NY-EXC Executive Law NY

This chapter shall be known as the "Executive Law."

Office and residence of governor. The office of the governor

shall be known as the executive chamber, and his residence, as the

executive mansion.

Acting governor. Every provision of law relating to the governor

shall extend to the lieutenant-governor, to the president of the senate,

and to the speaker of the assembly respectively, while acting as

governor in pursuance of law.

Secretary and counsel to the governor. A secretary to the

governor shall be appointed by the governor, and shall receive a salary

to be fixed by the governor within the amount appropriated therefor. It

shall be the duty of such secretary to assist the governor in matters

pertaining to the executive department and perform such duties as the

governor may assign to him. The governor may also appoint and at

pleasure remove a counsel to the governor who shall receive a salary to

be fixed by the governor within the amount appropriated therefor. It

shall be the duty of such counsel to advise the governor in regard to

the constitutionality, consistency and legal effect of bills presented

to the governor for his approval and on matters involving the exercise

of executive clemency and such other legal matters as may be referred to

him by the governor.

Chief diversity officer. A chief diversity officer for the

state shall be appointed by the governor and shall receive a salary to

be fixed by the governor within the amount appropriated therefor. The

chief diversity officer's responsibilities shall include the following:

1. Advise and assist the governor in formulating policies relating to

workforce diversity and minority and women's business enterprises;

2. Work with the director of the division of minority and women's

business development to prepare an annual plan for ensuring full

compliance with article fifteen-a of the executive law by state agencies

and the use of diversity practices by such agencies;

3. Advise the governor and the agencies regarding any measures

necessary to ensure full compliance with article fifteen-a of this

chapter and use of diversity practices by state public authorities;

4. Serve as a member of the state procurement council established

under section one hundred sixty-one of the state finance law;

5. Serve as the governor's liaison with organizations representing

minority and women-owned business enterprises and other organizations

related to diversity in the state workforce and in state contracting;

6. Serve as the governor's liaison to the small business advisory

council for issues related to the creation of a diverse workforce and

state procurement practices relating to minority and women-owned

business enterprises;

7. Review and consult with the director of minority and women's

business development regarding policies relating to minority and

women-owned business enterprise contract specialists at state agencies;

and

8. Engage in other actions assigned to him or her by the governor

relating to diversity in hiring or promotion of the state workforce and

in encouraging diversity practices and compliance with article fifteen-a

of this chapter in procurement.

Chief disability officer. 1. Persons with disabilities comprise

a major segment of the state of New York's population and their

particular needs and concerns must be considered as an integral part of

the planning and implementation of all state programs and services

affecting their lives and well-being. The office of the chief disability

officer shall advocate on behalf of persons with disabilities and ensure

that persons with disabilities are afforded the opportunity to exercise

all of the rights and responsibilities accorded to citizens of this

state.

2. For purposes of this article:

(a) "Persons with disabilities" shall mean any person who has a

disability as defined in subdivision twenty-one of section two hundred

ninety-two of this chapter.

(b) "State agency" or "state agencies" shall mean any state

department, board, bureau, division, commission, committee, public

authority, public corporation, council, office or other governmental

entity performing a governmental or proprietary function for the state,

except the judiciary or the state legislature.

3. (a) The governor shall appoint a chief disability officer. The

chief disability officer shall advise and assist state agencies in

developing policies designed to help meet the needs of persons with

disabilities. The chief disability officer shall be appointed by the

governor and receive a salary to be fixed by the governor within the

amounts appropriated therefor.

(b) The chief disability officer shall: (i) be the state's coordinator

for the implementation of the Americans with Disabilities Act; (ii)

coordinate state activities to ensure that state programs do not

discriminate against and are accessible to persons with disabilities;

(iii) ensure that such programs provide services to individuals with

disabilities in the most integrated setting appropriate to their needs;

and (iv) work with state agencies to develop legislation and potential

regulatory changes to help effectuate the duties and responsibilities

required in this article, and any other changes that may significantly

affect the lives of persons with disabilities in the state.

(c) The chief disability officer shall, to the extent practicable,

review and report to the governor upon proposed legislation and

regulations. The chief disability officer shall submit comments, where

appropriate, to the state agency which referred such proposed

legislation and regulations evaluating: (i) the impact of the proposed

legislation or regulation upon persons with disabilities; (ii) the

relationship and impact of such proposed legislation or regulation on

existing programs affecting persons with disabilities; and (iii) any

modifications that would help persons with disabilities or aid in the

implementation of the new proposal. All state agencies shall cooperate

with the chief disability officer to ensure that the chief disability

officer is able to fulfill the requirements under this section.

Executive records. The governor shall cause to be kept in the

executive chamber or in the appropriate state office:

1. Journals of the daily transactions of his office.

2. Registers, containing classified statements of such transactions.

3. Separate registers containing classified statements of all

applications for pardon, commutation or other executive clemency, and of

his action thereon.

4. An account of his official expenses and disbursements, including

the incidental expenses of his department.

5. Files of all official records upon which applications for executive

clemency are founded; of statements made by judges to him; of sentences

to death and of the testimony in capital cases; and of such other papers

relating to the transactions of his office as are deemed by him of

sufficient value for preservation.

Examination and inspection by the governor. The governor is

authorized at any time, either in person or by one or more persons

appointed by him for the purpose, to examine and investigate the

management and affairs of any department, board, bureau or commission of

the state. The governor and the persons so appointed by him are

empowered to subpoena and enforce the attendance of witnesses, to

administer oaths and examine witnesses under oath and to require the

production of any books or papers deemed relevant or material. Whenever

any person so appointed shall not be regularly in the service of the

state his compensation for such services shall be fixed by the governor,

and said compensation and all necessary expenses of such examinations

and investigations shall be paid from the treasury out of any

appropriations made for the purpose upon the order of the governor and

the audit and warrant of the comptroller.

Notwithstanding any inconsistent provision of any general, special or

local law, charter, administrative code or other statute, service

rendered by a person appointed by the governor pursuant to this section

shall not constitute or be deemed state service or re-entry into state

service under the civil service law, the retirement and social security

law or under any charter, administrative code, or other general, special

or local law relating to a state or municipal retirement or pension

system so as to suspend, impair or otherwise affect or interfere with

the pension or retirement status, rights, privileges and benefits of

such person under any such system or to interfere with the right of such

person or his beneficiary to receive any pension or annuity benefits or

death benefits by reason of the selection of any option under any such

system.

Limited operation of holiday. The governor in issuing any

proclamation appointing any day as a holiday or as a day of thanksgiving

or fasting and prayer or other religious observance, under section

twenty-four of the general construction law is authorized, in his

discretion, to limit or restrict the effect and operation of such

proclamation to any city or county to be designated by him in such

proclamation.

Lease or loan of state property; temporary transfer of personnel.

Notwithstanding any inconsistent provisions of law, general, special or

local

1. (a) The governor, from time to time, whenever he deems it to be in

the public interest, may authorize any department or agency of the state

to lease or lend to the army, navy or any branch of the armed forces of

the United States, any real or personal property of the state, on such

terms and conditions as he may deem necessary to promote the public

welfare and protect the interests of the state, making an adequate and

appropriate provision to reimburse the state for any cost of maintenance

and operation and for depreciation and waste. He may also authorize such

department or agency to lease or lend such property to any other agency

of the United States of America performing functions occasioned by the

war or defense effort, or to any other organization subsidized or

authorized directly or indirectly by the United States of America to

perform work or render services occasioned by the war or defense effort,

provided, however, that such lease or loan of property shall be on terms

and conditions which fully compensate the state for its loss or use of

such property. Such compensation shall, in addition to the cost of

maintenance and operation, include, but not be limited to, depreciation

and waste or debt service incidental thereto. Notwithstanding the

foregoing provisions, however, the division of military and naval

affairs of the executive department may be authorized pursuant to this

section to lease or lend armories or other real or personal property

under its jurisdiction to the army, navy or any other branch of the

armed forces of the United States of America for military purposes

without provision for reimbursement to the state for depreciation and

waste or debt service. Any renewal of an agreement or lease heretofore

made pursuant to the provisions of paragraph (a) of subdivision one of

section thirty-six of the New York state war emergency act or to the

provisions of chapter two hundred seventy-seven of the laws of nineteen

hundred forty-two prior to the repeal of such provisions shall be made

in compliance with this paragraph.

(b) The governor, from time to time, whenever he deems it to be in the

public interest, is hereby authorized to enter into a contract on behalf

of the state for the lease or loan, on such terms and conditions as he

may deem necessary to promote the public welfare and protect the

interests of the state, of any real or personal property of the state,

or the temporary transfer or employment of personnel of the state to any

municipal subdivision or other public corporation of the state.

2. (a) The chief executive of any such municipal subdivision or the

board, commission or other head of any other public corporation is

hereby authorized to enter into a contract and to execute any such lease

or to accept any such loan or to employ such personnel, and such

municipal subdivision or other public corporation is further authorized

to equip, maintain, utilize and operate any such property and to employ

necessary personnel therefor in accordance with the purposes for which

such contract is executed.

(b) The chief executive of any such municipal subdivision or the

board, commission or other head of such other public corporation is

empowered to do all things and perform any and all acts which he or it

may deem necessary to effectuate the purposes for which such contract

was entered into.

Indian settlement agreements. 1. Oneida settlement agreement.

Notwithstanding any other provision of law, upon filing with the

secretary of state, the settlement agreement executed between the

governor, the counties of Oneida and Madison, and the Oneida Nation of

New York dated the sixteenth day of May, two thousand thirteen, to be

known as the Oneida Settlement Agreement, including, without limitation,

the provisions contained therein relating to arbitration and judicial

review in state or federal courts and, for the sole purpose thereof, a

limited waiver of the state's Eleventh Amendment sovereign immunity from

suit, shall upon its effective date be deemed approved, ratified,

validated and confirmed by the legislature. It is the intention of the

legislature in enacting this section to ensure that the settlement

agreement shall be fully enforceable in all respects as to the rights,

benefits, responsibilities and privileges of all parties thereto.

Tribal-state compact. (a) Notwithstanding any other law, the

state, through the governor, may execute a tribal-state compact with the

Seneca Nation of Indians pursuant to the Indian Gaming Regulatory Act of

1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18 U.S.C. §§ 1166-1168)

consistent with a memorandum of understanding between the governor and

the president of the Seneca Nation of Indians executed on June

twentieth, two thousand one and filed with the department of state on

June twenty-first, two thousand one. Such tribal-state compact shall be

deemed ratified by the legislature upon the governor's certification to

the temporary president of the senate, the speaker of the assembly, and

the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

and (3) recognition of labor unions as the exclusive collective

bargaining representatives of employees in appropriate bargaining units

based upon a demonstration of majority employee support of such labor

unions by union authorization card check as verified, if necessary, by

an independent arbitrator appointed by the Public Employment Relations

Board in consultation with the Nation and the labor union; (ii)

assurances that the Nation has an adequate civil recovery system which

guarantees fundamental due process to visitors and guests of the

facility and related facilities; and (iii) assurances that the Nation

will maintain during the term of the compact sufficient liability

insurance to assure that visitors and guests will be compensated for

their injuries.

(b) Notwithstanding any other law, the state, through the governor,

may execute tribal-state compacts pursuant to the Indian Gaming

Regulatory Act of 1988 (P.L. 100-497; 25 U.S.C. §§ 2701-2721 and 18

U.S.C. §§ 1166-1168) authorizing up to three Class III gaming facilities

in the counties of Sullivan and Ulster. Such tribal-state compact shall

be deemed ratified by the legislature upon the governor's certification

to the temporary president of the senate, the speaker of the assembly

and the secretary of state, that such compact, through its terms, by a

memorandum of understanding or other agreement between the state and

Nation, by a Nation's ordinance or resolution, by statute, by executive

order, or by the terms of any other agreement entered into by or on

behalf of the Nation, provides: (i) assurances that the Nation will

provide (1) reasonable access to the gaming and related facilities to

labor union organizers for purposes of a campaign to solicit employee

support for labor union representation; (2) permission for labor union

organizers to distribute labor union authorization cards on site for the

purpose of soliciting employee support for labor union representation;

(3) provision of employees' names and addresses to labor union

representatives and tribal/employer/management neutrality in labor union

organizing campaigns; (4) recognition of labor unions as the exclusive

collective bargaining representatives of employees in appropriate

bargaining units based upon a demonstration of majority employee support

of such labor unions by union authorization card check as verified, if

necessary, by an independent arbitrator appointed by the Public

Employment Relations Board in consultation with the Nation and the labor

union; and (5) final and binding arbitration of organized labor matters

or disputes including negotiations for collective bargaining agreements

with arbitrators' awards enforceable in a state or federal court of

competent jurisdiction; (ii) assurances that the Nation has an adequate

civil recovery system which guarantees fundamental due process to

visitors and guests of the facility and related facilities; and (iii)

assurances that the Nation will maintain during the term of the compact

sufficient liability insurance to assure that visitors and guests will

be compensated for their injuries.

(c) Except as otherwise specifically provided in the compact, the

state specifically reserves all its rights, as attributes of its

inherent sovereignty, recognized by the tenth and eleventh amendments to

the United States Constitution. Nothing in this section shall be

construed to affect the existing authority of the governor under the

constitution and laws of this state to execute tribal-state compacts.

Power of governor to grant reprieves, commutations and pardons.

The governor has power to grant reprieves, commutations and pardons,

after conviction, for all offenses, except treason and cases of

impeachment, upon such conditions, and with such restrictions and

limitations, as he may think proper, subject to the regulations provided

in this article.

His power; in respect to convictions for treason; duty of the

legislature, in such cases. He may also suspend the execution of the

sentence, upon a conviction for treason, until the case can be reported

to the legislature, at its next meeting, when the legislature must

either pardon or commute the sentence, direct the execution thereof, or

grant a further reprieve.

Governor to communicate annually to legislature, reprieves,

commutations and pardons. He must annually communicate to the

legislature, each case of reprieve, commutation or pardon; stating the

name of the convict, the crime of which he was convicted, the sentence

and its date, and the date of the commutation, pardon or reprieve.

Conditional pardon; procedure on violation of. If any person who

has been discharged from imprisonment, by virtue of any parole,

conditional pardon, or conditional commutation of his sentence, shall

violate such condition or neglect to perform it, his parole, pardon or

commutation shall be void and he shall be remanded to the place of his

former imprisonment and there confined for the unexpired term for which

he had been sentenced. Determination of the violation of such parole,

pardon or commutation and reincarceration therefor shall be had in the

manner prescribed in the correction law.

Setting aside judgment of conviction and dismissing indictment,

information or complaint in case of pardon of defendant on ground of

innocence. Upon motion duly made therefor, the judgment of conviction

must be set aside and the indictment, information or complaint dismissed

by the court in which the defendant was convicted, in a case where the

defendant shall receive a pardon from the governor stating that such

pardon is issued on the ground of innocence of the crime for which he

was convicted and further stating that such finding of innocence is

based upon evidence discovered after the judgment of conviction was

rendered and after the time within which to make a motion for a new

trial on newly discovered evidence had expired. Such setting aside of a

judgment of conviction and dismissal of an indictment, information or

complaint against a defendant shall place the defendant in the same

position as if the indictment, information or complaint had been

dismissed at the conclusion of the trial by the court because of the

failure to establish the defendant's guilt beyond a reasonable doubt.

Natural and man-made disasters; policy; definitions. 1. It shall

be the policy of the state that:

a. local government and emergency service organizations continue their

essential role as the first line of defense in times of disaster, and

that the state provide appropriate supportive services to the extent

necessary;

b. local chief executives take an active and personal role in the

development and implementation of disaster preparedness programs and be

vested with authority and responsibility in order to insure the success

of such programs;

c. state and local natural disaster and emergency response functions

be coordinated using recognized practices in incident management in

order to bring the fullest protection and benefit to the people;

d. state resources be organized and prepared for immediate effective

response to disasters which are beyond the capability of local

governments and emergency service organizations; and

e. state and local plans, organizational arrangements, and response

capability required to execute the provisions of this article shall at

all times be the most effective that current circumstances and existing

resources allow.

2. As used in this article the following terms shall have the

following meanings:

a. "disaster" means occurrence or imminent, impending or urgent threat

of wide spread or severe damage, injury, or loss of life or property

resulting from any natural or man-made causes, including, but not

limited to, fire, flood, earthquake, hurricane, tornado, high water,

landslide, mudslide, wind, storm, wave action, volcanic activity,

epidemic, disease outbreak, air contamination, terrorism, cyber event,

blight, drought, infestation, explosion, radiological accident, nuclear,

chemical, biological, or bacteriological release, water contamination,

bridge failure or bridge collapse.

b. "state disaster emergency" means a period beginning with a

declaration by the governor that a disaster exists and ending upon the

termination thereof.

c. "municipality" means a public corporation as defined in subdivision

one of section sixty-six of the general construction law and a special

district as defined in subdivision sixteen of section one hundred two of

the real property tax law.

d. "commission" means the disaster preparedness commission created

pursuant to section twenty-one of this article.

e. "emergency services organization" means a public or private agency,

voluntary organization or group organized and functioning for the

purpose of providing fire, medical, ambulance, rescue, housing, food or

other services directed toward relieving human suffering, injury or loss

of life or damage to property as a result of an emergency, including

non-profit and governmentally-supported organizations, but excluding

governmental agencies.

f. "chief executive" means:

(1) a county executive or manager of a county;

(2) in a county not having a county executive or manager, the chairman

or other presiding officer of the county legislative body;

(3) a mayor of a city or village, except where a city or village has a

manager, it shall mean such manager; and

(4) a supervisor of a town, except where a town has a manager, it

shall mean such manager.

g. "Disaster emergency response personnel" means agencies, public

officers, employees, or affiliated volunteers having duties and

responsibilities under or pursuant to a comprehensive emergency

management plan.

h. "Emergency management director" means the government official

responsible for emergency preparedness, response and recovery for a

county, city, town, or village.

i. "incident management team" means a state certified team of trained

personnel from different departments, organizations, agencies, and

jurisdictions within the state, or a region of the state, activated to

support and manage major and/or complex incidents requiring a

significant number of local, regional, and state resources.

j. "executive level officer" means a state agency officer with the

authority to deploy agency assets and resources and make decisions

binding a state agency.

k. "third party non-state resources" means any contracted resource

that is not owned or controlled by the state or a political subdivision

including, but not limited to, ambulances, construction crews, or

contractors.

Disaster preparedness commission established; meetings; powers

and duties. 1. There is hereby created in the executive department a

disaster preparedness commission consisting of the commissioners of

transportation, health, division of criminal justice services,

education, economic development, agriculture and markets, housing and

community renewal, general services, labor, environmental conservation,

mental health, addiction services and supports, parks, recreation and

historic preservation, corrections and community supervision, children

and family services, homeland security and emergency services, and

people with developmental disabilities, the president of the New York

state energy research and development authority, the superintendents of

state police and financial services, the secretary of state, the state

fire administrator, the chair of the public service commission, the

adjutant general, the office of information technology services, and the

office of victim services, the chairs of the thruway authority, the

office for the aging, the metropolitan transportation authority, the

port authority of New York and New Jersey, the chief professional

officer of the state coordinating chapter of the American Red Cross, the

chief professional officer of 2-1-1 New York state and three additional

members, to be appointed by the governor, two of whom shall be chief

executives. Each member agency may designate an executive level officer

of that agency, with responsibility for disaster preparedness matters,

who may represent that agency on the commission. The commissioner of the

division of homeland security and emergency services shall serve as

chair of the commission, and the governor shall designate the vice chair

of the commission. The members of the commission, except those who serve

ex officio, shall be allowed their actual and necessary expenses

incurred in the performance of their duties under this article but shall

receive no additional compensation for services rendered pursuant to

this article.

