A 3005: Enacts into law major components of legislation necessary to implement the state public protection and general government budget for the 2025-2026 state fiscal year; extends provisions of law relating to criminal justice including the psychological testing of candidates, expanding the geographic area of employment of certain police officers, prisoner furloughs in certain cases and the crime of absconding therefrom, correctional facilities, incarcerated individual work release, furlough and leave, certain provisions which impact upon expenditure of certain appropriations made by chapter 50 of the laws of 1994 enacting the state operations budget, taxes, surcharges, fees and funding, prison and jail housing and alternatives to detention and incarceration programs, taxes, expiration of the mandatory surcharge and victim assistance fee, the ignition interlock device program, the merit provisions, prisoner litigation reform and the incarcerated individual filing fee provisions of the civil practice law and rules and general filing fee provision and incarcerated individual property claims exhaustion requirement of the court of claims act of such chapter, the family protection and domestic violence intervention act of 1994, certain provisions requiring the arrest of certain persons engaged in family violence, the use of closed-circuit television and other protective measures for certain child witnesses, the counties, the interstate compact for adult offender supervision, limiting the closing of certain correctional facilities, the custody by the department of correctional services of incarcerated individual serving definite sentences, custody of federal prisoners, the closing of certain correctional facilities, military funds of the organized militia, providing for community treatment facilities and establishing the crime of absconding from the community treatment facility; relates to the pre-criminal proceeding settlements in the city of New York (Part A); expands eligibility for who may hold correction and police officer positions (Part C); expands support services for victims of financial abuse and homicide (Part G); expands protections and services to survivors of sexual assault for itemized charges related to exams for such survivors (Part H); improves access to public assistance for survivors of gender-based violence; repeals provisions relating thereto (Part I); requires certain employers to implement a model gender-based violence and the workplace policy (Part J); prohibits artificial intelligence-generated child sexual abuse material (Part L); extends provisions of law relating to liquidator's permits and temporary retail permits (Part Q); increases the bond limit for the New York city transitional finance authority (Part R); modifies the industrial and commercial abatement program (Part S); extends the civil service examination fee waiver for certain persons (Part V); provides for an optional payment election for certain employees (Part W); authorizes construction manager as constructor contracts as an alternative delivery method for authorized projects; defines construction manager as constructor contracts (Part Y); allows certain residents or fellows to render medical care in cases of workers' compensation injuries (Part AA); provides for temporary payment of compensation for medical treatment and care, including prescription drugs (Part CC); establishes a body-worn cameras program within the department of corrections and community supervision to increase accountability (Part GG); relates to the functions, powers and duties of the state commission on correction (Part HH); extends the time the New York State community commission on reparations remedies has to submit a written report of its findings and recommendations to the legislature and the governor (Part JJ); establishes the "Oak Orchard wastewater project design-build act" for the wastewater treatment plant in the town of Clay, county of Onondaga (Part KK); increases the amount of allowance that trial and grand jurors are entitled to in each court of the unified court system (Part LL); establishes the New York state office of gun violence prevention (Part MM); provides for ten additional judges for the New York city civil court and five additional judges for the court of claims (Part NN); relates to public campaign financing; changes certain thresholds and procedures; repeals certain provisions of chapter 58 of 2020 relating to severability (Part OO); delays implementing certain restrictions on outside earned income by members of the legislature until January 1, 2027 (Part PP); requires that candidates for the offices of governor and lieutenant governor are designated jointly; provides that ballots shall reflect that that offices of governor and lieutenant governor are voted for jointly (Part QQ); relates to civil enforcement actions initiated by the attorney-general (Part RR); restores 20 year service retirement for New York city police officers (Part SS); establishes a twenty-five year retirement plan for firefighters employed by the division of military and naval affairs (Part TT); removes eligibility or receipt of primary social security disability benefits as a condition for ordinary disability retirement for New York city enhanced plan members in active service who are not eligible for a normal retirement benefit and have completed five years or more of service (Part UU); extends the retiree earnings limitation waiver for school employees until June 30, 2027 (Part VV); authorizes courts to dispense with the personal appearance of a party or the defendant and conduct such appearance electronically; repeals provisions relating to appearances in court; provides for the repeal of such provisions upon the expiration thereof (Part WW); relates to promotions of police detectives, sergeants, and lieutenants for retirement purposes (Part XX); establishes alternative twenty and twenty-five year plans for certain law enforcement members or officers; provides for accidental disability retirement allowance for certain members (Part YY); lowers the minimum hiring age for correction officers to eighteen (Part ZZ); extends provisions related to the operation and administration of the legislature (Part AAA); relates to authorizing the department of corrections and community supervision to close up to three correctional facilities in the 2025--2026 state fiscal year; provides for the repeal of such provisions upon expiration thereof (Part BBB).

  
  STATE OF NEW YORK ________________________________________________________________________ S. 3005 A. 3005  SENATE - ASSEMBLY January 22, 2025 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 887 of the laws of 1983, amending the correction law relating to the psychological testing of candidates, in relation to the effectiveness thereof; to amend chapter 428 of the laws of 1999, amending the executive law and the criminal procedure law relat- ing to expanding the geographic area of employment of certain police officers, in relation to extending the expiration of such chapter; to amend chapter 886 of the laws of 1972, amending the correction law and the penal law relating to prisoner furloughs in certain cases and the crime of absconding therefrom, in relation to the effectiveness there- of; to amend chapter 261 of the laws of 1987, amending chapters 50, 53 and 54 of the laws of 1987, the correction law, the penal law and other chapters and laws relating to correctional facilities, in relation to the effectiveness thereof; to amend chapter 339 of the laws of 1972, amending the correction law and the penal law relating to inmate work release, furlough and leave, in relation to the effec- tiveness thereof; to amend chapter 60 of the laws of 1994 relating to certain provisions which impact upon expenditure of certain appropri- ations made by chapter 50 of the laws of 1994 enacting the state oper- ations budget, in relation to the effectiveness thereof; to amend chapter 55 of the laws of 1992, amending the tax law and other laws relating to taxes, surcharges, fees and funding, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 907 of the laws of 1984, amending the correction law, the New York city criminal court act and the executive law relating to prison and jail housing and alternatives to detention and incarcera- tion programs, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 166 of the laws of 1991, amending the tax law and other laws relating to taxes, in relation to extending the expiration of certain provisions of such chapter; to amend the vehicle and traffic law, in relation to extending the expi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12570-01-5 
 S. 3005 2 A. 3005 ration of the mandatory surcharge and victim assistance fee; to amend chapter 713 of the laws of 1988, amending the vehicle and traffic law relating to the ignition interlock device program, in relation to extending the expiration thereof; to amend chapter 435 of the laws of 1997, amending the military law and other laws relating to various provisions, in relation to extending the expiration date of the merit provisions of the correction law and the penal law of such chapter; to amend chapter 412 of the laws of 1999, amending the civil practice law and rules and the court of claims act relating to prisoner litigation reform, in relation to extending the expiration of the inmate filing fee provisions of the civil practice law and rules and general filing fee provision and inmate property claims exhaustion requirement of the court of claims act of such chapter; to amend chapter 222 of the laws of 1994 constituting the family protection and domestic violence intervention act of 1994, in relation to extending the expiration of certain provisions of the criminal procedure law requiring the arrest of certain persons engaged in family violence; to amend chapter 505 of the laws of 1985, amending the criminal procedure law relating to the use of closed-circuit television and other protective measures for certain child witnesses, in relation to extending the expiration of the provisions thereof; to amend chapter 3 of the laws of 1995, enact- ing the sentencing reform act of 1995, in relation to extending the expiration of certain provisions of such chapter; to amend chapter 689 of the laws of 1993 amending the criminal procedure law relating to electronic court appearance in certain counties, in relation to extending the expiration thereof; to amend chapter 688 of the laws of 2003, amending the executive law relating to enacting the interstate compact for adult offender supervision, in relation to the effective- ness thereof; to amend chapter 56 of the laws of 2009, amending the correction law relating to limiting the closing of certain correction- al facilities, providing for the custody by the department of correc- tional services of inmates serving definite sentences, providing for custody of federal prisoners and requiring the closing of certain correctional facilities, in relation to the effectiveness of such chapter; to amend chapter 152 of the laws of 2001 amending the mili- tary law relating to military funds of the organized militia, in relation to the effectiveness thereof; to amend chapter 554 of the laws of 1986, amending the correction law and the penal law relating to providing for community treatment facilities and establishing the crime of absconding from the community treatment facility, in relation to the effectiveness thereof; and to amend chapter 55 of the laws of 2018, amending the criminal procedure law relating to the pre-criminal proceeding settlements in the City of New York, in relation to the effectiveness thereof (Part A); to amend the criminal procedure law, in relation to discovery reform (Part B); to amend the public officers law, in relation to residency requirements for certain positions as a correction officer; to amend the retirement and social security law, in relation to mandatory retirement for certain members or officers of the state police; to amend the executive law, in relation to eligibil- ity for appointment as a sworn member of the state police; and to amend the civil service law, in relation to the requirements for appointment of police officers (Part C); to amend the penal law, in relation to establishing the crime of domestic violence (Part D); to amend the correction law, in relation to merit time allowance and limited credit time allowance (Part E); to amend criminal procedure law, civil practice law and rules, general municipal law, the court of 
 S. 3005 3 A. 3005 claims act, and the education law, in relation to eliminating the statute of limitations for sex trafficking cases (Part F); to amend the executive law, in relation to expanding support services for victims of financial abuse and homicide (Part G); to amend the execu- tive law and the public health law, in relation to expanding protections and services to survivors of sexual assault (Part H); to amend the social services law, in relation to public assistance for survivors of gender-based violence; and to repeal subdivision four of section 349-a of the social services law relating thereto (Part I); to amend the state finance law and the executive law, in relation to a model gender-based violence and the workplace policy (Part J); to amend the general municipal law and the executive law, in relation to requiring municipal cybersecurity incident reporting and exempting such reports from freedom of information requirements (Part K); to amend the penal law, in relation to artificial intelligence-generated child sexual abuse material (Part L); to amend the penal law, in relation to including the patronization of a person who is mentally disabled in the offense of sex trafficking (Part M); to amend the penal law, in relation to transit crimes and prohibition orders relat- ing to such crimes (Part N); to amend the penal law, in relation to the expanding the definition of building for the purpose of the offense of criminal trespass and burglary (Part O); to amend the penal law, in relation to establishing the crime of aggravated transporta- tion offense (Part P); to amend chapter 396 of the laws of 2010 amend- ing the alcoholic beverage control law relating to liquidator's permits and temporary retail permits, in relation to the effectiveness thereof (Part Q); to amend the public authorities law, in relation to the bonding limit of the New York city transitional finance authority (Part R); to amend the real property tax law and the administrative code of the city of New York, in relation to the industrial and commercial abatement program (Part S); to amend the civil practice law and rules and the state finance law, in relation to the rate of inter- est to be paid on judgment and accrued claims (Part T); to amend the civil service law, in relation to reimbursement for medicare premium charges (Part U); to amend the civil service law, in relation to extending the waiver of certain state civil service examination fees; and to amend part EE of chapter 55 of the laws of 2023, amending the civil service law relating to waiving state civil service examination fees between July 1, 2023 and December 31, 2025, in relation to the effectiveness thereof (Part V); to amend the state finance law, in relation to providing for an alternate payment election for certain employees (Part W); to amend the state technology law, in relation to cybersecurity awareness training for government employees (Part X); to amend chapter 60 of the laws of 2015, constituting the infrastructure investment act, in relation to construction manager as constructor contracts (Part Y); to amend the New York city public works investment act, in relation to authorizing the use of certain alternative project delivery methods (Part Z); to amend the workers' compensation law, in relation to medical providers entitled to render emergency care and treatment in cases of a workers' compensation injury (Part AA); to amend the workers' compensation law, in relation to specifying which providers are authorized to render certain medical care; and to repeal certain provisions of such law related thereto (Part BB); to amend the workers' compensation law, in relation to temporary payment of compen- sation for medical treatment and care (Part CC); to amend the workers' compensation law and the insurance law, in relation to payments for 
 S. 3005 4 A. 3005 covered medical and/or hospital services for or on behalf of an injured employee when the claim is controverted (Part DD); and in relation to providing for the administration of certain funds and accounts related to the 2025-2026 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the administration of certain funds and accounts, in relation to the effectiveness thereof, and in relation to interest owed on outstanding balances of debt; to amend part XX of chapter 56 of the laws of 2024, amending the state finance law and other laws relating to providing for the administration of certain funds and accounts related to the 2023-2024 budget, in relation to the effectiveness thereof; authoriz- ing the comptroller to transfer up to $25,000,000 from various state bond funds to the general debt service fund for the purposes of redeeming or defeasing outstanding state bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend the public authorities law, in relation to the issuance of bonds and notes by the dedicated highway and bridge trust fund; to amend the public authorities law, in relation to the issuance of bonds and notes for city university facilities; to amend the public authori- ties law, in relation to the issuance of bonds for library construction projects; to amend the public authorities law, in relation to the issuance of bonds for state university educational facilities; to amend the public authorities law, in relation to the issuance of bonds and notes for locally sponsored community colleges; to amend chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, in relation to the issuance of mental health services facilities improvement bonds and notes; to amend part K of chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to the issuance of bonds and notes to finance capital costs related to homeland security; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes for purposes of funding office of information technology services project costs; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedi- cated highway and bridge trust fund, in relation to the issuance of funds to the thruway authority; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds and notes to fund costs for statewide equip- ment; to amend the public authorities law, in relation to the issuance of bonds for purposes of financing environmental infrastructure projects; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds and notes for the youth facilities improvement fund; to amend the public authorities law, in relation to the issuance of bonds and notes for the purpose of financing peace bridge projects and capital costs of state and local highways; to amend chapter 174 of the laws of 1968 constituting the urban development corporation act, in relation to the issuance of bonds for economic development initiatives; to amend part Y of chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the issuance of bonds and notes for the purpose of financing capital projects for the division of military and naval affairs and initiative of the state police; to amend the 
 S. 3005 5 A. 3005 public authorities law, in relation to the issuance of bonds and notes for the purpose of financing the construction of the New York state agriculture and markets food laboratory; to amend the public authori- ties law, in relation to authorization for the issuance of bonds for the capital restructuring financing program, the health care facility transformation programs, and the essential health care provider program; to amend the public authorities law, in relation to the issuance of bonds or notes for the purpose of assisting the metropolitan transportation authority in the financing of transpor- tation facilities; to amend the public authorities law, in relation to bonds and notes for hazardous waste remediation; to amend part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of certain bonds and notes; to amend the public authorities law, in relation to funds for the department of health and financing through the dormitory authori- ty; to amend the public health law, in relation to the department of health income fund; to amend chapter 174 of the laws of 1968 consti- tuting the urban development corporation act, in relation to the issu- ance of personal income tax revenue anticipation notes; to amend the state finance law, in relation to the issuance of bonds and notes for certain purposes; to amend the state finance law, in relation to refunding and redemption of bonds; to repeal certain provisions of the state finance law relating to the accident prevention course internet, and other technology pilot program fund, relating to the required contents of the budget and relating to the deposit of receipts derived from certain indirect cost assessments; and providing for the repeal of certain provisions upon expiration thereof (Part EE) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law major components of legislation 2 necessary to implement the state public protection and general govern- 3 ment budget for the 2025-2026 state fiscal year. Each component is whol- 4 ly contained within a Part identified as Parts A through EE. The effec- 5 tive date for each particular provision contained within such Part is 6 set forth in the last section of such Part. Any provision in any section 7 contained within a Part, including the effective date of the Part, which 8 makes a reference to a section "of this act", when used in connection 9 with that particular component, shall be deemed to mean and refer to the 10 corresponding section of the Part in which it is found. Section three of 11 this act sets forth the general effective date of this act. 12 PART A 13 Section 1. Section 2 of chapter 887 of the laws of 1983, amending the 14 correction law relating to the psychological testing of candidates, as 15 amended by section 1 of part A of chapter 55 of the laws of 2023, is 16 amended to read as follows: 17 § 2. This act shall take effect on the one hundred eightieth day after 18 it shall have become a law and shall remain in effect until September 1, 19 [2025] 2027. 20 § 2. Section 3 of chapter 428 of the laws of 1999, amending the execu- 21 tive law and the criminal procedure law relating to expanding the 
 S. 3005 6 A. 3005 1 geographic area of employment of certain police officers, as amended by 2 section 2 of part A of chapter 55 of the laws of 2023, is amended to 3 read as follows: 4 § 3. This act shall take effect on the first day of November next 5 succeeding the date on which it shall have become a law, and shall 6 remain in effect until the first day of September, [2025] 2027, when it 7 shall expire and be deemed repealed. 8 § 3. Section 3 of chapter 886 of the laws of 1972, amending the 9 correction law and the penal law relating to prisoner furloughs in 10 certain cases and the crime of absconding therefrom, as amended by 11 section 3 of part A of chapter 55 of the laws of 2023, is amended to 12 read as follows: 13 § 3. This act shall take effect 60 days after it shall have become a 14 law and shall remain in effect until September 1, [2025] 2027. 15 § 4. Section 20 of chapter 261 of the laws of 1987, amending chapters 16 50, 53 and 54 of the laws of 1987, the correction law, the penal law and 17 other chapters and laws relating to correctional facilities, as amended 18 by section 4 of part A of chapter 55 of the laws of 2023, is amended to 19 read as follows: 20 § 20. This act shall take effect immediately except that section thir- 21 teen of this act shall expire and be of no further force or effect on 22 and after September 1, [2025] 2027 and shall not apply to persons 23 committed to the custody of the department after such date, and provided 24 further that the commissioner of corrections and community supervision 25 shall report each January first and July first during such time as the 26 earned eligibility program is in effect, to the [chairmen] chairs of the 27 senate crime victims, crime and correction committee, the senate codes 28 committee, the assembly correction committee, and the assembly codes 29 committee, the standards in effect for earned eligibility during the 30 prior six-month period, the number of [inmates] incarcerated individuals 31 subject to the provisions of earned eligibility, the number who actually 32 received certificates of earned eligibility during that period of time, 33 the number of [inmates] incarcerated individuals with certificates who 34 are granted parole upon their first consideration for parole, the number 35 with certificates who are denied parole upon their first consideration, 36 and the number of individuals granted and denied parole who did not have 37 earned eligibility certificates. 38 § 5. Subdivision (q) of section 427 of chapter 55 of the laws of 1992, 39 amending the tax law and other laws relating to taxes, surcharges, fees 40 and funding, as amended by section 5 of part A of chapter 55 of the laws 41 of 2023, is amended to read as follows: 42 (q) the provisions of section two hundred eighty-four of this act 43 shall remain in effect until September 1, [2025] 2027 and be applicable 44 to all persons entering the program on or before August 31, [2025] 2027. 45 § 6. Section 10 of chapter 339 of the laws of 1972, amending the 46 correction law and the penal law relating to inmate work release, 47 furlough and leave, as amended by section 6 of part A of chapter 55 of 48 the laws of 2023, is amended to read as follows: 49 § 10. This act shall take effect 30 days after it shall have become a 50 law and shall remain in effect until September 1, [2025] 2027, and 51 provided further that the commissioner of correctional services shall 52 report each January first, and July first, to the [chairman] chairs of 53 the senate crime victims, crime and correction committee, the senate 54 codes committee, the assembly correction committee, and the assembly 55 codes committee, the number of eligible [inmates] incarcerated individ- 56 uals in each facility under the custody and control of the commissioner 