2. The commission, on call of the chairperson, shall meet at least

twice each year and at such other times as may be necessary. The agenda

and meeting place of all regular meetings shall be made available to the

public in advance of such meetings and all such meetings shall be open

to the public. The commission shall establish quorum requirements and

other rules and procedures regarding conduct of its meetings and other

affairs.

3. The commission shall have the following powers and

responsibilities:

a. study all aspects of man-made or natural disaster prevention,

response and recovery;

b. request and obtain from any state or local officer or agency any

information necessary to the commission for the exercise of its

responsibilities;

c. prepare and, as appropriate, revise a state comprehensive emergency

management plan. The commission shall report all revisions to such plan

by March thirty-first of each year to the governor, the legislature and

the chief judge of the state, unless a current version of the plan is

available to the public on the website of the division of homeland

security and emergency services. In preparing such plans, the commission

shall consult with federal and local officials, emergency service

organizations including both volunteer and commercial emergency response

organizations, and the public as it deems appropriate. To the extent

such plans impact upon administration of the civil and criminal justice

systems of the state, including their operational and fiscal needs in

times of disaster emergency, the commission, its staff and any working

group, task force, agency or other instrumentality to which it may

delegate responsibility to assist it in its duties shall consult with

the chief administrator of the courts and coordinate their preparation

with him or her or with his or her representatives;

d. prepare, keep current and distribute to chief executives and others

an inventory of programs directly relevant to prevention, minimization

of damage, readiness, operations during disasters, and recovery

following disasters;

e. direct state disaster operations and coordinate state disaster

operations with local disaster operations following the declaration of a

state disaster emergency;

f. (1) unless it deems it unnecessary, create, following the

declaration of a state disaster emergency, a temporary organization in

the disaster area to provide for integration and coordination of efforts

among the various federal, state, municipal and private agencies

involved. The commission, upon a request from a municipality and with

the approval of the governor, shall direct the temporary organization to

assume direction of the local disaster operations of such municipality,

for a specified period of time not to exceed thirty days, and in such

cases such temporary organization shall assume direction of such local

disaster operations, subject to the supervision of the commission. Upon

the expiration of the thirty day period the commission, at the request

of the municipality, may extend the temporary organization's direction

of such local disaster operations for additional periods not to exceed

thirty days. The commission, upon a finding that a municipality is

unable to manage local disaster operations, may, with the approval of

the governor, direct the temporary organization to assume direction of

the local disaster operations of such municipality, for a specified

period of time not to exceed thirty days, and in such cases such

temporary organization shall assume direction of such local disaster

operations, subject to the supervision of the commission. Upon

expiration of the thirty day period the commission, after consultation

with the municipality, and with the approval of the governor, may extend

the temporary organization's direction of such local disaster operations

for additional periods not to exceed thirty days. In such event, such

temporary organization may utilize such municipality's local resources,

provided, however, that the state shall not be liable for any expenses

incurred in using such municipality's resources. The state shall not be

liable for the expenses incurred in using third party, non-state

resources deployed to the affected area by the temporary organization,

which are necessary to protect life and safety;

(2) The state incident management team shall have the authority to act

as the operational arm of the temporary organization. When called to

duty and deployed by the state, members of any state or local incident

management team shall be deemed temporary employees of the state and

shall have the same privileges and immunities afforded to regular state

employees, subject to the rules and regulations promulgated by the

president of the state civil service commission pursuant to section one

hundred sixty-three of the civil service law;

g. assist in the coordination of federal recovery efforts and

coordinate recovery assistance by state and private agencies;

h. provide for periodic briefings, drills, exercises or other means to

assure that all state personnel with direct responsibilities in the

event of a disaster are fully familiar with response and recovery plans

and the manner in which they shall carry out their responsibilities, and

coordinate with federal, local or other state personnel. Such activities

may take place on a regional or county basis, and local and federal

participation shall be invited and encouraged;

i. submit to the governor, the legislature and the chief judge of the

state by March thirty-first of each year an annual report which shall

include but need not be limited to:

(1) a summary of commission and state agency activities for the year

and plans for the ensuing year with respect to the duties and

responsibilities of the commission;

(2) recommendations on ways to improve state and local capability to

prevent, prepare for, respond to and recover from disasters;

(3) the status of the state and local plans for disaster preparedness

and response, including the name of any locality which has failed or

refused to develop and implement its own disaster preparedness plan and

program; and the extent to which all forms of local emergency response

assets have been included, and accounted for in planning and preparation

for disaster preparedness and response; and

j. develop public service announcements to be distributed to

television and radio stations and other media throughout the state

informing the public how to prepare and respond to disasters. Such

public service announcements shall be distributed in English and such

other languages as such commission deems appropriate.

4. All powers of the state civil defense commission are assigned to

the commission.

5. The state office of emergency management within the division of

homeland security and emergency services shall serve as the operational

arm of the commission and shall be responsible for implementing

provisions of this article and the rules and policies adopted by the

commission. The director of the state office of emergency management

within the division of homeland security and emergency services shall

exercise the authority given to the disaster preparedness commission in

section twenty-nine of this article, to coordinate and direct state

agencies and assets in response to a state disaster emergency, through

their respective agency heads, on behalf of the governor and the chair

of the disaster preparedness commission, when the governor, the

lieutenant governor, and the chair of the disaster preparedness

commission are incapacitated or without an available means of reliable

communication with the state office of emergency management. If the

director of the state office of emergency management is unable to

exercise this authority, then the executive deputy commissioner of the

division of homeland security and emergency services shall act in this

capacity. In the event that the executive deputy commissioner is unable

to exercise this authority, then such authority shall be exercised by

the official willing and able to do so in the following order: the

superintendent of the division of state police; the state fire

administrator; or the director of the office of counterterrorism within

the division of homeland security and emergency services. Nothing in

this subdivision shall be construed to limit the authority of the

governor, lieutenant governor, or the chair of the disaster preparedness

commission to oversee the director of the state office of emergency

management within the division of homeland security and emergency

services or any official exercising authority given to the disaster

preparedness commission in section twenty-nine of this article.

State disaster preparedness plans. 1. The commission shall

prepare a state disaster preparedness plan and submit such plan to the

governor for approval no later than one year following the effective

date of this act. The governor shall act upon such plan by July first of

that year. The commission shall review such plans annually.

2. The purpose of such plans shall be to minimize the effects of

disasters by: (i) identifying appropriate measures to prevent disasters,

(ii) developing mechanisms to coordinate the use of resources and

manpower for service during and after disaster emergencies and the

delivery of services to aid citizens and reduce human suffering

resulting from a disaster, and (iii) provide for recovery and

redevelopment after disaster emergencies.

3. Such plans shall be prepared with such assistance from other

agencies as the commission deems necessary, and shall include, but not

be limited to:

a. Disaster prevention and mitigation. Plans to prevent and minimize

the effects of disasters shall include, but not be limited to:

(1) identification of hazards and assessment of risk;

(2) recommended disaster prevention and mitigation projects, policies,

priorities and programs, with suggested implementation schedules, which

outline federal, state and local roles;

(3) suggested revisions and additions to building and safety codes,

and zoning and other land use programs;

(4) suggested ways in which state agencies can provide technical

assistance to municipalities in the development of local disaster

prevention and mitigation plans and programs;

(5) such other measures as reasonably can be taken to protect lives,

prevent disasters, and reduce the impact of disasters.

b. Disaster response. Plans to coordinate the use of resources and

manpower for service during and after disaster emergencies and to

deliver services to aid citizens and reduce human suffering resulting

from a disaster emergency shall include, but not be limited to:

(1) coordination of resources, manpower and services, using recognized

practices in incident management and utilizing existing organizations

and lines of authority and centralized direction of requests for

assistance;

(2) the location, procurement, construction, processing,

transportation, storing, maintenance, renovation, distribution, disposal

or use of materials, including those donated, and facilities and

services;

(3) a system for warning populations who are or may be endangered;

(4) arrangements for activating state, municipal and volunteer forces,

through normal chains of command so far as possible and for continued

communication and reporting;

(5) a specific plan for rapid and efficient communication, and for the

integration of state communication facilities during a state disaster

emergency, including the assignment of responsibilities and the

establishment of communication priorities, and liaison with municipal,

private and federal communication facilities;

(6) a plan for coordinated evacuation procedures, including the

establishment of temporary housing and other necessary facilities;

(7) criteria for establishing priorities with respect to the

restoration of vital services and debris removal;

(8) plans for the continued effective operation of the civil and

criminal justice systems;

(9) provisions for training state and local government personnel and

volunteers in disaster response operations;

(10) providing information to the public, including coordination with

any state recognized information and referral services;

(11) care for the injured and needy and identification and disposition

of the dead;

(12) utilization and coordination of programs to assist victims of

disasters, with particular attention to the needs of the poor, the

elderly, individuals with disabilities and other groups which may be

especially affected;

(13) control of ingress and egress to and from a disaster area,

including but not limited to, exempting from travel bans those essential

private and public personnel, as determined by the commission, who are

summoned by their employers to assist in emergency services, such as

utility and other workers who need to reach declared emergency areas in

order to perform tasks related to the restoration and/or maintenance of

energy and communications infrastructure;

(14) a plan for the delivery of medical supplies and medications to

pharmacies, hospitals and nursing homes located within the area declared

to be experiencing a disaster emergency.

(15) arrangements to administer federal disaster assistance;

(16) a system for obtaining and coordinating situational awareness

including the centralized assessment of disaster effects and resultant

needs; and

(17) utilization and coordination of programs to assist individuals

with household pets and service animals following a disaster, with

particular attention to means of evacuation, shelter and transportation

options.

c. Recovery. Plans to provide for recovery and redevelopment after

disaster emergencies shall include, but not be limited to:

(1) measures to coordinate state agency assistance in recovery

efforts;

(2) arrangements to administer federal recovery assistance; and

(3) such other measures as reasonably can be taken to assist in the

development and implementation of local disaster recovery plans.

Local comprehensive emergency management plans. 1. Each county,

except those contained within the city of New York, and each city with a

population of one million or more, shall prepare a comprehensive

emergency management plan. Each city with a population of less than one

million, town and village is authorized to prepare a comprehensive

emergency management plan. The disaster preparedness commission shall

provide assistance and advice for the development of such plans. Each

city with a population of less than one million, town and village plan

shall be coordinated with the county plan.

2. The purpose of such plans shall be to minimize the effect of

disasters by (i) identifying appropriate local measures to prevent

disasters, (ii) developing mechanisms to coordinate the use of local

resources and manpower for service during and after disasters and the

delivery of services to aid citizens and reduce human suffering

resulting from a disaster, and (iii) providing for recovery and

redevelopment after disasters.

3. Plans for coordination of resources, manpower and services shall

provide for a centralized coordination and direction of requests for

assistance.

4. Plans for coordination of assistance shall provide for utilization

of existing organizations and lines of authority.

5. In preparing such plans, cooperation, advice and assistance shall

be sought from local government officials, regional and local planning

agencies, police agencies, fire departments and fire companies, local

emergency management agencies, commercial and volunteer ambulance

services, health and social services officials, community action

agencies, the chief administrator of the courts, organizations for the

elderly and the handicapped, agencies and organizations that provide

home health care services, agencies and organizations that provide

hospice services, other interested groups and the general public. Such

advice and assistance may be obtained through public hearings held on

public notice, or through other appropriate and practical methods,

through which such aforementioned groups may offer their input for

consideration on issues that support the effective preparation and

execution of the plan. In addition, in the case of home care and

hospice, such input may address procedures by which such providers may

be granted essential access to care for such patients during an

emergency.

6. All plans for comprehensive emergency management developed by local

governments or any revisions thereto shall be submitted to the

commission by December thirty-first of each year to facilitate state

coordination of disaster operations.

7. Such plans shall include, but not be limited to:

a. Disaster prevention and mitigation. Plans to prevent and minimize

the effects of disasters shall include, but not be limited to:

(1) identification of hazards and assessment of risk;

(2) recommended disaster prevention and mitigation projects, policies,

priorities and programs, with suggested implementation schedules, which

outline federal, state and local roles;

(3) suggested revisions and additions to building and safety codes and

zoning and other land use programs;

(4) such other measures as reasonably can be taken to protect lives,

prevent disasters, and reduce their impact.

b. Disaster response. Plans to coordinate the use of resources and

manpower for service during and after disasters and to deliver services

to aid citizens and reduce human suffering resulting from a disaster

shall include, but not be limited to:

(1) coordination of resources, manpower and services, using recognized

practices in incident management, utilizing existing organizations and

lines of authority and centralized direction of requests for assistance;

(2) the location, procurement, construction, processing,

transportation, storing, maintenance, renovation, distribution, disposal

or use of materials, including those donated, and facilities and

services which may be required in time of disaster;

(3) a system for warning populations who are or may be endangered;

(4) arrangements for activating municipal and volunteer forces,

through normal chains of command so far as possible, and for continued

communication and reporting;

(5) a specific plan for rapid and efficient communication and for the

integration of local communication facilities during a disaster

including the assignment of responsibilities and the establishment of

communication priorities and liaison with municipal, private, state and

federal communication facilities;

(6) a plan for coordination evacuation procedures including the

establishment of temporary housing and other necessary facilities;

(7) criteria for establishing priorities with respect to the

restoration of vital services and debris removal;

(8) plans for the continued effective operation of the civil and

criminal justice systems;

(9) provisions for training local government personnel and volunteers

in disaster response operations;

(10) providing information to the public;

(11) care for the injured and needy and identification and disposition

of the dead;

(12) utilization and coordination of programs to assist victims of

disasters, with particular attention to the needs of the poor, the

elderly, individuals with disabilities and other groups which may be

especially affected;

(13) control of ingress and egress to and from a disaster area,

including but not limited to, exempting from travel bans those essential

private and public personnel, as determined by the commission, who are

summoned by their employers to assist in emergency services, such as

utility and other workers who need to reach declared emergency areas in

order to perform tasks related to the restoration and/or maintenance of

energy and communications infrastructure;

(14) arrangements to administer state and federal disaster assistance;

(15) procedures under which the county, city, town, village or other

political subdivision and emergency organization personnel and resources

will be used in the event of a disaster;

(16) a system for obtaining and coordinating disaster information

including the centralized assessment of local disaster effects and

resultant needs;

(17) continued operation of governments of political subdivisions; and

(18) utilization and coordination of programs to assist individuals

with household pets and service animals following a disaster, with

particular attention to means of evacuation, shelter and transportation

options.

c. Recovery. Local plans to provide for recovery and redevelopment

after disasters shall include, but not be limited to:

(1) recommendations for replacement, reconstruction, removal or

relocation of damaged or destroyed public or private facilities,

proposed new or amendments to zoning, subdivision, building, sanitary or

fire prevention regulations and recommendations for economic development

and community development in order to minimize the impact of any

potential future disasters on the community.

(2) provision for cooperation with state and federal agencies in

recovery efforts.

(3) provisions for training and educating local disaster officials or

organizations in the preparation of applications for federal and state

disaster recovery assistance.

County registry of disabled persons; notice. 1. In each

county having a local disaster preparedness plan pursuant to section

twenty-three of this article, in order to meet the special needs of

persons who would need assistance during evacuations and sheltering

because of physical or mental handicaps, it is recommended that each

chief executive maintain a registry of disabled persons located within

the county. The registration shall identify those persons in need of

assistance and plan for resource allocation to meet those identified

needs. To assist the chief executive in identifying such persons, the

county department of health, or such other county department or agency

as designated by the chief executive, shall provide voluntary

registration information to all of its special needs clients and to all

incoming clients as part of the intake process. The registry shall be

updated annually. The registration program shall give disabled persons

the option of pre-authorizing emergency response personnel to enter

their homes during search and rescue operations if necessary to assure

their safety and welfare during disasters.

2. Upon the establishment of a voluntary registry of disabled persons

as provided in subdivision one of this section, the chief executive

shall make such registry available to the appropriate county, state and

federal agencies for their use in delivering services in the event of a

local or state disaster. The chief executive shall, upon the request of

the state emergency management office, provide such registry information

to such office. The chief executive may, at his discretion, use the

registry information for local disaster preparedness only in

coordination with other political subdivisions of the state.

3. Upon the establishment of a voluntary registry of disabled persons

as provided in subdivision one of this section, at least semi-annually,

each chief executive shall cause to be published in a newspaper of

general circulation within the county a notice of the availability of

the voluntary registration program.

4. All records, data, information, correspondence and communications

relating to the registration of disabled persons as provided in

subdivision one of this section are confidential, except that such

information shall be available to other county chief executives for

local disaster preparedness only as the chief executive of the county

maintaining such registry deems necessary. Provided, however, the

individual file of a person having registered with the registry of

disabled persons shall be made available to that person upon request.

5. All community-based services providers, including home health care

providers, shall assist the chief executive by collecting registration

information for people with special needs as part of program intake

processes, establishing programs to increase the awareness of the

registration process, and educating clients about the procedures that

may be necessary for their safety during disasters.

6. A county shall not be liable for any claim based upon the good

faith exercise or performance or the good faith failure to exercise or

perform a function or duty on the part of any officer or employee in

carrying out a local disaster preparedness plan.

Nursing home and assisted living facility plans. 1. After

consultation with the commissioner of health, the director of the office

for the aging, and the director of the state office of homeland

security, the commission shall establish standards for nursing homes,

adult homes, enriched housing programs and assisted living residences

regarding disaster preparedness.

2. Each such facility shall be assisted in the establishment of a

disaster preparedness plan. The plan shall include, but not be limited

to, the following:

(a) Maintaining a supply of food, water and to the extent deemed

necessary and feasible in the reasonable judgment of the operator of the

facility, medication in reserve in the event that obtaining such items

should become difficult or impossible.

(b) In the reasonable judgment of the facility, having access to a

generator or generators sufficient to supply electrical power to the

facility.

(c) Establishing an evacuation plan for residents including an

alternative site suitable for temporary use.

(d) Establishing staffing plans during a disaster.

3. Such plans shall be made available to the county emergency

management office.

4. Nothing in this section shall be deemed to modify or override any

requirements in regulations duly promulgated by a state agency, or to

limit any lawful authority of a state agency to promulgate regulations,

with respect to disaster preparedness of such facilities, the contents

of their disaster preparedness plans or the process for approval of

those plans.

Consistency among local disaster preparedness plans. 1. The

local disaster preparedness plans for each county, city, town, or

village shall be so developed that no part of the local disaster

preparedness plan of any county or any city, town, or village within

such county conflicts with any part of the local disaster preparedness

plan of any of the other said entities within such county or such county

itself. In the event of any such conflict, such conflict shall be

resolved by such county. The provisions of this subdivision shall not

apply to a city wholly containing more than one county or to any county

wholly contained within any such city.

2. In the event that any part of the local disaster preparedness plan

of any county or any city, town, or village within such county conflicts

with any part of the local disaster preparedness plan of any other

county or any city, town, or village within any such other county, such

conflict shall be resolved by the state emergency management office, as

defined in paragraph (e) of subdivision one of section twenty-nine-e of

this article. The provisions of this subdivision shall not apply to any

county wholly contained within a city wholly containing more than one

county. Any city wholly containing more than one county shall be subject

to the provisions of this subdivision as if it were a county.

3. Said state emergency management office is hereby authorized and

directed to promulgate any rules or regulations or take any other

measures necessary to effectuate the provisions of this section.

Local state of emergency; local emergency orders by chief

executive. 1. Notwithstanding any inconsistent provision of law, general

or special, in the event of a disaster, rioting, catastrophe, or similar

public emergency within the territorial limits of any county, city, town

or village, or in the event of reasonable apprehension of immediate

danger thereof, and upon a finding by the chief executive thereof that

the public safety is imperiled thereby, such chief executive may

proclaim a local state of emergency within any part or all of the

territorial limits of such local government; provided, however, that in

the event of a radiological accident as defined in section twenty-nine-c

of this article, such chief executive may request of the governor a

declaration of disaster emergency. Such proclamation shall remain in

effect for a period not to exceed thirty days or until rescinded by the

chief executive, whichever occurs first. The chief executive may issue

additional proclamations to extend the state of emergency for additional

periods not to exceed thirty days. Following such proclamation and

during the continuance of such local state of emergency, the chief

executive may promulgate local emergency orders to protect life and

property or to bring the emergency situation under control. As

illustration, such orders may, within any part or all of the territorial

limits of such local government, provide for:

a. the establishment of a curfew and the prohibition and control of

pedestrian and vehicular traffic, except essential emergency vehicles

and personnel;

b. the designation of specific zones within which the occupancy and

use of buildings and the ingress and egress of vehicles and persons may

be prohibited or regulated;

c. the regulation and closing of places of amusement and assembly;

d. the suspension or limitation of the sale, dispensing, use or

transportation of alcoholic beverages, firearms, explosives, and

flammable materials and liquids;

e. the prohibition and control of the presence of persons on public

streets and places;

f. the establishment or designation of emergency shelters, emergency

medical shelters, and in consultation with the state commissioner of

health, community based care centers;

g. the suspension within any part or all of its territorial limits of

any of its local laws, ordinances or regulations, or parts thereof

subject to federal and state constitutional, statutory and regulatory

limitations, which may prevent, hinder, or delay necessary action in

coping with a disaster or recovery therefrom whenever (1) a request has

been made pursuant to subdivision seven of this section, or (2) whenever

the governor has declared a state disaster emergency pursuant to section

twenty-eight of this article. Suspension of any local law, ordinance or

regulation pursuant to this paragraph shall be subject to the following

standards and limits:

(i) no suspension shall be made for a period in excess of five days,

provided, however, that upon reconsideration of all the relevant facts

and circumstances, a suspension may be extended for additional periods

not to exceed five days each during the pendency of the state of

emergency;

(ii) no suspension shall be made which does not safeguard the health

and welfare of the public and which is not reasonably necessary to the

disaster effort;

(iii) any such suspension order shall specify the local law, ordinance

or regulation, or part thereof suspended and the terms and conditions of

the suspension;

(iv) the order may provide for such suspension only under particular

circumstances, and may provide for the alteration or modification of the

requirements of such local law, ordinance or regulation suspended, and

may include other terms and conditions;

(v) any such suspension order shall provide for the minimum deviation

from the requirements of the local law, ordinance or regulation

suspended consistent with the disaster action deemed necessary; and

(vi) when practicable, specialists shall be assigned to assist with

the related emergency actions to avoid adverse effects resulting from

such suspension.

2. A local emergency order shall be effective from the time and in the

manner prescribed in the order and shall be published as soon as

practicable in a newspaper of general circulation in the area affected

by such order and transmitted to the radio and television media for

publication and broadcast. Such orders may be amended, modified and

rescinded by the chief executive during the pendency or existence of the

state of emergency. Such orders shall cease to be in effect five days

after promulgation or upon declaration by the chief executive that the

state of emergency no longer exists, whichever occurs sooner. The chief

executive nevertheless, may extend such orders for additional periods

not to exceed five days each during the pendency of the local state of

emergency.

3. The proclamation of a local state of emergency and local emergency

orders of a chief executive of a county shall be executed in

quadruplicate and shall be filed within seventy-two hours or as soon

thereafter as practicable in the office of the clerk of the governing

board of the county, the office of the county clerk, the office of the

secretary of state and the state office of emergency management within

the division of homeland security and emergency services. The

proclamation of a local state of emergency and local emergency orders of

a chief executive of a city, town or village shall be executed in

quadruplicate and shall be filed within seventy-two hours or as soon

thereafter as practicable in the office of the clerk of such municipal

corporation, the office of the county clerk, the office of the secretary

of state and the state office of emergency management within the

division of homeland security and emergency services.

4. Nothing in this section shall be deemed to limit the power of any

local government to confer upon its chief executive any additional

duties or responsibilities deemed appropriate.

5. Any person who knowingly violates any local emergency order of a

chief executive promulgated pursuant to this section is guilty of a

class B misdemeanor.

6. Whenever a local state of emergency is declared by the chief

executive of a local government pursuant to this section, the chief

executive of the county in which such local state of emergency is

declared, or where a county is wholly contained within a city, the mayor

of such city, may request the governor to remove all or any number of

sentenced incarcerated individuals from institutions maintained by such

county in accordance with section ninety-three of the correction law.

7. Whenever a local state of emergency has been declared pursuant to

this section, the chief executive of the county in which the local state

of emergency has been declared, or where a county is wholly contained

within a city, the chief executive of the city, may request the governor

to provide assistance under this chapter, provided that such chief

executive determines that the disaster is beyond the capacity of local

government to meet adequately and state assistance is necessary to

supplement local efforts to save lives and to protect property, public

health and safety, or to avert or lessen the threat of a disaster.

8. The legislature may terminate by concurrent resolution, such

emergency orders at any time.

9. a. Whenever a local state of emergency is declared pursuant to this

section and upon receipt of notification by an electric corporation or

the service provider, pursuant to section seventy-three-a of the public

service law or section one thousand twenty-mm of the public authorities

law, the chief executive shall coordinate with affected police

departments, fire departments, ambulance services and advanced life

support first response services prewired with an appropriate transfer

switch for using an alternate generated power source for the emergency

deployment of alternate generated power sources.

b. For the purposes of this section, "alternate generated power

source" shall mean electric generating equipment that is of the capacity

that is capable of providing adequate electricity to operate all life

safety systems and the basic operations of a police department, fire

department, ambulance service or advanced life support first response

service.

Use of local government resources in a disaster. 1. Upon the

threat or occurrence of a disaster, the chief executive of any political

subdivision is hereby authorized and empowered to and shall use any and

all facilities, equipment, supplies, personnel and other resources of

his political subdivision in such manner as may be necessary or

appropriate to cope with the disaster or any emergency resulting

therefrom.

2. Upon the threat or occurrence of a disaster, a chief executive may

request and accept assistance which is coordinated and directed by the

county chief executive as provided in section twenty-six of this

article.

3. A chief executive may also request and accept assistance from any

other political subdivision and may receive therefrom and utilize any

real or personal property or the service of any personnel thereof on

such terms and conditions as may be mutually agreed to by the chief

executives of the requesting and assisting political subdivisions.

4. Upon the receipt of a request for assistance made pursuant to

subdivision two or three of this section, the chief executive of any

political subdivision may give, lend or lease, on such terms and

conditions as he may deem necessary to promote the public welfare and

protect the interests of such political subdivision, any services,

equipment, facilities, supplies or other resources of his political

subdivision. Any lease or loan of real or personal property pursuant to

this subdivision, or any transfer of personnel pursuant hereto, shall be

only for the purpose of assisting a political subdivision in emergency

relief, reconstruction, or rehabilitation made necessary by the

disaster.

5. A political subdivision shall not be liable for any claim based

upon the exercise or performance or the failure to exercise or perform a

discretionary function or duty on the part of any officer or employee in

carrying out the provisions of this section.

6. The chief executive, when requesting assistance pursuant to this

section may request assistance from the civil defense and disaster

preparedness forces of any other political subdivision, but only if the

civil defense and disaster preparedness forces of the type being

requested have already been activated within the political subdivisions

requesting assistance. The chief executive of any political subdivision

receiving such a request is hereby authorized and empowered, subject to

the provisions of section twenty-six of this article, to respond

thereto.

7. Any power or authority conferred upon any political subdivision by

this section shall be in addition to and not in substitution for or

limitation of any powers or authority otherwise vested in such

subdivision or any officer thereof.

Coordination of local disaster preparedness forces and local

civil defense forces in disasters. 1. Upon the threat or occurrence of a

disaster, the chief executive of a county may coordinate responses for

requests for assistance made by the chief executive of any political

subdivision within the county.

2. Coordination of assistance shall utilize existing organizations and

lines of authority and shall utilize any comprehensive emergency

management plans prepared by the affected municipality.

3. A chief executive or any elected or appointed county, city, town or

village official shall not be held responsible for acts or omissions of

municipal employees, disaster preparedness forces or civil defense

forces when performing disaster assistance pursuant to a declared

disaster emergency or when exercising comprehensive emergency management

plans.

Continuity of local governments. 1. Every county, except those

wholly contained within a city, every city, every town and every village

shall have power to provide by local law, and every other public

corporation, district corporation or public benefit corporation shall

have power to provide by resolution, for its continuity and that of its

elective and appointive officers, including members of its legislative

or governing body when, in the event of a disaster and the emergency

conditions caused thereby, any of such officers is unable to discharge

the powers and duties of his office or is absent from the political

subdivision. In any such local law or resolution, provision may be made

that the removal of a disability or the termination of an absence from

the political subdivision of an officer higher on a list or order of

succession provided therein to an office shall not terminate the service

in such office of an individual lower on such list or order of

succession who is temporarily filling such office. Notwithstanding the

provisions of any general or special law or city or village charter, a

local law or resolution adopted pursuant to this section may be made

effective without approval at a mandatory or permissive referendum but

in no case shall such local law or resolution become effective until one

certified copy thereof has been filed with the clerk of the political

subdivision or other appropriate official designated for such purpose by

the respective legislative or governing body, one certified copy thereof

has been filed in the office of the state comptroller and three

certified copies thereof have been filed in the office of the secretary

of state.

No provision of this subdivision shall be construed or interpreted as

affecting the validity of any ordinance, local law or resolution enacted

prior to April first, nineteen hundred seventy-nine or actions taken

thereunder by the government of any county, city, town or village.

2. The provisions of this section shall not be applicable in any case

where the continuity of the government of a political subdivision or

that of any of its elective or appointive officers is otherwise provided

for by or pursuant to law.

3. This section shall be construed liberally. The powers herein

granted shall be in addition to and not in substitution of any power

granted, procedure provided or provision made in any other law.

State declaration of disaster emergency. 1. Whenever the

governor, on his own initiative or pursuant to a request from one or

more chief executives, finds that a disaster has occurred or may be

imminent for which local governments are unable to respond adequately,

he shall declare a disaster emergency by executive order.

2. Upon declaration of a disaster arising from a radiological

accident, the governor or his designee, shall direct one or more chief

executives and emergency services organizations to:

(a) notify the public that an emergency exists; and

(b) take appropriate protective actions pursuant to the radiological

emergency preparedness plan approved pursuant to sections twenty-two and

twenty-three of this article. The governor, or his designee, shall also

have authority to direct that other actions be taken by such chief

executives pursuant to their authority under section twenty-four of this

article.

3. The executive order shall include a description of the disaster,

and the affected area. Such order or orders shall remain in effect for a

period not to exceed six months or until rescinded by the governor,

whichever occurs first. The governor may issue additional orders to

extend the state disaster emergency for additional periods not to exceed

six months.

4. Whenever the governor shall find that a disaster is of such

severity and magnitude that effective response is beyond the

capabilities of the state and the affected jurisdictions, he shall make

an appropriate request for federal assistance available under federal

law, and may make available out of any funds provided under the

governmental emergency fund or such other funds as may be available,

sufficient funds to provide the required state share of grants made

under any federal program for meeting disaster related expenses

including those available to individuals and families.

5. The legislature may terminate at any time a state disaster

emergency issued under this section by concurrent resolution.

Post disaster recovery planning. 1. Whenever a state disaster

emergency has been declared any county, city, town or village included

in such disaster area shall prepare a local recovery and redevelopment

plan, unless the legislative body of the municipality shall determine

such plan to be unnecessary or impractical. Prior to making such

determination, the municipality shall notify the commission of its

intent to forego preparation and provide an opportunity to comment to

the commission. Within fifteen days after the declaration of a state

disaster, any county, city, town or village included in such disaster

area shall report to the commission whether the preparation of a

recovery and redevelopment plan has been commenced, and if not, the

reasons for not preparing such plan. Within sixty days after the

declaration of a state disaster, the commission shall report to the

governor and the legislature the status of local recovery and

redevelopment plans, including the name of any municipality which has

failed or refused to commence the development of a recovery and

redevelopment plan.

2. The commission shall provide technical assistance in the

development of such plans upon the request of such county, city, town or

village.

3. A local recovery and redevelopment plan shall include, but need not

be limited to: plans for replacement, reconstruction, removal or

relocation of damaged or destroyed facilities; proposed new or amended

regulations such as zoning, subdivision, building or sanitary ordinances

and codes; and plans for economic recovery and community development.

Such plans shall take into account and to the extent practicable

incorporate relevant existing plans and policies and such plans shall

take into account the need to minimize the potential impact of any

future disasters on the community.

4. Proposed plans shall be presented at a public hearing upon five

days notice published in a newspaper of general circulation in the area

affected and transmitted to the radio and television media for

publication and broadcast. Such notice shall state the time and place of

the hearing and indicate where copies of the proposed plan may be

inspected or obtained. Any county, city, town, or village preparing a

recovery and redevelopment plan pursuant to this subdivision may, upon

mutual agreement with any other such county, city, town or village, hold

a joint hearing to consider such recovery and redevelopment plan.

5. Such plans shall be prepared within forty-five days after the

declaration of a state disaster and shall be transmitted to the

commission. The commission shall provide its comments on the plan

within ten days after receiving such plan.

6. A plan shall be adopted by such county, city, town or village

within ten days after receiving the comments of the commission. The

adopted plan may be amended at any time in the same manner as originally

prepared, revised and adopted.

7. The adopted plan shall be the official policy for recovery and

redevelopment within the municipality.

8. Nothing in this section shall preclude any municipality from

applying for or accepting and receiving any federal funds.

Direction of state agency assistance in a disaster emergency.

Upon the declaration of a state disaster emergency the governor may

direct any and all agencies of the state government to provide

assistance under the coordination of the disaster preparedness

commission. Such state assistance may include: (1) utilizing, lending,

or giving to political subdivisions, with or without compensation

therefor, equipment, supplies, facilities, services of state personnel,

and other resources, other than the extension of credit; (2)

distributing medicine, medical supplies, food and other consumable

supplies through any public or private agency authorized to distribute

the same; (3) performing on public or private lands temporary emergency

work essential for the protection of public health and safety, clearing

debris and wreckage, making emergency repairs to and temporary

replacements of public facilities of political subdivisions damaged or

destroyed as a result of such disaster; and (4) making such other use of

their facilities, equipment, supplies and personnel as may be necessary

to assist in coping with the disaster or any emergency resulting

therefrom.

Suspension of other laws. 1. Subject to the state

constitution, the federal constitution and federal statutes and

regulations, the governor may by executive order temporarily suspend

specific provisions of any statute, local law, ordinance, or orders,

rules or regulations, or parts thereof, of any agency during a state

disaster emergency, if compliance with such provisions would prevent,

hinder, or delay action necessary to cope with the disaster.

2. Suspensions pursuant to subdivision one of this section shall be

subject to the following standards and limits:

a. no suspension shall be made for a period in excess of thirty days,

provided, however, that upon reconsideration of all of the relevant

facts and circumstances, the governor may extend the suspension for

additional periods not to exceed thirty days each;

b. no suspension shall be made which does not safeguard the health and

welfare of the public and which is not reasonably necessary to the

disaster effort;

c. any such suspension order shall specify the statute, local law,

ordinance, order, rule or regulation or part thereof to be suspended and

the terms and conditions of the suspension;

d. the order may provide for such suspension only under particular

circumstances, and may provide for the alteration or modification of the

requirements of such statute, local law, ordinance, order, rule or

regulation suspended, and may include other terms and conditions;

e. any such suspension order shall provide for the minimum deviation

from the requirements of the statute, local law, ordinance, order, rule

or regulation suspended consistent with the disaster action deemed

necessary; and

f. when practicable, specialists shall be assigned to assist with the

related emergency actions to avoid needless adverse effects resulting

from such suspension.

3. Such suspensions shall be effective from the time and in the manner

prescribed in such orders and shall be published as soon as practicable

in the state bulletin.

4. The legislature may terminate by concurrent resolution executive

orders issued under this section at any time.

Use of disaster emergency response personnel in disasters. 1.

State use of disaster emergency response personnel and non-state

resource providers. a. The governor may, in their discretion, direct the

state disaster preparedness commission to conduct an emergency exercise

or drill, under its direction, in which all or any of the personnel and

resources of the agencies of the commission of the state may be utilized

to perform the duties assigned to them in a disaster, for the purpose of

protecting and preserving human life or property in a disaster. During a

disaster or such drill or exercise, disaster emergency response

personnel in the state shall operate under the direction and command of

the chair of such commission, and shall possess the same powers, duties,

rights, privileges and immunities as are applicable in a civil defense

drill held at the direction of the state civil defense commission under

the provisions of the New York state defense emergency act.

b. The governor may deploy non-state resource providers to another

compact member jurisdiction under any compact in this article. When

authorized to provide assistance and deployed by the legally designated

state official or officials, non-state resource providers shall be

deemed agents of the state for purposes of the deployment and shall be

entitled to the rights and benefits provided to state resource providers

by the compact, subject to any terms and conditions of the requesting

state. Non-state resource providers shall not offer assistance to, or

request assistance from, another compact member jurisdiction. The

division of homeland security and emergency services shall serve as the

coordinator for offers and requests for assistance and facilitator of

the reimbursement of non-state resource providers by the requesting

state. The division of homeland security and emergency services shall

not be responsible for reimbursement until the division receives payment

from the requesting compact member jurisdiction.

2. Local use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the county chief executive may direct the emergency

management director of a county to assist in the protection and

preservation of human life or property by calling upon disaster

emergency response personnel employed by or supporting that county, as

specified in the county comprehensive emergency management plan, to

perform the emergency response duties assigned to them.

b. The disaster emergency response personnel of the county shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the county emergency management director upon the direction of

the county chief executive when the county chief executive, in his or

her discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the county

chief executive may exercise the power conferred upon him in paragraph a

of this subdivision, or may deactivate the disaster emergency response

personnel of the county in whole or in part, on his own motion or upon

the request of the chief executive officer of a village, town or city

located within the county of which he is an officer.

d. Where the local office of public safety or emergency management in

a city is independent of the county office of public safety or emergency

management and is not consolidated therewith, the county chief executive

may direct the emergency management director of the county to render

assistance within such city only when the chief executive officer of

such city has certified to him that the disaster emergency response

personnel of the city have been activated pursuant to the provisions of

subdivision three of this section and that all resources available

locally are insufficient adequately to cope with the disaster.

e. When performing disaster assistance pursuant to this section,

county disaster emergency response personnel shall operate under the

direction and command of the county emergency management director and

his or her duly authorized deputies, and shall possess the same powers,

duties, rights, privileges and immunities they would possess when

performing their duties in a locally sponsored civil defense drill or

training exercise in the civil or political subdivision in which they

are enrolled, employed or assigned emergency response responsibilities.

f. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director when rendering

disaster assistance within a city pursuant to this section.

g. Outside of a city, the sheriff of the county, and in Nassau county

the commissioner of police of the county of Nassau, shall supervise the

operations of the emergency management director when rendering peace

officer duties incident to disaster assistance. The sheriff and such

commissioner may delegate such supervisory power to an elected or

appointed town or village official in the area affected.

h. Neither the chief executive officer of a city, nor the county chief

executive, nor any elected or appointed town or village official to whom

the county chief executive has delegated supervisory power as aforesaid

shall be held responsible for acts or omissions of disaster emergency

response personnel when performing disaster assistance.