 S. 3005 7 A. 3005 1 who have applied for participation in any program offered under the 2 provisions of work release, furlough, or leave, and the number of such 3 [inmates] incarcerated individuals who have been approved for partic- 4 ipation. 5 § 7. Subdivision (c) of section 46 of chapter 60 of the laws of 1994, 6 relating to certain provisions which impact upon expenditure of certain 7 appropriations made by chapter 50 of the laws of 1994, enacting the 8 state operations budget, as amended by section 7 of part A of chapter 55 9 of the laws of 2023, is amended to read as follows: 10 (c) sections forty-one and forty-two of this act shall expire Septem- 11 ber 1, [2025] 2027; provided, that the provisions of section forty-two 12 of this act shall apply to [inmates] incarcerated individuals entering 13 the work release program on or after such effective date; and 14 § 8. Subdivision (aa) of section 427 of chapter 55 of the laws of 15 1992, amending the tax law and other laws relating to taxes, surcharges, 16 fees and funding, as amended by section 8 of part A of chapter 55 of the 17 laws of 2023, is amended to read as follows: 18 (aa) the provisions of sections three hundred eighty-two, three 19 hundred eighty-three and three hundred eighty-four of this act shall 20 expire on September 1, [2025] 2027; 21 § 9. Section 12 of chapter 907 of the laws of 1984, amending the 22 correction law, the New York city criminal court act and the executive 23 law relating to prison and jail housing and alternatives to detention 24 and incarceration programs, as amended by section 9 of part A of chapter 25 55 of the laws of 2023, is amended to read as follows: 26 § 12. This act shall take effect immediately, except that the 27 provisions of sections one through ten of this act shall remain in full 28 force and effect until September 1, [2025] 2027 on which date those 29 provisions shall be deemed to be repealed. 30 § 10. Subdivision (p) of section 406 of chapter 166 of the laws of 31 1991, amending the tax law and other laws relating to taxes, as amended 32 by section 10 of part A of chapter 55 of the laws of 2023, is amended to 33 read as follows: 34 (p) The amendments to section 1809 of the vehicle and traffic law made 35 by sections three hundred thirty-seven and three hundred thirty-eight of 36 this act shall not apply to any offense committed prior to such effec- 37 tive date; provided, further, that section three hundred forty-one of 38 this act shall take effect immediately and shall expire November 1, 1993 39 at which time it shall be deemed repealed; sections three hundred 40 forty-five and three hundred forty-six of this act shall take effect 41 July 1, 1991; sections three hundred fifty-five, three hundred fifty- 42 six, three hundred fifty-seven and three hundred fifty-nine of this act 43 shall take effect immediately and shall expire June 30, 1995 and shall 44 revert to and be read as if this act had not been enacted; section three 45 hundred fifty-eight of this act shall take effect immediately and shall 46 expire June 30, 1998 and shall revert to and be read as if this act had 47 not been enacted; section three hundred sixty-four through three hundred 48 sixty-seven of this act shall apply to claims filed on or after such 49 effective date; sections three hundred sixty-nine, three hundred seven- 50 ty-two, three hundred seventy-three, three hundred seventy-four, three 51 hundred seventy-five and three hundred seventy-six of this act shall 52 remain in effect until September 1, [2025] 2027, at which time they 53 shall be deemed repealed; provided, however, that the mandatory 54 surcharge provided in section three hundred seventy-four of this act 55 shall apply to parking violations occurring on or after said effective 56 date; and provided further that the amendments made to section 235 of 
 S. 3005 8 A. 3005 1 the vehicle and traffic law by section three hundred seventy-two of this 2 act, the amendments made to section 1809 of the vehicle and traffic law 3 by sections three hundred thirty-seven and three hundred thirty-eight of 4 this act and the amendments made to section 215-a of the labor law by 5 section three hundred seventy-five of this act shall expire on September 6 1, [2025] 2027 and upon such date the provisions of such subdivisions 7 and sections shall revert to and be read as if the provisions of this 8 act had not been enacted; the amendments to subdivisions 2 and 3 of 9 section 400.05 of the penal law made by sections three hundred seventy- 10 seven and three hundred seventy-eight of this act shall expire on July 11 1, 1992 and upon such date the provisions of such subdivisions shall 12 revert and shall be read as if the provisions of this act had not been 13 enacted; the state board of law examiners shall take such action as is 14 necessary to assure that all applicants for examination for admission to 15 practice as an attorney and counsellor at law shall pay the increased 16 examination fee provided for by the amendment made to section 465 of the 17 judiciary law by section three hundred eighty of this act for any exam- 18 ination given on or after the effective date of this act notwithstanding 19 that an applicant for such examination may have prepaid a lesser fee for 20 such examination as required by the provisions of such section 465 as of 21 the date prior to the effective date of this act; the provisions of 22 section 306-a of the civil practice law and rules as added by section 23 three hundred eighty-one of this act shall apply to all actions pending 24 on or commenced on or after September 1, 1991, provided, however, that 25 for the purposes of this section service of such summons made prior to 26 such date shall be deemed to have been completed on September 1, 1991; 27 the provisions of section three hundred eighty-three of this act shall 28 apply to all money deposited in connection with a cash bail or a 29 partially secured bail bond on or after such effective date; and the 30 provisions of sections three hundred eighty-four and three hundred 31 eighty-five of this act shall apply only to jury service commenced 32 during a judicial term beginning on or after the effective date of this 33 act; provided, however, that nothing contained herein shall be deemed to 34 affect the application, qualification, expiration or repeal of any 35 provision of law amended by any section of this act and such provisions 36 shall be applied or qualified or shall expire or be deemed repealed in 37 the same manner, to the same extent and on the same date as the case may 38 be as otherwise provided by law; 39 § 11. Subdivision 8 of section 1809 of the vehicle and traffic law, as 40 amended by section 11 of part A of chapter 55 of the laws of 2023, is 41 amended to read as follows: 42 8. The provisions of this section shall only apply to offenses commit- 43 ted on or before September first, two thousand [twenty-five] twenty-sev- 44 en. 45 § 12. Section 6 of chapter 713 of the laws of 1988, amending the vehi- 46 cle and traffic law relating to the ignition interlock device program, 47 as amended by section 12 of part A of chapter 55 of the laws of 2023, is 48 amended to read as follows: 49 § 6. This act shall take effect on the first day of April next 50 succeeding the date on which it shall have become a law; provided, 51 however, that effective immediately, the addition, amendment or repeal 52 of any rule or regulation necessary for the implementation of the fore- 53 going sections of this act on their effective date is authorized and 54 directed to be made and completed on or before such effective date and 55 shall remain in full force and effect until the first day of September, 
 S. 3005 9 A. 3005 1 [2025] 2027 when upon such date the provisions of this act shall be 2 deemed repealed. 3 § 13. Paragraph a of subdivision 6 of section 76 of chapter 435 of the 4 laws of 1997, amending the military law and other laws relating to vari- 5 ous provisions, as amended by section 13 of part A of chapter 55 of the 6 laws of 2023, is amended to read as follows: 7 a. sections forty-three through forty-five of this act shall expire 8 and be deemed repealed on September 1, [2025] 2027; 9 § 14. Section 4 of part D of chapter 412 of the laws of 1999, amending 10 the civil practice law and rules and the court of claims act relating to 11 prisoner litigation reform, as amended by section 14 of part A of chap- 12 ter 55 of the laws of 2023, is amended to read as follows: 13 § 4. This act shall take effect 120 days after it shall have become a 14 law and shall remain in full force and effect until September 1, [2025] 15 2027, when upon such date it shall expire. 16 § 15. Subdivision 2 of section 59 of chapter 222 of the laws of 1994, 17 constituting the family protection and domestic violence intervention 18 act of 1994, as amended by section 15 of part A of chapter 55 of the 19 laws of 2023, is amended to read as follows: 20 2. Subdivision 4 of section 140.10 of the criminal procedure law as 21 added by section thirty-two of this act shall take effect January 1, 22 1996 and shall expire and be deemed repealed on September 1, [2025] 23 2027. 24 § 16. Section 5 of chapter 505 of the laws of 1985, amending the crim- 25 inal procedure law relating to the use of closed-circuit television and 26 other protective measures for certain child witnesses, as amended by 27 section 16 of part A of chapter 55 of the laws of 2023, is amended to 28 read as follows: 29 § 5. This act shall take effect immediately and shall apply to all 30 criminal actions and proceedings commenced prior to the effective date 31 of this act but still pending on such date as well as all criminal 32 actions and proceedings commenced on or after such effective date and 33 its provisions shall expire on September 1, [2025] 2027, when upon such 34 date the provisions of this act shall be deemed repealed. 35 § 17. Subdivision d of section 74 of chapter 3 of the laws of 1995, 36 enacting the sentencing reform act of 1995, as amended by section 17 of 37 part A of chapter 55 of the laws of 2023, is amended to read as follows: 38 d. Sections one-a through twenty, twenty-four through twenty-eight, 39 thirty through thirty-nine, forty-two and forty-four of this act shall 40 be deemed repealed on September 1, [2025] 2027; 41 § 18. Section 2 of chapter 689 of the laws of 1993, amending the crim- 42 inal procedure law relating to electronic court appearance in certain 43 counties, as amended by section 18 of part A of chapter 55 of the laws 44 of 2023, is amended to read as follows: 45 § 2. This act shall take effect immediately, except that the 46 provisions of this act shall be deemed to have been in full force and 47 effect since July 1, 1992 and the provisions of this act shall expire 48 September 1, [2025] 2027 when upon such date the provisions of this act 49 shall be deemed repealed. 50 § 19. Section 3 of chapter 688 of the laws of 2003, amending the exec- 51 utive law relating to enacting the interstate compact for adult offender 52 supervision, as amended by section 19 of part A of chapter 55 of the 53 laws of 2023, is amended to read as follows: 54 § 3. This act shall take effect immediately, except that section one 55 of this act shall take effect on the first of January next succeeding 56 the date on which it shall have become a law, and shall remain in effect 
 S. 3005 10 A. 3005 1 until the first of September, [2025] 2027, upon which date this act 2 shall be deemed repealed and have no further force and effect; provided 3 that section one of this act shall only take effect with respect to any 4 compacting state which has enacted an interstate compact entitled 5 "Interstate compact for adult offender supervision" and having an iden- 6 tical effect to that added by section one of this act and provided 7 further that with respect to any such compacting state, upon the effec- 8 tive date of section one of this act, section 259-m of the executive law 9 is hereby deemed REPEALED and section 259-mm of the executive law, as 10 added by section one of this act, shall take effect; and provided 11 further that with respect to any state which has not enacted an inter- 12 state compact entitled "Interstate compact for adult offender super- 13 vision" and having an identical effect to that added by section one of 14 this act, section 259-m of the executive law shall take effect and the 15 provisions of section one of this act, with respect to any such state, 16 shall have no force or effect until such time as such state shall adopt 17 an interstate compact entitled "Interstate compact for adult offender 18 supervision" and having an identical effect to that added by section one 19 of this act in which case, with respect to such state, effective imme- 20 diately, section 259-m of the executive law is deemed repealed and 21 section 259-mm of the executive law, as added by section one of this 22 act, shall take effect. 23 § 20. Section 8 of part H of chapter 56 of the laws of 2009, amending 24 the correction law relating to limiting the closing of certain correc- 25 tional facilities, providing for the custody by the department of 26 correctional services of inmates serving definite sentences, providing 27 for custody of federal prisoners and requiring the closing of certain 28 correctional facilities, as amended by section 20 of part A of chapter 29 55 of the laws of 2023, is amended to read as follows: 30 § 8. This act shall take effect immediately; provided, however that 31 sections five and six of this act shall expire and be deemed repealed 32 September 1, [2025] 2027. 33 § 21. Section 3 of part C of chapter 152 of the laws of 2001, amending 34 the military law relating to military funds of the organized militia, as 35 amended by section 21 of part A of chapter 55 of the laws of 2023, is 36 amended to read as follows: 37 § 3. This act shall take effect immediately; provided however that the 38 amendments made to subdivision 1 of section 221 of the military law by 39 section two of this act shall expire and be deemed repealed September 1, 40 [2025] 2027. 41 § 22. Section 5 of chapter 554 of the laws of 1986, amending the 42 correction law and the penal law relating to providing for community 43 treatment facilities and establishing the crime of absconding from the 44 community treatment facility, as amended by section 22 of part A of 45 chapter 55 of the laws of 2023, is amended to read as follows: 46 § 5. This act shall take effect immediately and shall remain in full 47 force and effect until September 1, [2025] 2027, and provided further 48 that the commissioner of correctional services shall report each January 49 first and July first during such time as this legislation is in effect, 50 to the [chairmen] chairs of the senate crime victims, crime and 51 correction committee, the senate codes committee, the assembly 52 correction committee, and the assembly codes committee, the number of 53 individuals who are released to community treatment facilities during 54 the previous six-month period, including the total number for each date 55 at each facility who are not residing within the facility, but who are 56 required to report to the facility on a daily or less frequent basis. 
 S. 3005 11 A. 3005 1 § 23. Section 2 of part F of chapter 55 of the laws of 2018, amending 2 the criminal procedure law relating to pre-criminal proceeding settle- 3 ments in the city of New York, as amended by section 23 of part A of 4 chapter 55 of the laws of 2023, is amended to read as follows: 5 § 2. This act shall take effect immediately and shall remain in full 6 force and effect until March 31, [2025] 2027, when it shall expire and 7 be deemed repealed. 8 § 24. This act shall take effect immediately. 9 PART B 10 Section 1. Paragraph (c) of subdivision 1 of section 245.10 of the 11 criminal procedure law, as added by section 2 of part LLL of chapter 59 12 of the laws of 2019, is amended to read as follows: 13 (c) The prosecution shall disclose statements of the defendant as 14 described in paragraph (a) of subdivision one of section 245.20 of this 15 article to any defendant who has been arraigned in a local criminal 16 court upon a currently undisposed of felony complaint charging an 17 offense which is a subject of a prospective or pending grand jury 18 proceeding, no later than [forty-eight] twenty-four hours before the 19 time scheduled for the defendant to testify at a grand jury proceeding 20 pursuant to subdivision five of section 190.50 of this part. 21 § 2. The opening paragraph, paragraphs (h), (o) and subparagraph (i) 22 of paragraph (u) of subdivision 1, subdivisions 2 and 6 of section 23 245.20 of the criminal procedure law, as added by section 2 of part LLL 24 of chapter 59 of the laws of 2019, are amended to read as follows: 25 The prosecution shall disclose to the defendant, and permit the 26 defendant to discover, inspect, copy, photograph and test, all [items 27 and information that relate to the subject matter of the case and] mate- 28 rial and information relevant to the subject matter of the charges 29 against the defendant in the instant case which are in the possession, 30 custody or control of the prosecution or persons under the prosecution's 31 direction or control, including but not limited to: 32 (h) All photographs and drawings made or completed by a public servant 33 engaged in law enforcement activity, or which were made by a person whom 34 the prosecutor intends to call as a witness at trial or a pre-trial 35 hearing, or which [relate to the subject matter of the case] are rele- 36 vant to the subject matter of the charges against the defendant in the 37 instant case. 38 (o) All tangible property that [relates to the subject matter of the 39 case] is relevant to the subject matter of the charges against the 40 defendant in the instant case, along with a designation of which items 41 the prosecution intends to introduce in its case-in-chief at trial or a 42 pre-trial hearing. If in the exercise of reasonable diligence the prose- 43 cutor has not formed an intention within the time period specified in 44 subdivision one of section 245.10 of this article that an item under 45 this subdivision will be introduced at trial or a pre-trial hearing, the 46 prosecution shall notify the defendant in writing, and the time period 47 in which to designate items as exhibits shall be stayed without need for 48 a motion pursuant to subdivision two of section 245.70 of this article; 49 but the disclosure shall be made as soon as practicable and subject to 50 the continuing duty to disclose in section 245.60 of this article. 51 (i) A copy of all electronically created or stored information seized 52 or obtained by or on behalf of law enforcement from: (A) the defendant 53 as described in subparagraph (ii) of this paragraph; or (B) a source 54 other than the defendant which [relates to the subject matter of the 
 S. 3005 12 A. 3005 1 case] are relevant to the subject matter of the charges against the 2 defendant in the instant case. 3 2. Duties of the prosecution. The prosecutor shall make a diligent, 4 good faith effort to ascertain the existence of material or information 5 discoverable under subdivision one of this section and to cause such 6 material or information to be made available for discovery where it 7 exists but is not within the prosecutor's possession, custody or 8 control[; provided that the prosecutor shall not be required to obtain 9 by subpoena duces tecum material or information which the defendant may 10 thereby obtain]. Material or information that requires a subpoena duces 11 tecum in order for the prosecutor to obtain, and in which the defendant 12 may obtain by subpoena duces tecum, are not within the scope of automat- 13 ic discovery for purposes of subdivision one of this section, and the 14 prosecutor shall not be required to obtain such material or information 15 before filing a certificate of compliance pursuant to subdivision one of 16 section 245.50 of this article. For purposes of subdivision one of this 17 section, [all items and information related to the prosecution of a 18 charge] all material or information relevant to the subject matter of 19 the charges against the defendant in the instant case which are in the 20 possession of any New York state or local police or law enforcement 21 agency shall be deemed to be in the constructive possession of the pros- 22 ecution. The prosecution shall also identify any laboratory having 23 contact with evidence [related] relevant to the prosecution of a charge. 24 This subdivision shall not require the prosecutor to ascertain the 25 existence of witnesses not known to the police or another law enforce- 26 ment agency, or the written or recorded statements thereof, under para- 27 graph (c) or (e) of subdivision one of this section. 28 6. Redactions permitted. Either party may redact social security 29 numbers [and], tax numbers, witnesses' physical addresses, other forms 30 of witnesses' contact information so long as the people have provided 31 one form of adequate contact information contained in material or infor- 32 mation disclosed pursuant to paragraph (c) of subdivision one of this 33 section, physical addresses and other forms of contact information for 34 any persons contained in material or information disclosed pursuant to 35 paragraph (k) of subdivision one of this section, and material or infor- 36 mation that is not relevant to the subject matter of the charges against 37 the defendant in the instant case from disclosures under this article 38 without the need to file a protective order pursuant to section 245.70 39 of this article. 40 § 3. Subdivisions 1 and 3 of section 245.30 of the criminal procedure 41 law, as added by section 2 of part LLL of chapter 59 of the laws of 42 2019, are amended to read as follows: 43 1. Order to preserve evidence. At any time, a party may move for a 44 court order to any individual, agency or other entity in possession, 45 custody or control of items which [relate to the subject matter of the 46 case or are otherwise relevant] are relevant to the subject matter of 47 the charges against the defendant in the instant case, requiring that 48 such items be preserved for a specified period of time. The court shall 49 hear and rule upon such motions expeditiously. The court may modify or 50 vacate such an order upon a showing that preservation of particular 51 evidence will create significant hardship to such individual, agency or 52 entity, on condition that the probative value of that evidence is 53 preserved by a specified alternative means. 54 3. Discretionary discovery by order of the court. The court in its 55 discretion may, upon a showing by the defendant that the request is 56 reasonable and that the defendant is unable without undue hardship to 
 S. 3005 13 A. 3005 1 obtain the substantial equivalent by other means, order the prosecution, 2 or any individual, agency or other entity subject to the jurisdiction of 3 the court, to make available for disclosure to the defendant any materi- 4 al or information which [relates to the subject matter of the case] are 5 relevant to the subject matter of the charges against the defendant in 6 the instant case and is reasonably likely to be material. A motion under 7 this subdivision must be on notice to any person or entity affected by 8 the order. The court may, on its own, upon request of any person or 9 entity affected by the order, modify or vacate the order if compliance 10 would be unreasonable or will create significant hardship. For good 11 cause shown, the court may permit a party seeking or opposing a discre- 12 tionary order of discovery under this subdivision, or another affected 13 person or entity, to submit papers or testify on the record ex parte or 14 in camera. For good cause shown, any such papers and a transcript of 15 such testimony may be sealed and shall constitute a part of the record 16 on appeal. 17 § 4. Subdivisions 1, 1-a, 3 and 4 of section 245.50 of the criminal 18 procedure law, subdivisions 1 and 3 as amended by section 7 of part HHH 19 of chapter 56 of the laws of 2020, subdivision 1-a as added and subdivi- 20 sion 4 as amended by section 1 of subpart D of part UU of chapter 56 of 21 the laws of 2022, are amended and a new subdivision 5 is added to read 22 as follows: 23 1. By the prosecution. When the prosecution, after exercising good 24 faith and due diligence, has provided [the discovery required by subdi- 25 vision one of section 245.20 of this article] all material and informa- 26 tion set forth in subdivision one of section 245.20 of this article that 27 are in the people's actual possession, except for discovery that is lost 28 or destroyed as provided by paragraph (b) of subdivision one of section 29 245.80 of this article and except for any [items] material or informa- 30 tion that [are] is the subject of an order pursuant to section 245.70 of 31 this article, it shall serve upon the defendant and file with the court 32 a certificate of compliance. The certificate of compliance shall state 33 that, after exercising due diligence and making reasonable inquiries to 34 ascertain the existence of material and information subject to discov- 35 ery, the prosecutor has disclosed and made available all known material 36 and information subject to discovery that is in its actual possession. 37 It shall also identify the items provided. [If additional discovery is 38 subsequently provided] If the prosecution provides additional discovery 39 prior to trial pursuant to section 245.60 of this article, a supple- 40 mental certificate shall be served upon the defendant and filed with the 41 court identifying the additional material and information provided. [No 42 adverse consequence to the prosecution or the prosecutor shall result 43 from the filing of a certificate of compliance in good faith and reason- 44 able under the circumstances; but the court may grant a remedy or sanc- 45 tion for a discovery violation as provided in section 245.80 of this 46 article.] The filing of a supplemental certificate of compliance shall 47 not impact the validity of the original certificate of compliance if 48 filed in good faith and after exercising due diligence pursuant to 49 section 245.20 of this article. Nothing in this subdivision shall 50 preclude the prosecution from continuing their investigation and obtain- 51 ing and disclosing new discoverable material and information after they 52 have filed a certificate of compliance. 53 [1-a. Any supplemental certificate of compliance shall detail the 54 basis for the delayed disclosure so that the court may determine whether 55 the delayed disclosure impacts the propriety of the certificate of 56 compliance. The filing of a supplemental certificate of compliance shall 