3. City use of disaster emergency response personnel. a. Upon the

threat or occurrence of a disaster, and during and immediately following

the same, and except as otherwise provided in paragraph d of this

subdivision, the chief executive of a city may direct the emergency

management director of the city to assist in the protection and

preservation of human life or property by calling upon city disaster

emergency response personnel to perform the emergency response duties

assigned to them.

b. The disaster emergency response personnel of the city shall be

regarded as a reserve disaster force to be activated, in whole or in

part, by the city emergency management director upon the direction of

the chief executive officer of the city when the latter, in his or her

discretion, is convinced that the personnel and resources of local

municipal and private agencies normally available for disaster

assistance are insufficient adequately to cope with the disaster.

c. Except as provided in paragraph d of this subdivision, the chief

executive officer of a city may exercise the power conferred upon him in

paragraph a of this subdivision, or may deactivate the disaster

emergency response personnel of the city in whole or in part, on his own

motion or upon the request of the head of the city police force.

d. Where the local office of emergency management in a city is under

the jurisdiction of a consolidated county office of civil defense as

provided in the New York state defense emergency act, the chief

executive officer of such city seeking the assistance of disaster

emergency response personnel in the protection and preservation of human

life or property within such city because of such disaster, must request

the same from the county chief executive in which such city is located,

in the same manner as provided for assistance to towns and villages in

subdivision two of this section.

e. When performing disaster assistance pursuant to this subdivision,

disaster emergency response personnel shall operate under the direction

and command of the city emergency management director and his or her

duly authorized deputies, and shall possess the same powers, duties,

rights, privileges, and immunities they would possess when performing

their duties in a locally sponsored civil defense drill or training

exercise in the city in which they are enrolled, employed or assigned

emergency response responsibilities.

f. Where the city disaster emergency response personnel have been

directed to assist in local disaster operations pursuant to paragraph a

of this subdivision, and the chief executive officer of the city is

convinced that the personnel and resources of local municipal and

private agencies normally available for disaster assistance, including

local disaster emergency response personnel, are insufficient adequately

to cope with the disaster, he or she may certify the fact to the county

chief executive and request the county chief executive to direct the

county emergency management director to render assistance in the city,

as provided in subdivision two of this section.

g. The chief executive officer of a city shall be responsible for the

conduct of disaster operations within the city, including the operations

directed by the county emergency management director, when rendering

disaster assistance within a city pursuant to this subdivision.

h. Neither the chief executive officer of a city, nor the county chief

executive, shall be held responsible for acts or omissions of disaster

emergency response personnel when performing disaster assistance.

Radiological preparedness. 1. The commission:

(a) may monitor directly and record the off-site presence of

radioactive material in the vicinity of nuclear electric generating

facilities located in the state of New York;

(b) shall obtain from the licensees, United States nuclear regulatory

commission-required high range radiation, temperature and pressure

levels in the containment buildings and in the containment building

vents of nuclear electric generating facilities located in the state of

New York; and,

(c) shall obtain, subject to the approval of the United States nuclear

regulatory commission, any reactor data provided by the licensee to the

United States nuclear regulatory commission, which the disaster

preparedness commission determines, as a result of the report issued

pursuant to section twenty-nine-d of this article, to be a reliable

indicator of a possible radiological accident.

Upon the occurrence of a radiological accident, the commission shall

promptly provide appropriate and available radioactivity monitoring data

to any chief executive who requests it. For the purposes of this

section, the term "radiological accident" shall be limited to a

radiological accident occurring at a nuclear electric generating

facility.

2. (a) Any licensee of the United States nuclear regulatory commission

for a nuclear electric generating facility shall be liable for an annual

fee to support state and local governmental responsibilities under

accepted radiological emergency preparedness plans related to the

facility operated by such licensee.

(b) The amount of such fee shall be one million dollars. Such fee,

which shall be payable to the commission on or before December first,

shall be expended or distributed only by appropriation.

3. Such fees shall be expended by the commission for purposes of

supporting state and local government responsibilities under accepted

radiological emergency preparedness plans, including:

(a) purchase, installation, maintenance and operation of equipment

used by the commission and local governments to monitor and record the

potential and actual presence of radioactive materials within the

appropriate planning radius from a nuclear electric generating facility;

(b) purchase, storage and distribution by the commission of equipment,

drugs or other material for the purpose of protecting public health and

safety;

(c) personal service, administrative costs and contractual services;

(d) emergency services personnel training and the plans, development,

implementation, testing and revisions; and,

(e) the state or local share when applying for matching funds.

3-a. (a) Notwithstanding the provisions of subdivision three of this

section, the New York state emergency management office (SEMO) and the

coalition of nuclear counties, which constitutes the counties of Monroe,

Wayne, Oswego, Orange, Putnam, Rockland and Westchester, shall each

receive an equal one-half portion of the total amount of proceeds

resulting from the total assessments and contributions made pursuant to

this section.

(b) The one-half portion of the proceeds resulting from the total

assessments and contributions made pursuant to this section received by

the coalition of nuclear counties shall be distributed pursuant to the

following formula:

Monroe county 12.3%

Orange county 10%

Oswego county 12.5%

Putnam county 9.8%

Rockland county 18%

Wayne county 12.4%

Westchester county 25%

Reports. In order to assess the present preparedness in the

state for any radiological accident and to determine the need for, and

appropriateness of, any additional specific steps by state government,

the commission shall report to the governor and the legislature by

January first, nineteen hundred eighty-two, its findings,

recommendations and proposed legislation where appropriate concerning:

1. The need for and appropriateness of additional specific state

activities or programs beyond those required by the accepted

radiological emergency preparedness plans or provided for under existing

law, including but not limited to:

(a) radiological monitoring equipment;

(b) warning systems and equipment;

(c) medical technologies and equipment;

(d) plume transport and dose assessment models; and

(e) nuclear fuel cycle and materials licensees other than electric

generating facilities.

2. Any such recommendations shall be developed in consultation with

all concerned public and private parties and shall:

(a) take into account proven safety effectiveness;

(b) outline any proposed costs and the means for meeting such costs;

(c) consider related activities of the United States nuclear

regulatory commission or others; and

(d) when appropriate, discuss alternatives and various implementation

stages.

New York state emergency assistance program. 1. For purposes

of this section the following terms shall have the following meanings:

(a) "Infrastructure" shall mean and include publicly owned storm and

sanitary sewers, water supply systems, drainage systems, transportation

systems, roads and bridges.

(b) "Municipality" shall mean any county, city, village, or town of

the state.

(c) "Public facilities" shall mean and include publicly owned

buildings, including traditional government buildings, such as

courthouses, firehouses, police stations, parks, recreational

facilities, and correctional facilities.

(d) "Fund" shall mean the state's contingency reserve fund established

by law.

(e) "The office of emergency management" shall mean the office within

the division of homeland security and emergency services.

2. The governor may, upon a finding that a municipality in the state

has suffered substantial damage by an unanticipated natural disaster

which has resulted in significant economic distress within such

municipality, issue a declaration of significant economic distress in

accordance with the provisions herein. In determining whether such

significant economic distress exists, the governor shall consider

whether the following criteria have been met:

(a) the municipality suffered a substantial loss of assessed value;

(b) substantial damage has occurred to municipal buildings, facilities

and infrastructure;

(c) the cost incurred by the municipality for clean-up operations is

significant;

(d) businesses within the municipality have experienced significant

economic loss due to the inability to conduct normal business due to the

disaster;

(e) a significant increase in unemployment claims filed by persons

employed within the municipality has occurred; and

(f) the county or the county within which the municipality is located

has been declared eligible by the United States small business

administration for physical disaster and economic injury disaster loans.

In addition, the governor shall also consider the extent that other

financial resources, including federal assistance and insurance, are

available to assist the municipality to repair damage caused by the

disaster.

3. (a) Upon the issuance of a declaration of significant economic

distress due to unanticipated natural disaster by the governor, a

municipality recognized by the governor as being affected by such

disaster which occurred on or after December first, nineteen hundred

ninety-two, may apply to the division of homeland security and emergency

services on a form prescribed by such office, for reimbursement from the

state's contingency reserve fund for reimbursement of extraordinary and

unanticipated costs associated with the reconstruction or repair of

public buildings, facilities or infrastructure.

(b) Where the municipality applying for assistance authorized pursuant

to this section is a city, and such application pertains to a county

wholly contained within such city, such city may submit separate

applications for such assistance for each such county.

(c) Such municipality shall be granted the assistance provided

pursuant to this section, within the amounts made available by

appropriation from the fund, upon approval of such application, provided

that such municipality agrees to have a local disaster preparedness plan

pursuant to section twenty-three of this article in effect by December

thirty-first, nineteen hundred ninety-three. On or after December

thirty-first, nineteen hundred ninety-three, no municipality shall be

eligible for reimbursement of such expenses unless such plan is in

effect.

(d) Municipalities which have received assistance pursuant to this

section shall, as soon thereafter as may be possible, amend their

respective local disaster preparedness plans to include corrective

measures that must be taken in order to avoid, to the extent possible,

similar emergencies in the future.

(e) Municipalities applying for assistance pursuant to this section

shall accurately describe the emergency conditions which necessitate the

expenditure of funds for which reimbursement is being sought pursuant to

this section.

(f) In providing assistance pursuant to this section, the division of

homeland security and emergency services may give preference to

applicants which demonstrate the greatest need or which document that

such assistance will be utilized to bring the applicant into compliance

with federal or state law.

(g) In the event that amounts appropriated are insufficient to provide

for full reimbursement of all extraordinary and unanticipated costs

incurred by such municipality approved for reimbursement pursuant to

this section, the division of homeland security and emergency services

is authorized to provide a pro rata share of the appropriations,

appropriated herein, to such municipality.

4. (a) The commissioner of the division of homeland security and

emergency services as defined in article twenty-six of this chapter with

the advice and consent of the disaster preparedness commission created

pursuant to this article, shall have the power to make such rules and

regulations as may be necessary and proper to effectuate the purposes of

this section.

(b) The commissioner of the division of homeland security and

emergency services shall by March fifteenth of each year report to the

governor and the legislature describing the activities and operation of

the program authorized by this section. Such report shall set forth the

number of reimbursement applications received and approved; the

identities of the counties, cities, towns and villages receiving

reimbursement together with the amount and purpose of the reimbursement.

Emergency management assistance compact. 1. The emergency

management assistance compact is made and entered into by and between

the participating member states which enact this compact, hereinafter

called party states. For the purposes of this agreement, the term

"states" is taken to mean the several states, the commonwealth of Puerto

Rico, the District of Columbia, and all United States territorial

possessions.

The purpose of this compact is to provide for mutual assistance

between the states entering into this compact in managing any emergency

or disaster that is duly declared by the governor of the affected state

or states, whether arising from natural disaster, technological hazard,

man-made disaster, civil emergency aspects of resource shortages,

community disorders, insurgency or enemy attack.

This compact shall also provide for mutual cooperation in

emergency-related exercises, testing or other training activities using

equipment and personnel simulating performance of any aspect of the

giving and receiving of aid by party states or subdivisions of party

states during emergencies, such actions occurring outside actual

declared emergency periods. Mutual assistance in this compact may

include the use of the states' national guard forces, either in

accordance with the national guard mutual assistance compact or by

mutual agreement between states.

2. Each party state entering into this compact recognizes that many

emergencies transcend political jurisdictional boundaries and that

intergovernmental coordination is essential in managing these and other

emergencies under this compact. Each state further recognizes that there

will be emergencies which require immediate access and present

procedures to apply outside resources to make a prompt and effective

response to such an emergency. This is because few, if any, individual

states have all the resources they may need in all types of emergencies

or the capability of delivering resources to areas where emergencies

exist.

The prompt, full and effective utilization of resources of the

participating states, including any resources on hand or available from

the federal government or any other source, that are essential to the

safety, care and welfare of the people in the event of any emergency or

disaster declared by a party state, shall be the underlying principle on

which all provisions of this compact shall be understood.

On behalf of the governor of each state participating in the compact,

the legally designated state official who is assigned responsibility for

emergency management will be responsible for formulation of the

appropriate interstate mutual aid plans and procedures necessary to

implement this compact.

3. (a) It shall be the responsibility of each party state to formulate

procedural plans and programs for interstate cooperation in the

performance of the responsibilities listed in this section. In

formulating such plans, and in carrying them out, the party states,

insofar as practical, shall:

(1) Review individual state hazard analysis and, to the extent

reasonably possible, determine all those potential emergencies the party

states might jointly suffer, whether due to natural disaster,

technological hazard, man-made disaster, emergency aspects or resource

shortages, civil disorders, insurgency or enemy attack.

(2) Review party states' individual emergency plans and develop a plan

which will determine the mechanism for the interstate management and

provision of assistance concerning any potential emergency.

(3) Develop interstate procedures to fill any identified gaps and to

resolve any identified inconsistencies or overlaps in existing or

developed plans.

(4) Assist in warning communities adjacent to or crossing the state

boundaries.

(5) Protect and assure uninterrupted delivery of services, medicines,

water, food, energy and fuel, search and rescue and critical lifeline

equipment, services and resources, both human and material.

(6) Inventory and set procedures for the interstate loan and delivery

of human material resources, together with procedures for reimbursement

or forgiveness.

(7) Provide, to the extent authorized by law, for temporary suspension

of any statutes or ordinances that restrict the implementation of the

above responsibilities.

(b) The authorized representative of a party state may request

assistance of another party state by contacting the authorized

representative of that state. The provisions of this agreement shall

only apply to requests for assistance made by and to authorized

representatives. Requests may be verbal or in writing. If verbal, the

request shall be confirmed in writing within thirty days of the verbal

request. Requests shall provide the following information:

(1) A description of the emergency service function for which

assistance is needed, such as, but not limited to, fire services, law

enforcement, emergency medical, transportation, communications, public

works and engineering, building inspection, planning and information

assistance, mass care, resource support, health and medical services,

and search and rescue.

(2) The amount and type of personnel, equipment, materials and

supplies needed, and a reasonable estimate of the length of time that

they will be needed.

(3) The specific place and time for staging of the assisting party's

response and a point of contact at that location.

(c) There shall be frequent consultation between state officials who

have assigned emergency management responsibilities and other

appropriate representatives of the party states with affected

jurisdictions and the United States government, with free exchange of

information, plans and resource records relating to emergency

capabilities.

4. Any party state requested to render mutual aid or conduct exercises

and training for mutual aid shall take such action as is necessary to

provide and make available the resources covered by this compact in

accordance with the terms hereof provided, that it is understood that

the state rendering aid may withhold resources to the extent necessary

to provide reasonable protection for such state.

Each party state shall afford to the emergency forces of any party

state, while operating within its state limits under the terms and

conditions of this compact, the same powers (except that of arrest

unless specifically authorized by the receiving state), duties, rights

and privileges as are afforded forces of the state in which they are

performing emergency services. Emergency forces will continue under the

command and control of their regular leaders, but the organizational

units will come under the operational control of the emergency services

authorities of the state receiving assistance. These conditions may be

activated, as needed, only subsequent to a declaration of a state of

emergency or disaster by the governor of the party state that is to

receive assistance or commencement of exercises or training for mutual

aid and shall continue so long as the exercises or training for mutual

aid are in progress, the state, or states, of emergency or disaster

remains in effect or loaned resources remain in the receiving states,

whichever is longer.

5. Whenever any person holds a license, certificate or other permit

issued by any state party to the compact evidencing the meeting of

qualifications for professional, mechanical or other skills, and when

such assistance is requested by the receiving party state, such person

shall be deemed licensed, certified, or permitted by the state

requesting assistance to render aid involving such skill to meet a

declared emergency or disaster, subject to such limitations and

conditions as the governor of the requesting state may prescribe by

executive order or otherwise.

6. Officers or employees of a party state rendering aid in another

state pursuant to this compact shall be considered agents of the

requesting state for tort liability and immunity purposes and no party

state or its officers or employees rendering aid in another state

pursuant to this compact shall be liable on account or any act or

omission in good faith on the part of such forces while so engaged or on

account of the maintenance or use of any equipment or supplies in

connection therewith. Good faith shall not include willful misconduct,

gross negligence or recklessness.

7. Inasmuch as it is probable that the pattern and detail of the

machinery for mutual aid among two or more states may differ from that

among the states that are parties hereto, this instrument contains

elements of a broad base common to all states, and nothing contained

herein shall preclude any state from entering into supplementary

agreements with another state or affect any other agreements already in

force between states. Supplementary agreements may comprehend, but shall

not be limited to, provisions for evacuation and reception of injured

and other persons and the exchange of medical, fire, police, public

utility, reconnaissance, welfare, transportation and communications

personnel, and equipment and supplies.

8. Each party state shall provide for the payment of compensation and

death benefits to injured members of the emergency forces of that state

and representatives of deceased members of such forces in case such

members sustain injuries or are killed while rendering aid pursuant to

this compact, in the same manner and on the same terms as if the injury

or death were sustained within their own state.

9. Any party state rendering aid in another state pursuant to this

compact shall be reimbursed by the party state receiving such aid for

any loss or damage to or expense incurred in the operation of any

equipment and the provision of any service in answering a request for

aid and for the costs incurred in connection with such requests

provided, that any aiding party state may assume, in whole or in part,

such loss, damage, expense or other cost, or may loan such equipment or

donate such services to the receiving party state without charge or cost

provided, however, that any two or more party states may enter into

supplementary agreements establishing a different allocation of costs

among those states. Expenses under subdivision eight of this section

shall not be reimbursable under this provision.

10. Plans for the orderly evacuation and interstate reception of

portions of the civilian population as the result of any emergency or

disaster of sufficient proportions to so warrant, shall be worked out

and maintained between the party states and the emergency

management/services directors of the various jurisdictions where any

type of incident requiring evacuations might occur. Such plans shall be

put into effect by request of the state from which evacuees come and

shall include the manner of transporting such evacuees, the number of

evacuees to be received in different areas, the manner in which food,

clothing, housing and medical care will be provided, the registration of

the evacuees, the providing of facilities for the notification of

relatives or friends, and the forwarding of such evacuees to other areas

or the bringing in of additional materials, supplies and all other

relevant factors. Such plans shall provide that the party state

receiving evacuees and the party state from which the evacuees come

shall mutually agree as to reimbursement of out-of-pocket expenses

incurred in receiving and caring for such evacuees, for expenditures for

transportation, food, clothing, medicines and medical care, and like

items. Such expenditures shall be reimbursed as agreed by the party

state from which the evacuees come. After the termination of the

emergency or disaster, the party state from which the evacuees come

shall assume the responsibility for the ultimate support of repatriation

of such evacuees.

11. (a) This compact shall become operative immediately upon its

enactment into law by any two states; thereafter, this compact shall

become effective as to any other state upon its enactment by such state.

(b) Any party state may withdraw from this compact by enacting a

statute repealing the same, but no such withdrawal shall take effect

until thirty days after the governor of the withdrawing state has given

notice in writing of such withdrawal to the governors of all other party

states. Such action shall not relieve the withdrawing state from

obligations assumed hereunder prior to the effective date of withdrawal.

(c) Duly authenticated copies of this compact and of such

supplementary agreements as may be entered into shall, at the time of

their approval be deposited with each of the party states and with the

federal emergency management agency and other appropriate agencies of

the United States government.

12. This compact shall be construed to effectuate the purposes stated

in subdivision one of this section. If any provision of this compact is

declared unconstitutional, or the applicability thereof to any person or

circumstances is held invalid, the constitutionality of the remainder of

this compact and the applicability thereof to other persons and

circumstances shall not be affected thereby.

13. Nothing in this compact shall authorize or permit the use of

military forces by the National Guard of a state at any place outside

the state in any emergency for which the president is authorized by law

to call into federal service the militia, or for any purposes for which

the use of the army or the air force would in the absence of express

statutory authorization be prohibited under section 1385 of title 18,

United States code.

14. The legally designated state official who is assigned

responsibility for emergency management shall not offer resources to, or

request resources from, another compact member state, without prior

discussion with and concurrence from the state agency, department,

office, division, board, bureau, commission or authority that may be

asked to provide resources or that may utilize resources from another

compact member state.

15. The director of the state emergency management office shall, on or

before the first day of January, two thousand two, provide to the

legislature and the governor copies of all mutual aid plans and

procedures promulgated, developed or entered into after the effective

date of this section. The director of the state emergency management

office shall annually hereafter provide the legislature and governor

with copies of all new or amended mutual aid plans and procedures on or

before the first day of January of each year.

Intrastate mutual aid program. 1. Creation. There is hereby

created the intrastate mutual aid program to complement existing mutual

aid agreements in the event of a disaster that results in a formal

declaration of an emergency by a participating local government. All

local governments within the state, excepting those which affirmatively

choose not to participate in accordance with subdivision four of this

section, are deemed to be participants in the program; provided,

however, with respect to school districts and boards of cooperative

educational services, such participation shall be limited to the sharing

of facilities management and administrative personnel and equipment.

2. Definitions. As used in this section, the following terms shall

have the following meanings:

a. "Employee" means any person holding a position by election,

appointment, or employment by a local government;

b. "Local government" means any county, city, town, village, school

district or board of cooperative educational services of the state;

c. "Local emergency management director" means the local government

official responsible for emergency preparedness, response and recovery;

d. "Requesting local government" means the local government that asks

another local government for assistance during a declared emergency, or

for the purposes of conducting training, or undertaking a drill or

exercise;

e. "Assisting local government" means one or more local governments

that provide assistance pursuant to a request for assistance from a

requesting local government during a declared emergency, or for the

purposes of conducting training, or undertaking a drill or exercise;

f. "Disaster" shall have the same meaning as in section twenty of this

article;

g. "School district" shall have the same meaning as in title two of

the education law, including any public school district and any special

act school district as defined in section four thousand one of the

education law; and

h. "Board of cooperative educational services" shall have the same

meaning as in section nineteen hundred fifty of the education law.

3. Intrastate mutual aid program committee established; meetings;

powers and duties. a. There is hereby created within the disaster

preparedness commission an intrastate mutual aid program committee, for

purposes of this section to be referred to as the committee, which shall

be chaired by the commissioner of the division of homeland security and

emergency services, and shall include the state fire administrator, the

commissioner of health, the commissioner of education and the

commissioner of agriculture and markets, provided that each such

official may appoint a designee to serve in his or her place on the

committee. The committee shall also include five representatives from

local public safety or emergency response agencies and one

representative from a school district or board of cooperative

educational services. Such representatives, who shall serve a maximum

two-year term, shall be appointed by the commissioner of the division of

homeland security and emergency services, with regard to a balance of

geographic representation and discipline expertise.

b. The committee, on the call of the chairperson, shall meet at least

twice each year and at such other times as may be necessary. The agenda

and meeting place of all regular meetings shall be made available to the

public in advance of such meetings and all such meetings shall be open

to the public.

c. The committee shall have the following powers and responsibilities:

(1) to promulgate rules and regulations, acting through the division

of homeland security and emergency services, to implement the intrastate

mutual aid program as described in this section;

(2) to develop policies, procedures and guidelines associated with the

program, including a process for the reimbursement of assisting local

governments by requesting local governments;

(3) to evaluate the use of the intrastate mutual aid program;

(4) to examine issues facing participating local governments regarding

the implementation of the intrastate mutual aid program; and

(5) to prepare reports to the disaster preparedness commission

discussing the effectiveness of mutual aid in the state and making

recommendations for improving the efficacy of the system, if

appropriate.

4. Local government participation in the intrastate mutual aid

program. a. A local government may elect not to participate in the

intrastate mutual aid program, or to withdraw from the program, by its

governing body enacting a resolution declaring that it elects not to

participate in the program and providing such resolution to the division

of homeland security and emergency services. Participation in the

program will continue until a copy of such resolution is received and

confirmed by the division of homeland security and emergency services.

b. A local government that has declined to participate in the program

may, acting by resolution through its governing body and providing a

copy of the resolution to the division of homeland security and

emergency services, elect to participate in the program.

c. Nothing in this section shall preclude a local government from

entering into mutual aid agreements with other local governments or

other entities with terms that supplement or differ from the provisions

of this section.

d. Nothing in this section shall affect any other agreement to which a

local government may currently be a party, or later enter into,

including, but not limited to, the state fire mobilization and mutual

aid plan.

5. Fire related resources. Notwithstanding the authority vested

pursuant to this section, all fire related resources shall be

administered pursuant to section two hundred nine-e of the general

municipal law.

6. Requesting assistance under the intrastate mutual aid program. a.

Subject to the restrictions on school districts and boards of

cooperative educational services set forth in subdivision one of this

section, the state or a participating local government may request

assistance of other participating local governments in preventing,

mitigating, responding to and recovering from disasters that result in

the declaration of a state disaster emergency or locally-declared

emergencies, or for the purpose of conducting multi-jurisdictional or

regional training, drills or exercises. Requests for assistance may be

made verbally or in writing; verbal requests shall be memorialized in

writing as soon thereafter as is practicable. Notwithstanding the

provisions of section twenty-five of this article, the local emergency

management director shall have the authority to request and accept

assistance and deploy the local resources of his or her jurisdiction

under the intrastate mutual aid program. The director of the state

office of emergency management is authorized to request and accept

assistance pursuant to this section.

b. Once an emergency is declared at the county level, all requests and

offers for assistance, to the extent practical, shall be made through

the county emergency management office, or in the case of the city of

New York, through the city emergency management office. All requests for

assistance should include:

(1) a description of the disaster;

(2) a description of the assistance needed;

(3) a description of the mission for which assistance is requested;

(4) an estimate of the length of time the assistance will be needed;

(5) the specific place and time for staging of the assistance and a

point of contact at that location; and

(6) any other information that will enable an assisting local

government to respond appropriately to the request.

c. Assisting local governments shall submit to the state or requesting

local government an inventory of the resources being deployed.

d. The written request for assistance and all inventories of resources

being deployed shall be submitted to the division of homeland security

and emergency services within three calendar days of the request for or

deployment of such resources.

7. Division of homeland security and emergency services

responsibilities under the intrastate mutual aid program. The division

of homeland security and emergency services shall provide notification

by mail to each local government with a comprehensive description of the

intrastate mutual aid program, including a statement that all local

governments are participants of the program unless they expressly opt

out pursuant to subdivision four of this section; maintain a current

list of participating local governments with their authorized

representatives and contact information, and provide a copy of the list

to each of the participating local governments on an annual basis during

the second quarter of each calendar year; monitor and report to the

intrastate mutual aid program committee on the use of the intrastate

mutual aid program; coordinate the provision of mutual aid resources in

accordance with the comprehensive emergency management plan and

supporting protocols; identify mutual aid best practices; when

practical, provide the committee with statistical information related to

the use of mutual aid during recent regional disaster responses; and

assist with the development, implementation and management of a

state-wide resource typing system.

8. Reimbursement of assisting local government by the state or

requesting local government; resolving disputes regarding reimbursement.

a. Any assisting local government requesting reimbursement under this

program for loss, damage or expenses incurred in connection with the

provision of assistance that seeks reimbursement by the state or

requesting local government shall make such request in accordance with

procedures developed by the intrastate mutual aid committee.

b. Notwithstanding the provisions of section twenty-five of this

article or any inconsistent provision of law to the contrary, the state

or any requesting local government requesting assistance under this

program shall be liable and responsible to the assisting local

government for any loss or damage to equipment or supplies and shall

bear and pay the expense incurred in the operation and maintenance of

any equipment and the cost of materials and supplies used in rendering

assistance under this section.

c. The assisting local government shall be liable for salaries or

other compensation for its employees deployed to the state or a

requesting local government during the time they are not rendering

assistance pursuant to such request, and shall defray the actual

traveling and maintenance expense of its employees and equipment while

they are rendering assistance under this section. The state or

requesting local government shall reimburse the assisting local

government for any moneys paid for such salaries or other compensation

and traveling and maintenance expenses incurred from activities

performed while rendering assistance under this program.

d. Notwithstanding paragraph c of this subdivision, any voluntary

ambulance service rendered pursuant to a request for assistance under

this program that affects a volunteer ambulance workers service award or

supplemental service award from a service award program or a

supplemental service award program established pursuant to article

eleven-aa, article eleven-aaa, or article eleven-aaaa of the general

municipal law shall be the responsibility of the political subdivision

which adopted the service award program or supplemental service award

program and not the responsibility of the state or requesting local

government.

e. Where a dispute arises between an assisting local government and

the state or a requesting local government regarding reimbursement for

loss, damages or expenses incurred in connection with the provision of

aid, the parties will make every effort to resolve the dispute within

thirty business days of written notice of the dispute by the party

asserting noncompliance.

9. Performance of services. a. (1) Employees of an assisting local

government shall continue under the administrative control of their home

jurisdiction. However, in all other cases where not prohibited by

general, special or local law, rule or regulation, employees of an

assisting local government shall be under the direction and control of

the director of the state office of emergency management, local

emergency management director or other official charged with performing

emergency management functions for the state or requesting local

government;

(2) Performance by employees of an assisting local government of

services for the state or a requesting local government pursuant to this

section shall have no impact upon whether negotiating unit employees

represented by an employee organization, recognized or certified

pursuant to section two hundred six or two hundred seven of the civil

service law, exclusively perform such services, as that phrase is used

by the public employment relations board, on behalf of the state or

requesting local government;

b. Assets and equipment of an assisting local government shall

continue under the ownership of the assisting local government, but

shall be under the direction and control of the director of the state

office of emergency management, local emergency management director or

other official charged with performing emergency management functions

for the state or requesting local government.

10. Liability. a. Each local government is responsible for procuring

and maintaining insurance or other coverage as it deems appropriate.

b. While rendering assistance under the intrastate mutual aid program,

employees of the assisting local government shall have the same

immunities and privileges as if such duties were performed within their

home jurisdiction. An assisting local government providing assistance

pursuant to the intrastate mutual aid program shall be liable for the

negligence of its employees, which occurs in the performance of their

duties in the same manner and to the same extent as if such negligence

occurred in the performance of their duties in their home jurisdiction.

c. Employees of an assisting local government responding to or

rendering assistance pursuant to a request for assistance who sustain

injury or death in the course of, and arising out of, their response are

entitled to all applicable benefits as if they were responding in their

home jurisdiction. The assisting local government shall be liable for

all costs or payments for such benefits as required by law.

d. Nothing in this section shall be construed to prevent the assisting

and requesting local governments from agreeing to other terms related to

liability and compensation. Local governments may choose to enter into

an agreement, at any time, to alter these terms as they deem necessary.

e. Nothing in this section shall be construed to provide any

protection against liability, or to create any liability, for an

individual who responds to a state of emergency where aid has not been

requested, or where aid has not been authorized by the individual's home

jurisdiction.

11. Obligation of insurers. Nothing in this section shall impair,

alter, limit or modify the rights or obligations of any insurer under

any policy of insurance.

12. License, certificate and permit portability. a. State certified

emergency medical services providers who respond outside of their normal

jurisdiction pursuant to a request for assistance under this program

shall follow their normal operating protocols as if they were responding

and rendering services in their home jurisdiction.

b. Any other individual authorized and deployed by a participating

local government when responding pursuant to a request for assistance

under this program shall have the same powers and duties as if they were

responding in their home jurisdiction.

Immunity from liability for emergency alerts. Any provider of

mobile services, as defined in 47 U.S.C. 153, including its officers,

directors, employees, affiliates, vendors and agents, acting on behalf

of the state, and any third-party intermediary transmission service

provider, including such third-party intermediary transmission service

provider's affiliates, officers, directors, employees, vendors and

agents, acting directly or indirectly on behalf of the state or on

behalf of any such provider of mobile services, that transmits emergency

alerts similar to those described in 47 CFR 10.10 and 10.400, or that

transmits any other type or form of emergency alert messages, shall not

be liable for any act or omission related to or any harm resulting from

the transmission of, or failure to transmit, an emergency alert,

provided that such provider, officer, director, employee, affiliate,

vendor or agent acted reasonably and in good faith.

Acceptance of gifts. 1. The state office of emergency

management within the division of homeland security and emergency

services may accept any assistance, including but not limited to gifts

or grants of real or personal property, but not including money, from

any public or private source for the purpose of preparing for,

responding to, or recovering from a state disaster emergency. Such

assistance may be used to support state and local disaster operations or

distributed to disaster response organizations supporting local disaster

response operations. To the extent practicable, the office of emergency

management shall distribute such assistance in consultation with local

governments, not-for-profit organizations, and other disaster response

organizations that have experience responding to state disaster

emergencies.

2. The state office of emergency management shall maintain a database

of all assistance accepted during the state disaster emergency and shall

make such information available to the public on its website. The

database shall include, but is not limited to, the name of the donor,

type of assistance provided, value of the assistance, recipient of the

assistance (if available), date of the donation and date of

distribution.

3. The director of the office of emergency management, in consultation

with the commissioner of the division of homeland security and emergency

services, may promulgate rules and regulations necessary to implement

this section.

Northern emergency management assistance compact.

Notwithstanding any other law, the state, through the governor, may

enter the northern emergency management assistance compact (P.L.

112-282, ratified by Congress on January fourteenth, two thousand

thirteen). Such compact shall be deemed ratified by the legislature upon

the governor's certification to the temporary president of the senate,

the speaker of the assembly, and the secretary of state, that New York

has entered into the compact.

International Emergency Management Assistance Compact.

Notwithstanding any other law, the state, through the governor, may

enter the compact established by the emergency management assistance

memorandum of understanding (executed on July eighteenth, two thousand

by the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode

Island, and Vermont and the Canadian provinces of New Brunswick,

Newfoundland, Nova Scotia, Prince Edward Island, and Quebec) at the

twenty-fifth conference of New England Governors and Eastern Canadian

Premiers, as authorized by Article II(j) of the Agreement between the

Government of the United States and the Government of Canada on

Cooperation in Comprehensive Emergency Planning and Management renewed

on December second, nineteen ninety-eight. Such compact shall be deemed

ratified by the legislature upon the governor's certification to the

temporary president of the senate, the speaker of the assembly, and the

secretary of state, that New York has entered into the compact.

Executive department. There shall continue to be in the state

government an executive department. The head of the executive department

shall be the governor. The governor may appoint such subordinates and

employees as may be necessary for the exercise of his powers and the

performance of his duties as head of the executive department, and may

prescribe their duties and fix their compensation within the amounts

appropriated therefor.

Divisions. There shall be in the executive department the

following divisions:

1. The division of the budget.

2. The division of military and naval affairs.

3. The office of general services.

4. The division of state police.

5. The division of housing.

6. The division of alcoholic beverage control.

7. The division of human rights.

8. The division of homeland security and emergency services.

9. Office of information technology services.

The governor may establish, consolidate, or abolish additional

divisions and bureaus.

Authority not to renew. 1. For the purposes of this section,

"state agency" shall mean any state department, board, bureau, division,

commission, committee, public authority, public benefit corporation,

council, office, or other governmental entity performing a governmental

or proprietary function for the state.

2. Notwithstanding any other provision of law, when a state agency

levies fees or assesses civil fines or penalties for licensing or

regulatory matters, such state agency shall, following consultation with

the state department of law and after such appropriate due process as

required by the provisions of law applicable to such state agency and to

such licensing or regulatory matters, not be required to renew any

license, permit, or certificate of qualification, authority, or

operation, of any business, individual, or other entity, which is not a

state agency, municipal corporation or district corporation, if such

business, individual or other entity has failed to pay or enter into a

written agreement to settle outstanding fees, civil penalties or fines

assessed by such state agency.

Department of audit and control; comptroller. There shall

continue to be in the state government a department of audit and

control.

1. The head of the department of audit and control shall be the

comptroller. He shall be paid an annual salary of one hundred fifty-one

thousand five hundred dollars.

2. The organization of the department of audit and control is

continued until changed by or pursuant to law. The comptroller may

establish such divisions, bureaus, sections and units in the department

as he may deem necessary and may consolidate, alter or abolish any of

them.

3. The functions of the comptroller, and his powers and duties

pertaining thereto, shall be exercised and performed in the department

of audit and control by the comptroller and by such divisions, bureaus,

sections, units and officers in the department as he may designate.

Deputies and assistants; undertakings. 1. The comptroller shall

appoint eight deputies, one of whom shall be the first deputy

comptroller. Such deputies shall receive annual salaries to be fixed by

the comptroller within amounts appropriated therefor. Each of such

deputies may perform any of the powers or duties of the comptroller.

2. The comptroller also may appoint such other officers, assistants

and employees as he may deem necessary for the exercise and performance

of his powers and duties and those of the department. Such officers,

assistants and employees shall receive such compensation as may be fixed

by the comptroller within the amounts appropriated therefor.

Deputy comptroller for the city of New York. In addition to

the deputies otherwise authorized by law, the comptroller shall, by and

with the advice and consent of the senate, appoint a deputy comptroller

for the city of New York. Such deputy may be removed or replaced by the

comptroller and shall receive an annual salary to be fixed by the

comptroller within the amounts appropriated therefor. Such deputy may

perform any of the powers or duties of the comptroller and he shall

assist the New York state financial control board created pursuant to

section five of the New York state financial emergency act for the city

of New York in carrying out and exercising the responsibilities assigned

and powers granted to such board.

Supervision of money paid into court. The comptroller shall

have power, at any time, to examine the books, papers, records and

accounts of any public office or officer of the state, or of any

subdivision of the state in anywise relating to moneys or securities

paid into court or ordered by any court of record or required by statute

to be so paid.

Examiners. 1. Whenever the comptroller may deem it necessary to

enable him to perform the duties imposed upon him by law with regard to

the inspection, examination and audit of the fiscal affairs of the state

or of the several officers, departments, institutions, public

corporations or political subdivisions thereof, he may assign the work

of such inspection, audit and examination to any examiner or examiners

appointed by him pursuant to law.

2. The comptroller is authorized to employ such examiners as he may

deem necessary to carry out the provisions of law in relation to his

duty as to money paid into court.

Records and data in aid of audit; destruction of certain papers.

1. Where powers and duties of the comptroller relate to moneys, funds or

securities of the state, or to state appropriations, or to funds and

securities administered under state supervision, or to obligations of

the state or of state agencies, the comptroller, except as provided in

subdivision two of this section, shall preserve all data and records

pertaining to his acts and proceedings in the exercise and performance

of such powers and duties, and of his transactions with other public

officers, and with corporations and individuals, in connection

therewith, to the end that the necessary information acquired by him

through such acts, proceedings and transactions may be at all times

available as an aid to the comptroller and his successors in exercising

the functions of audit of vouchers, official accounts, accrual and

collection of revenues and receipts, and of prescribed methods of

accounting.

2. Notwithstanding any other provision of this article, the

comptroller may destroy any of the following described papers now or

hereafter in the custody of the department of audit and control after

they have been in such custody six years or more:

a. Estimates and requisitions of state departments, commissions,

boards, bodies, officers and institutions;

b. Working papers;

c. Unsuccessful bids;

d. Any other papers which, in the judgment of the comptroller, are not

and will not be of use in connection with audits, accounts and

accountings, accrual and collection of revenues and receipts or payments

of moneys from the state treasury or from any fund or funds in his

custody.