 S. 3005 14 A. 3005 1 not impact the validity of the original certificate of compliance if 2 filed in good faith and after exercising due diligence pursuant to 3 section 245.20 of this article, or if the additional discovery did not 4 exist at the time of the filing of the original certificate of compli- 5 ance.] 6 3. Trial readiness. Notwithstanding the provisions of any other law, 7 absent an individualized finding of special circumstances in the instant 8 case by the court before which the charge is pending, the prosecution 9 shall not be deemed ready for trial for purposes of section 30.30 of 10 this chapter until it has filed a proper certificate pursuant to subdi- 11 vision one of this section. [A court may deem the prosecution ready for 12 trial pursuant to section 30.30 of this chapter where information that 13 might be considered discoverable under this article cannot be disclosed 14 because it has been lost, destroyed, or otherwise unavailable as 15 provided by paragraph (b) of subdivision one of section 245.80 of this 16 article, despite diligent and good faith efforts, reasonable under the 17 circumstances. Provided, however, that the court may grant a remedy or 18 sanction for a discovery violation as provided by section 245.80 of this 19 article.] 20 4. (a) Challenges to, or questions related to a certificate of compli- 21 ance shall be addressed by motion. 22 (b) To the extent that the party is aware of a potential defect or 23 deficiency related to a certificate of compliance or supplemental 24 certificate of compliance, the party entitled to disclosure shall notify 25 or alert the opposing party as soon as practicable. 26 (c) Challenges related to the sufficiency of a certificate of compli- 27 ance or supplemental certificates of compliance filed pursuant to subdi- 28 vision one of this section shall be addressed by motion [as soon as 29 practicable, provided that nothing in this section shall be construed to 30 waive a party's right to make further challenges, including but not 31 limited to a motion pursuant to section 30.30 of this chapter] within 32 thirty-five days of the filing of the certificate. Failure to challenge 33 a certificate of compliance or supplemental certificate of compliance 34 within that time period constitutes a waiver of that challenge, however, 35 for good cause shown, the court may extend the time period beyond thir- 36 ty-five days. Good cause includes, but is not limited to, voluminous 37 discovery and the complexity of the case. Denial of a motion challenging 38 the sufficiency of a certificate of compliance or supplemental certif- 39 icate of compliance, or a waiver of such challenge, shall not preclude 40 the imposition of any remedy or sanction authorized under section 245.80 41 of this article. 42 (d) A certificate of compliance or supplemental certificate of compli- 43 ance shall not be invalidated where the people rely on a good faith 44 interpretation of the disclosure requirements of this article, and there 45 is no controlling precedent to the contrary from the intermediate appel- 46 late court to which an appeal from a judgment of conviction would be had 47 or from the court of appeals. 48 5. Notwithstanding any other section of law to the contrary, no 49 adverse consequence to the prosecution or the prosecutor, including the 50 invalidation of a certificate of compliance or statement of readiness, 51 shall result from the filing of a certificate of compliance or a supple- 52 mental certificate of compliance that was made in good faith and is 53 reasonable under the circumstances. Belated or missing disclosures shall 54 be cured by supplemental discovery pursuant to subdivisions one and two 55 of this section. If the party entitled to the belated or missing disclo- 56 sures shows that they have been prejudiced by the belated or non-disclo- 
 S. 3005 15 A. 3005 1 sure, the court shall grant an appropriate and proportionate remedy 2 pursuant to section 245.80 of this article. A certificate of compliance 3 or statement of readiness shall be invalidated only upon a showing that 4 no other remedy, pursuant to section 245.80 of this article, can suffi- 5 ciently cure any prejudice resulting from the belated or missing disclo- 6 sure. 7 § 5. Subdivision 2 of section 245.55 of the criminal procedure law, as 8 added by section 2 of part LLL of chapter 59 of the laws of 2019, is 9 amended to read as follows: 10 2. Provision of law enforcement agency files. Absent a court order or 11 a requirement that defense counsel obtain a security clearance mandated 12 by law or authorized government regulation, upon request by the prose- 13 cution, each New York state and local law enforcement agency shall make 14 available to the prosecution a complete copy of its complete records and 15 files [related] relevant to the investigation of the case or the prose- 16 cution of the defendant for compliance with this article. 17 § 6. Subdivision 3 of section 245.80 of the criminal procedure law, as 18 added by section 2 of part LLL of chapter 59 of the laws of 2019, is 19 amended to read as follows: 20 3. Consequences of non-disclosure of statement of testifying prose- 21 cution witness. The failure of the prosecutor or any agent of the prose- 22 cutor to disclose any written or recorded statement made by a prose- 23 cution witness which [relates] is relevant to the subject matter of the 24 witness's testimony shall not constitute grounds for any court to order 25 a new pre-trial hearing or set aside a conviction, or reverse, modify or 26 vacate a judgment of conviction, in the absence of a showing by the 27 defendant that there is a reasonable possibility that the non-disclosure 28 materially contributed to the result of the trial or other proceeding; 29 provided, however, that nothing in this section shall affect or limit 30 any right the defendant may have to a reopened pre-trial hearing when 31 such statements were disclosed before the close of evidence at trial. 32 § 7. Paragraph (a) of subdivision 4 of section 30.30 of the criminal 33 procedure law, as amended by section 1 of part KKK of chapter 59 of the 34 laws of 2019, is amended to read as follows: 35 (a) a reasonable period of delay resulting from other proceedings 36 concerning the defendant, including but not limited to: proceedings for 37 the determination of competency and the period during which defendant is 38 incompetent to stand trial; demand to produce; request for a bill of 39 particulars; pre-trial motions; appeals; trial of other charges; [and] 40 the period during which such matters are under consideration by the 41 court; and unless the defendant waives their right to file a challenge 42 to the people's discovery certificate of compliance pursuant to section 43 245.50 of this chapter, the period between the filing of the people's 44 certificate of compliance and the court's decision on the defendant's 45 challenge to the certificate of compliance; or 46 § 8. Subdivision 5 of section 30.30 of the criminal procedure law, as 47 amended by section 1 of part KKK of chapter 59 of the laws of 2019, is 48 amended to read as follows: 49 5. Whenever pursuant to this section a prosecutor states or otherwise 50 provides notice that the people are ready for trial, the court shall 51 make inquiry on the record as to their actual readiness. If, after 52 conducting its inquiry, the court determines that the people are not 53 ready to proceed to trial, the prosecutor's statement or notice of read- 54 iness shall not be valid for purposes of this section. Any statement of 55 trial readiness must be accompanied or preceded by a certification of 56 good faith compliance with the disclosure requirements of section 245.20 
 S. 3005 16 A. 3005 1 of this chapter and the defense shall be afforded an opportunity to be 2 heard on the record as to whether the disclosure requirements have been 3 met. The court may deem the people not ready for trial if it finds that 4 the people's certificate of compliance was invalid and the defense shows 5 that it was prejudiced as a result of the people's non-disclosure or 6 belated disclosure of discoverable material or information and no other 7 remedy, pursuant to section 245.80 of this chapter, sufficiently cures 8 the prejudice. This subdivision shall not apply to cases where the 9 defense has waived disclosure requirements. 10 § 9. This act shall take effect immediately and shall apply to all 11 criminal proceedings initiated on or before such date. 12 PART C 13 Section 1. Section 3 of the public officers law is amended by adding 14 a new subdivision 9-a to read as follows: 15 9-a. The provisions of this section requiring a person to be a resi- 16 dent of the state shall not apply to any person employed as a correction 17 officer trainee or correction officer who is employed at a state correc- 18 tional facility. 19 § 2. Subdivision e of section 381-b of the retirement and social 20 security law, as amended by chapter 97 of the laws of 2008, is amended 21 to read as follows: 22 e. Mandatory retirement. A member subject to the provisions of this 23 section shall be retired on December thirty-first of the year in which 24 [he or she] such member attains [sixty] sixty-three years of age. 25 Notwithstanding the foregoing, any member in service in the division 26 on August fifteenth, two thousand seven, and who on that date was enti- 27 tled to receive retirement benefits on the thirty-first day of December 28 in the year in which [he or she] such member attained fifty-seven years 29 of age as provided in paragraph three of subdivision b of this section, 30 may elect to retain such entitlement, provided the member remains in 31 service on the thirtieth day of December in the year in which [he or 32 she] such member attains fifty-seven years of age, and any member in 33 service in the division on August thirty-first, two thousand twenty- 34 five, and who on that date was entitled to receive retirement benefits 35 on the thirty-first day of December in the year in which such member 36 attained sixty years of age as provided in paragraph three of subdivi- 37 sion b of this section, may elect to retain such entitlement, provided 38 the member remains in service on the thirtieth day of December in the 39 year in which such member attains sixty years of age. The provisions of 40 this subdivision shall not apply to the superintendent. 41 § 3. Subdivision 3 of section 215 of the executive law, as amended by 42 chapter 478 of the laws of 2004, is amended to read as follows: 43 3. The sworn members of the New York state police shall be appointed 44 by the superintendent and permanent appointees may be removed by the 45 superintendent only after a hearing. No person shall be appointed to the 46 New York state police force as a sworn member unless [he or she] such 47 person shall be a citizen of the United States[, between the ages of 48 twenty-one and twenty-nine years except that in the superintendent's 49 discretion, the maximum age may be extended to thirty-five years. 50 Notwithstanding any other provision of law or any general or special law 51 to the contrary the time spent on military duty, not exceeding a total 52 of six years, shall be subtracted from the age of any applicant who has 53 passed his or her twenty-ninth birthday, solely for the purpose of 54 permitting qualification as to age and for no other purpose. Such limi- 
 S. 3005 17 A. 3005 1 tations as to age however shall not apply to persons appointed to the 2 positions of counsel, first assistant counsel, assistant counsel, and 3 assistant deputy superintendent for employee relations nor to any person 4 appointed to the bureau of criminal investigation pursuant to section 5 two hundred sixteen of this article nor shall any person] who is at 6 least twenty-one years of age. No person shall be appointed unless [he 7 or she] such person has fitness and good moral character and shall have 8 passed a physical and mental examination based upon standards provided 9 by the rules and regulations of the superintendent. Appointments shall 10 be made for a probationary period which, in the case of appointees 11 required to attend and complete a basic training program at the state 12 police academy, shall include such time spent attending the basic school 13 and terminate one year after successful completion thereof. All other 14 sworn members shall be subject to a probationary period of one year from 15 the date of appointment. Following satisfactory completion of the proba- 16 tionary period the member shall be a permanent appointee. Voluntary 17 resignation or withdrawal from the New York state police during such 18 appointment shall be submitted to the superintendent for approval. 19 Reasonable time shall be required to account for all equipment issued or 20 for debts or obligations to the state to be satisfied. Resignation or 21 withdrawal from the division during a time of emergency, so declared by 22 the governor, shall not be approved if contrary to the best interest of 23 the state and shall be a misdemeanor. No sworn member removed from the 24 New York state police shall be eligible for reappointment. The super- 25 intendent shall make rules and regulations subject to approval by the 26 governor for the discipline and control of the New York state police and 27 for the examination and qualifications of applicants for appointment as 28 members thereto and such examinations shall be held and conducted by the 29 superintendent subject to such rules and regulations. The superintendent 30 is authorized to charge a fee of twenty dollars as an application fee 31 for any person applying to take a competitive examination for the posi- 32 tion of trooper, and a fee of five dollars for any competitive examina- 33 tion for a civilian position. The superintendent shall promulgate regu- 34 lations subject to the approval of the director of the budget, to 35 provide for a waiver of the application fee when the fee would cause an 36 unreasonable hardship on the applicant and to establish a fee schedule 37 and charge fees for the use of state police facilities. 38 § 4. Section 58 of the civil service law, as amended by chapter 560 of 39 the laws of 1978, subdivisions 1 and 2 as amended by chapter 244 of the 40 laws of 2013, paragraphs (c) and (d) of subdivision 1 as amended by 41 section 16 and subdivision 5 as amended by section 17 of part BBB of 42 chapter 59 of the laws of 2021, subdivision 1-b as added by chapter 1016 43 of the laws of 1983, subdivision 1-c as added by chapter 840 of the laws 44 of 1985, subdivision 3 as amended by chapter 561 of the laws of 2015, 45 subdivision 4 as separately amended by chapters 375 and 397 of the laws 46 of 1990, paragraphs (a) and (b) of subdivision 4 as amended by chapter 47 561 of the laws of 2015, paragraph (c) of subdivision 4 as amended by 48 chapter 190 of the laws of 2008, subparagraphs (ii) and (iv) of para- 49 graph (c) of subdivision 4 as amended by section 58 of subpart B of part 50 C of chapter 62 of the laws of 2011 and subdivision 6 as added by chap- 51 ter 558 of the laws of 1979, is amended to read as follows: 52 § 58. Requirements for [provisional or permanent] appointment of 53 certain police officers. 1. Notwithstanding any other provision of this 54 law or any general, special or local law to the contrary, no person 55 shall be eligible for [provisional or permanent] appointment [in the 56 competitive class of the civil service] as a police officer of the 
 S. 3005 18 A. 3005 1 department of environmental conservation or of any police force or 2 police department of any county, city, town, village, housing authority 3 or police district unless [he or she] they shall satisfy the following 4 basic requirements: 5 (a) [he or she is] they are not less than twenty years of age as of 6 the date of appointment [nor more than thirty-five years of age as of 7 the date when the applicant takes the written examination, provided that 8 the maximum age requirement of thirty-five years of age as set forth in 9 this paragraph shall not apply to eligible lists finalized pursuant to 10 an examination administered prior to May thirty-first, nineteen hundred 11 ninety-nine or a police officer in the department of environmental 12 conservation, provided, however, that: 13 (i) time spent on military duty or on terminal leave, not exceeding a 14 total of six years, shall be subtracted from the age of any applicant 15 who has passed his or her thirty-fifth birthday as provided in subdivi- 16 sion ten-a of section two hundred forty-three of the military law; 17 (ii) such maximum age requirement of thirty-five years shall not apply 18 to any police officer as defined in subdivision thirty-four of section 19 1.20 of the criminal procedure law, who was continuously employed by the 20 Buffalo municipal housing authority between January first, two thousand 21 five and June thirtieth, two thousand five and who takes the next writ- 22 ten exam offered after the effective date of this subparagraph by the 23 city of Buffalo civil service commission for employment as a police 24 officer in the city of Buffalo police department, or June thirtieth, two 25 thousand six, whichever is later; and 26 (iii) such maximum age requirement of thirty-five years shall not 27 apply to any police officer of any county, town, city or village police 28 force not otherwise provided for in this section if the eligible list 29 has been exhausted and there are no other eligible candidates; provided, 30 however, the police officer themselves are on the eligible list of such 31 county, town, city or village and meet all other requirements of merit 32 and fitness set forth by this chapter and do not exceed the maximum age 33 of thirty-nine]; 34 (b) [he or she is] they are a high school graduate or a holder of a 35 high school equivalency diploma issued by an education department of any 36 of the states of the United States or a holder of a comparable diploma 37 issued by any commonwealth, territory or possession of the United States 38 or by the Canal Zone or a holder of a report from the United States 39 armed forces certifying [his or her] their successful completion of the 40 tests of general educational development, high school level; 41 (c) [he or she satisfies] they satisfy the height, weight, physical 42 and psychological fitness requirements prescribed by the municipal 43 police training council pursuant to the provisions of section eight 44 hundred forty of the executive law; and 45 (d) [he or she is] they are of good moral character as determined in 46 accordance with the background investigation standards of the municipal 47 police training council pursuant to the provisions of section eight 48 hundred forty of the executive law. 49 1-b. Notwithstanding the provisions of any other section of law, 50 general, special or local, in political subdivisions maintaining a 51 police department serving a population of one hundred fifty thousand or 52 less, no person shall be eligible for appointment nor shall [he or she] 53 they be appointed to any rank above the rank of police officer unless 54 [he or she has] they have been appointed a police officer from an eligi- 55 ble list established according to merit and fitness as provided by 
 S. 3005 19 A. 3005 1 section six of article five of the constitution of the state of New York 2 or has previously served as a member of the New York state police. 3 1-c. Notwithstanding the provisions of any other section of law, 4 general, special or local, any political subdivision maintaining a 5 police department serving a population of one hundred fifty thousand or 6 less and with positions for more than four full-time police officers, 7 shall maintain the office of chief of police. 8 2. The provisions of this section shall not prevent any county, city, 9 town, village, housing authority, transit authority, police district or 10 the department of environmental conservation from setting more restric- 11 tive requirements of eligibility for its police officers[, except the 12 maximum age to be a police officer as provided in paragraph (a) of 13 subdivision one of this section]. 14 3. As used in this section, the term "police officer" means a police 15 officer in the department of environmental conservation, the state 16 university police, a member of the regional state park police or a 17 police force, police department, or other organization of a county, 18 city, town, village, housing authority, transit authority or police 19 district, who is responsible for the prevention and detection of crime 20 and the enforcement of the general criminal laws of the state, but shall 21 not include any person serving as such solely by virtue of [his or her] 22 occupying any other office or position, nor shall such term include a 23 sheriff, under-sheriff, commissioner of police, deputy or assistant 24 commissioner of police, chief of police, deputy or assistant chief of 25 police or any person having an equivalent title who is appointed or 26 employed to exercise equivalent supervisory authority. 27 4. (a) [Any person who has received provisional or permanent appoint- 28 ment in the competitive class of the civil service as a police officer 29 of the regional state park police, the state university of New York 30 police, the department of environmental conservation or any police force 31 or police department of any county, city, town, village, housing author- 32 ity, transit authority or police district shall be eligible to resign 33 from any police force or police department, and to be appointed as a 34 police officer in the same or any other police force or police depart- 35 ment without satisfying the age requirements set forth in paragraph (a) 36 of subdivision one of this section at the time of such second or subse- 37 quent appointment, provided such second or subsequent appointment occurs 38 within thirty days of the date of resignation. 39 (b)] Any person who has received permanent appointment in the compet- 40 itive class of the civil service as a police officer of the regional 41 state park police, the state university of New York police, the depart- 42 ment of environmental conservation or any police force or police depart- 43 ment of any county, city, town, village, housing authority, transit 44 authority or police district shall be eligible to resign from any police 45 force or police department and, subject to such civil service rules as 46 may be applicable, shall be eligible for reinstatement in the same 47 police force or police department or in any other police force or police 48 department to which [he or she was] they were eligible for transfer, 49 without satisfying the age requirements set forth in paragraph (a) of 50 subdivision one of this section at the time of such reinstatement, 51 provided such reinstatement occurs within one year of the date of resig- 52 nation. 53 [(c)] (b) (i) Legislative findings and declaration. The legislature 54 hereby finds and declares that it is frequently impracticable to ascer- 55 tain fitness for the positions of detective and investigator within 56 various police or sheriffs departments around the state by means of a 
 S. 3005 20 A. 3005 1 competitive examination due to the unique nature of the duties assigned 2 and the intangible personal qualities needed to perform such duties. The 3 legislature further finds that competitive examination has never been 4 employed in many police, correction or sheriffs departments, to ascer- 5 tain fitness for the positions of detective and investigator within such 6 police, correction or sheriffs departments; such fitness has always been 7 determined by evaluation of the capabilities of an individual (who has 8 in any case received permanent appointment to the position of police 9 officer, correction officer of any rank or deputy sheriff) by superviso- 10 ry personnel. The legislature further finds that an individual who 11 performs in an investigatory position in a manner sufficiently satisfac- 12 tory to the appropriate supervisors to hold such an assignment for a 13 period of eighteen months, has demonstrated fitness for the position of 14 detective or investigator within such police, correction or sheriffs 15 department at least as sufficiently as could be ascertained by means of 16 a competitive examination. 17 (ii) Notwithstanding any other provision of law, in any jurisdiction, 18 other than a city with a population of one million or more or the state 19 department of corrections and community supervision, which does not 20 administer examinations for designation to detective or investigator, 21 any person who has received permanent appointment to the position of 22 police officer, correction officer of any rank or deputy sheriff and is 23 temporarily assigned to perform the duties of detective or investigator 24 shall, whenever such assignment to the duties of a detective or investi- 25 gator exceeds eighteen months, be permanently designated as a detective 26 or investigator and receive the compensation ordinarily paid to persons 27 in such designation. 28 (iii) Nothing contained in subparagraph (ii) of this paragraph shall 29 be construed to limit any jurisdiction's ability to administer examina- 30 tions for appointment to the positions of detective and investigator, 31 provided however that any person temporarily assigned to perform the 32 duties of detective or investigator within the period commencing Septem- 33 ber twenty-third, nineteen hundred ninety-three through and including 34 the date upon which this paragraph shall have become a law and who has 35 not been designated as a detective or investigator and who has not been 36 subject to an examination for which there is a certified eligible list, 37 shall be permanently designated as a detective or investigator whenever 38 such assignment to the duties of detective or investigator exceeds eigh- 39 teen months. 40 (iv) Detectives and investigators designated since September twenty- 41 third, nineteen hundred ninety and prior to February twenty-fourth, 42 nineteen hundred ninety-five by any state, county, town, village or city 43 (other than a city with a population of one million or more or the state 44 department of corrections and community supervision) police, correction 45 or sheriffs department, pursuant to the provisions of this paragraph in 46 effect during such period, who continue to serve in such positions, 47 shall retain their detective or investigator status without any right to 48 retroactive financial entitlement. 49 5. The provisions of this section shall not apply to the investigatory 50 personnel of the office of the district attorney in any county, includ- 51 ing any county within the city of New York. 52 6. The provisions of this section shall not apply to any individual 53 holding the position of deputy sheriff in Westchester county prior to 54 July first, nineteen hundred seventy-nine upon the transfer of such 55 individual to service in the Westchester county department of public 56 safety services. 
 S. 3005 21 A. 3005 1 § 5. This act shall take effect September 1, 2025. 2 PART D 3 Section 1. The penal law is amended by adding a new section 120.65 to 4 read as follows: 5 § 120.65 Domestic violence. 6 A person is guilty of domestic violence when such person: 7 1. commits a serious offense as defined in paragraph (c) of subdivi- 8 sion seventeen of section 265.00 of this part and the person against 9 whom the offense is committed is a member of the same family or house- 10 hold as defined in subdivision one of section 530.11 of the criminal 11 procedure law; or 12 2. commits the crime of assault in the third degree as defined in 13 subdivisions one and two of section 120.00 of this article, or criminal 14 obstruction of breathing or blood circulation as defined in section 15 121.11 of this title, forcible touching as defined in section 130.52 of 16 this title, or sexual abuse in the second degree as defined in section 17 130.60 of this title, or sexual abuse in the third degree as defined in 18 section 130.55 of this title, or unlawful imprisonment in the second 19 degree as defined in section 135.05 of this title and the person against 20 whom the offense is committed is a current or former spouse, parent, or 21 guardian of the defendant, a person with whom the defendant shares a 22 child in common, a person who is cohabiting with or has cohabited with 23 the defendant as a spouse, parent, or guardian, or a person similarly 24 situated to a spouse, parent, or guardian of the defendant. 25 Domestic violence is a class A misdemeanor. 26 § 2. Subdivision 17 of section 265.00 of the penal law is amended by 27 adding a new paragraph (d) to read as follows: 28 (d) domestic violence as defined by subdivision one of section 120.65 29 of the penal law. 30 § 3. This act shall take effect on the one hundred eightieth day after 31 it shall have become a law. 32 PART E 33 Section 1. Subparagraph (iv) of paragraph (d) of subdivision 1 of 34 section 803 of the correction law, as separately amended by chapters 242 35 and 322 of the laws of 2021, is amended to read as follows: 36 (iv) Such merit time allowance may be granted when an incarcerated 37 individual successfully participates in the work and treatment program 38 assigned pursuant to section eight hundred five of this article and when 39 such incarcerated individual obtains a general equivalency diploma, an 40 alcohol and substance abuse treatment certificate, a vocational trade 41 certificate following at least six months of vocational programming, at 42 least eighteen credits in a program registered by the state education 43 department from a degree-granting higher education institution or 44 performs at least four hundred hours of service as part of a community 45 work crew. The commissioner may designate additional programs and 46 achievements for which merit time may be granted. 47 Such allowance shall be withheld for any serious disciplinary infrac- 48 tion or upon a judicial determination that the person, while an incar- 49 cerated individual, commenced or continued a civil action, proceeding or 50 claim that was found to be frivolous as defined in subdivision (c) of 51 section eight thousand three hundred three-a of the civil practice law 52 and rules, or an order of a federal court pursuant to rule 11 of the 
 S. 3005 22 A. 3005 1 federal rules of civil procedure imposing sanctions in an action 2 commenced by a person, while an incarcerated individual, against a state 3 agency, officer or employee. 4 § 2. Subparagraph (xii) of paragraph (c) of subdivision 1 of section 5 803-b of the correction law, as amended by chapter 322 of the laws of 6 2021, is amended and a new subparagraph (xiii) is added to read as 7 follows: 8 (xii) receives a certificate from the food production center in an 9 assigned position following the completion of no less than eight hundred 10 hours of work in such position, and continues to work for an additional 11 eighteen months at the food production center[.]; or 12 (xiii) successfully completes a program of not less than eighteen 13 months as established by the commissioner. 14 § 3. This act shall take effect on the one hundred twentieth day 15 after it shall have become a law and shall apply to offenses committed 16 prior to, on or after the effective date of this act; provided that the 17 amendments to section 803 of the correction law made by section one of 18 this act shall be subject to the expiration and reversion of such 19 section pursuant to subdivision d of section 74 of chapter 3 of the laws 20 of 1995, as amended. 21 PART F 22 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the 23 criminal procedure law, as amended by chapter 315 of the laws of 2019, 24 is amended to read as follows: 25 (a) A prosecution for a class A felony, or rape in the first degree as 26 defined in section 130.35 of the penal law, or a crime defined or 27 formerly defined in section 130.50 of the penal law, or aggravated sexu- 28 al abuse in the first degree as defined in section 130.70 of the penal 29 law, or course of sexual conduct against a child in the first degree as 30 defined in section 130.75 of the penal law, or sex trafficking as 31 defined in section 230.34 of the penal law, or sex trafficking of a 32 child as defined in section 230.34-a of the penal law, or incest in the 33 first degree as defined in section 255.27 of the penal law may be 34 commenced at any time; 35 § 2. Subdivision (b) of section 208 of the civil practice law and 36 rules, as added by chapter 11 of the laws of 2019, is amended to read as 37 follows: 38 (b) Notwithstanding any provision of law which imposes a period of 39 limitation to the contrary and the provisions of any other law pertain- 40 ing to the filing of a notice of claim or a notice of intention to file 41 a claim as a condition precedent to commencement of an action or special 42 proceeding, with respect to all civil claims or causes of action brought 43 by any person for physical, psychological or other injury or condition 44 suffered by such person as a result of conduct which would constitute a 45 sexual offense as defined in article one hundred thirty of the penal law 46 committed against such person who was less than eighteen years of age, 47 sex trafficking as defined in section 230.34 of the penal law committed 48 against such person who was less than eighteen years of age, sex traf- 49 ficking of a child as defined in section 230.34-a of the penal law, 50 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 51 committed against such person who was less than eighteen years of age, 52 or the use of such person in a sexual performance as defined in section 53 263.05 of the penal law, or a predecessor statute that prohibited such 54 conduct at the time of the act, which conduct was committed against such 
 S. 3005 23 A. 3005 1 person who was less than eighteen years of age, such action may be 2 commenced, against any party whose intentional or negligent acts or 3 omissions are alleged to have resulted in the commission of said 4 conduct, on or before the plaintiff or infant plaintiff reaches the age 5 of fifty-five years. In any such claim or action, in addition to any 6 other defense and affirmative defense that may be available in accord- 7 ance with law, rule or the common law, to the extent that the acts 8 alleged in such action are of the type described in subdivision one of 9 section 130.30 of the penal law or formerly defined in subdivision one 10 of section 130.45 of the penal law, the affirmative defenses set forth, 11 respectively, in the closing paragraph of such sections of the penal law 12 shall apply. 13 § 3. Section 213-c of the civil practice law and rules, as amended by 14 chapter 23 of the laws of 2024, is amended to read as follows: 15 § 213-c. Action by victim of conduct constituting certain sexual 16 offenses. Notwithstanding any other limitation set forth in this arti- 17 cle, except as provided in subdivision (b) of section two hundred eight 18 of this article, all civil claims or causes of action brought by any 19 person for physical, psychological or other injury or condition suffered 20 by such person as a result of conduct which would constitute rape in the 21 first degree as defined in section 130.35 of the penal law, or rape in 22 the second degree as defined in subdivision four, five or six of section 23 130.30 of the penal law, or rape in the second degree as defined in 24 former subdivision two of section 130.30 of the penal law, or rape in 25 the third degree as defined in subdivision one, two, three, seven, eight 26 or nine of section 130.25 of the penal law, or a crime formerly defined 27 in section 130.50 of the penal law, or a crime formerly defined in 28 subdivision two of section 130.45 of the penal law, or a crime formerly 29 defined in subdivision one or three of section 130.40 of the penal law, 30 or incest in the first degree as defined in section 255.27 of the penal 31 law, or incest in the second degree as defined in section 255.26 of the 32 penal law (where the crime committed is rape in the second degree as 33 defined in subdivision four, five or six of section 130.30 of the penal 34 law, or rape in the second degree as formerly defined in subdivision two 35 of section 130.30 of the penal law, or a crime formerly defined in 36 subdivision two of section 130.45 of the penal law), or aggravated sexu- 37 al abuse in the first degree as defined in section 130.70 of the penal 38 law, or course of sexual conduct against a child in the first degree as 39 defined in section 130.75 of the penal law, or sex trafficking as 40 defined in section 230.34 of the penal law, or sex trafficking of a 41 child as defined in section 230.34-a of the penal law may be brought 42 against any party whose intentional or negligent acts or omissions are 43 alleged to have resulted in the commission of the said conduct, within 44 twenty years. Nothing in this section shall be construed to require that 45 a criminal charge be brought or a criminal conviction be obtained as a 46 condition of bringing a civil cause of action or receiving a civil judg- 47 ment pursuant to this section or be construed to require that any of the 48 rules governing a criminal proceeding be applicable to any such civil 49 action. 50 § 4. Paragraph (b) of subdivision 8 of section 50-e of the general 51 municipal law, as amended by chapter 153 of the laws of 2024, is amended 52 to read as follows: 53 (b) This section shall not apply to: (i) any claim made for physical, 54 psychological, or other injury or condition suffered as a result of 55 conduct which would constitute a sexual offense as defined in article 56 one hundred thirty of the penal law committed against a child less than 
 S. 3005 24 A. 3005 1 eighteen years of age, sex trafficking as defined in section 230.34 of 2 the penal law committed against a child less than eighteen years of age, 3 sex trafficking of a child as defined in section 230.34-a of the penal 4 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 5 law committed against a child less than eighteen years of age, or the 6 use of a child in a sexual performance as defined in section 263.05 of 7 the penal law committed against a child less than eighteen years of age; 8 or 9 (ii) any civil claim or cause of action revived pursuant to section 10 two hundred fourteen-j of the civil practice law and rules. 11 § 5. Subdivision 5 of section 50-i of the general municipal law, as 12 added by chapter 11 of the laws of 2019, is amended to read as follows: 13 5. Notwithstanding any provision of law to the contrary, this section 14 shall not apply to any claim made against a city, county, town, village, 15 fire district or school district for physical, psychological, or other 16 injury or condition suffered as a result of conduct which would consti- 17 tute a sexual offense as defined in article one hundred thirty of the 18 penal law committed against a child less than eighteen years of age, sex 19 trafficking as defined in section 230.34 of the penal law committed 20 against a child less than eighteen years of age, sex trafficking of a 21 child as defined in section 230.34-a of the penal law, incest as defined 22 in section 255.27, 255.26 or 255.25 of the penal law committed against a 23 child less than eighteen years of age, or the use of a child in a sexual 24 performance as defined in section 263.05 of the penal law committed 25 against a child less than eighteen years of age. 26 § 6. Subdivision 10 of section 10 of the court of claims act, as 27 amended by chapter 153 of the laws of 2024, is amended to read as 28 follows: 29 10. Notwithstanding any provision of law to the contrary, this section 30 shall not apply to: (i) any claim to recover damages for physical, 31 psychological, or other injury or condition suffered as a result of 32 conduct which would constitute a sexual offense as defined in article 33 one hundred thirty of the penal law committed against a child less than 34 eighteen years of age, sex trafficking as defined in section 230.34 of 35 the penal law committed against a child less than eighteen years of age, 36 sex trafficking of a child as defined in section 230.34-a of the penal 37 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 38 law committed against a child less than eighteen years of age, or the 39 use of a child in a sexual performance as defined in section 263.05 of 40 the penal law committed against a child less than eighteen years of age; 41 or 42 (ii) any civil claim or cause of action revived pursuant to section 43 two hundred fourteen-j of the civil practice law and rules. 44 § 7. Subdivision 2 of section 3813 of the education law, as amended by 45 chapter 153 of the laws of 2024, is amended to read as follows. 46 2. Notwithstanding anything to the contrary hereinbefore contained in 47 this section, no action or special proceeding founded upon tort shall be 48 prosecuted or maintained against any of the parties named in this 49 section or against any teacher or member of the supervisory or adminis- 50 trative staff or employee where the alleged tort was committed by such 51 teacher or member or employee acting in the discharge of [his] their 52 duties within the scope of [his] their employment and/or under the 53 direction of the board of education, trustee or trustees, or governing 54 body of the school unless a notice of claim shall have been made and 55 served in compliance with section fifty-e of the general municipal law. 56 Every such action shall be commenced pursuant to the provisions of 
 S. 3005 25 A. 3005 1 section fifty-i of the general municipal law; provided, however, that 2 this section shall not apply to: (i) any claim to recover damages for 3 physical, psychological, or other injury or condition suffered as a 4 result of conduct which would constitute a sexual offense as defined in 5 article one hundred thirty of the penal law committed against a child 6 less than eighteen years of age, sex trafficking as defined in section 7 230.34 of the penal law committed against a child less than eighteen 8 years of age, sex trafficking of a child as defined in section 230.34-a 9 of the penal law, incest as defined in section 255.27, 255.26 or 255.25 10 of the penal law committed against a child less than eighteen years of 11 age, or the use of a child in a sexual performance as defined in section 12 263.05 of the penal law committed against a child less than eighteen 13 years of age; or 14 (ii) any civil claim or cause of action revived pursuant to section 15 two hundred fourteen-j of the civil practice law and rules. 16 § 8. Severability. If any clause, sentence, paragraph, section or part 17 of this act shall be adjudged by any court of competent jurisdiction to 18 be invalid and after exhaustion of all further judicial review, the 19 judgment shall not affect, impair or invalidate the remainder thereof, 20 but shall be confined in its operation to the clause, sentence, para- 21 graph, section or part of this act directly involved in the controversy 22 in which the judgment shall have been rendered. 23 § 9. This act shall take effect immediately and shall apply to acts or 24 omissions occurring on or after such effective date and to acts or omis- 25 sions occurring prior to such effective date where the applicable stat- 26 ute of limitations in effect on the date of such act or omission has not 27 yet expired. 28 PART G 29 Section 1. Paragraphs (i), (j) and (k) of subdivision 1 of section 624 30 of the executive law, paragraph (i) as amended by section 9 of part A-1 31 of chapter 56 of the laws of 2010, paragraph (j) as amended by chapter 32 427 of the laws of 1999, paragraph (k) as amended by chapter 117 of the 33 laws of 2017, are amended and a new paragraph (l) is added to read as 34 follows: 35 (i) a surviving spouse of a crime victim who died from causes not 36 directly related to the crime when such victim died prior to filing a 37 claim with the office or subsequent to filing a claim but prior to the 38 rendering of a decision by the office. Such award shall be limited to 39 out-of-pocket loss incurred as a direct result of the crime; [and] 40 (j) a spouse, child or stepchild of a victim of a crime who has 41 sustained personal physical injury as a direct result of a crime[.]; 42 (k) a surviving spouse, grandparent, parent, stepparent, guardian, 43 [brother, sister, stepbrother, stepsister,] sibling, stepsibling, child, 44 stepchild, or grandchild of a victim of a crime who died as a direct 45 result of such crime and where such crime occurred in the residence 46 shared by such family member or members and the victim[.]; and 47 (l) any person not otherwise eligible under this subdivision who has 48 paid for or incurred the crime scene cleanup expenses, provided that 49 such person shall only be eligible to receive an award under this arti- 50 cle for crime scene cleanup. 51 § 2. Subdivisions 2, 5, 9 and 18 of section 631 of the executive law, 52 subdivision 2 as amended by chapter 233 of the laws of 2020, subdivision 53 5 as amended by section 22 of part A-1 of chapter 56 of the laws of 54 2010, paragraph (e) of subdivision 5 as amended by chapter 70 of the 
 S. 3005 26 A. 3005 1 laws of 2020, paragraph (f) of subdivision 5 as added by section 5 of 2 part H of chapter 55 of the laws of 2017, paragraph (g) of subdivision 5 3 as added by chapter 494 of the laws of 2018, subdivision 9 as amended by 4 section 1 of part I of chapter 55 of the laws of 2022, and subdivision 5 18 as added by chapter 119 of the laws of 2013, are amended to read as 6 follows: 7 2. Any award made pursuant to this article shall be in an amount not 8 exceeding out-of-pocket expenses, including indebtedness reasonably 9 incurred for medical or other services necessary as a result of the 10 injury upon which the claim is based; loss of earnings or support 11 resulting from such injury not to exceed thirty thousand dollars; loss 12 of savings not to exceed thirty thousand dollars; burial expenses not 13 exceeding [six] twelve thousand dollars of a victim who died on or after 14 November first, nineteen ninety-six as a direct result of a crime; the 15 costs of crime scene cleanup and securing of a crime scene not exceeding 16 twenty-five hundred dollars; reasonable relocation expenses not exceed- 17 ing twenty-five hundred dollars; reasonable employment-related transpor- 18 tation expenses, not exceeding twenty-five hundred dollars and the unre- 19 imbursed cost of repair or replacement of articles of essential personal 20 property lost, damaged or destroyed as a direct result of the crime. An 21 award for loss of earnings shall include earnings lost by a parent or 22 guardian as a result of the hospitalization of a child victim under age 23 eighteen for injuries sustained as a direct result of a crime. In addi- 24 tion to the medical or other services necessary as a result of the inju- 25 ry upon which the claim is based, an award may be made for rehabilita- 26 tive occupational training for the purpose of job retraining or similar 27 employment-oriented rehabilitative services based upon the claimant's 28 medical and employment history. For the purpose of this subdivision, 29 rehabilitative occupational training shall include but not be limited to 30 educational training and expenses. An award for rehabilitative occupa- 31 tional training may be made to a victim, or to a family member of a 32 victim where necessary as a direct result of a crime. An award for 33 employment-related transportation expenses shall be limited to the time 34 period necessary due to the personal physical injuries sustained as a 35 direct result of the crime upon which the claim is based, as determined 36 by the medical information collected during the investigation of the 37 claim. 38 5. (a) [In] Except as provided in paragraph (g) of this subdivision, 39 in determining the amount of an award, the office shall determine wheth- 40 er, because of [his] such victim's conduct, the victim of such crime 41 contributed to the infliction of [his] such victim's injury, and the 42 office shall reduce the amount of the award or reject the claim alto- 43 gether, in accordance with such determination. 44 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 45 sion, the office shall disregard for this purpose the responsibility of 46 the victim for [his] such victim's own injury where the record shows 47 that the person injured was acting as a good samaritan, as defined in 48 this article. 49 (c) Notwithstanding any inconsistent provision of this article, where 50 the person injured acted as a good samaritan, the office may, without 51 regard to the financial difficulty of the claimant, make an award for 52 out-of-pocket losses. Such award may also include compensation for any 53 loss of property up to five thousand dollars suffered by the victim 54 during the course of [his] such victim's actions as a good samaritan. 55 (d) Notwithstanding any inconsistent provision of this article, where 56 a person acted as a good samaritan, and was killed as a direct result of 
 S. 3005 27 A. 3005 1 the crime, the office may, without regard to the financial difficulty of 2 the claimant, make a lump sum award to such claimant for actual loss of 3 support not to exceed thirty thousand dollars. 4 (e) Notwithstanding any inconsistent provision of this article, where 5 a police officer or firefighter, both paid and volunteer, dies from 6 injuries received in the line of duty as a direct result of a crime, the 7 office may, without regard to the financial difficulty of the claimant, 8 make an award for the unreimbursed counseling expenses of the eligible 9 spouse, domestic partner, parents, [brothers, sisters] siblings or chil- 10 dren of such victim, and/or the reasonable burial expenses incurred by 11 the claimant. 12 (f) Notwithstanding the provisions of paragraph (a) of this subdivi- 13 sion, the office shall disregard for this purpose the responsibility of 14 the victim for [his or her] such victim's own loss of savings. 15 (g) Notwithstanding the provisions of paragraph (a) of this subdivi- 16 sion, when determining a claim made by a person eligible under paragraph 17 (b), (c) or (d) of subdivision one of section six hundred twenty-four of 18 this article, if the crime upon which the claim is based resulted in the 19 death of the victim, the office shall [determine] not consider whether, 20 because of [his or her] their conduct, the victim of such crime contrib- 21 uted to [the infliction of his or her injury, and the office may reduce 22 the amount of the award by no more than fifty percent, in accordance 23 with such determination] their death. 24 9. (a) Any award made for the cost of repair or replacement of essen- 25 tial personal property, including cash losses of essential personal 26 property, shall be limited to an amount of twenty-five hundred dollars, 27 except that all cash losses of essential personal property shall be 28 limited to the amount of one hundred dollars. In the case of medically 29 necessary life-sustaining equipment which was lost or damaged as the 30 direct result of a crime, the award shall be limited to the amount of 31 ten thousand dollars. 32 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 33 sion, in the case of cash losses which were the result of an act or 34 series of acts of larceny as defined in article one hundred fifty-five 35 of the penal law, perpetrated by the same actor indicated by a report or 36 reports obtained from a criminal justice agency as defined in subdivi- 37 sion one of this section, and a receipt, receipts or similar documenta- 38 tion is provided showing such cash loss or losses, a single claim may be 39 filed and an award may be made for cash losses of essential personal 40 property for each act up to a cumulative amount of no more than twenty- 41 five hundred dollars. 42 18. Notwithstanding any inconsistent provision of this article and 43 subject to any applicable maximum award limitations contained in this 44 section, where a victim has died as a direct result of the crime upon 45 which the claim is based and the crime occurred in the residence of a 46 person eligible pursuant to [paragraph] paragraphs (k) and (l) of subdi- 47 vision one of section six hundred twenty-four of this article, the 48 office may make no more than one award for crime scene clean-up related 49 to such residence. 50 § 3. Subdivision 10 of section 621 of the executive law, as added by 51 chapter 688 of the laws of 1985, is amended to read as follows: 52 10. "Disabled victim" shall mean a person who has [(a)] a physical, 53 mental or medical impairment [from anatomical, physiological or neuro- 54 logical conditions], as evidenced by medical records, which prevents the 55 exercise of a normal bodily function [or is demonstrable by medically 56 accepted clinical or laboratory diagnostic techniques or (b) a record of 
 S. 3005 28 A. 3005 1 such an impairment or (c) a condition regarded by others as such an 2 impairment] at the time of the crime. 3 § 4. Subdivision 2 of section 630 of the executive law, as amended by 4 chapter 494 of the laws of 2018, is amended to read as follows: 5 2. Notwithstanding the provisions of subdivision one of this section, 6 if the crime upon which the claim is based resulted in the death of the 7 victim, and it appears to the office that such claim is one with respect 8 to which an award probably will be made, and undue hardship will result 9 to the claimant if immediate payment is not made, the office may make 10 one or more emergency awards to the claimant for reasonable burial 11 expenses pending a final decision of the office or payment of an award 12 in the case; provided, however, that the total amount of an emergency 13 award or awards for reasonable burial expenses shall not exceed [three] 14 six thousand dollars. The amount of such emergency award or awards shall 15 be deducted from any final award made to the claimant, and the excess of 16 the amount of any such award or awards over the amount of the final 17 award, of the full amount of an emergency award or awards if no final 18 award is made, shall be repaid by the claimant to the office. 19 § 5. This act shall take effect on the one hundred eightieth day after 20 it shall have become a law and shall apply to all claims filed on or 21 after such effective date. 22 PART H 23 Section 1. Subdivision 13 of section 631 of the executive law, as 24 amended by section 3 of subpart S of part XX of chapter 55 of the laws 25 of 2020, is amended to read as follows: 26 13. (a) Notwithstanding any other provision of law, rule, or regu- 27 lation to the contrary, when any New York state accredited hospital, 28 accredited sexual assault examiner program, or licensed health care 29 provider furnishes services to any sexual assault survivor, including 30 but not limited to a health care forensic examination in accordance with 31 the sex offense evidence collection protocol and standards established 32 by the department of health, such hospital, sexual assault examiner 33 program, or licensed healthcare provider shall provide such services to 34 the person without charge and shall bill the office directly. The 35 office, in consultation with the department of health, shall define the 36 specific services to be covered by the sexual assault forensic exam 37 reimbursement fee, which must include at a minimum forensic examiner 38 services, hospital or healthcare facility services related to the exam, 39 and any necessary related laboratory tests or pharmaceuticals based upon 40 the department of health's Medicaid reimbursement rates; including but 41 not limited to HIV post-exposure prophylaxis provided by a hospital 42 emergency room at the time of the forensic rape examination pursuant to 43 paragraph (c) of subdivision one of section twenty-eight hundred five-i 44 of the public health law. [For a person eighteen years of age or older, 45 follow-up HIV post-exposure prophylaxis costs shall continue to be reim- 46 bursed according to established office procedure.] The office, in 47 consultation with the department of health, shall also generate the 48 necessary [regulations and] forms for the direct reimbursement procedure 49 and regulations setting the usual and customary rates for the itemized 50 charges related to an exam of a sexual assault survivor. 51 (b) The rate for reimbursement shall be the amount of itemized charg- 52 es, to be reimbursed at the [Medicaid rate and] usual and customary 53 rates as established pursuant to this subdivision and which shall 54 cumulatively not exceed (1) eight hundred dollars for an exam of a sexu- 
 S. 3005 29 A. 3005 1 al assault survivor where no sexual offense evidence collection kit is 2 used; (2) one thousand two hundred dollars for an exam of a sexual 3 assault survivor where a sexual offense evidence collection kit is used; 4 and (3) [one thousand five hundred dollars for an exam of a sexual 5 assault survivor who is eighteen years of age or older, with or without 6 the use of a sexual offense evidence collection kit, and with the 7 provision of a necessary HIV post-exposure prophylaxis seven day starter 8 pack; and (4)] two thousand five hundred dollars for an exam of a sexual 9 assault survivor [who is less than eighteen years of age], with or with- 10 out the use of a sexual offense evidence collection kit, and with the 11 provision of the full regimen of necessary HIV post-exposure prophylax- 12 is. The hospital, sexual assault examiner program, or licensed health 13 care provider must accept this fee as payment in full for these speci- 14 fied services. No additional billing of the survivor for said services 15 is permissible. A sexual assault survivor may voluntarily assign any 16 private insurance benefits to which [she or he is] they are entitled for 17 the healthcare forensic examination, in which case the hospital or 18 healthcare provider may not charge the office; provided, however, in the 19 event the sexual assault survivor assigns any private health insurance 20 benefit, such coverage shall not be subject to annual deductibles or 21 coinsurance or balance billing by the hospital, sexual assault examiner 22 program or licensed health care provider. A hospital, sexual assault 23 examiner program or licensed health care provider shall, at the time of 24 the initial visit, request assignment of any private health insurance 25 benefits to which the sexual assault survivor is entitled on a form 26 prescribed by the office; provided, however, such sexual assault survi- 27 vor shall be advised orally and in writing that [he or she] they may 28 decline to provide such information regarding private health insurance 29 benefits if [he or she believes] they believe that the provision of such 30 information would substantially interfere with [his or her] their 31 personal privacy or safety and in such event, the sexual assault foren- 32 sic exam fee shall be paid by the office. Such sexual assault survivor 33 shall also be advised that providing such information may provide addi- 34 tional resources to pay for services to other sexual assault victims. 35 Such sexual assault survivor shall also be advised that the direct 36 reimbursement program established by this subdivision does not automat- 37 ically make them eligible for any other compensation benefits available 38 from the office including, but not limited to, reimbursement for mental 39 health counseling expenses, relocation expenses, and loss of earnings, 40 and that such compensation benefits may only be made available to them 41 should the sexual assault survivor or other person eligible to file 42 pursuant to section six hundred twenty-four of this article, file a 43 compensation application with the office. If [he or she] such sexual 44 assault survivor declines to provide such health insurance information, 45 [he or she] they shall indicate such decision on the form provided by 46 the hospital, sexual assault examiner program or licensed health care 47 provider, which form shall be prescribed by the office. 48 § 2. Paragraph (c) of subdivision 1 of section 2805-i of the public 49 health law, as amended by section 1 of subpart S of part XX of chapter 50 55 of the laws of 2020, is amended to read as follows: 51 (c) offering and making available appropriate HIV post-exposure treat- 52 ment therapies; including [a seven day starter pack of HIV post-exposure 53 prophylaxis for a person eighteen years of age or older, or] the full 54 regimen of HIV post-exposure prophylaxis [for a person less than eigh- 55 teen years of age,] in cases where it has been determined, in accordance 56 with guidelines issued by the commissioner, that a significant exposure 
 S. 3005 30 A. 3005 1 to HIV has occurred, and informing the victim that payment assistance 2 for such therapies and other crime related expenses may be available 3 from the office of victim services pursuant to the provisions of article 4 twenty-two of the executive law. With the consent of the victim of a 5 sexual assault, the hospital emergency room department shall provide or 6 arrange for an appointment for medical follow-up related to HIV post-ex- 7 posure prophylaxis and other care as appropriate; and 8 § 3. This act shall take effect on the two hundred seventieth day 9 after it shall have become a law and apply to all exams performed on or 10 after such effective date. Effective immediately, the addition, amend- 11 ment and/or repeal of any rule or regulation necessary for the implemen- 12 tation of this act on its effective date are authorized to be made and 13 completed on or before such effective date. 14 PART I 15 Section 1. Subdivision 4 of section 349-a of the social services law 16 is REPEALED. 17 § 2. Subdivision 5 of section 349-a of the social services law, as 18 added by section 36 of part B of chapter 436 of the laws of 1997, is 19 amended to read as follows: 20 [5. Upon a determination that the individual's allegation is credible] 21 4. Following referral to a domestic violence liaison, (a) the individual 22 shall be informed by the domestic violence liaison of services, which 23 shall be available on a voluntary basis; and (b) the domestic violence 24 liaison shall conduct an assessment to determine if and to what extent 25 domestic violence is a barrier to the individual's compliance with 26 public assistance requirements or to employment and such assessment 27 shall be based upon an attestation or the relevant information and 28 corroborating evidence provided by the individual alleging such abuse; 29 and (c) the domestic violence liaison shall [assess the need for] grant 30 any appropriate waivers of such program requirements based on such 31 assessment. Such waivers shall, to the extent permitted by federal law, 32 include, but not be limited to, residency requirements, child support 33 cooperation requirements and employment and training requirements; 34 provided, however, that exemptions from the sixty month limit on receipt 35 of benefits under the federal temporary assistance to needy families 36 block grant program shall be available only when the individual would 37 not be required to participate in work or training activities because of 38 an independently verified physical or mental impairment resulting from 39 domestic violence, anticipated to last for three months or longer, or if 40 the individual is unable to work because of the need to care for a 41 dependent child who is disabled as a result of domestic violence. 42 Provided, however, that pursuant to section one hundred forty-two of the 43 welfare reform act of 1997 victims of domestic violence may be exempted 44 from the application of subdivision two of section three hundred forty- 45 nine of this article on the basis of hardship. 46 § 3. Subdivisions 6 and 7 of section 349-a of the social services law 47 are renumbered subdivisions 5 and 6 and a new subdivision 7 is added to 48 read as follows: 49 7. When used in this section, the term statewide domestic violence 50 advocacy groups shall mean an organization designated by the federal 51 department of health and human services to coordinate statewide improve- 52 ments within local communities, social services systems, and programming 53 regarding the prevention and intervention of domestic violence in New 54 York state. 