The comptroller shall not destroy any papers which in his judgment

might be of historic value without first submitting a description

thereof to the commissioner of education and obtaining his consent to

their destruction. This subdivision shall not authorize the destruction

of any papers the preservation or production of which shall have been

directed by a court or judge for the purposes of an action or

proceeding.

Authority to represent the state as owner of abutting property.

Whenever by law owners of property abutting upon a street or highway, or

any number or percentage thereof, are authorized to petition or

otherwise initiate any proceeding respecting the use, occupation or

improvement of such street or highway, or the consent of such owners or

of any number or percentage thereof is a prerequisite to the use,

occupation or improvement of a street or highway, the comptroller in

behalf of the state, upon the approval of the attorney-general, is

authorized to join in any petition, take any action or consent to the

use, occupation or improvement of such a street or highway, affecting

the property of the state abutting upon such street or highway, with the

same force and effect, and subject to the same limitations and

conditions, as the owners of other property abutting upon such street or

highway.

Office of welfare inspector general. 1. There is hereby created

in the department of audit and control an office of welfare inspector

general. The head of the office shall be the welfare inspector general,

who shall be appointed by the comptroller, by and with the advice and

consent of the senate.

2. The comptroller shall fix the compensation of the welfare inspector

general within the amounts appropriated therefor.

Organization of offices; officers and employees. 1.

Notwithstanding any inconsistent provision of law, the welfare inspector

general may, from time to time, subject to the approval of the state

comptroller, create, abolish, transfer and consolidate divisions,

bureaus and other units within the office as he may determine necessary

for the efficient operation of the office.

2. The welfare inspector general may, subject to the approval of the

state comptroller, appoint such deputies, directors, assistants and

other officers and employees as may be needed for the performance of his

duties and may prescribe their powers and fix their compensation within

the amounts appropriated therefor.

General functions, powers and duties of office of welfare

inspector general. The office of welfare inspector general, by and

through the welfare inspector general, or his duly authorized deputy,

director, assistant, officer or employee, shall have the following

functions, powers and duties notwithstanding section one hundred

thirty-six of the social services law:

1. To receive and investigate complaints from the public or any other

source concerning alleged abuses, suspected frauds, and other violations

of the welfare system which shall be deemed to include medical

assistance. As used in this article, the term "medical assistance" shall

have the same meaning contained in section three hundred sixty-five-a of

the social services law.

2. To receive complaints of alleged failures to prosecute frauds

against the welfare system which shall be deemed to include medical

assistance and to investigate the same.

3. To receive complaints of alleged failures to enforce the state's

laws regarding the employment of welfare recipients in available

employment, and to investigate the same.

4. To receive complaints of alleged failures of local officials and

employees to comply with state laws and regulations regarding welfare

administration which shall be deemed to include medical assistance, and

to investigate the same.

5. On the initiative of the office and at the direction of the welfare

inspector general, to conduct any investigation: of the operations of

the state social services department and local social services

districts, the state health department and local health departments, and

the state department of mental hygiene and community mental health

boards in order to insure proper expenditure of welfare funds; of

violations of the welfare system; of failure to prosecute welfare

frauds; of failure to enforce the state's laws regarding the employment

of welfare recipients in available employment; of failure of local

officials and employees to comply with state law, rules, and regulations

regarding welfare administration which shall be deemed to include

medical assistance, and other matters relating thereto.

6. To exercise and perform such other functions, powers and duties as

may from time to time be conferred or imposed by law.

7. To make an annual report to the governor, the comptroller and the

legislature concerning its work during the preceding year, and to make

such further interim reports to them as they or any of them shall deem

advisable or require.

8. To conduct any inquiry pertinent or material to the discharge of

the functions, powers and duties imposed by law; and through designated

members of the staff, to subpoena witnesses, administer oaths, take

testimony and compel the production of such books, papers, records and

documents as may be relevant to any such inquiry and investigation.

9. To do all things necessary or convenient to carry out the

functions, powers and duties set forth in this article, to the extent

they conform with applicable federal requirements, if any.

10. To make, amend or repeal such rules and regulations as may be

necessary with the approval of the state comptroller, for the

performance of the duties imposed hereunder.

Cooperation and assistance of other agencies. The office of

welfare inspector general may request from any department, board,

bureau, commission or other agency of the state and its political

subdivisions, and the same are authorized and directed to provide, such

cooperation and assistance, services and data as will enable the office

properly to carry out its functions, powers and duties. As an incident

to rendering such cooperation and assistance, all governmental agencies

shall be required to submit a written response to the office of welfare

inspector general respecting its reports and findings when so requested

by said office. Section one hundred thirty-six of the social services

law shall in no way be construed to restrict any person or governmental

body from cooperating and assisting the welfare inspector general

hereunder. Section six hundred ninety-seven or any other provision of

the tax law shall in no way be construed to restrict the office of

welfare inspector general from obtaining the name, address, social

security number, employment history and number of dependents claimed for

any individual certified by the welfare inspector general, or his

designee, to be a welfare recipient and suspected of abusing, defrauding

or otherwise violating the welfare system.

Referral of evidence. 1. Upon the discovery of evidence of the

commission of a crime by any person, the welfare inspector general shall

refer such evidence to the district attorney of the county in which the

alleged crime occurred, for the appropriate action of such district

attorney.

2. Upon the discovery of evidence of a violation by a social services

official or employee of the laws, rules or regulations of the state

regarding welfare administration, the welfare inspector general shall

refer such evidence to the state commissioner of social services for

appropriate action of such commissioner.

Jurisdiction. This article shall, subject to the limitations

contained herein, confer upon the office of the state inspector general,

jurisdiction over all covered agencies. For the purposes of this article

"covered agency" shall include all executive branch agencies,

departments, divisions, officers, boards and commissions, public

authorities (other than multi-state or multi-national authorities), and

public benefit corporations, the heads of which are appointed by the

governor and which do not have their own inspector general by statute.

Wherever a covered agency is a board, commission, a public authority or

public benefit corporation, the head of the agency is the chairperson

thereof.

Establishment and organization. 1. There is hereby established

the office of the state inspector general in the executive department.

The head of the office shall be the state inspector general who shall be

appointed by the governor.

2. The state inspector general shall hold office until the end of the

term of the governor by whom he or she was appointed and until his or

her successor is appointed and has qualified.

3. The state inspector general shall report to the secretary to the

governor.

4. The state inspector general may appoint one or more deputy

inspectors general to serve at his or her pleasure, who shall be

responsible for conducting investigations in the agencies to which they

are designated and in which they are deemed employed.

5. The salary of the inspector general shall be established by the

governor within the limit of funds available therefore; provided,

however, such salary shall be no less than the salaries of certain state

officers holding the positions indicated in paragraph (a) of subdivision

one of section one hundred sixty-nine of the executive law.

Functions and duties. The state inspector general shall have the

following duties and responsibilities:

1. receive and investigate complaints from any source, or upon his or

her own initiative, concerning allegations of corruption, fraud,

criminal activity, conflicts of interest or abuse in any covered agency;

1-a. receive and investigate complaints from any source, or upon his

or her own initiative, concerning allegations of corruption, fraud, use

of excessive force, criminal activity, conflicts of interest or abuse by

any police officer in a covered agency and promptly inform the division

of criminal justice services, in the form and manner as prescribed by

the division, of such allegations and the progress of investigations

related thereto unless special circumstances require confidentiality.

Nothing in this subdivision shall require the division of criminal

justice services to participate in the investigation of such allegations

or take action or prevent the division of criminal justice services from

taking action authorized pursuant to subdivision three of section eight

hundred forty-five of this chapter in the time and manner determined by

the commissioner of the division of criminal justice services.

2. inform the heads of covered agencies of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality;

3. determine with respect to such allegations whether disciplinary

action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted, and to assist

in such investigations;

4. prepare and release to the public written reports of such

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses. The

release of all or portions of such reports may be deferred to protect

the confidentiality of ongoing investigations;

5. review and examine periodically the policies and procedures of

covered agencies with regard to the prevention and detection of

corruption, fraud, criminal activity, conflicts of interest or abuse;

6. recommend remedial action to prevent or eliminate corruption,

fraud, criminal activity, conflicts of interest or abuse in covered

agencies;

7. establish programs for training state officers and employees

regarding the prevention and elimination of corruption, fraud, criminal

activity, conflicts of interest or abuse in covered agencies.

Powers. The state inspector general shall have the power to:

1. subpoena and enforce the attendance of witnesses;

2. administer oaths or affirmations and examine witnesses under oath;

3. require the production of any books and papers deemed relevant or

material to any investigation, examination or review;

4. notwithstanding any law to the contrary, examine and copy or remove

documents or records of any kind prepared, maintained or held by any

covered agency;

5. require any officer or employee in a covered agency to answer

questions concerning any matter related to the performance of his or her

official duties. No statement or other evidence derived therefrom may be

used against such officer or employee in any subsequent criminal

prosecution other than for perjury or contempt arising from such

testimony. The refusal of any officer or employee to answer questions

shall be cause for removal from office or employment or other

appropriate penalty;

6. monitor the implementation by covered agencies of any

recommendations made by state inspector general;

7. perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

* 8. Appoint an independent monitor to provide guidance and technical

assistance related to the policies, practices, programs and decisions of

the Orange county industrial development agency and the funding

corporation, as authorized in subdivisions two, three, four, five, six,

seven and eight of section nine hundred twelve-b of the general

municipal law.

* NB Repealed May 3, 2030

Responsibilities of covered agencies, state officers and

employees. 1. Every state officer or employee in a covered agency shall

report promptly to the state inspector general any information

concerning corruption, fraud, criminal activity, conflicts of interest

or abuse by another state officer or employee relating to his or her

office or employment, or by a person having business dealings with a

covered agency relating to those dealings. The knowing failure of any

officer or employee to so report shall be cause for removal from office

or employment or other appropriate penalty. Any officer or employee who

acts pursuant to this subdivision by reporting to the state inspector

general improper governmental action as defined in section

seventy-five-b of the civil service law shall not be subject to

dismissal, discipline or other adverse personnel action.

2. The head of any covered agency shall advise the governor within

ninety days of the issuance of a report by the state inspector general

as to the remedial action that the agency has taken in response to any

recommendation for such action contained in such report.

Jurisdiction. 1. This article shall, subject to the limitations

contained herein, confer upon the office of the inspector general of New

York for transportation investigative and prosecutorial power over

criminal and unethical conduct involving individuals serving at a senior

level in operations, financing or management of a transportation entity

located in a city of a population of one million or more where such

action or actions occurred within the state; and investigative and

prosecutorial power of criminal and unethical conduct involving

managerial appointees or managerial employees of any transportation

entity where such action or actions occurred within the state.

2. For the purposes of this article: (a) "transportation entity" shall

mean any public entity located within a city of one million or more

involved in the transportation of persons, goods or other items within

or to and from the state of New York where at least one individual

involved at a senior level in operations, financing or management of

such entity is appointed by the governor;

(b) "individuals involved at a senior level in operations, financing

or management" shall mean individuals that exert full or partial control

over formal actions taken by a transportation entity or on behalf of

such entity, or exert independent judgment in the fulfillment of their

duties and obligations, but shall not include individuals whose actions

are of a routine or clerical nature; and

(c) "managerial appointee" or "managerial employee" shall mean any

individual who (i) participates directly or as part of a team in

formulating policy; (ii) may reasonably be required to assist directly

in the preparation for and conduct of negotiations concerning major

fiscal matters, procurements or expenditures in excess of one hundred

thousand dollars provided that such role is not of a routine or clerical

nature and requires the exercise of independent judgment; or (iii) has a

major role in the administration of personnel agreements or in personnel

administration, provided that such role is not of a routine or clerical

nature and requires the exercise of independent judgment.

3. Nothing contained in this section shall replace or diminish the

jurisdiction of the attorney general or any district attorney, or the

inspector general of any transportation entity.

4. The inspector general shall be authorized to:

(a) receive, investigate and prosecute complaints regarding any

individuals involved at a senior level in operations, financing or

management or managerial appointee or managerial employee of any

transportation entity concerning corruption, conflicts of interest,

fraud, waste and abuse, recusals or failure to recuse, or criminal

activity in any case where such conduct, action or failure occurred

before or after the effective date of the chapter of the laws of two

thousand seventeen that added this article and where such conduct,

action or failure occurred in New York;

(b) represent the state in any administrative hearing or

administrative proceeding involving any criminal or unethical conduct of

individuals involved at a senior level in operations, financing or

management or a managerial appointee or managerial employee of a

transportation entity where such conduct occurred in New York; and

(c) represent the state in civil actions involving any criminal or

unethical conduct of individuals involved at a senior level in

operations, financing or management or a managerial appointee or

managerial employee of a transportation entity where such conduct

occurred in New York.

Establishment and organization. 1. There shall be an office of

the inspector general of New York for transportation in the executive

department. The head of the office shall be the inspector general of New

York for transportation.

2. The inspector general shall be appointed by the governor and shall

hold office until the end of the term of the governor by whom he or she

is appointed and until his or her successor is appointed.

3. The inspector general may appoint a deputy inspector general to

serve at his or her pleasure, who shall be responsible for conducting

investigations and prosecuting violations of law. The inspector general

shall identify a process for a coordinated approach with prosecutors to

avoid duplication and provide for a timely response to alleged

violations.

4. The salary of the inspector general shall be established by the

governor within the limit of funds available therefore.

Functions and duties. The inspector general of New York for

transportation shall have the following duties and responsibilities:

1. receive, investigate, and prosecute complaints from any source, or

upon his or her own initiative, concerning allegations of corruption,

conflicts of interest, fraud, waste and abuse, recusals or failure to

recuse, or criminal activity regarding any transportation entity,

conduct or activity or failure to act by any individuals involved at a

senior level in operations, financing or management or managerial

appointee or managerial employee of a transportation entity occurring

before or after the effective date of the chapter of the laws of two

thousand seventeen that added this article, in violation of New York law

and occurring in New York;

2. inform the transportation entity of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality, provided that the inspector general shall

maintain a written record that specifies the reason confidentiality is

necessary under this paragraph;

3. issue a subpoena or subpoenas requiring a person or persons to

appear before the grand jury, trial court, produce documents, provide a

sworn statement under oath and be examined in reference to any matter

within the jurisdiction of the inspector general. A subpoena issued

under this section shall be governed by article twenty-three of the

civil practice law and rules or articles one hundred ninety or six

hundred ten of the criminal procedure law. The inspector general or his

or her deputy or any person designated in writing by them may administer

an oath to a witness in any such investigation or prosecution and may

seek to confer immunity for compelled testimony pursuant to article

fifty of the criminal procedure law;

4. determine with respect to such allegations whether to initiate

civil or criminal prosecution, or make a referral for further

investigation by an appropriate federal, state or local agency or any

other office of inspector general as is warranted, and to assist in such

investigations; and

5. prepare and release to the public written reports of such

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses. The

release of all or portions of such reports may be deferred to protect

the confidentiality of ongoing investigations, provided that the

inspector general shall maintain a written record that specifies the

reason confidentiality is necessary under this subdivision.

Department of law. There shall continue to be in the state

government a department of law. The head of the department of law shall

be the attorney-general who shall receive an annual salary of one

hundred fifty-one thousand five hundred dollars.

Solicitor general. There shall be in the department of law a

solicitor general who shall be appointed by the attorney-general and who

shall perform such duties in the place and stead of the attorney-general

as may lawfully be assigned to him. The attorney-general shall fix his

compensation within the amounts appropriated therefor.

Assistants. 1. The attorney-general may appoint such assistant

attorneys-general, deputy assistant attorneys-general and attorneys as

he may deem necessary and fix their compensation within the amounts

appropriated therefor. Whenever deputy or deputy attorney-general is

referred to or designated in any law, contract or document such

references or designations shall be deemed to refer to and include

assistant attorneys-general, deputy assistant attorneys-general or

attorneys appointed by the attorney-general.

General duties. The attorney-general shall:

1. Prosecute and defend all actions and proceedings in which the state

is interested, and have charge and control of all the legal business of

the departments and bureaus of the state, or of any office thereof which

requires the services of attorney or counsel, in order to protect the

interest of the state, but this section shall not apply to any of the

military department bureaus or military offices of the state. No action

or proceeding affecting the property or interests of the state shall be

instituted, defended or conducted by any department, bureau, board,

council, officer, agency or instrumentality of the state, without a

notice to the attorney-general apprising him of the said action or

proceeding, the nature and purpose thereof, so that he may participate

or join therein if in his opinion the interests of the state so warrant.

2. Whenever required by the governor, attend in person, or by one of

his deputies, any term of the supreme court or appear before the grand

jury thereof for the purpose of managing and conducting in such court or

before such jury criminal actions or proceedings as shall be specified

in such requirement; in which case the attorney-general or his deputy so

attending shall exercise all the powers and perform all the duties in

respect of such actions or proceedings, which the district attorney

would otherwise be authorized or required to exercise or perform; and in

any of such actions or proceedings the district attorney shall only

exercise such powers and perform such duties as are required of him by

the attorney-general or the deputy attorney-general so attending. In all

such cases all expenses incurred by the attorney-general, including the

salary or other compensation of all deputies employed, shall be a county

charge.

3. Upon request of the governor, comptroller, secretary of state,

commissioner of transportation, superintendent of financial services,

commissioner of taxation and finance, commissioner of motor vehicles, or

the state inspector general, or the head of any other department,

authority, division or agency of the state, investigate the alleged

commission of any indictable offense or offenses in violation of the law

which the officer making the request is especially required to execute

or in relation to any matters connected with such department, and to

prosecute the person or persons believed to have committed the same and

any crime or offense arising out of such investigation or prosecution or

both, including but not limited to appearing before and presenting all

such matters to a grand jury.

4. Cause all persons indicted for corrupting or attempting to corrupt

any member or member-elect of the legislature, or the commissioner of

general services, to be brought to trial.

5. When required by the comptroller or the superintendent of public

works, prepare proper drafts for contracts, obligations and other

instruments for the use of the state.

6. Upon receipt thereof, pay into the treasury all moneys received by

him for debts due or penalties forfeited to the people of the state.

7. He may, on behalf of the state, agree upon a case containing a

statement of the facts and submit a controversy for decision to a court

of record which would have jurisdiction of an action brought on the same

case. He may agree that a referee, to be appointed in an action to which

the state is a party, shall receive such compensation at such rate per

day as the court in the order of reference may specify. He may with the

approval of the governor retain counsel to recover moneys or property

belonging to the state, or to the possession of which the state is

entitled, upon an agreement that such counsel shall receive reasonable

compensation, to be fixed by the attorney-general, out of the property

recovered, and not otherwise.

8. Whenever in his judgment the public interest requires it, the

attorney-general may, with the approval of the governor, and when

directed by the governor, shall, inquire into matters concerning the

public peace, public safety and public justice. For such purpose he may,

in his discretion, and without civil service examination, appoint and

employ, and at pleasure remove, such deputies, officers and other

persons as he deems necessary, determine their duties and, with the

approval of the governor, fix their compensation. All appointments made

pursuant to this subdivision shall be immediately reported to the

governor, and shall not be reported to any other state officer or

department. Payments of salaries and compensation of officers and

employees and of the expenses of the inquiry shall be made out of funds

provided by the legislature for such purposes, which shall be deposited

in a bank or trust company in the names of the governor and the

attorney-general, payable only on the draft or check of the

attorney-general, countersigned by the governor, and such disbursements

shall be subject to no audit except by the governor and the

attorney-general. The attorney-general, his deputy, or other officer,

designated by him, is empowered to subpoena witnesses, compel their

attendance, examine them under oath before himself or a magistrate and

require that any books, records, documents or papers relevant or

material to the inquiry be turned over to him for inspection,

examination or audit, pursuant to the civil practice law and rules. If a

person subpoenaed to attend upon such inquiry fails to obey the command

of a subpoena without reasonable cause, or if a person in attendance

upon such inquiry shall, without reasonable cause, refuse to be sworn or

to be examined or to answer a question or to produce a book or paper,

when ordered so to do by the officer conducting such inquiry, he shall

be guilty of a misdemeanor. It shall be the duty of all public officers,

their deputies, assistants and subordinates, clerks and employees, and

all other persons, to render and furnish to the attorney-general, his

deputy or other designated officer, when requested, all information and

assistance in their possession and within their power. Each deputy or

other officer appointed or designated to conduct such inquiry shall make

a weekly report in detail to the attorney-general, in form to be

approved by the governor and the attorney-general, which report shall be

in duplicate, one copy of which shall be forthwith, upon its receipt by

the attorney-general, transmitted by him to the governor. Any officer

participating in such inquiry and any person examined as a witness upon

such inquiry who shall disclose to any person other than the governor or

the attorney-general the name of any witness examined or any information

obtained upon such inquiry, except as directed by the governor or the

attorney-general, shall be guilty of a misdemeanor.

9. Bring and prosecute or defend upon request of the commissioner of

labor or the state division of human rights, any civil action or

proceeding, the institution or defense of which in his judgment is

necessary for effective enforcement of the laws of this state against

discrimination by reason of age, race, sex, creed, color, national

origin, sexual orientation, gender identity or expression, military

status, disability, predisposing genetic characteristics, familial

status, marital status, citizenship or immigration status, or domestic

violence victim status, or for enforcement of any order or determination

of such commissioner or division made pursuant to such laws.

10. Prosecute every person charged with the commission of a criminal

offense in violation of any of the laws of this state against

discrimination because of age, race, sex, creed, color, national origin,

sexual orientation, gender identity or expression, military status,

disability, predisposing genetic characteristics, familial status,

marital status, citizenship or immigration status, or domestic violence

victim status, in any case where in his judgment, because of the extent

of the offense, such prosecution cannot be effectively carried on by the

district attorney of the county wherein the offense or a portion thereof

is alleged to have been committed, or where in his judgment the district

attorney has erroneously failed or refused to prosecute. In all such

proceedings, the attorney-general may appear in person or by his deputy

or assistant before any court or any grand jury and exercise all the

powers and perform all the duties in respect of such actions or

proceedings which the district attorney would otherwise be authorized or

required to exercise or perform.

11. Prosecute and defend all actions and proceedings in connection

with safeguarding and enforcing the state's remainder interest in any

trust which meets the requirements of subparagraph two of paragraph (b)

of subdivision two of section three hundred sixty-six of the social

services law.

12. Whenever any person shall engage in repeated fraudulent or illegal

acts or otherwise demonstrate persistent fraud or illegality in the

carrying on, conducting or transaction of business, the attorney general

may apply, in the name of the people of the state of New York, to the

supreme court of the state of New York, on notice of five days, for an

order enjoining the continuance of such business activity or of any

fraudulent or illegal acts, directing restitution and damages and, in an

appropriate case, cancelling any certificate filed under and by virtue

of the provisions of section four hundred forty of the former penal law

or section one hundred thirty of the general business law, and the court

may award the relief applied for or so much thereof as it may deem

proper. The word "fraud" or "fraudulent" as used herein shall include

any device, scheme or artifice to defraud and any deception,

misrepresentation, concealment, suppression, false pretense, false

promise or unconscionable contractual provisions. The term "persistent

fraud" or "illegality" as used herein shall include continuance or

carrying on of any fraudulent or illegal act or conduct. The term

"repeated" as used herein shall include repetition of any separate and

distinct fraudulent or illegal act, or conduct which affects more than

one person. Notwithstanding any law to the contrary, all monies

recovered or obtained under this subdivision by a state agency or state

official or employee acting in their official capacity shall be subject

to subdivision eleven of section four of the state finance law.

In connection with any such application, the attorney general is

authorized to take proof and make a determination of the relevant facts

and to issue subpoenas in accordance with the civil practice law and

rules. Such authorization shall not abate or terminate by reason of any

action or proceeding brought by the attorney general under this section.

13. Prosecute any person for perjury committed during the course of

any investigation conducted by the attorney-general pursuant to statute.

In all such proceedings, the attorney-general may appear in person or by

his deputy or assistant before any court or any grand jury and exercise

all the powers and perform all the duties necessary or required to be

exercised or performed in prosecuting any such person for such offense.

15. In any case where the attorney general has authority to institute

a civil action or proceeding in connection with the enforcement of a law

of this state, in lieu thereof he may accept an assurance of

discontinuance of any act or practice in violation of such law from any

person engaged or who has engaged in such act or practice. Such

assurance may include a stipulation for the voluntary payment by the

alleged violator of the reasonable costs and disbursements incurred by

the attorney general during the course of his investigation. Evidence of

a violation of such assurance shall constitute prima facie proof of

violation of the applicable law in any civil action or proceeding

thereafter commenced by the attorney general.

16. (a) Notwithstanding any other law to the contrary, in resolving,

by agreed judgment, stipulation, decree, agreement to settle, assurance

of discontinuance or otherwise, any claim or cause of action, whether

filed or unfiled, actual or potential, and whether arising under common

law, equity, or any provision of law, a state agency or a state official

or employee acting in their official capacity shall not have the

authority to include or agree to include in such resolution any term or

condition that would provide the state agency, official, or employee,

their agent or designee, the settling party, or any third party with

control or discretion over how any moneys to be paid by the settling

party would be used, spent, or allocated.

(b) Paragraph (a) of this subdivision shall not apply to any provision

in the resolution of a claim or cause of action providing (1) moneys to

be distributed to the federal government, to a local government, or to

any holder of a bond or other debt instrument issued by the state, any

public authority, or any public benefit corporation; (2) moneys to be

distributed solely or exclusively as a payment of damages or restitution

to individuals or entities that were specifically injured or harmed by

the defendant's or settling party's conduct and that are identified in,

or can be identified by the terms of, the relevant judgment,

stipulation, decree, agreement to settle, assurance of discontinuance,

or relevant instrument resolving the claim or cause of action; (3)

moneys recovered or obtained by the attorney general where application

of paragraph (a) of this subdivision is prohibited by federal law, rule,

or regulation, or would result in the reduction or loss of federal funds

or eligibility for federal benefits pursuant to federal law, rule, or

regulation; (4) moneys recovered or obtained by or on behalf of a public

authority, a public benefit corporation, the department of taxation and

finance, the workers' compensation board, the New York state higher

education services corporation, the tobacco settlement financing

corporation, a state or local retirement system, an employee health

benefit program administered by the New York state department of civil

service, the Title IV-D child support fund, the lottery prize fund, the

abandoned property fund, or an endowment of the state university of New

York or any unit thereof or any state agency, provided that all of the

moneys received or recovered are immediately transferred to the relevant

public authority, public benefit corporation, department, fund, program,

or endowment; (5) moneys to be refunded to an individual or entity as

(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan

payment, charge or surcharge; (ii) a return of seized assets; or (iii) a

payment made in error; (6) moneys to be used to prevent, abate, restore,

mitigate or control any identifiable instance of prior or ongoing water,

land or air pollution; and/or (7) state moneys received as part of any

statewide opioid settlement agreements as defined in section 25.18 of

the mental hygiene law, to be spent on eligible expenditures as defined

in section 25.18 of the mental hygiene law.

(c) Where an agreed judgment, stipulation, decree, agreement to

settle, assurance of discontinuance or other legal instrument resolves

(1) any claim or any cause of action asserted by a state agency or a

state official or employee acting in their official capacity and (2) any

claim or cause of action asserted by one or more foreign jurisdictions

or third parties, paragraph (a) of this subdivision shall only apply to

the resolution of the claim or cause of action asserted by the state

agency, official, or employee.

17. The attorney general may investigate and prosecute every person or

entity charged with the commission of a criminal offense in violation of

the laws of this state applicable to any crime that affects the title

to, encumbrance of, or the possession of real property, including but

not limited to deed theft, larceny, criminal possession of stolen

property, offering a false instrument for filing, falsifying business

records, residential mortgage fraud, or scheme to defraud. In all such

proceedings, the attorney general may appear in person or by the

attorney general's deputy before any court of record or any grand jury

and exercise all the powers and perform all the duties in respect of

such actions or proceedings which the district attorney would otherwise

be authorized or required to exercise or perform. Nothing herein shall

in any way abrogate, supersede, or interfere with the authority of the

district attorney of a county in which an offense occurs to investigate,

initiate and/or prosecute any such crime.

18. Notwithstanding any other law to the contrary, in any civil

enforcement action initiated by the attorney-general, neither the

attorney-general nor the department of law has, or shall be deemed to

have, possession, custody, or control of, or the right, authority, or

practical ability to obtain documents, communications, other

information, or personnel of any agency, entity, or authority other than

the department of law.

Action by attorney-general for forfeiture of public office.

The attorney-general may maintain an action, upon his own information or

upon the complaint of a private person, against a public officer, civil

or military, who has done or suffered an act which by law works a

forfeiture of his office.

Action by attorney-general against usurper of office or

franchise. 1. The attorney-general may maintain an action, upon his own

information or upon the complaint of a private person, against a person

who usurps, intrudes into, or unlawfully holds or exercises within the

state a franchise or a public office, civil or military, or an office in

a domestic corporation. The attorney-general may set forth in the

complaint, in his discretion, the name of the person rightfully entitled

to the office and facts showing his right thereto. Judgment may be

rendered upon the right of the defendant and of the party so alleged to

be entitled, or only upon the right of the defendant, as justice

requires. Where two or more persons claim to be entitled to the same

office or franchise, the attorney-general may bring the action against

all to determine their respective rights thereto.

2. If the complaint sets forth the name of the person rightfully

entitled to the office and the facts showing his right thereto, a

provisional order to arrest the defendant may be granted by the court if

the defendant by means of his usurpation or intrusion has received any

fees or emoluments belonging to the office.

3. Where a defendant is adjudged to be guilty of usurping or intruding

into or unlawfully holding or exercising an office, franchise or

privilege, final judgment shall be rendered, ousting and excluding him

therefrom, and in favor of the state or the relator, as the case

requires, for the costs of the action. As a part of the final judgment

in an action for usurping or intruding into or unlawfully holding or

exercising an office, franchise or privilege, the court, in its

discretion, also may award that the defendant, or, where there are two

or more defendants, that one or more of them, pay to the state a fine

not exceeding two thousand dollars. The judgment for the fine may be

docketed and execution may be issued thereupon in favor of the state, as

if it had been rendered in an action to recover the fine.

4. Where final judgment has been rendered upon the right and in favor

of the person alleged in the complaint to be entitled to an office, he

may recover, by action against the defendant, the damages which he has

sustained in consequence of the defendant's usurpation, intrusion into,

unlawful holding or exercise of the office.

Action by the people for illegal receipt or disposition of

public funds or other property. 1. Where any money, funds, credits, or

other property, held or owned by the state, or held or owned officially

or otherwise for or in behalf of a governmental or other public

interest, by a domestic, municipal, or other public corporation, or by a

board, officer, custodian, agency, or agent of the state, or of a city,

county, town, village or other division, subdivision, department, or

portion of the state, has heretofore been, or is hereafter, without

right obtained, received, converted, or disposed of, an action to

recover the same, or to recover damages or other compensation for so

obtaining, receiving, paying, converting, or disposing of the same, or

both, may be maintained by the state in any court of the state, or

before any court or tribunal of the United States, or of any other

state, or of any territory of the United States, or of any foreign

country, having jurisdiction thereof, although a right of action for the

same cause exists by law in some other public authority, and whether an

action therefor in favor of the latter is or is not pending when the

action in favor of the state is commenced. The attorney-general shall

commence an action, suit or other judicial proceeding, as prescribed in

this section, whenever he deems it for the interests of the state so to

do; or whenever he is so directed, in writing, by the governor.

2. Upon the commencement by the state of any action, suit or other

judicial proceeding, as prescribed in this section, the entire cause of

action, including the title to the money, funds, credits, or other

property, with respect to which the suit or action is brought, and to

the damages or other compensation recoverable for the obtaining,

receipt, payment, conversion or disposition thereof, if not previously

so vested, is transferred to and becomes absolutely vested in the state.

3. Any court of the state in which an action is brought by the state,

as prescribed in this section, may direct, by the final judgment

therein, or by a subsequent order, that any money, funds, damages,

credits, or other property, recovered by or awarded to the plaintiff

therein, which, if that action had not been brought, would not have

vested in the state, be disposed of, as justice requires, in such a

manner as to reinstate the lawful custody thereof, or to apply the same

or the proceeds thereof to the objects and purposes for which they were

authorized to be raised or procured; after paying into the state

treasury out of the proceeds of the recovery all expenses incurred by

the state in the action.

4. Any corporation, board, officer, custodian, agency, or agent, in

behalf of any city, county, town, village, or other division,

subdivision, department, or portion of the state, which was not a party

to an action, brought as prescribed in this section, and which claims to

be entitled to the custody or disposition of any of the money, funds,

damages, credits, or other property, recovered by, or awarded to the

plaintiff, by the final judgment in the action, or any of the proceeds

thereof, and not disposed of as prescribed in subdivision three, may

bring a special proceeding against the attorney-general at any time

after the actual collection of the money and its payment into the state

treasury, or the actual receipt of the property by the state, in the

supreme court, county of Albany, seeking disposition of the money or

other property.

5. Notwithstanding any other law to the contrary, including without

limitation; section sixty-four of this article; the education law; the

retirement and social security law and the administrative code of the

city of New York, the portion of all money received by the attorney

general in connection with the settlement of an action arising out of

the management, operation, investments of or otherwise in connection

with a retirement or other fund established pursuant to the education

law, the retirement and social security law or the administrative code

of the city of New York attributable to the harm suffered by such fund

shall be deposited into such fund.

Attorney-general; death penalty prosecutions. 1. The

attorney-general shall, whenever required by the governor or his

designee after a request of the governor by a district attorney, direct

that the resources and personnel of the department of law be used to

provide assistance relating to the prosecution or appeal of any case

where the defendant may be subject to the penalty of death. Such

assistance shall include the use of any department resource or services,

which the attorney-general deems proper, and may be performed or

provided by the attorney-general or any employee of the department of

law. Assistance pursuant to this section may only be provided with

respect to proceedings where:

(i) the defendant is represented by counsel appointed pursuant to the

provisions of section thirty-five-b of the judiciary law or the

defendant is receiving expert, investigative or other services pursuant

to such section, or

(ii) the defendant, through counsel retained privately by the

defendant through his or her own means or through the means of a person

other than the defendant, or through representation by pro bono counsel,

is able to marshal substantially greater legal and investigatory

resources than those reasonably available to the district attorney.

2. A request of the governor made by a district attorney for

assistance in a death penalty case shall be accompanied by a certificate

of need stating that as a result of cases where the defendant may be

subject to the penalty of death additional resources or personnel are

needed to supplement the district attorney's staff and available

resources in order to fulfill such district attorney's responsibilities.

Office of immigrant trust. 1. (a) There is hereby established

an immigrant trust office in the department of law. The head of the unit

shall be appointed by the attorney general.

(b) Notwithstanding any other provision of law, rule, or regulation to

the contrary, the attorney general shall establish, through executive

order, processes and procedures for screening such unit head and the

entire unit from records, communication, and information related to the

civil defense of state officials and employees, and persons involved in

the civil defense of state officials and employees from records,

communication, and information relating to an investigation or

investigations by such unit relating to potential violation of this law.

The executive order establishing screens shall be sufficient to satisfy

the rules of professional conduct regarding conflicts and to protect the

rights of state officials and employees who are the subject of an

investigation or civil action under this section by ensuring that the

individuals conducting or otherwise involved in such investigation or

civil action do not have access to any non-public records or information

obtained in the course of the office's civil defense of state employees.

2. Notwithstanding any other provision of law, the immigrant trust

office shall establish and maintain a process to solicit and receive

complaints from the public alleging knowing, intentional, or willful

violations of article fifteen-AA of this chapter, section one hundred

seventy-k of this chapter, article nineteen-D of the general municipal

law, and section thirty-two hundred one-b of the education law, by state

and local entities, officers, or employees, or their contractors,

including the improper or unlawful use of state or local resources for

immigration enforcement and the improper or unlawful sharing of

information by state or local entities, officers, or employees, or their

contractors, with federal immigration authorities.

3. (a) The immigrant trust office shall have the power to investigate

complaints or violations of article fifteen-AA of this chapter, section

one hundred seventy-k of this chapter, article nineteen-D of the general

municipal law, and section thirty-two hundred one-b of the education

law. Such power shall also include the ability to:

(i) take proof and issue subpoenas in accordance with the civil

practice law and rules;

(ii) subpoena and enforce the attendance of witnesses;

(iii) administer oaths or affirmations and examine witnesses under

oath;

(iv) notwithstanding any laws to the contrary, examine and copy or

remove documents or records of any kind prepared, maintained, or held by

any employer or agency;

(v) visit and inspect all local correctional facilities, and speak

with people detained therein for the purposes of investigating potential

violations and ensuring compliance with this section; and

(vi) perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

(b) The attorney general shall have the powers enumerated under

paragraph (a) of this subdivision with respect to any entity covered by

article fifteen-AA of this chapter, section one hundred seventy-k of

this chapter, article nineteen-D of the general municipal law, and

section thirty-two hundred one-b of the education law, and its employees

and agents as outlined in this section, except:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the

department of law;

(iii) entities whose officers and employees are statutorily entitled

to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York

court of claims.

(c) Upon referral by the governor, the attorney general shall have the

powers enumerated under paragraph (a) of this subdivision with regard to

employees and agents of:

(i) agencies under the executive authority of the governor;

(ii) entities that are statutorily entitled to representation by the

department of law pursuant to section seventeen of the public officers

law;

(iii) entities whose officers and employees are statutorily entitled

to representation by the department of law; and

(iv) entities that are subject to the jurisdiction of the New York

court of claims.

(d) Nothing in this section shall in any way limit rights or remedies

which are otherwise available under law to the attorney general or any

other person.

4. Upon receipt and review of a complaint, deemed credible, of a

violation of article fifteen-AA of this chapter, or section one hundred

seventy-k of this chapter, or upon its own initiative when the office

learns through the regular course of its duties of a suspected violation

of article fifteen-AA of this chapter, or section one hundred seventy-k

of this chapter, the office shall, where the alleged violation involves

a state agency or a state employee, transmit a request for a referral

regarding such credible complaint to the governor. The governor shall

review such request and make a determination on whether to refer the

matter to the office for investigation, and upon such referral back to

the office, the office shall investigate the alleged violation and, if

warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the state entity by the office.

5. Upon receipt of a complaint deemed credible of a violation of

article nineteen-D of the general municipal law, or section one hundred

seventy-k of this chapter, or upon its own initiative when the office

learns through the regular course of its duties of a suspected violation

of article nineteen-D of the general municipal law, or section one

hundred seventy-k of this chapter that involves a county, locality, or

municipal corporation entity or employee, the office shall,

notwithstanding any other provision of law, investigate the matter and,

if warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the municipal government entity

by the office.

6. Upon receipt of a complaint deemed credible of a violation of

section thirty-two hundred one-b of the education law or upon its own

initiative when the office learns through the regular course of its

duties of a suspected violation of such section, the office shall,

notwithstanding any other provision of law, investigate the matter and,

if warranted, may commence a civil action for appropriate injunctive or

declaratory relief, enter into assurances of discontinuance, or seek the

imposition of a period of monitoring of the school by the office.