 S. 3005 31 A. 3005 1 § 4. This act shall take effect on the two hundred seventieth day 2 after it shall have become a law. 3 PART J 4 Section 1. The state finance law is amended by adding a new section 5 139-m to read as follows: 6 § 139-m. Statement on gender-based violence and the workplace, in 7 bids. 1. (a) Every bid hereafter made to the state or any public depart- 8 ment or agency thereof, where competitive bidding is required by stat- 9 ute, rule or regulation, for work or services performed or to be 10 performed or goods sold or to be sold, shall contain the following 11 statement subscribed by the bidder and affirmed by such bidder as true 12 under the penalty of perjury: 13 "By submission of this bid, each bidder and each person signing on 14 behalf of any bidder certifies, and in the case of a joint bid each 15 party thereto certifies as to its own organization, under penalty of 16 perjury, that the bidder has and has implemented a written policy 17 addressing gender-based violence and the workplace and has provided such 18 policy to all of its employees, directors and board members. Such policy 19 shall, at a minimum, meet the requirements of subdivision 11 of section 20 five hundred seventy-five of the executive law." 21 (b) Every bid hereafter made to the state or any public department or 22 agency thereof, where competitive bidding is not required by statute, 23 rule or regulation, for work or services performed or to be performed or 24 goods sold or to be sold, may contain, at the discretion of the depart- 25 ment, agency or official, the certification required pursuant to para- 26 graph (a) of this subdivision. 27 2. Notwithstanding the foregoing, the statement required by paragraph 28 (a) of subdivision one of this section may be submitted electronically 29 in accordance with the provisions of subdivision seven of section one 30 hundred sixty-three of this chapter. 31 3. A bid shall not be considered for award, nor shall any award be 32 made to a bidder who has not complied with subdivision one of this 33 section; provided, however, that if the bidder cannot make the foregoing 34 certification, such bidder shall so state and shall furnish with the bid 35 a signed statement which sets forth in detail the reasons therefor. 36 4. Any bid hereafter made to the state or any public department, agen- 37 cy or official thereof, by a corporate bidder for work or services 38 performed or to be performed or goods sold or to be sold, where such bid 39 contains the statement required by subdivision one of this section, 40 shall be deemed to have been authorized by the board of directors of 41 such bidder, and such authorization shall be deemed to include the sign- 42 ing and submission of such bid and the inclusion therein of such state- 43 ment as the act and deed of the corporation. 44 § 2. Subdivisions 7 and 7-a of section 163 of the state finance law, 45 subdivision 7 as amended and subdivision 7-a as added by section 3 of 46 part R of chapter 55 of the laws of 2023, are amended to read as 47 follows: 48 7. Method of procurement. Consistent with the requirements of subdivi- 49 sions three and four of this section, state agencies shall select among 50 permissible methods of procurement including, but not limited to, an 51 invitation for bid, request for proposals or other means of solicitation 52 pursuant to guidelines issued by the state procurement council. State 53 agencies may accept bids electronically including submission of the 54 statement of non-collusion required by section one hundred thirty-nine-d 
 S. 3005 32 A. 3005 1 of this chapter, and the statement of certification required by section 2 one hundred thirty-nine-l and section one hundred thirty-nine-m of this 3 chapter. Except where otherwise provided by law, procurements shall be 4 competitive, and state agencies shall conduct formal competitive 5 procurements to the maximum extent practicable. State agencies shall 6 document the determination of the method of procurement and the basis of 7 award in the procurement record. Where the basis for award is the best 8 value offer, the state agency shall document, in the procurement record 9 and in advance of the initial receipt of offers, the determination of 10 the evaluation criteria, which whenever possible, shall be quantifiable, 11 and the process to be used in the determination of best value and the 12 manner in which the evaluation process and selection shall be conducted. 13 7-a. Notwithstanding the electronic bid provisions set forth in subdi- 14 vision seven of this section, starting April first, two thousand twen- 15 ty-three, and ending March thirty-first, two thousand twenty-seven, 16 state agencies may require electronic submission as the sole method for 17 the submission of bids for commodity, service and technology contracts, 18 including submission of the statement of non-collusion required by 19 section one hundred thirty-nine-d of this chapter, and the statement of 20 certification required by section one hundred thirty-nine-l and section 21 one hundred thirty-nine-m of this chapter, and may require electronic 22 signatures on all documents required for submission of a bid, any 23 resulting contracts, and required submissions during the term of any 24 contract. Prior to requiring the electronic submission of bids, the 25 agency shall make a determination, which shall be documented in the 26 procurement record, that electronic submission affords a fair and equal 27 opportunity for offerers to submit responsive offers, and that the elec- 28 tronic signature complies with the provisions of article three of the 29 state technology law. 30 § 3. The executive law is amended by adding a new section 170-i to 31 read as follows: 32 § 170-i. Gender-based violence and the workplace. 1. Each state agen- 33 cy shall formulate and issue a gender-based violence and the workplace 34 policy for such agency. In formulating such policy, the state agency 35 shall refer to the model gender-based violence and the workplace policy 36 distributed by the office for the prevention of domestic violence pursu- 37 ant to subdivision eleven of section five hundred seventy-five of this 38 chapter, and adopt its provisions as appropriate. 39 2. Each state agency shall designate at least one domestic violence 40 agency liaison who shall ensure agency compliance with the domestic 41 violence provisions of the gender-based violence and the workplace poli- 42 cy, be trained to assist victimized employees, and serve as the primary 43 contact for the policy distributed by the agency. 44 3. Each state agency, in formulating or revising its gender-based 45 violence and the workplace policy, shall give due regard to the impor- 46 tance of increasing awareness of gender-based violence and informing 47 employees of available resources for assistance; clearly specifying how 48 to reach the domestic violence agency liaison; ensuring that personnel 49 policies and procedures are fair to domestic and gender-based violence 50 victims and survivors, and responsive to their needs; developing work- 51 place safety response plans; complying with state and federal law 52 including restrictions of possession of firearms by a person convicted 53 of a domestic violence related crime or subject to an order of 54 protection; encouraging and promoting gender-based violence education 55 and training for employees; and holding accountable employees who misuse 56 state resources or authority or violate their job duties in committing 
 S. 3005 33 A. 3005 1 an act of gender-based violence. Each state agency, when it issues its 2 gender-based violence and the workplace policy, shall provide a copy of 3 that policy and the information for its designated domestic violence 4 agency liaison to the office for the prevention of domestic violence, 5 and shall notify the office of any subsequent modifications of the poli- 6 cy or the contact information for the domestic violence agency liaison. 7 4. (a) Every covered employee shall participate in a gender-based 8 violence and the workplace training developed by the office for the 9 prevention of domestic violence and made available on the statewide 10 learning management system annually. 11 (b) As used in this subdivision, "covered employee" shall mean all 12 officers and employees working in the executive chamber in the office of 13 the governor and New York State agencies who supervise other officers 14 and employees, who serve as the domestic violence agency liaison, or who 15 are employed in a human resources position. "Officers and employees" 16 shall have the meaning given to "state officer or employee" in section 17 seventy-three of the public officers law. 18 5. Each state agency shall cooperate with the office for the 19 prevention of domestic violence and furnish such information, reporting, 20 and assistance as the office determines is reasonably necessary to 21 accomplish the purposes of this section. 22 § 4. Section 575 of the executive law is amended by adding a new 23 subdivision 11 to read as follows: 24 11. Gender-based violence and the workplace policies. The office shall 25 consult with the division of human rights, department of labor, an 26 organization designated by the federal department of health and human 27 services to coordinate statewide improvements within local communities, 28 social services systems, and programming regarding the prevention and 29 intervention of domestic violence in New York state, and an organization 30 designated by the federal department of justice to provide direct 31 support to member rape and crisis centers in New York state through 32 funding, training and technical assistance, public awareness, and public 33 policy advocacy to create and publish a model gender-based violence and 34 the workplace policy that employers may utilize in their adoption of a 35 gender-based violence and the workplace policy required by section one 36 hundred thirty-nine-m of the state finance law. The office shall also 37 publish a model gender-based violence and the workplace policy for exec- 38 utive agencies that such agencies may utilize in their adoption of a 39 gender-based violence and the workplace policy required by section one 40 hundred seventy-i of this chapter. Such model gender-based violence and 41 the workplace policy shall be publicly available and posted on the 42 websites of the office, the department of labor and the division of 43 human rights. 44 § 5. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law; provided, however, that the amendments to 46 section 163 of the state finance law made by section two of this act 47 shall not affect the repeal of such section and shall be deemed repealed 48 therewith. 49 PART K 50 Section 1. The general municipal law is amended by adding a new arti- 51 cle 19-C to read as follows: 52 ARTICLE 19-C 53 CYBERSECURITY INCIDENT REPORTING REQUIREMENTS FOR MUNICIPAL CORPORATIONS 54 Section 995-a. Definitions. 
 S. 3005 34 A. 3005 1 995-b. Reporting of cybersecurity incidents. 2 995-c. Notice and explanation of ransom payment. 3 § 995-a. Definitions. For the purposes of this article: 1. "Cyberse- 4 curity incident" means an event occurring on or conducted through a 5 computer network that actually or imminently jeopardizes the integrity, 6 confidentiality, or availability of computers, information or communi- 7 cations systems or networks, physical or virtual infrastructure 8 controlled by computers or information systems, or information resident 9 thereon. 10 2. "Cyber threat" means any circumstance or event with the potential 11 to adversely impact organizational operations, organizational assets, or 12 individuals through an information system via unauthorized access, 13 destruction, disclosure, modification of information, and/or denial of 14 service. 15 3. "Cyber threat indicator" means information that is necessary to 16 describe or identify: 17 (a) malicious reconnaissance, including anomalous patterns of communi- 18 cations that appear to be transmitted for the purpose of gathering tech- 19 nical information related to a cybersecurity threat or security vulner- 20 ability; 21 (b) a method of defeating a security control or exploitation of a 22 security vulnerability; 23 (c) a security vulnerability, including anomalous activity that 24 appears to indicate the existence of a security vulnerability; 25 (d) a method of causing a user with legitimate access to an informa- 26 tion system or information that is stored on, processed by, or transit- 27 ing an information system to unwittingly enable the defeat of a security 28 control or exploitation of a security vulnerability; 29 (e) malicious cyber command and control; 30 (f) the actual or potential harm caused by an incident, including a 31 description of the information exfiltrated as a result of a particular 32 cybersecurity threat; 33 (g) any other attribute of a cybersecurity threat, if disclosure of 34 such attribute is not otherwise prohibited by law; or 35 (h) any combination thereof. 36 4. "Defensive measure" means an action, device, procedure, signature, 37 technique, or other measure applied to an information system or informa- 38 tion that is stored on, processed by, or transiting an information 39 system that detects, prevents, or mitigates a known or suspected 40 cybersecurity threat or security vulnerability. The term "defensive 41 measure" does not include a measure that destroys, renders unusable, 42 provides unauthorized access to, or substantially harms an information 43 system or information stored on, processed by, or transiting such infor- 44 mation system not owned by the municipal corporation operating the meas- 45 ure, or federal entity that is authorized to provide consent and has 46 provided consent to that municipal corporation for operation of such 47 measure. 48 5. "Information system" means a discrete set of information resources 49 organized for the collection, processing, maintenance, use, sharing, 50 dissemination, or disposition of information. 51 6. "Municipal corporation" means: 52 (a) A municipal corporation as defined in section one hundred nine- 53 teen-n of this chapter; or 54 (b) A district as defined in section one hundred nineteen-n of this 55 chapter. 
 S. 3005 35 A. 3005 1 7. "Ransom payment" means the transmission of any money or other prop- 2 erty or asset, including virtual currency, or any portion thereof, which 3 has at any time been delivered as ransom in connection with a ransomware 4 attack. 5 8. "Ransomware attack": 6 (a) means an incident that includes the use or threat of use of unau- 7 thorized or malicious code on an information system, or the use or 8 threat of use of another digital mechanism such as a denial of service 9 attack, to interrupt or disrupt the operations of an information system 10 or compromise the confidentiality, availability, or integrity of elec- 11 tronic data stored on, processed by, or transiting an information system 12 to extort a demand for a ransom payment; and 13 (b) does not include any such event in which the demand for payment 14 is: 15 (i) not genuine; or 16 (ii) made in good faith by an entity in response to a specific request 17 by the owner or operator of the information system. 18 § 995-b. Reporting of cybersecurity incidents. 1. Notwithstanding any 19 other provision of law, all municipal corporations shall report cyberse- 20 curity incidents and when applicable, the demand of a ransom payment, to 21 the commissioner of the division of homeland security and emergency 22 services in the form and method prescribed by such commissioner. 23 2. All municipal corporations shall report cybersecurity incidents no 24 later than seventy-two hours after the municipality reasonably believes 25 the cybersecurity incident has occurred. 26 3. Any cybersecurity incident report and any records related to a 27 ransom payment submitted to the commissioner of the division of homeland 28 security and emergency services pursuant to the requirements of this 29 article shall be exempt from disclosure under article six of the public 30 officers law. 31 § 995-c. Notice and explanation of ransom payment. Notwithstanding any 32 other provision of law, each municipal corporation shall, in the event 33 of a ransom payment made in connection with a cybersecurity incident 34 involving the municipal corporation, provide the commissioner of the 35 division of homeland security and emergency services through means 36 prescribed by such commissioner with the following: 37 (a) within twenty-four hours of the ransom payment, notice of the 38 payment; and 39 (b) within thirty days of the ransom payment, a written description of 40 the reasons payment was necessary, the amount of the ransom payment, the 41 means by which the ransom payment was made, a description of alterna- 42 tives to payment considered, all diligence performed to find alterna- 43 tives to payment and all diligence performed to ensure compliance with 44 applicable state and federal rules and regulations including those of 45 the federal office of foreign assets control. 46 § 2. The executive law is amended by adding a new section 711-c to 47 read as follows: 48 § 711-c. Cybersecurity incident reviews. 1. The commissioner, or their 49 designee, shall review each cybersecurity incident report and notice and 50 explanation of ransom payment submitted pursuant to sections nine 51 hundred ninety-five-b and nine hundred ninety-five-c of the general 52 municipal law to assess potential impacts of cybersecurity incidents and 53 ransom payments on the health, safety, welfare or security of the state, 54 or its residents. 55 2. The commissioner, or their designee, may work with appropriate 56 state agencies, federal law enforcement, and federal homeland security 
 S. 3005 36 A. 3005 1 agencies to provide municipal corporations with reports of cybersecurity 2 incidents and trends, including but not limited to, to the maximum 3 extent practicable, related contextual information, cyber threat indica- 4 tors, and defensive measures. The commissioner may coordinate and share 5 such reported information with municipal corporations, state agencies, 6 and federal law enforcement and homeland security agencies to respond to 7 and mitigate cybersecurity threats. 8 3. Such reports, assessments, records, reviews, documents, recommenda- 9 tions, guidance and any information contained or used in its preparation 10 shall be exempt from disclosure under article six of the public officers 11 law. 12 § 3. This act shall take effect on the thirtieth day after it shall 13 have become a law. 14 PART L 15 Section 1. Section 263.10 of the penal law, as amended by chapter 1 of 16 the laws of 2000, is amended to read as follows: 17 § 263.10 Promoting an obscene sexual performance by a child. 18 A person is guilty of promoting an obscene sexual performance by a 19 child when, knowing the character and content thereof, [he] such person 20 produces, directs or promotes any obscene performance which includes 21 sexual conduct by a child less than seventeen years of age, including a 22 performance created or altered by digitization as defined in section 23 245.15 of this part. 24 Promoting an obscene sexual performance by a child is a class D felo- 25 ny. 26 § 2. Section 263.11 of the penal law, as amended by chapter 456 of the 27 laws of 2012, is amended to read as follows: 28 § 263.11 Possessing an obscene sexual performance by a child. 29 A person is guilty of possessing an obscene sexual performance by a 30 child when, knowing the character and content thereof, [he] such person 31 knowingly has in [his] such person's possession or control, or knowingly 32 accesses with intent to view, any obscene performance which includes 33 sexual conduct by a child less than sixteen years of age, including a 34 performance created or altered by digitization as defined in section 35 245.15 of this part. 36 Possessing an obscene sexual performance by a child is a class E felo- 37 ny. 38 § 3. Section 263.15 of the penal law, as amended by chapter 1 of the 39 laws of 2000, is amended to read as follows: 40 § 263.15 Promoting a sexual performance by a child. 41 A person is guilty of promoting a sexual performance by a child when, 42 knowing the character and content thereof, [he] such person produces, 43 directs or promotes any performance which includes sexual conduct by a 44 child less than seventeen years of age, including a performance created 45 or altered by digitization as defined in section 245.15 of this part. 46 Promoting a sexual performance by a child is a class D felony. 47 § 4. Section 263.16 of the penal law, as amended by chapter 456 of the 48 laws of 2012, is amended to read as follows: 49 § 263.16 Possessing a sexual performance by a child. 50 A person is guilty of possessing a sexual performance by a child when, 51 knowing the character and content thereof, [he] such person knowingly 52 has in [his] such person's possession or control, or knowingly accesses 53 with intent to view, any performance which includes sexual conduct by a 
 S. 3005 37 A. 3005 1 child less than sixteen years of age, including a performance created or 2 altered by digitization as defined in section 245.15 of this part. 3 Possessing a sexual performance by a child is a class E felony. 4 § 5. This act shall take effect on the sixtieth day after it shall 5 have become a law. 6 PART M 7 Section 1. Section 230.34 of the penal law, as added by chapter 74 of 8 the laws of 2007, is amended to read as follows: 9 § 230.34 Sex trafficking. 10 A person is guilty of sex trafficking if [he or she] such person 11 intentionally advances or profits from prostitution [by]: 12 1. by unlawfully providing to a person who is patronized, with intent 13 to impair said person's judgment: (a) a narcotic drug or a narcotic 14 preparation; (b) concentrated cannabis as defined in [paragraph (a) of] 15 subdivision [four] seventeen of section [thirty-three hundred two] three 16 of the [public health] cannabis law; (c) methadone; or (d) gamma-hydrox- 17 ybutyrate (GHB) or flunitrazepan, also known as Rohypnol; 18 2. by making material false statements, misstatements, or omissions to 19 induce or maintain the person being patronized to engage in or continue 20 to engage in prostitution activity; 21 3. by withholding, destroying, or confiscating any actual or purported 22 passport, immigration document, or any other actual or purported govern- 23 ment identification document of another person with intent to impair 24 said person's freedom of movement; provided, however, that this subdivi- 25 sion shall not apply to an attempt to correct a social security adminis- 26 tration record or immigration agency record in accordance with any 27 local, state, or federal agency requirement, where such attempt is not 28 made for the purpose of any express or implied threat; 29 4. by requiring that prostitution be performed to retire, repay, or 30 service a real or purported debt; 31 5. by using force or engaging in any scheme, plan or pattern to compel 32 or induce the person being patronized to engage in or continue to engage 33 in prostitution activity by means of instilling a fear in the person 34 being patronized that, if the demand is not complied with, the actor or 35 another will do one or more of the following: 36 (a) cause physical injury, serious physical injury, or death to a 37 person; or 38 (b) cause damage to property, other than the property of the actor; or 39 (c) engage in other conduct constituting a felony or unlawful impri- 40 sonment in the second degree in violation of section 135.05 of this 41 chapter; or 42 (d) accuse some person of a crime or cause criminal charges or depor- 43 tation proceedings to be instituted against some person; provided, 44 however, that it shall be an affirmative defense to this subdivision 45 that the [defendant] actor reasonably believed the threatened charge to 46 be true and that [his or her] the actor's sole purpose was to compel or 47 induce the victim to take reasonable action to make good the wrong which 48 was the subject of such threatened charge; or 49 (e) expose a secret or publicize an asserted fact, whether true or 50 false, tending to subject some person to hatred, contempt or ridicule; 51 or 52 (f) testify or provide information or withhold testimony or informa- 53 tion with respect to another's legal claim or defense; or 
 S. 3005 38 A. 3005 1 (g) use or abuse [his or her] the actor's position as a public servant 2 by performing some act within or related to [his or her] the actor's 3 official duties, or by failing or refusing to perform an official duty, 4 in such manner as to affect some person adversely; or 5 (h) perform any other act which would not in itself materially benefit 6 the actor but which is calculated to harm the person who is patronized 7 materially with respect to [his or her] such person's health, safety, or 8 immigration status; or 9 6. where the person being patronized is mentally disabled as defined 10 in subdivision five of section 130.00 of this chapter. 11 Sex trafficking is a class B felony. 12 § 2. This act shall take effect on the thirtieth day after it shall 13 have become a law. 14 PART N 15 Section 1. Paragraph (k-2) of subdivision 2 of section 65.10 of the 16 penal law, as added by section 1 of part VV of chapter 56 of the laws of 17 2020, is amended to read as follows: 18 (k-2) (i) Refrain, upon sentencing for a crime involving unlawful 19 sexual conduct or assault committed against either a metropolitan trans- 20 portation authority system passenger[,] or customer, or employee [or a 21 crime involving assault against a metropolitan transportation authority 22 employee,] of the metropolitan transportation authority system or any 23 contractor then performing work for any entity of the system, if the 24 offense was committed in or [on] adjacent to any facility or conveyance 25 of the [metropolitan transportation authority or a subsidiary thereof or 26 the New York city transit authority or a subsidiary thereof] authority's 27 transportation system, from using or entering any of [such] the authori- 28 ty's subways, trains, buses, or other conveyances or facilities as spec- 29 ified by the court for a period of up to three years, or a specified 30 period of such probation or conditional discharge, whichever is less. 31 For purposes of this section, a crime involving assault shall mean an 32 offense described in article one hundred twenty of this chapter which 33 has as an element the causing of physical injury or serious physical 34 injury to another as well as the attempt thereof. If the sentence 35 imposed by the court includes a period of incarceration followed by a 36 period of probation or conditional discharge, then the court may impose 37 conditions under this paragraph to be operative only during the period 38 of probation or conditional discharge. Orders under this paragraph may 39 extend to any part of the metropolitan transportation authority system 40 in the court's discretion, including parts of the system outside the 41 county where the sentencing judge sits. 42 (ii) The court may, in its discretion, suspend, modify or cancel a 43 condition imposed under this paragraph in the interest of justice at any 44 time. If the person depends on the authority's subways, trains, buses, 45 or other conveyances or facilities for trips of necessity, including, 46 but not limited to, travel to or from medical or legal appointments, 47 school or training classes or places of employment, obtaining food, 48 clothing or necessary household items, or rendering care to family 49 members, the court may modify such condition to allow for a trip or 50 trips as in its discretion are necessary. 51 (iii) A person at liberty and subject to a condition under this para- 52 graph who applies, within thirty days after the date such condition 53 becomes effective, for a refund of any prepaid fare amounts rendered 54 unusable in whole or in part by such condition including, but not limit- 
 S. 3005 39 A. 3005 1 ed to, a monthly pass, shall be issued a refund of the amounts so 2 prepaid. 3 (iv) Any order issued pursuant to this paragraph, whether imposing a 4 ban or modifying one, shall be served on the metropolitan transportation 5 authority as directed by the court. 6 (v) The metropolitan transportation authority shall not use facial 7 recognition technology to enforce any order issued pursuant to this 8 paragraph. 9 § 2. This act shall take effect immediately. 10 PART O 11 Section 1. Subdivision 2 of section 140.00 of the penal law, as 12 amended by chapter 698 of the laws of 1979, is amended to read as 13 follows: 14 2. "Building," in addition to its ordinary meaning, includes any 15 structure, vehicle or watercraft used for overnight lodging of persons, 16 or used by persons for carrying on business therein, or used for the 17 business of transporting persons, or used as an elementary or secondary 18 school, or an [inclosed] enclosed motor truck, or an [inclosed] enclosed 19 motor truck trailer. Where a building consists of two or more units 20 separately secured or occupied, each unit shall be deemed both a sepa- 21 rate building in itself and a part of the main building. 22 § 2. This act shall take effect immediately. 23 PART P 24 Section 1. The penal law is amended by adding a new section 240.80 to 25 read as follows: 26 § 240.80 Aggravated transportation offense. 27 1. A person is guilty of aggravated transportation offense when such 28 person commits a specified offense, as defined in subdivision two of 29 this section, and such person has been convicted of a specified offense 30 within the preceding five years. For the purposes of this subdivision, 31 in calculating the five year period, any period of time during which the 32 defendant was incarcerated for any reason between the time of the 33 commission of any of such previous offenses and the time of commission 34 of the present crime shall be excluded and such five year period shall 35 be extended by a period or periods equal to the time served under such 36 incarceration. 37 2. A "specified offense" is an offense defined in section 120.00 38 (assault in the third degree); section 120.05 (assault in the second 39 degree); section 120.10 (assault in the first degree); section 120.13 40 (menacing in the first degree); section 120.14 (menacing in the second 41 degree); section 120.15 (menacing in the third degree); section 120.20 42 (reckless endangerment in the second degree); section 120.25 (reckless 43 endangerment in the first degree); section 120.45 (stalking in the 44 fourth degree); section 120.50 (stalking in the third degree); section 45 120.55 (stalking in the second degree); section 120.60 (stalking in the 46 first degree); section 121.11 (criminal obstruction of breathing or 47 blood circulation); section 121.12 (strangulation in the second degree); 48 section 121.13 (strangulation in the first degree); subdivision one of 49 section 125.15 (manslaughter in the second degree); subdivision one, two 50 or four of section 125.20 (manslaughter in the first degree); section 51 125.25 (murder in the second degree); section 130.20 (sexual miscon- 52 duct); section 130.30 (rape in the second degree); section 130.35 (rape 
 S. 3005 40 A. 3005 1 in the first degree); former section 130.40 (criminal sexual act in the 2 third degree); former section 130.45 (criminal sexual act in the second 3 degree); former section 130.50 (criminal sexual act in the first 4 degree); section 130.52 (forcible touching); section 130.53 (persistent 5 sexual abuse); section 130.55 (sexual abuse in the third degree); 6 section 130.60 (sexual abuse in the second degree); section 130.65 7 (sexual abuse in the first degree); section 130.66 (aggravated sexual 8 abuse in the third degree); section 130.67 (aggravated sexual abuse in 9 the second degree); section 130.70 (aggravated sexual abuse in the first 10 degree); section 130.91 (sexually motivated felony); section 130.95 11 (predatory sexual assault); section 130.96 (predatory sexual assault 12 against a child); section 135.05 (unlawful imprisonment in the second 13 degree); section 135.10 (unlawful imprisonment in the first degree); 14 section 135.60 (coercion in the third degree); section 135.61 (coercion 15 in the second degree); section 135.65 (coercion in the first degree); 16 section 140.20 (burglary in the third degree); section 140.25 (burglary 17 in the second degree); section 140.30 (burglary in the first degree); 18 section 145.00 (criminal mischief in the fourth degree); section 145.05 19 (criminal mischief in the third degree); section 145.10 (criminal 20 mischief in the second degree); section 145.12 (criminal mischief in the 21 first degree); section 145.14 (criminal tampering in the third degree); 22 section 215.50 (criminal contempt in the second degree); section 215.51 23 (criminal contempt in the first degree); section 215.52 (aggravated 24 criminal contempt); section 240.25 (harassment in the first degree); 25 subdivision one, two or four of section 240.30 (aggravated harassment in 26 the second degree); section 245.00 (public lewdness); section 245.01 27 (exposure of a person); section 245.02 (promoting exposure of a person); 28 section 245.03 (public lewdness in the first degree); section 245.05 29 (offensive exhibition); section 245.11 (public display of offensive 30 sexual material); section 245.15 (unlawful dissemination or publication 31 of an intimate image); section 250.45 (unlawful surveillance in the 32 second degree); section 250.50 (unlawful surveillance in the first 33 degree); aggravated transportation offense as defined in this section or 34 any attempt or conspiracy to commit any of the foregoing offenses where 35 the offense was committed in or adjacent to any facility or conveyance 36 of the metropolitan transportation authority or a subsidiary thereof or 37 the New York city transit authority or a subsidiary thereof. 38 3. The person against whom the current specified offense is committed 39 may be different from the person against whom the previous specified 40 offense was committed. 41 Aggravated transportation offense is a class C felony. 42 § 2. This act shall take effect on the thirtieth day after it shall 43 have become a law. 44 PART Q 45 Section 1. Section 5 of chapter 396 of the laws of 2010 amending the 46 alcoholic beverage control law relating to liquidator's permits and 47 temporary retail permits, as amended by section 1 of part K of chapter 48 55 of the laws of 2024, is amended to read as follows: 49 § 5. This act shall take effect on the sixtieth day after it shall 50 have become a law, provided that paragraph (b) of subdivision 1 of 51 section 97-a of the alcoholic beverage control law as added by section 52 two of this act shall expire and be deemed repealed October 12, [2025] 53 2026. 54 § 2. This act shall take effect immediately. 
 S. 3005 41 A. 3005 1 PART R 2 Section 1. Subdivision 1 of section 2799-gg of the public authorities 3 law, as amended by section 1 of part TT of chapter 56 of the laws of 4 2024, is amended to read as follows: 5 1. The authority shall have the power and is hereby authorized from 6 time to time to issue bonds, in conformity with applicable provisions of 7 the uniform commercial code, in such principal amounts as it may deter- 8 mine to be necessary pursuant to section twenty-seven hundred ninety- 9 nine-ff of this title to pay the cost of any project and to fund 10 reserves to secure such bonds, including incidental expenses in 11 connection therewith. 12 The aggregate principal amount of such bonds, notes or other obli- 13 gations outstanding shall not exceed, beginning July first, two thousand 14 twenty-four, twenty-one billion five hundred million dollars 15 ($21,500,000,000) and beginning July first, two thousand twenty-five, 16 [twenty-seven] thirty billion five hundred million dollars 17 [($27,500,000,000)] ($30,500,000,000), excluding bonds, notes or other 18 obligations issued pursuant to sections twenty-seven hundred ninety- 19 nine-ss and twenty-seven hundred ninety-nine-tt of this title; provided, 20 however, that upon any refunding or repayment of bonds (which term shall 21 not, for this purpose, include bond anticipation notes), the total 22 aggregate principal amount of outstanding bonds, notes or other obli- 23 gations may be greater than, beginning July first, two thousand twenty- 24 four, twenty-one billion five hundred million dollars ($21,500,000,000), 25 and beginning July first, two thousand twenty-five, [twenty-seven] thir- 26 ty billion five hundred million dollars [($27,500,000,000)] 27 ($30,500,000,000), only if the refunding or repayment bonds, notes or 28 other obligations were issued in accordance with the provisions of 29 subparagraph (a) of subdivision two of paragraph b of section 90.10 of 30 the local finance law, as amended from time to time. Notwithstanding the 31 foregoing, bonds, notes or other obligations issued by the authority may 32 be outstanding in an amount greater than the amount permitted by the 33 preceding sentence, provided that such additional amount at issuance, 34 together with the amount of indebtedness contracted by the city of New 35 York, shall not exceed the limit prescribed by section 104.00 of the 36 local finance law. The authority shall have the power from time to time 37 to refund any bonds of the authority by the issuance of new bonds wheth- 38 er the bonds to be refunded have or have not matured, and may issue 39 bonds partly to refund bonds of the authority then outstanding and part- 40 ly to pay the cost of any project pursuant to section twenty-seven 41 hundred ninety-nine-ff of this title. Bonds issued by the authority 42 shall be payable solely out of particular revenues or other moneys of 43 the authority as may be designated in the proceedings of the authority 44 under which the bonds shall be authorized to be issued, subject to any 45 agreements entered into between the authority and the city, and subject 46 to any agreements with the holders of outstanding bonds pledging any 47 particular revenues or moneys. 48 § 2. This act shall take effect immediately and shall be deemed to 49 have been in full force and effect on and after April 1, 2025. 50 PART S 51 Section 1. Subdivision 3 of section 489-cccccc of the real property 52 tax law is amended by adding a new paragraph (e) to read as follows: 
 S. 3005 42 A. 3005 1 (e) Parking facility. No benefits shall be granted pursuant to this 2 title for construction work on real property where any portion of such 3 property is to be used as a parking facility. For the purposes of this 4 title, "parking facility" means any real property or portion thereof in 5 a city on which exists a facility operated in a manner that requires a 6 license for the operation of a garage or parking lot issued by the 7 consumer and worker protection agency of such city. 8 § 2. Paragraph (a) of subdivision 1 of section 489-dddddd of the real 9 property tax law, as amended by chapter 332 of the laws of 2024, is 10 amended to read as follows: 11 (a) Application for benefits pursuant to this title may be made imme- 12 diately following the effective date of a local law enacted pursuant to 13 this title and continuing until March first, two thousand thirty or, 14 with respect to an application for benefits for property defined as a 15 peaking unit authorized pursuant to paragraph (b-1) of subdivision three 16 of section four hundred eighty-nine-bbbbbb of this title, until March 17 first, two thousand twenty-nine. 18 § 3. Subdivision 3 of section 489-dddddd of the real property tax law, 19 as amended by chapter 332 of the laws of 2024, is amended to read as 20 follows: 21 3. (a) No benefits authorized pursuant to this title shall be granted 22 for construction work performed pursuant to a building permit issued 23 after April first, two thousand thirty, except that for property defined 24 as a peaking unit, no benefits authorized pursuant to paragraph (b-1) of 25 subdivision three of section four hundred eighty-nine-bbbbbb of this 26 title shall be granted for construction work performed pursuant to a 27 building permit issued after April first, two thousand twenty-nine. 28 (b) If no building permit was required, then no benefits authorized 29 pursuant to this title shall be granted for construction work that is 30 commenced after April first, two thousand thirty, except that for prop- 31 erty defined as a peaking unit, no benefits authorized pursuant to para- 32 graph (b-1) of subdivision three of section four hundred eighty-nine- 33 bbbbbb of this title shall be granted for construction work that is 34 commenced after April first, two thousand twenty-nine. 35 § 4. Subdivision 2 of section 489-gggggg of the real property tax law 36 is amended by adding a new paragraph (a-1) to read as follows: 37 (a-1) Notwithstanding any provision of law to the contrary, beginning 38 January first, two thousand twenty-six, Governor's Island shall be 39 designated a special commercial abatement area for the purposes of this 40 title, provided that such designation may be modified in whole or in 41 part in accordance with the procedures set forth in this subdivision. 42 § 5. Paragraph (e) of subdivision 2 of section 489-gggggg of the real 43 property tax law, as added by chapter 119 of the laws of 2008, is 44 amended to read as follows: 45 (e) In the city of New York, the commission may designate any area 46 other than the area lying south of the center line of 96th Street in the 47 borough of Manhattan not including Governor's Island, to be a special 48 commercial abatement area if it determines that market conditions in the 49 area are such that the availability of a special abatement is required 50 in order to encourage commercial construction work in such area. In 51 making such determination, the commission shall consider, among other 52 factors, the existence in such area of a special need for commercial and 53 job development, high unemployment, economic distress or unusually large 54 numbers of vacant, underutilized, unsuitable or substandard structures, 55 or other substandard, unsanitary, deteriorated or deteriorating condi- 56 tions, with or without tangible blight; provided that, however, in 
 S. 3005 43 A. 3005 1 making such determination with respect to Governor's Island, the commis- 2 sion shall consider, among other factors, the density of existing devel- 3 opments and the nature and purpose of planned developments on Governor's 4 Island, and the development of emerging industries in the city. 5 § 6. Paragraph (c) of subdivision 3 of section 489-gggggg of the real 6 property tax law, as added by chapter 119 of the laws of 2008, is 7 amended to read as follows: 8 (c) the area in the borough of Manhattan south of the center line of 9 59th street, other than: (i) the areas designated renovation areas by 10 paragraphs (a) and (b) of this subdivision, or (ii) as of January first, 11 two thousand twenty-six, Governor's Island. 12 § 7. Subdivision 4 of section 489-gggggg of the real property tax law, 13 as added by chapter 119 of the laws of 2008, is amended to read as 14 follows: 15 4. Commercial exclusion area. Except as provided in paragraph (f) of 16 subdivision three of section four hundred eighty-nine-bbbbbb of this 17 title, any area in the borough of Manhattan lying south of the center 18 line of 96th Street, other than: (a) the areas designated renovation 19 areas by subdivision three of this section and (b) as of January first, 20 two thousand twenty-six, Governor's Island, shall be a commercial exclu- 21 sion area. Commercial construction projects in the commercial exclusion 22 area shall not be eligible to receive tax abatements pursuant to this 23 title. 24 § 8. Section 11-268 of the administrative code of the city of New York 25 is amended by adding two new subdivisions k-1 and o-1 to read as 26 follows: 27 k-1. "Parking facility" means any real property or portion thereof on 28 which exists a facility operated in a manner that requires a license for 29 the operation of a garage or parking lot issued by the department of 30 consumer and worker protection. 31 o-1. "Self-storage facility" shall mean any real property or a portion 32 thereof that is designed and used for the purpose of occupying storage 33 space by occupants who are to have access thereto for the purpose of 34 storing and removing personal property, pursuant to subdivision one of 35 section one hundred eighty-two of the lien law. 36 § 9. Subdivision c of section 11-270 of the administrative code of the 37 city of New York is amended by adding two new paragraphs 4 and 5 to read 38 as follows: 39 (4) Self-storage facilities. No benefits shall be granted pursuant to 40 this part for construction work on real property where any portion of 41 such property is to be used as a self-storage facility. 42 (5) Parking facility. No benefits shall be granted pursuant to this 43 part for construction work on real property where any portion of such 44 property is to be used as a parking facility. 45 § 10. Paragraph 1 of subdivision a of section 11-271 of the adminis- 46 trative code of the city of New York, as amended by chapter 332 of the 47 laws of 2024, is amended to read as follows: 48 (1) Application for benefits pursuant to this part may be made imme- 49 diately following the effective date of the local law that added this 50 section and continuing until March first, two thousand thirty or, with 51 respect to an application for benefits for property defined as a peaking 52 unit authorized pursuant to paragraph (2-a) of subdivision c of section 53 11-269 of this part until March first, two thousand twenty-nine. 54 § 11. Subdivision c of section 11-271 of the administrative code of 55 the city of New York, as amended by chapter 332 of the laws of 2024, is 56 amended to read as follows: 
 S. 3005 44 A. 3005 1 c. (1) No benefits authorized pursuant to this part shall be granted 2 for construction work performed pursuant to a building permit issued 3 after April first, two thousand thirty, except that for property defined 4 as a peaking unit, no benefits authorized pursuant to paragraph (2-a) of 5 subdivision c of section 11-269 of this part shall be granted for 6 construction work performed pursuant to a building permit issued after 7 April first, two thousand twenty-nine. 8 (2) If no building permit was required, then no benefits authorized 9 pursuant to this part shall be granted for construction work that is 10 commenced after April first, two thousand thirty, except that for prop- 11 erty defined as a peaking unit, no benefits authorized pursuant to para- 12 graph (2-a) of subdivision c of section 11-269 of this part shall be 13 granted for construction work that is commenced after April first, two 14 thousand twenty-nine. 15 § 12. Subdivision b of section 11-274 of the administrative code of 16 the city of New York is amended by adding a new paragraph 1-a to read as 17 follows: 18 (1-a) Notwithstanding any provision of law to the contrary, beginning 19 January first, two thousand twenty-six, Governor's Island shall be 20 designated a special commercial abatement area for the purposes of this 21 part, provided that such designation may be modified in whole or in part 22 in accordance with the procedures set forth in this subdivision. 23 § 13. Paragraph 5 of subdivision b of section 11-274 of the adminis- 24 trative code of the city of New York, as added by local law number 47 of 25 the city of New York for the year 2008, is amended to read as follows: 26 (5) The commission may designate any area other than the area lying 27 south of the center line of 96th Street in the borough of Manhattan not 28 including Governor's Island, to be a special commercial abatement area 29 if it determines that market conditions in the area are such that the 30 availability of a special abatement is required in order to encourage 31 commercial construction work in such area. In making such determination, 32 the commission shall consider, among other factors, the existence in 33 such area of a special need for commercial and job development, high 34 unemployment, economic distress or unusually large numbers of vacant, 35 underutilized, unsuitable or substandard structures, or other substand- 36 ard, unsanitary, deteriorated or deteriorating conditions, with or with- 37 out tangible blight; provided that, however, in making such determi- 38 nation with respect to Governor's Island, the temporary commercial 39 incentive area boundary commission shall only be required to consider, 40 among other factors, whether such designation continues to be necessary 41 to adequately promote commercial activity on Governor's Island the 42 density of existing developments and the nature and purpose of planned 43 developments on Governor's Island, and the development of emerging 44 industries in the city. 45 § 14. Paragraph 3 of subdivision c of section 11-274 of the adminis- 46 trative code of the city of New York, as added by local law number 47 of 47 the city of New York for the year 2008, is amended to read as follows: 48 (3) the area in the borough of Manhattan south of the center line of 49 59th street, other than the areas: (i) designated renovation areas by 50 paragraphs (1) and (2) of this subdivision, or (ii) as of January first, 51 two thousand twenty-six, Governor's Island. 52 § 15. Subdivision d of section 11-274 of the administrative code of 53 the city of New York, as added by local law number 47 of the city of New 54 York for the year 2008, is amended to read as follows: 55 d. Commercial exclusion area. Except as provided in paragraph (6) of 56 subdivision c of section 11-269 of this part, any area in the borough of 
 S. 3005 45 A. 3005 1 Manhattan lying south of the center line of 96th Street, other than: (1) 2 the areas designated renovation areas by subdivision c of this section 3 and (2) as of January first, two thousand twenty-six, Governor's Island, 4 shall be a commercial exclusion area. Commercial construction projects 5 in the commercial exclusion area shall not be eligible to receive tax 6 abatements pursuant to this part. 7 § 16. This act shall take effect immediately, provided that: (i) para- 8 graph 4 of subdivision c of section 11-270 of the administrative code of 9 the city of New York, as added by section nine of this act shall be 10 deemed to have been in full force and effect as of July 1, 2020, and 11 shall apply to projects for which the first building permit is issued 12 after July 1, 2020 or if no permit is required, for which construction 13 commences after July 1, 2020; and (ii) paragraph (e) of subdivision 3 of 14 section 489-cccccc of the real property tax law, as added by section one 15 of this act, and paragraph 5 of subdivision c of section 11-270 of the 16 administrative code of the city of New York, as added by section nine of 17 this act, shall only apply to a project for which the first building 18 permit is issued on or after 90 days after this act takes effect, or if 19 no permit is required, for which construction commences on or after such 20 date. 21 PART T 22 Section 1. Subdivision (a) of section 5004 of the civil practice law 23 and rules, as amended by chapter 831 of the laws of 2021, is amended to 24 read as follows: 25 (a) [Interest shall be at the rate of nine per centum per annum, 26 except where otherwise provided by statute; provided] Notwithstanding 27 any other provision of law or regulation to the contrary, including any 28 law or regulation that limits the annual rate of interest to be paid on 29 a judgment or accrued claim, the annual rate of interest to be paid on a 30 judgment or accrued claim shall be calculated at the one-year United 31 States treasury bill rate. For purposes of this section, the "one-year 32 United States treasury bill rate" means the weekly average one-year 33 constant maturity treasury yield, as published by the board of governors 34 of the federal reserve system, for the calendar week preceding the date 35 of the entry of the judgment awarding damages; provided however, that 36 this section shall not apply to any provision of the tax law which 37 provides for the annual rate of interest to be paid on a judgment or 38 accrued claim. Provided, however, the annual rate of interest to be paid 39 in an action arising out of a consumer debt where a natural person is a 40 defendant shall be two per centum per annum (i) on a judgment or accrued 41 claim for judgments entered on or after the effective date of [the] 42 chapter eight hundred thirty-one of the laws of two thousand twenty-one 43 [which amended this section], and (ii) for interest upon a judgment 44 pursuant to section five thousand three of this article from the date of 45 the entry of judgment on any part of a judgment entered before the 46 effective date of [the] chapter eight hundred thirty-one of the laws of 47 two thousand twenty-one [which amended this section] that is unpaid as 48 of such effective date. 49 § 2. Section 16 of the state finance law, as amended by chapter 681 of 50 the laws of 1982, is amended to read as follows: 51 § 16. Rate of interest on judgments and accrued claims against the 52 state. The rate of interest to be paid by the state upon any judgment 53 or accrued claim against the state shall [not exceed nine per centum per 54 annum] be calculated at the one-year United States treasury bill rate. 
 S. 3005 46 A. 3005 1 For the purposes of this section, the "one-year United States treasury 2 bill rate" means the weekly average one-year constant maturity treasury 3 yield, as published by the board of governors of the federal reserve 4 system, for the calendar week preceding the date of the entry of the 5 judgment awarding damages. Provided however, that this section shall not 6 apply to any provision of the tax law which provides for the annual rate 7 of interest to be paid on a judgment or accrued claim. 8 § 3. This act shall take effect immediately, and shall be deemed to 9 have been in full force and effect on and after April 1, 2025. 10 PART U 11 Section 1. Section 167-a of the civil service law, as amended by 12 section 1 of part I of chapter 55 of the laws of 2012, is amended to 13 read as follows: 14 § 167-a. Reimbursement for medicare premium charges. 1. Upon exclusion 15 from the coverage of the health benefit plan of supplementary medical 16 insurance benefits for which an active or retired employee or a depend- 17 ent covered by the health benefit plan is or would be eligible under the 18 federal old-age, survivors and disability insurance program, an amount 19 equal to the standard medicare premium charge for such supplementary 20 medical insurance benefits for such active or retired employee and [his 21 or her] such employee's dependents, if any, shall be paid monthly or at 22 other intervals to such active or retired employee from the health 23 insurance fund. There shall be no payment for the income related monthly 24 adjustment amount incurred on or after January first, two thousand twen- 25 ty-five to any active or retired employee and such employee's depen- 26 dents, if any. Where appropriate, such standard medicare premium amount 27 may be deducted from contributions payable by the employee or retired 28 employee; or where appropriate in the case of a retired employee receiv- 29 ing a retirement allowance, such standard medicare premium amount may be 30 included with payments of [his or her] such employee's retirement allow- 31 ance. All state employer, employee, retired employee and dependent 32 contributions to the health insurance fund, including contributions from 33 public authorities, public benefit corporations or other quasi-public 34 organizations of the state eligible for participation in the health 35 benefit plan as authorized by subdivision two of section one hundred 36 sixty-three of this article, shall be adjusted as necessary to cover the 37 cost of reimbursing federal old-age, survivors and disability insurance 38 program premium charges under this section. This cost shall be included 39 in the calculation of premium or subscription charges for health cover- 40 age provided to employees and retired employees of the state, public 41 authorities, public benefit corporations or other quasi-public organiza- 42 tions of the state; provided, however, the state, public authorities, 43 public benefit corporations or other quasi-public organizations of the 44 state shall remain obligated to pay no less than its share of such 45 increased cost consistent with its share of premium or subscription 46 charges provided for by this article. All other employer contributions 47 to the health insurance fund shall be adjusted as necessary to provide 48 for such payments. 49 2. (a) On December first, two thousand twenty-six, the department 50 shall provide a premium refund to eligible state retirees. For the 51 purposes of this section, "eligible state retirees" shall be defined as 52 retirees who retired: 53 (i) on or after January first, nineteen hundred eighty-three but prior 54 to January first, two thousand twelve; and 
 S. 3005 47 A. 3005 1 (ii) on or after January first, two thousand twelve from a title allo- 2 cated or equated to salary grade nine or below. The amount of the annual 3 premium refund shall be fifty per centum of the amount reimbursed by the 4 department to enrollees for income related monthly adjustment amounts 5 for supplementary medical insurance for calendar year two thousand twen- 6 ty-four divided by the number of eligible state retirees. 7 (b) On December first, two thousand twenty-seven and December first of 8 each year thereafter, the department shall provide an annual premium 9 refund to eligible state retirees. The amount of the refund shall be the 10 premium refund provided in the prior year increased by the rate of 11 change for the most recent twelve-month period ending in September of 12 that year in the consumer price index for all urban consumers on a 13 national and seasonally unadjusted basis (CPI-U), or a successor index 14 as calculated by the United States department of labor. 15 § 2. This act shall take effect immediately and shall apply on January 16 1, 2025 for the income related monthly adjustment amount incurred on or 17 after January 1, 2025. 18 PART V 19 Section 1. Paragraph (b) of subdivision 5 of section 50 of the civil 20 service law, as amended by section 1 of part EE of chapter 55 of the 21 laws of 2023, is amended to read as follows: 22 (b) Notwithstanding the provisions of paragraph (a) of this subdivi- 23 sion, the state civil service department, subject to the approval of the 24 director of the budget, a municipal commission, subject to the approval 25 of the governing board or body of the city or county, as the case may 26 be, or a regional commission or personnel officer, pursuant to govern- 27 mental agreement, may elect to waive application fees, or to abolish 28 fees for specific classes of positions or types of examinations or 29 candidates, or to establish a uniform schedule of reasonable fees 30 different from those prescribed in paragraph (a) of this subdivision, 31 specifying in such schedule the classes of positions or types of exam- 32 inations or candidates to which such fees shall apply; provided, howev- 33 er, that fees shall be waived for candidates who certify to the state 34 civil service department, a municipal commission or a regional commis- 35 sion that they are unemployed and primarily responsible for the support 36 of a household, or are receiving public assistance. Provided further, 37 the state civil service department shall waive the state application fee 38 for examinations for original appointment for all veterans. Provided 39 further, the state civil service department shall, and a municipal 40 commission may, subject to the approval of the governing board or body 41 of the city or county, as the case may be, or a regional commission or 42 personnel officer, pursuant to governmental agreement, waive application 43 fees for all examinations held between July first, two thousand twenty- 44 three and [December thirty-first, two thousand twenty-five] June thirti- 45 eth, two thousand twenty-six. Notwithstanding any other provision of 46 law, for purposes of this section, the term "veteran" shall mean a 47 person who has served in the armed forces of the United States or the 48 reserves thereof, or in the army national guard, air national guard, New 49 York guard, or the New York naval militia, and who (1) has been honor- 50 ably discharged or released from such service under honorable condi- 51 tions, or (2) has a qualifying condition, as defined in section one of 52 the veterans' services law, and has received a discharge other than bad 53 conduct or dishonorable from such service, or (3) is a discharged LGBT 54 veteran, as defined in section one of the veterans' services law, and 
 S. 3005 48 A. 3005 1 has received a discharge other than bad conduct or dishonorable from 2 such service. The term "armed forces" shall mean the army, navy, air 3 force, marine corps, and coast guard. 4 § 2. Section 2 of part EE of chapter 55 of the laws of 2023, amending 5 the civil service law relating to waiving state civil service examina- 6 tion fees between July 1, 2023 and December 31, 2025, is amended to read 7 as follows: 8 § 2. This act shall take effect immediately and shall expire and be 9 deemed repealed on [December 31, 2025] June 30, 2026; provided that this 10 act shall be deemed to have been in full force and effect on and after 11 April 1, 2023. 12 § 3. This act shall take effect immediately; provided, however, that 13 the amendments to paragraph (b) of subdivision 5 of section 50 of the 14 civil service law made by section one of this act shall not affect the 15 expiration of such subdivision and shall expire and be deemed repealed 16 therewith. 17 PART W 18 Section 1. Subdivision 2 section 200 of the state finance law, as 19 amended by section 1 of part Q of chapter 55 of the laws of 2024, is 20 amended to read as follows: 21 2. Notwithstanding the provisions of subdivision one of this section, 22 where the state and an employee organization representing state officers 23 and employees who are in positions which are in collective negotiating 24 units established pursuant to article fourteen of the civil service law 25 enter into an agreement providing for an alternative procedure for the 26 payment of salaries to such employees or where the director of employee 27 relations shall authorize an alternative procedure for the payment of 28 salaries to state officers or employees in the executive branch who are 29 in positions which are not in collective negotiating units, such alter- 30 native procedure shall be implemented in lieu of the procedure specified 31 in subdivision one of this section. [Notwithstanding any other provision 32 of law to the contrary, where the state and an employee organization 33 representing officers and employees in the executive branch who are in 34 positions which are in collective negotiating units established pursuant 35 to article fourteen of the civil service law enter into an agreement, or 36 where the director of employee relations shall authorize for officers 37 and employees in the executive branch who are in positions which are not 38 in collective negotiating units, the alternate procedure specified here- 39 in shall be terminated for officers and employees hired on or after July 40 first, two thousand twenty-five. The alternate procedure specified here- 41 in shall also be terminated for: (i) nonjudicial officers and employees 42 of the unified court system hired on or after July first, two thousand 43 twenty-five, if the chief administrator of the courts so elects; (ii) 44 employees of the senate hired on or after July first, two thousand twen- 45 ty-five, if the temporary president of the senate so elects; (iii) 46 employees of the assembly hired on or after July first, two thousand 47 twenty-five, if the speaker of the assembly so elects; and (iv) employ- 48 ees of joint legislative employers hired on or after July first, two 49 thousand twenty-five, if the temporary president of the senate and the 50 speaker of the assembly mutually so elect for all such joint legislative 51 employers. Any election made pursuant to paragraph (i), (ii), (iii), or 52 (iv) of this subdivision shall be in writing and filed with the state 53 comptroller not later than thirty days after the enactment of this 54 legislation.] 
 S. 3005 49 A. 3005 1 § 2. The state finance law is amended by adding a new section 210 to 2 read as follows: 3 § 210. Optional payment election. Notwithstanding any other provision 4 of law to the contrary, where the state and an employee organization 5 representing officers and employees in the executive branch who are in 6 positions which are in collective negotiating units established pursuant 7 to article fourteen of the civil service law enter into an agreement, or 8 where the director of employee relations shall authorize for officers 9 and employees in the executive branch who are in positions which are not 10 in collective negotiating units, new employees hired on or after July 11 first, two thousand twenty-six, may elect to receive an optional 12 payment, which shall be in an amount determined by such agreement or for 13 officers and employees in the executive branch who are in positions 14 which are not in collective negotiating units, at a rate to be deter- 15 mined by the director of the division of the budget. Such payment shall 16 not be considered basic annual salary and shall not be included as 17 compensation for retirement purposes. Such payment shall be recovered to 18 the state within the first fourteen pay periods after such payment. The 19 payment specified herein shall also be implemented for: (a) 20 nonjudicial officers and employees of the unified court system hired on 21 or after July first, two thousand twenty-six, if the chief adminis- 22 trator of the courts so elects; (b) employees of the senate hired on or 23 after July first, two thousand twenty-six, if the temporary presi- 24 dent of the senate so elects; (c) employees of the assembly hired on 25 or after July first, two thousand twenty-six, if the speaker of the 26 assembly so elects; and (d) employees of joint legislative employ- 27 ers hired on or after July first, two thousand twenty-six, if the 28 temporary president of the senate and the speaker of the assembly mutu- 29 ally so elect for all such joint legislative employers. Any election 30 made pursuant to subdivision (a), (b), (c), or (d) of this section shall 31 be in writing and filed with the state comptroller no later than Septem- 32 ber thirtieth, two thousand twenty-five. 33 § 3. This act shall take effect July 1, 2025; provided however, that 34 section one of this act shall take effect on the same date and in the 35 same manner as section one of part Q of chapter 55 of the laws of 2024, 36 takes effect. 37 PART X 38 Section 1. The state technology law is amended by adding a new section 39 103-e to read as follows: 40 § 103-e. Cybersecurity awareness training. 1. (a) Employees of the 41 state who use technology as a part of their official job duties shall 42 take annual cybersecurity awareness training beginning January first, 43 two thousand twenty-six. Employees of the state shall be required to 44 complete the training provided by the office. 45 (b) For purposes of this section, "employees of the state" shall 46 include employees of all state agencies and all public benefit corpo- 47 rations, the heads of which are appointed by the governor. 48 2. Employees of a county, a city, a town, or a village who use tech- 49 nology as a part of their official job duties shall take annual cyberse- 50 curity awareness training beginning January first, two thousand twenty- 51 six. The office shall make a cybersecurity training available for use by 52 a county, a city, a town, or a village at no charge, but such training 53 shall not be the exclusive means for meeting the requirements of this 54 section. 
 S. 3005 50 A. 3005 1 § 2. This act shall take effect immediately. 2 PART Y 3 Section 1. Section 2 of part F of chapter 60 of the laws of 2015, 4 constituting the infrastructure investment act, subdivision (a) as 5 amended and subdivision (g) as added by section 1 of part AA of chapter 6 58 the laws of 2022, is amended to read as follows: 7 § 2. For the purposes of this act: (a) (i) "authorized state entity" 8 shall mean the New York state thruway authority, the department of 9 transportation, the office of parks, recreation and historic preserva- 10 tion, the department of environmental conservation, the New York state 11 bridge authority, the office of general services, the dormitory authori- 12 ty, the urban development corporation, the state university construction 13 fund, the state university of New York as defined in subdivision 3 of 14 section 352 of the education law, the city university construction fund, 15 the New York state Olympic regional development authority and the 16 battery park city authority. 17 (ii) Notwithstanding the provisions of subdivision 26 of section 1678 18 of the public authorities law, section 8 of the public buildings law, 19 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as 20 amended, section 103 of the general municipal law, and the provisions of 21 any other law to the contrary, the term "authorized state entity" shall 22 also refer to only those agencies or authorities identified below solely 23 in connection with the following authorized projects, provided that such 24 an authorized state entity may utilize the alternative delivery [method] 25 methods referred to as design-build contracts or construction manager as 26 constructor contracts solely in connection with the following authorized 27 projects should the total cost of each such project not be less than 28 five million dollars($5,000,000): 29 Authorized Projects Authorized State Entity 30 1. Frontier Town Urban Development Corporation 31 2. Life Sciences Laboratory Dormitory Authority & Urban 32 Development Corporation 33 3. Whiteface Transformative Projects New York State Olympic Regional 34 Development Authority 35 4. Gore Transformative Projects New York State Olympic Regional 36 Development Authority 37 5. Belleayre Transformative Projects New York State Olympic Regional 38 Development Authority 39 6. Mt. Van Hoevenberg Transformative New York State Olympic Regional 40 Projects Development Authority 41 7. Olympic Training Center New York State Olympic Regional 42 Development Authority 43 8. Olympic Arena and Convention New York State Olympic Regional 44 Center Complex Development Authority 45 9. State Fair Revitalization Office of General 46 Projects Services 47 10. State Police Forensic Office of General 48 Laboratory Services 
 S. 3005 51 A. 3005 1 Notwithstanding any provision of law to the contrary, all rights or 2 benefits, including terms and conditions of employment, and protection 3 of civil service and collective bargaining status of all existing 4 employees of authorized state entities shall be preserved and protected. 5 Nothing in this section shall result in the: (1) displacement of any 6 currently employed worker or loss of position (including partial 7 displacement such as a reduction in the hours of non-overtime work, 8 wages, or employment benefits) or result in the impairment of existing 9 collective bargaining agreements; (2) transfer of existing duties and 10 functions related to maintenance and operations currently performed by 11 existing employees of authorized state entities to a contracting entity; 12 or (3) transfer of future duties and functions ordinarily performed by 13 employees of authorized state entities to the contracting entity. Noth- 14 ing contained herein shall be construed to affect (A) the existing 15 rights of employees pursuant to an existing collective bargaining agree- 16 ment, and (B) the existing representational relationships among employee 17 organizations or the bargaining relationships between the employer and 18 an employee organization. 19 If otherwise applicable, authorized projects undertaken by the author- 20 ized state entities listed above solely in connection with the 21 provisions of this act shall be subject to section 135 of the state 22 finance law, section 101 of the general municipal law, and section 222 23 of the labor law; provided, however, that an authorized state entity may 24 fulfill its obligations under section 135 of the state finance law or 25 section 101 of the general municipal law by requiring the contractor to 26 prepare separate specifications in accordance with section 135 of the 27 state finance law or section 101 of the general municipal law, as the 28 case may be. Provided further, that authorized projects with a total 29 construction cost of not less than twenty-five million dollars 30 ($25,000,000) undertaken by the authorized state entities listed above 31 solely in connection with the provisions of this act shall only be 32 undertaken pursuant to a project labor agreement in accordance with 33 section 222 of the labor law. If a project labor agreement is not 34 performed on the authorized project, the authorized state entity shall 35 not utilize a design-build or construction manager as constructor 36 contract for such project. Prior to utilizing the alternative delivery 37 [method] methods referred to as design-build or construction manager as 38 constructor contracts for the authorized projects listed in this subpar- 39 agraph with a total construction cost of less than twenty-five million 40 dollars ($25,000,000), the authorized state entities listed above shall 41 conduct a feasibility study in accordance with section 222 of the labor 42 law. 43 (b) "best value" shall mean the basis for awarding contracts for 44 services to the offerer that optimize quality, cost and efficiency, 45 price and performance criteria, which may include, but is not limited 46 to: 47 1. The quality of the contractor's performance on previous projects; 48 2. The timeliness of the contractor's performance on previous 49 projects; 50 3. The level of customer satisfaction with the contractor's perform- 51 ance on previous projects; 52 4. The contractor's record of performing previous projects on budget 53 and ability to minimize cost overruns; 54 5. The contractor's ability to limit change orders; 55 6. The contractor's ability to prepare appropriate project plans; 56 7. The contractor's technical capacities; 
 S. 3005 52 A. 3005 1 8. The individual qualifications of the contractor's key personnel; 2 9. The contractor's ability to assess and manage risk and minimize 3 risk impact; and 4 10. The contractor's past record of compliance with article 15-A of 5 the executive law. 6 Such basis shall reflect, wherever possible, objective and quantifi- 7 able analysis. 8 (c) "capital project" shall have the same meaning as such term is 9 defined by subdivision 2-a of section 2 of the state finance law. 10 (d) "construction manager as constructor contract" means a contract 11 implementing a project delivery method whereby a construction manager: 12 (i) is retained by the owner at the time of the design phase and is 13 responsible for working collaboratively as part of a team in conjunction 14 with the owner and owner's separately retained design firm; 15 (ii) is responsible for developing and providing the owner with a 16 proposed guaranteed maximum price to construct the project in accordance 17 with the design and pursuant to subdivision (a) of section thirteen of 18 this part; 19 (iii) during the construction phase, is responsible for the services 20 of the construction manager and general contractor for agreed upon 21 compensation as set forth in the construction manager as constructor 22 contract; and 23 (iv) assumes the responsibility for construction, the period of time 24 for performance, and the costs exceeding an amount specified in the 25 construction manager as constructor contract. 26 (e) "cost plus" shall mean compensating a contractor for the cost to 27 complete a contract by reimbursing actual costs for labor, equipment and 28 materials plus an additional amount for overhead and profit. 29 [(e)] (f) "design-build contract" shall mean a contract for the design 30 and construction of a capital project with a single entity, including 31 progressive design-build, which may be a team comprised of separate 32 entities. 33 [(f)] (g) "procurement record" means documentation of the decisions 34 made and the approach taken in the procurement process. 35 [(g)] (h) "project labor agreement" shall have the meaning set forth 36 in subdivision 1 of section 222 of the labor law. A project labor agree- 37 ment shall require participation in apprentice training programs. 38 § 2. Section 3 of part F of chapter 60 of the laws of 2015, constitut- 39 ing the infrastructure investment act, as amended by section 2 of part 40 AA of chapter 58 of the laws of 2022, is amended to read as follows: 41 § 3. Notwithstanding the provisions of section 38 of the highway law, 42 [section] sections 136-a and 163 of the state finance law, sections 359, 43 1678, 1680 and 1680-a of the public authorities law, sections 376, 44 407-a, 6281 and 7210 of the education law, sections 8 and 9 of the 45 public buildings law, section 103 of the general municipal law, and the 46 provisions of any other law to the contrary, and in conformity with the 47 requirements of this act, an authorized state entity may utilize the 48 alternative delivery [method] methods referred to as design-build or 49 construction manager as constructor contracts, in consultation with 50 relevant local labor organizations and construction industry, unless 51 otherwise provided below, for capital projects located in the state 52 related to physical infrastructure, including, but not limited to, high- 53 ways, bridges, buildings and appurtenant structures, dams, flood control 54 projects, canals, and parks, including, but not limited to, to repair 55 damage caused by natural disaster, to correct health and safety defects, 56 to comply with federal and state laws, standards, and regulations, to 
 S. 3005 53 A. 3005 1 extend the useful life of or replace highways, bridges, buildings and 2 appurtenant structures, dams, flood control projects, canals, and parks 3 or to improve or add to highways, bridges, buildings and appurtenant 4 structures, dams, flood control projects, canals, and parks; provided 5 that for the contracts executed by the department of transportation, the 6 office of parks, recreation and historic preservation, or the department 7 of environmental conservation, the total cost of each such project shall 8 not be less than ten million dollars ($10,000,000). Provided further 9 that authorized state entities may only utilize the alternative delivery 10 [method] methods referred to as design-build or construction manager as 11 constructor contracts on projects with a total construction cost of not 12 less than twenty-five million dollars ($25,000,000) if undertaken pursu- 13 ant to a project labor agreement in accordance with section 222 of the 14 labor law. If a project labor agreement is not performed on [the] such 15 project, the authorized state entity shall not utilize a design-build or 16 construction manager as constructor contract for such project. The use 17 of a project labor agreement on a federal aid project shall not be 18 required where the federal government prohibits or disapproves of the 19 use of a project labor agreement on such a federal aided project. Prior 20 to utilizing the alternative delivery [method] methods referred to as 21 design-build or construction manager as constructor contracts for 22 projects with a total construction cost of less than twenty-five million 23 dollars ($25,000,000), authorized state entities shall conduct a feasi- 24 bility study in accordance with section 222 of the labor law. 25 § 3. Section 4 of part F of chapter 60 of the laws of 2015, constitut- 26 ing the infrastructure investment act, as amended by section 4 of part 27 RRR of chapter 59 of the laws of 2017, the opening paragraph and subdi- 28 vision (a) as amended by section 2 of part DD of chapter 58 of the laws 29 of 2020, is amended to read as follows: 30 § 4. An entity selected by an authorized state entity to enter into a 31 design-build or construction manager as constructor contract shall be 32 selected through a one or two-step method, as follows: 33 (a) Step one. Generation of a list of entities that have demonstrated 34 the general capability to perform the design-build or construction 35 manager as constructor contract. Such list shall consist of a specified 36 number of entities, as determined by an authorized state entity, and 37 shall be generated based upon the authorized state entity's review of 38 responses to a publicly advertised request for qualifications. The 39 authorized state entity's request for qualifications shall include a 40 general description of the project, the maximum number of entities to be 41 included on the list, the selection criteria to be used and the relative 42 weight of each criteria in generating the list. Such selection criteria 43 shall include the qualifications and experience, as applicable, of the 44 construction management, design [and] and/or construction [team] teams, 45 organization, demonstrated responsibility, ability of the team or of a 46 member or members of the team to comply with applicable requirements, 47 including the provisions of articles 145, 147 and 148 of the education 48 law, past record of compliance with the labor law, and such other quali- 49 fications the authorized state entity deems appropriate which may 50 include but are not limited to project understanding, financial capabil- 51 ity and record of past performance. The authorized state entity shall 52 evaluate and rate all entities responding to the request for qualifica- 53 tions. Based upon such ratings, the authorized state entity shall list 54 the entities that shall receive a request for proposals in accordance 55 with subdivision (b) of this section. To the extent consistent with 56 applicable federal law, the authorized state entity shall consider, when 
 S. 3005 54 A. 3005 1 awarding any contract pursuant to this section, the participation of: 2 (i) firms certified pursuant to article 15-A of the executive law as 3 minority or women-owned businesses and the ability of other businesses 4 under consideration to work with minority and women-owned businesses so 5 as to promote and assist participation by such businesses; [and] (ii) 6 small business concerns identified pursuant to subdivision (b) of 7 section 139-g of the state finance law and (iii) firms certified pursu- 8 ant to article 17-B of the executive law as service-disabled veteran- 9 owned businesses and the ability of other businesses under consideration 10 to work with service-disabled veteran-owned businesses so as to promote 11 and assist participation by such businesses. 12 (b) Step two. Selection of the proposal which is the best value to the 13 authorized state entity. The authorized state entity shall issue a 14 request for proposals to the entities listed pursuant to subdivision (a) 15 of this section. If such an entity consists of a team of separate enti- 16 ties, the entities that comprise such a team must remain unchanged from 17 the entity as listed pursuant to subdivision (a) of this section unless 18 otherwise approved by the authorized state entity. The request for 19 proposals shall set forth the project's scope of work, and other 20 requirements, as determined by the authorized state entity. The request 21 for proposals shall specify the criteria to be used to evaluate the 22 responses and the relative weight of each such criteria. Such criteria 23 shall include, as applicable, the proposal's cost, the quality of the 24 proposal's solution, the qualifications and experience of the design- 25 build or construction manager as constructor entity, and other factors 26 deemed pertinent by the authorized state entity, which may include, but 27 shall not be limited to, the proposal's project implementation, ability 28 to complete the work in a timely and satisfactory manner, maintenance 29 costs of the completed project, maintenance of traffic approach, and 30 community impact. Any contract awarded pursuant to this act shall be 31 awarded to a responsive and responsible entity that submits the 32 proposal, which, in consideration of these and other specified criteria 33 deemed pertinent to the project, offers the best value to the authorized 34 state entity, as determined by the authorized state entity. The request 35 for proposals shall include a statement that entities shall designate in 36 writing those portions of the proposal that contain trade secrets or 37 other proprietary information that are to remain confidential; that the 38 material designated as confidential shall be readily separable from the 39 entity's proposal. Nothing herein shall be construed to prohibit the 40 authorized entity from negotiating final contract terms and conditions 41 including cost. All proposals submitted shall be scored according to the 42 criteria listed in the request for proposals and such final scores shall 43 be published on the authorized state entity's website. 44 § 4. Section 11 of part F of chapter 60 of the laws of 2015, consti- 45 tuting the infrastructure investment act, is amended to read as follows: 46 § 11. The submission of a proposal or responses or the execution of a 47 design-build or construction manager as constructor contract pursuant to 48 this act shall not be construed to be a violation of section 6512 of the 49 education law. 50 § 5. Subdivision (a) of section 13 of part F of chapter 60 of the laws 51 of 2015, constituting the infrastructure investment act, as amended by 52 section 11 of part RRR of chapter 59 of the laws of 2017 and paragraph 3 53 as amended by section 4 of part DD of chapter 58 of the laws of 2020, is 54 amended to read as follows: 55 (a) Notwithstanding the provisions of any other law to the contrary, 56 the authorized state entity may award a [construction] contract[: 
 S. 3005 55 A. 3005 1 1. To] to the design-build contractor or construction manager as 2 constructor contractor [offering]: 3 1. Offering the best value; or 4 2. Utilizing a cost-plus not to exceed guaranteed maximum price form 5 of contract in which the authorized state entity shall be entitled to 6 monitor and audit all project costs. In establishing the schedule and 7 process for determining a guaranteed maximum price, the contract between 8 the authorized state entity and the design-build contractor or 9 construction manager as constructor contractor shall: 10 (i) describe the scope of the work and the cost of performing such 11 work; 12 (ii) include a detailed line item cost breakdown; 13 (iii) include a list of all drawings, specifications and other infor- 14 mation on which the guaranteed maximum price is based; 15 (iv) include the dates for substantial and final completion on which 16 the guaranteed maximum price is based; and 17 (v) include a schedule of unit prices; or 18 3. [(i)] Utilizing a lump sum contract in which the design-build 19 contractor or construction manager as constructor contractor agrees to 20 accept a set dollar amount for a contract which comprises a single bid 21 without providing a cost breakdown for all costs such as for equipment, 22 labor, materials, as well as such contractor's profit for completing all 23 items of work comprising the project, which lump sum price may be nego- 24 tiated and established by the authorized state entity based on a 25 proposed guaranteed maximum price[.]; or 26 [(ii) The design-build contract may include] 4. utilizing a contract 27 that includes both lump sum elements and cost-plus not to exceed guaran- 28 teed maximum price elements [and], which contract may also provide for 29 professional services on a fee-for-service basis. 30 § 6. Section 14 of part F of chapter 60 of the laws of 2015, consti- 31 tuting the infrastructure investment act, is amended to read as follows: 32 § 14. Prequalified contractors. (a) Notwithstanding any other 33 provision of law, the authorized state entity [may maintain a list of 34 prequalified contractors who are eligible to submit a proposal pursuant 35 to this act and entry into such list shall be continuously available] 36 when awarding any contract for public work may establish guidelines 37 governing the qualifications of contractors seeking to bid, propose or 38 enter into such contract. Prospective contractors may be prequalified as 39 contractors to provide particular types of construction, in accordance 40 with general criteria established by the authorized state entity which 41 may include, but shall not be limited to, the experience, past perform- 42 ance, ability to undertake the type and complexity of work, financial 43 capability, responsibility, compliance with equal employment opportunity 44 requirements and anti-discrimination laws, and reliability. Such 45 prequalification may be by categories designed by size, value, 46 geography, and other factors. If the authorized state entity maintains 47 an appropriate list of qualified contractors, the contract shall be 48 awarded consistent with guidelines established by the authorized state 49 entity. 50 (b) The authorized state entity shall, not less than annually, publish 51 in a newspaper of general circulation or post in the New York State 52 Contract Reporter an advertisement requesting prospective contractors to 53 submit qualification statements. Lists of pre-qualified contractors may 54 be established on a project-specific basis. Pre-qualified lists shall 55 include all contractors that qualify; provided, however, that any such 56 list shall have no less than five bidders. A contractor who is denied 
 S. 3005 56 A. 3005 1 prequalification or whose prequalification is revoked or suspended by 2 the authorized state entity may appeal such decision to the authorized 3 state entity. If such a suspension extends for more than three months, 4 it shall be deemed a revocation of the prequalification. The authorized 5 state entity may proceed with the contract award during any appeal. 6 § 7. Section 15-b of part F of chapter 60 of the laws of 2015, consti- 7 tuting the infrastructure investment act, as added by section 5 of part 8 DD of chapter 58 of the laws of 2020, is amended to read as follows: 9 § 15-b. Public employees as defined by paragraph (a) of subdivision 7 10 of section 201 of the civil service law and who are employed by author- 11 ized entities as defined in paragraph (i) of subdivision (a) of section 12 two of this act shall examine and review certifications provided by 13 contractors for conformance with material source testing, certifications 14 testing, surveying, monitoring of environmental compliance, independent 15 quality control testing and inspection and quality assurance audits. 16 Performance by authorized entities of any review described in this 17 subdivision shall not be construed to modify or limit contractors' obli- 18 gations to perform work in strict accordance with the applicable 19 design-build or construction manager as constructor contracts or the 20 contractors' or any subcontractors' obligations or liabilities under any 21 law. 22 § 8. Section 16 of part F of chapter 60 of the laws of 2015, consti- 23 tuting the infrastructure investment act, as amended by section 6 of 24 part DD of chapter 58 of the laws of 2020, is amended to read as 25 follows: 26 § 16. A report shall be submitted on or no later than June 30, 2021 27 and annually thereafter, to the governor, the temporary president of the 28 senate and the speaker of the assembly by the New York state office of 29 general services on behalf of authorized entities defined in paragraph 30 (i) of subdivision (a) of section two of this act containing information 31 on each authorized state entity that has entered into a design-build or 32 construction manager as constructor contract pursuant to this act, which 33 shall include, but not be limited to, a description of each such 34 design-build or construction manager as constructor contract, informa- 35 tion regarding the procurement process for each such design-build or 36 construction manager as constructor project, including the list of qual- 37 ified bidders, the total cost of each design-build or construction 38 manager as constructor project, an explanation of the estimated cost and 39 schedule savings of each project, an explanation of how the savings were 40 determined, the participation rate and total dollar value of minority- 41 and women-owned business enterprises and service-disabled veteran-owned 42 businesses, and whether a project labor agreement was used, and if 43 applicable, the justification for using a project labor agreement. Such 44 report shall also be posted on the website of the New York state office 45 of general services for public review. 46 § 9. This act shall take effect immediately; provided, however, that 47 the amendments to part F of chapter 60 of the laws of 2015 made by 48 sections one, two, three, four, five, six, seven and eight of this act 49 shall not affect the repeal of such part and shall be deemed repealed 50 therewith. 51 PART Z 52 Section 1. Section 13-a of chapter 749 of the laws of 2019, constitut- 53 ing the New York city public works investment act, as added by chapter 54 534 of the laws of 2024, is amended to read as follows: 
 S. 3005 57 A. 3005 1 § 13-a. (a) For purposes of this section: 2 [(1)] "Construction manager build" shall mean a project delivery meth- 3 od whereby a construction manager: 4 (i) serves as part of a team in conjunction with the owner in the 5 design phase of the project; 6 (ii) under the oversight of the owner, acts as the single source of 7 responsibility to bid, select and hold construction contracts on behalf 8 of the owner during the construction phase; and 9 (iii) manages the construction project on behalf of the owner. 10 [(2) "Department" shall mean the New York city department of design 11 and construction.] 12 (b) This section may only be applied to: 13 (1) Design-build contracts solicited by [the department] an authorized 14 entity that have an estimated cost of not less than ten million 15 dollars[,] and are undertaken pursuant to a project labor agreement in 16 accordance with section 222 of the labor law [and in connection with a 17 project that is primarily related to: 18 (i) water or sewer infrastructure, and primarily consists of the 19 replacement of existing, or installation of new, water mains or sewers 20 or the installation of assets to manage stormwater flow, or a combina- 21 tion of the foregoing; or 22 (ii) coastal resiliency, and primarily consists of flood walls, 23 deployable gates, the relocation or protection of existing infrastruc- 24 ture from flooding, or a combination of the foregoing]; or 25 (2) Construction manager build contracts solicited by [the department] 26 an authorized entity that have an estimated cost of not less than five 27 million dollars[,] and are undertaken pursuant to a project labor agree- 28 ment in accordance with section 222 of the labor law [and in connection 29 with a project for the construction or renovation of a cultural institu- 30 tion located on publicly owned real property on behalf of the New York 31 city department of cultural affairs or a public library in the city of 32 New York]. 33 (c) Notwithstanding any general, special, or local law, rule, or regu- 34 lation to the contrary, a contractor selected by [the department] an 35 authorized entity to enter into a construction manager build contract 36 pursuant to this section shall be selected through the two-step method 37 described in subdivision (a) of section four of this act. The [depart- 38 ment] authorized entity may use the types of contracts identified in 39 subdivision (b) of section four of this act for contracts procured using 40 the construction manager build delivery method. 41 (d) Where [the department] an authorized entity determines in writing 42 that it is in the best interest of the public to solicit proposals using 43 the design-build contract delivery method in connection with a project 44 that meets the criteria set forth in paragraph one of subdivision (b) of 45 this section, without generating a list pursuant to the process set 46 forth in paragraph one of subdivision (a) of section four of this act, 47 [the department] such authorized entity shall release, evaluate and 48 score a request for proposals pursuant to the procedure set forth in 49 subdivision (e) of this section. To the extent consistent with applica- 50 ble federal law, [the department] such authorized entity shall consider, 51 when soliciting proposals and awarding any contract pursuant to this 52 section, the participation of (i) entities that are certified as minori- 53 ty- or women-owned business enterprises pursuant to article fifteen-A of 54 the executive law, or certified pursuant to local law as minority- or 55 women-owned business enterprises, and (ii) small business concerns iden- 56 tified pursuant to subdivision (b) of section one hundred thirty-nine-g 
 S. 3005 58 A. 3005 1 of the state finance law. In addition, nothing in this section shall be 2 deemed to supersede any pre-qualification guidelines or requirements 3 otherwise authorized by law for [the department] such authorized entity. 4 (e) The request for proposals shall set forth the public work's scope 5 of work, and other requirements, as determined by the [department] 6 authorized entity, which may include separate goals for work under the 7 contract to be performed by businesses certified as minority- or women- 8 owned business enterprises pursuant to article fifteen-A of the execu- 9 tive law or certified pursuant to local law as minority- or women-owned 10 business enterprises. The request for proposals shall also specify the 11 criteria to be used to evaluate the responses and the relative weight of 12 each of such criteria. Such criteria shall include the proposal's cost, 13 the quality of the proposal's solution, the qualifications and experi- 14 ence of the proposer, and other factors deemed pertinent by the [depart- 15 ment] authorized entity, which may include, but shall not be limited to, 16 the proposal's manner and schedule of project implementation, the 17 proposer's ability to complete the work in a timely and satisfactory 18 manner, maintenance costs of the completed public work, maintenance of 19 traffic approach, and community impact. A contract awarded pursuant to 20 this section shall be awarded to a responsive and responsible proposer, 21 which, in consideration of these and other specified criteria deemed 22 pertinent, offers the best value, as determined by the [department] 23 authorized entity. The [department] authorized entity may engage in 24 negotiations or other discussions with all qualified proposers that have 25 expressed interest in response to the request for proposals released 26 pursuant to subdivision (d) of this section, provided that such [depart- 27 ment] authorized entity maintains a written record of the conduct of 28 negotiations or discussions and the basis for every determination to 29 continue or suspend negotiations, and, provided, further, that if such 30 [department] authorized entity determines for a particular contract or 31 for a particular type of contract that it is in the best interest of the 32 public to negotiate or enter into discussions with fewer proposers, it 33 shall make such a determination in writing. If such [department] author- 34 ized entity enters into such negotiations, such [department] authorized 35 entity shall allow all proposers to revise their proposals upon conclu- 36 sion of negotiations, and shall evaluate any such revised proposals 37 using the criteria included in the request for proposals. The request 38 for proposals shall include a statement that proposers shall designate 39 in writing those portions of the proposal that contain trade secrets or 40 other proprietary information that are to remain confidential; that the 41 material designated as confidential shall be readily separable from the 42 proposal. Nothing in this section shall be construed to prohibit the 43 authorized entity from negotiating final contract terms and conditions 44 including cost. All proposals submitted shall be scored according to 45 the criteria listed in the request for proposals and such final 46 scores shall be published on the authorized entity's website after 47 registration of such contract or the date upon which such contract may 48 be implemented, if registration requirements do not apply. 49 (f) The reporting requirement set forth in section thirteen of this 50 act shall apply to contracts procured pursuant to this section, provided 51 that the requirement that such report include a list of responding enti- 52 ties shall not apply to any contract where no such list was generated. 53 Such report shall include a description of the scope of work for each 54 project, whether the project used the design-build or construction 55 manager build method as described in subdivision (b) of this section, 56 the percentage of alternative project delivery contracts that used the 
 S. 3005 59 A. 3005 1 methods described in subdivision (b) of this section, the type of 2 contract described in subdivision (b) of section four of this act that 3 was used to procure the project, information regarding the total 4 contract price upon contract award, the total contract price upon final 5 completion of the project, the [department's] authorized entity's 6 initial projected estimate of the cost of the project and the partic- 7 ipation rate of and total dollar value of monies paid to minority- and 8 women-owned business enterprises and small business concerns under 9 alternative project delivery contracts. 10 § 2. This act shall take effect immediately; provided however, that 11 the amendments to chapter 749 of the laws of 2019 made by section one of 12 this act shall not affect the expiration and repeal of such chapter and 13 shall be deemed repealed therewith. 14 PART AA 15 Section 1. Subdivision 2 of section 13-b of the workers' compensation 16 law is amended by adding a new paragraph (b-2) to read as follows: 17 (b-2) Under the supervision of any authorized provider, any resident 18 or fellow who may practice medicine as an exempt person as provided for 19 in title eight of the education law, may render medical care under this 20 chapter so long as the supervisory requirements of the education law are 21 met and neither the supervising provider nor resident or fellow have 22 been prohibited from treating workers' compensation claimants pursuant 23 to section thirteen-d of this article. 24 § 2. This act shall take effect immediately. 25 PART BB 26 Section 1. Section 13-a of the workers' compensation law, as added by 27 chapter 258 of the laws of 1935, subdivision 1 as amended by chapter 363 28 of the laws of 1989, subdivision 2 as amended by chapter 113 of the laws 29 of 1946, subdivision 4 as amended by chapter 473 of the laws of 2000, 30 subdivisions 5 and 6 as amended by section 8 of part CC of chapter 55 of 31 the laws of 2019, and subdivision 7 as added by chapter 6 of the laws of 32 2007, is amended to read as follows: 33 § 13-a. Selection of authorized [physician] provider by employee. (1) 34 An injured employee may, when care is required, select to treat [him or 35 her] them any [physician] provider authorized by the chair to render 36 medical care, as hereafter provided. If for any reason during the period 37 when medical treatment and care is required, the employee wishes to 38 transfer [his or her] their treatment and care to another authorized 39 [physician] provider, [he or she] they may do so, in accordance with 40 rules prescribed by the chair. In such instance the remuneration of the 41 [physician] provider whose services are being dispensed with shall be 42 limited to the value of treatment rendered at fees as established in the 43 schedule for [his or her] their location, unless payment in higher 44 amounts has been approved as authorized in [section thirteen, paragraph] 45 subdivision a of section thirteen of this article. If a claimant shall 46 receive treatment in any hospital or other institution operated in whole 47 or in part by the state of New York, the employer shall be liable for 48 food, clothing and maintenance furnished by the hospital or other insti- 49 tution to such employee. If the employee is unable due to the nature of 50 the injury to select such authorized [physician] provider and the emer- 51 gency nature of the injury requires immediate medical treatment and 52 care, or if [he or she does] they do not desire to select a [physician] 
 S. 3005 60 A. 3005 1 provider, and in writing so advises the employer, the employer shall 2 promptly provide [him or her] them with the necessary medical care, 3 provided however, that nothing herein contained shall operate to prevent 4 such employee, when subsequently able to do so, from selecting for 5 continuance of any medical treatment or care required, any [physician] 6 provider authorized by the chair to render medical care as hereinafter 7 provided. 8 (2) The [chairman] chair shall prescribe the form of a notice inform- 9 ing employees of their privilege under this chapter, and such notice 10 shall be posted and maintained by the employer in a conspicuous place or 11 places in and about [his] their place or places of business. 12 (3) The employer shall have the right to transfer the care of an 13 injured employee from the attending [physician] provider, whether chosen 14 originally by the employee or by the employer, to another authorized 15 [physician] provider (1) if the interest of the injured employee neces- 16 sitates the transfer or (2) if the [physician has not been authorized to 17 treat injured employees under this act or (3) if he has not been author- 18 ized under this act to treat the particular injury or condition as 19 provided by section thirteen-b (2)] provider is currently placed on the 20 exclusion list. An authorized [physician] provider from whom the case 21 has been transferred shall have the right of appeal to an arbitration 22 committee as provided in subdivision two of section thirteen-g of this 23 article and if said arbitration committee finds that the transfer was 24 not authorized by this section, said employer shall pay to the [physi- 25 cian] provider a sum equal to the total fee earned by the [physician] 26 provider to whom the care of the injured employee has been transferred, 27 or such proportion of said fee as the arbitration committee shall deem 28 adequate. 29 (4) (a) No claim for medical or surgical treatment shall be valid and 30 enforceable, as against such employer, or employee, unless within 31 forty-eight hours following the first treatment the [physician] provider 32 giving such treatment furnishes to the employer and directly to the 33 chair a preliminary notice of such injury and treatment, within fifteen 34 days thereafter a more complete report and subsequent thereto progress 35 reports if requested in writing by the chair, board, employer or insur- 36 ance carrier at intervals of not less than three weeks apart or at less 37 frequent intervals if requested on forms prescribed by the chair. The 38 board may excuse failure to give such notices within the designated 39 periods when it finds it to be in the interest of justice to do so. 40 (b) Upon receipt of the notice provided for by paragraph (a) of this 41 subdivision, the employer, the carrier, and the claimant each shall be 42 entitled to have the claimant examined by a [physician] provider author- 43 ized by the chair in accordance with sections thirteen-b and one hundred 44 thirty-seven of this chapter, at a medical facility convenient to the 45 claimant and in the presence of the claimant's [physician] provider, and 46 refusal by the claimant to submit to such independent medical examina- 47 tion at such time or times as may reasonably be necessary in the opinion 48 of the board, shall bar the claimant from recovering compensation for 49 any period during which [he or she] the claimant has refused to submit 50 to such examination. No hospital shall be required to produce the 51 records of any claimant without receiving its customary fees or charges 52 for reproduction of such records. 53 (c) Where it would place an unreasonable burden upon the employer or 54 carrier to arrange for, or for the claimant to attend, an independent 55 medical examination by an authorized [physician] provider, the employer 56 or carrier shall arrange for such examination to be performed by a qual- 
 S. 3005 61 A. 3005 1 ified [physician] provider in a medical facility convenient to the 2 claimant. 3 (d) The independent medical examiner shall provide such reports and 4 shall submit to investigation as required by the chair. 5 (e) In order to qualify as admissible medical evidence, for purposes 6 of adjudicating any claim under this chapter, any report submitted to 7 the board by an independent medical examiner licensed by the state of 8 New York shall include the following: 9 (i) a signed statement certifying that the report is a full and truth- 10 ful representation of the independent medical examiner's professional 11 opinion with respect to the claimant's condition: 12 (ii) such examiner's board issued authorization number; 13 (iii) the name of the individual or entity requesting the examination; 14 (iv) if applicable, the registration number as required by section 15 thirteen-n of this article; and 16 (v) such other information as the chair may require by regulation. 17 Any report by an independent medical examiner who is not authorized, 18 and who performs an independent medical examination in accordance with 19 paragraph (c) of this subdivision, which is to be used as medical 20 evidence under this chapter, shall include in the report such informa- 21 tion as the chair may require by regulation. 22 (5) No claim for specialist consultations, surgical operations, 23 physiotherapeutic or occupational therapy procedures, x-ray examinations 24 or special diagnostic laboratory tests costing more than one thousand 25 dollars shall be valid and enforceable, as against such employer, unless 26 such special services shall have been authorized by the employer or by 27 the board, or unless such authorization has been unreasonably withheld, 28 or withheld for a period of more than thirty calendar days from receipt 29 of a request for authorization, or unless such special services are 30 required in an emergency, provided, however, that the basis for a denial 31 of such authorization by the employer must be based on a conflicting 32 second opinion rendered by a [physician] provider authorized by the 33 board. The board, with the approval of the superintendent of financial 34 services, shall issue and maintain a list of pre-authorized procedures 35 under this section. Such list of pre-authorized procedures shall be 36 issued and maintained for the purpose of expediting authorization of 37 treatment of injured workers. Such list of pre-authorized procedures 38 shall not prohibit varied treatment when the treating provider demon- 39 strates the appropriateness and medical necessity of such treatment. 40 (6) (a) Any interference by any person with the selection by an 41 injured employee of an authorized [physician] provider to treat [him] 42 such employee, except when the selection is made pursuant to article 43 ten-A of this chapter, and the improper influencing or attempt by any 44 person improperly to influence the medical opinion of any [physician] 45 provider who has treated or examined an injured employee, shall be a 46 misdemeanor; provided, however, that it shall not constitute interfer- 47 ence or improper influence if, in the presence of such injured employ- 48 ee's [physician] provider, an employer, [his] the employer's carrier or 49 agent should recommend or provide information concerning rehabilitation 50 services or the availability thereof to an injured employee or [his] the 51 employee's family. 52 (b) Except as otherwise permitted by law, an employer, carrier, or 53 third-party administrator shall not interfere or attempt to interfere 54 with the selection by an injured employee of, or treatment by, an 55 authorized medical provider, including by directing or attempting to 56 direct that the injured employee seek treatment from a specific provider