Costs recovered. Costs recovered by the attorney-general may be

applied by him in payment of the expenses incurred by him in the action

or proceeding in which they are received, or of any expenditure which he

is authorized to incur not otherwise provided for. He shall, at the

close of each fiscal year, render to the comptroller an account of such

costs received, with vouchers of such expenditures. During the fiscal

year, the comptroller is authorized to transfer any amount available

within the account dedicated for this purpose to the general fund, upon

the request of the director of the budget. In the event insufficient

cash remains in such account to meet expenditures against available

appropriations from such account, the comptroller is authorized to

transfer the amounts necessary to meet such expenditures from the

general fund; provided however that in no event shall the cumulative

value of any such transfers from the general fund made to such account

within a single fiscal year exceed ten percent of the value of the

appropriations made in such fiscal year from such account or the

cumulative balance of transfers from the account to the general fund.

The comptroller shall establish such accounts and records as are

necessary to provide an accurate accounting and reporting of the

transfers to or from the general fund.

Register. The attorney-general shall keep a register of all

actions and proceedings prosecuted or defended by him, and of all

proceedings in relation thereto, and shall deliver the same to his

successor.

Destruction of certain records, books and other data by the

attorney-general. In any action or proceeding or by other process of

law, in which a money judgment or award shall have been procured in

favor of the people of the state of New York, any department of the

state of New York, or duly constituted division, bureau or board

thereof, and which judgment or award has been duly paid and satisfied,

the department of law, with the consent of the commissioner of education

as provided by section one hundred forty-seven of the education law, may

after the expiration of six years from the time of payment of said

judgment or award destroy all statistics, documents and papers filed

with or used by the department of law in procuring said judgment or

award.

Additional counsel. The governor or attorney-general may

designate and employ such additional attorneys or counsel as may be

necessary to assist in the transaction of any of the legal business

mentioned in section sixty-three of this chapter and such attorneys or

counsel shall be paid a reasonable fee upon the certificate of the

governor and attorney-general, the amount thereof to be audited and

allowed by them or to be paid by the attorney-general out of costs,

penalties and judgments collected by him, prior to the payment thereof

into the state treasury as required by section one hundred twenty-one of

the state finance law.

Deputy attorney-general to act as special district attorney.

Whenever the governor shall advise the attorney-general that he has

reason to doubt whether in any county the law relating to crimes against

the elective franchise is properly enforced, the attorney-general shall

require from the district attorney of such county, and it shall be the

duty of such district attorney forthwith to make to the attorney-general

a report of all prosecutions and complaints within his county during the

year then last past for offenses under the election law and of the

action had thereon.

The attorney-general shall assign one or more of his deputies to take

charge of prosecutions under the election law. Such deputy shall

represent the people of this state in all such prosecutions before all

magistrates and in all courts and before any grand jury having

cognizance thereof. The deputies so assigned shall be appointed pursuant

to section sixty-two of this chapter. They may be especially appointed

thereunder for the purpose of such assignment and for the performance of

the duties herein described.

Whenever the attorney-general shall advise the governor that there is

occasion for an extraordinary term in any such county to inquire into

and try cases arising under article sixteen of the election law, the

governor may appoint an extraordinary term of the supreme court to be

constituted and held for the trial of criminal cases in such county,

pursuant to section one hundred forty-nine of the judiciary law. Grand

and petit juries shall be drawn and summoned for said term in the manner

provided by law, and such cases shall be brought before such inquest and

court as the attorney-general shall direct. All the provisions of

sections sixty-three and sixty-seven of this chapter shall apply to such

extraordinary term.

It shall be the duty of the district attorney of the county, and of

the assistants, clerks and employees in his office, and of all police

authorities, officers and men within any such county, to render to the

attorney-general and his deputy whenever requested, all aid and

assistance within their power in such prosecutions and in the conduct of

such cases. The jurisdiction conferred upon the attorney-general herein

to prosecute crimes, is concurrent in each county with that of the

district attorney; but whichever of such officers shall first assume

jurisdiction of a particular offense shall have exclusive jurisdiction

to prosecute for the same unless or until the governor shall, by written

order filed with both such officers, give such jurisdiction to the

other.

Statewide organized crime task force. 1. There shall be

established within the department of law a statewide organized crime

task force which, pursuant to the provisions of this section, shall have

the duty and power:

(a) To conduct investigations and prosecutions of organized crime

activities carried on either between two or more counties of this state

or between this state and another jurisdiction;

(b) To cooperate with and assist district attorneys and other local

law enforcement officials in their efforts against organized crime.

2. Notwithstanding any other provision of law, the governor and the

attorney general may, and without civil service examination, jointly

appoint and employ, fix his compensation, and at pleasure remove, a

deputy attorney general in charge of the organized crime task force. The

attorney general may, and without civil service examination, appoint and

employ, and at pleasure remove, such assistant deputies, accountants and

other persons as he deems necessary, determine their duties and, with

the approval of the governor, fix their compensation. The payments of

salaries and compensation of such officers and employees shall be in the

same manner as is prescribed in subdivision eight of section sixty-three

of this chapter.

3. The deputy attorney general in charge of the organized crime task

force may request and shall receive from the division of state police,

the state department of taxation and finance, the state department of

labor, the temporary state commission of investigation, and from every

department, division, board, bureau, commission or other agency of the

state, or of any political subdivision thereof, cooperation and

assistance in the performance of his duties. Such deputy attorney

general may provide technical and other assistance to any district

attorney or other local law enforcement official requesting such

assistance in the investigation or prosecution of organized crime cases.

4. The deputy attorney general in charge of the organized crime task

force is empowered to conduct hearings at any place within the state, to

administer oaths or affirmations, subpoena witnesses, compel their

attendance, examine them under oath or affirmation, and require the

production of any books, records, documents or other evidence he may

deem relevant or material to an investigation. He is empowered to apply

for search warrants pursuant to article six hundred ninety of the

criminal procedure law, and, except in exigent circumstances, shall give

prior notice of the application to the district attorney of the county

in which such a warrant is to be executed, and in such circumstances,

shall give such notice as soon thereafter as practicable; provided,

however, that the failure to give notice of a search warrant application

to a district attorney shall not be a ground to suppress the evidence

seized in executing the warrant. He may designate an assistant to

exercise any such powers. Every witness attending before such deputy

attorney general or his assistant shall be examined privately and the

particulars of such examination shall not be made public. If a person

subpoenaed to attend upon such inquiry fails to obey the command of a

subpoena without reasonable cause, or if a person in attendance upon

such inquiry shall, without reasonable cause, refuse to be sworn or to

be examined or to answer a question or to produce a book or paper, when

ordered so to do by the officer conducting such inquiry, he shall be

guilty of a class A misdemeanor.

5. Upon the application of the deputy attorney general in charge of

the organized crime task force, the supreme court or a justice thereof

may impound any exhibit marked in evidence in any hearing held in

connection with an investigation conducted by such deputy attorney

general, and may order such exhibit to be retained by, or delivered to

and placed in the custody of, such deputy. When so impounded, such

exhibit shall not be taken from the custody of such deputy except upon

further order of the court or a justice thereof made upon five days

notice to such deputy, or upon his application or with his consent.

6. In any hearing held in connection with an investigation conducted

by the deputy attorney general in charge of the organized crime task

force, the attorney general may confer immunity in accordance with the

provisions of section 50.20 of the criminal procedure law, but only

after affording the appropriate district attorney the opportunity to be

heard in respect to any objections which he may have to the granting of

such immunity.

7. With the approval of the governor and with the approval or upon the

request of the appropriate district attorney, the deputy attorney

general in charge of the organized crime task force, or one of his

assistants, may attend in person any term of the county court or supreme

court having appropriate jurisdiction, including an extraordinary

special or trial term of the supreme court when one is appointed

pursuant to section one hundred forty-nine of the judiciary law, or

appear before the grand jury thereof, for the purpose of managing and

conducting in such court or before such jury a criminal action or

proceeding concerned with an offense where any conduct constituting or

requisite to the completion of or in any other manner related to such

offense occurred either in two or more counties of this state, or both

within and outside this state. In such case, such deputy attorney

general or his assistant so attending shall exercise all the powers and

perform all the duties in respect of such actions or proceedings, which

the district attorney would otherwise be authorized or required to

exercise or perform. In any of such actions or proceedings the district

attorney shall only exercise such powers and perform such duties as are

required of him by such deputy attorney general.

Office of special investigation. 1. There shall be established

within the office of the attorney general an office of special

investigation. Notwithstanding any other provision of law, the office of

special investigation shall investigate and, if warranted, prosecute any

alleged criminal offense or offenses committed by a person, whether or

not formally on duty, who is a police officer, as defined in subdivision

thirty-four of section 1.20 of the criminal procedure law, or a peace

officer as defined in section 2.10 of the criminal procedure law,

provided that such peace officer is employed or contracted by an

education, public health, social service, parks, housing or corrections

agency, or is a peace officer as defined in subdivision twenty-five of

section 2.10 of the criminal procedure law, concerning any incident in

which the death of a person, whether in custody or not, is caused by an

act or omission of such police officer or peace officer or in which the

attorney general determines there is a question as to whether the death

was in fact caused by an act or omission of such police officer or peace

officer.

2. The attorney general has investigative authority and criminal

jurisdiction under this section at the time of the death of the person

and the attorney general retains investigative authority and criminal

jurisdiction over the incident unless the attorney general determines

that such incident does not meet the requirements of this section. If

the attorney general determines the incident does not meet the

requirements for the attorney general to have investigative authority

and criminal jurisdiction pursuant to this section, the attorney general

shall, as soon as practicable, provide written notice of such

determination to the district attorney for the county in which the

incident occurred.

3. In connection with any particular incident encompassed by this

section, the attorney general shall conduct a full, reasoned and

independent investigation, including but not limited to: (a) gathering

and analyzing evidence; (b) conducting witness interviews; (c) reviewing

and commissioning any necessary investigative and scientific reports;

and (d) reviewing audio and video-recordings. The attorney general shall

be empowered to subpoena witnesses, compel their attendance, examine

them under oath before himself or herself or a magistrate and require

that any books, records, documents or papers relevant or material to the

inquiry be turned over to him or her for inspection, examination or

audit, pursuant to the civil practice law and rules, in connection with

such incident.

3-a. (a) The attorney general shall maintain the confidentiality of

all video footage and audio recordings received and reviewed.

(b) Disclosure of any audio recordings or video footage shall be

delayed, at the attorney general's discretion, only if such a disclosure

would compromise an ongoing criminal investigation or prosecution, or at

the request of the decedent's family.

(c) Redactions of audio records or video footage shall be made

pursuant to its video release policy.

(d) Nothing in this subdivision shall be construed to prohibit or

restrict the disclosure of audio recordings or video footage to any

person or entity otherwise lawfully entitled to receive such recordings

or footage pursuant to law, court order, or lawful process.

4. The attorney general shall have criminal jurisdiction over any

criminal conduct arising from any incident herein, and shall exercise

all of the powers and perform all of the duties with respect to such

actions or proceedings that a district attorney would otherwise be

authorized or required to exercise or perform, including all the powers

necessary to prosecute acts and omissions and alleged acts and omissions

to obstruct, hinder or interfere with any inquiry, prosecution, trial or

judgment arising from the incident. The criminal jurisdiction of the

office of special investigation shall displace and supersede the

jurisdiction of the district attorney where the incident occurred; and

such district attorney shall only have the powers and duties reserved to

him or her in writing by the attorney general.

5. The attorney general shall designate a deputy attorney general for

special investigation to exercise the powers and duties of the office of

special investigation, who shall be in the exempt class of the civil

service. The deputy attorney general may designate deputies or

assistants, who shall be in the exempt class of the civil service, as

necessary and appropriate. The other employees of the office of special

investigation within the department of law, who are not otherwise

exempt, shall all be in the competitive class of the civil service and

shall be considered for purposes of article fourteen of the civil

service law to be public employees in the civil service of the state,

and shall be assigned to the appropriate collective bargaining unit.

Employees serving in positions in newly created titles shall be assigned

to the same collective bargaining units as they would have been assigned

to were such titles created prior to the establishment of the office of

special investigation within the department of law by this chapter. The

deputy attorney general for special investigation may appear and conduct

proceedings in person or by his or her deputy or assistant before any

court or grand jury in connection with proceedings under this section.

6. (a) For any incident under this section, the office of special

investigation shall issue a public report and post the report on its

website whenever the office of special investigation initiates an

investigation and (i) the office of special investigation declines to

present evidence to a grand jury or (ii) the office of special

investigation does present evidence to a grand jury but the grand jury

declines to return indictment on any charges. The report will include,

to the extent possible and lawful, the results of the investigation of

the incident.

(b) The report shall also include: (i) with respect to subparagraph

(i) of paragraph (a) of this subdivision, an explanation as to why the

office of special investigation declined to present evidence to a grand

jury; and (ii) any recommendations for systemic or other reforms arising

from the investigation.

7. Six months after this subdivision takes effect, and annually on

such date thereafter, the office of special investigation shall issue a

report, which shall be made available to the public and posted on the

website of the department of law, which shall provide information on the

matters investigated by such office during such reporting period. The

information presented shall include, but not be limited to: the county

and geographic location of each matter investigated; a description of

the circumstances of each case; racial, ethnic, age, gender and other

demographic information concerning the persons involved or alleged to be

involved; information concerning whether a criminal charge or charges

were filed against any person involved or alleged to be involved in such

matter; the nature of such charges; and the status or, where applicable,

outcome with respect to all such criminal charges. Such report shall

also include recommendations for any systemic or other reforms

recommended as a result of such investigations.

8. (a) Notwithstanding any other provision of law, rule or regulation

to the contrary, in a matter in which the attorney general's authority

established under this section conflicts, or has a reasonable risk of

conflicting, with the attorney general's representation of state

employees in civil litigation under section seventeen of the public

officers law, the attorney general may designate a deputy attorney

general or assistant attorney general, including any person designated

under subdivision five of this section, as provided by section nine of

the public officers law, to act as attorney general for that matter in

the attorney general's stead.

(b) Notwithstanding any other provision of law, rule or regulation to

the contrary, the attorney general shall establish through rules and

regulations, processes and procedures for screening (i) the person so

designated pursuant to paragraph (a) of this subdivision, and the entire

prosecution team, from records, communication, and information related

to the civil defense of a police officer or peace officer as defined in

subdivision one of this section, and (ii) persons involved in the civil

defense of a police officer or peace officer as defined in subdivision

one of this section from records, communication, and information related

to the investigation and, where appropriate, prosecution of state peace

or police officers under this section. The rules and regulations

establishing screens shall be sufficient to satisfy the rules of

professional conduct regarding conflicts and to protect the rights of

state peace and police officers who are the subject of an investigation

or prosecution under this section by ensuring that the individuals

conducting or otherwise involved in such investigation or prosecution do

not have access to any confidential information obtained in the course

of the office's civil defense of state employees.

Task force on social media and violent extremism. 1.

Establishment and organization. (a) There is hereby established a task

force on social media and violent extremism within the department of

law.

(b) The attorney general may appoint or assign a deputy attorney

general and/or one or more assistants to serve on the task force.

(c) The mission of the task force on social media and violent

extremism shall be to study, investigate, and make recommendations

relating to the use, operations, policies, programs, and practices of

online social media companies and any role they may have in promoting,

facilitating, and providing platforms for individuals and groups to plan

and promote acts of violence, including but not limited to, the use of

such platforms to: initiate threats against public safety or against a

specific group of individuals based on an actual or perceived

classification or characteristic; communicate or plan for criminal

activity, including but not limited to, hate crimes, acts of domestic

terrorism, or acts of domestic terrorism motivated by hate; spread

extremist content; and aid in the radicalization and mobilization of

extremist individuals or groups.

2. Functions and duties. Subject to appropriations made available

therefor, the task force shall have the following duties and

responsibilities:

(a) to receive and investigate complaints from any source, or upon its

own initiative, allegations involving the use and role of social media

platforms in broadcasting, streaming, promoting, or otherwise

facilitating acts of violence as described in paragraph (c) of

subdivision one of this section;

(b) to determine, with respect to such allegations, whether social

media companies may be civilly or criminally liable for their role in

promoting, facilitating, or providing a platform for individuals and

groups to plan and promote acts of violence as described in paragraph

(c) of subdivision one of this section, or whether further investigation

by the department of law is warranted or whether a referral to an

appropriate federal, state or local law enforcement agency is necessary,

and to assist in such investigations, if requested by a federal, state,

or local law enforcement agency;

(c) to prepare and make public reports regarding the work of the task

force, provided, however that such reports shall not include

confidential or other protected information or any information that

pertains to or may interfere with ongoing or future investigations;

(d) to review and examine periodically the use, operations, policies,

programs, and practices of social media companies and any role they may

have in promoting, facilitating, and providing platforms for individuals

and groups to plan and promote acts of violence as described in

paragraph (c) of subdivision one of this section;

(e) to cooperate with and assist the division of homeland security and

emergency services or any other state or local agency as may be

appropriate in their efforts to counter acts of violence as described in

paragraph (c) of subdivision one of this section;

(f) to review the final report of the domestic terrorism task force

established pursuant to section six of part R of chapter fifty-five of

the laws of two thousand twenty, setting forth the findings,

conclusions, recommendations, and activities of the task force, to

examine and evaluate how to prevent mass shootings by domestic

terrorists in New York state in furtherance of the goals of the task

force on social media and violent extremism;

(g) to recommend remedial action to prevent the use of social media

platforms by individuals and groups to plan and promote acts of violence

as described in paragraph (c) of subdivision one of this section;

(h) on an annual basis, to submit to the governor, the temporary

president of the senate, the speaker of the assembly, the minority

leader of the senate and the minority leader of the assembly, no later

than December thirty-first, a report summarizing the activities of the

task force and recommending specific changes to state law to further the

mission of the task force on social media and violent extremism; and

(i) to perform any other functions and duties that are necessary or

appropriate to fulfill the duties and responsibilities of the task

force.

3. Powers. In executing its duties under subdivision two of this

section, the task force shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) request and receive from the division of homeland security and

emergency services, the division of state police, the division of

criminal justice services, and from every department, division, board,

bureau, commission or other agency of the state, or of any political

subdivision thereof, cooperation and assistance in the performance of

its duties;

(d) provide technical and other assistance to any district attorney or

other local law enforcement official requesting such assistance in the

investigation or prosecution of cases involving the role of social media

platforms in broadcasting, streaming, promoting, or otherwise

facilitating acts of violence as described in paragraph (c) of

subdivision one of this section; and

(e) conduct hearings at any place within the state and require the

production of any books, records, documents or other evidence he or she

may deem relevant or material to an investigation.

Attorney-general authorized to appear in cases involving the

constitutionality of an act of the legislature, or a rule or regulation

adopted pursuant thereto. 1. Whenever the constitutionality of a

statute, or a rule or regulation adopted pursuant thereto is brought

into question upon the trial, hearing or appeal of any action or

proceeding, civil or criminal, in any court of record of original or

appellate jurisdiction, and proof of the notice of such constitutional

challenge, as required by paragraph one of subdivision (b) of section

one thousand twelve of the civil practice law and rules, has not been

filed, the court or justice before whom such action or proceeding is

pending, shall make an order, directing the party desiring to raise such

question, to serve notice thereof on the attorney-general, and providing

that the attorney-general be permitted to appear at any such trial or

hearing in support of the constitutionality of such statute, or rule or

regulation adopted pursuant thereto. The court or justice before whom

any such action or proceeding is pending may also make such order upon

the application of any party thereto, and the court shall make such

order in any such action or proceeding upon motion of the

attorney-general. When such order has been made in any manner mentioned

in this section and notice pursuant to such order has been given, the

attorney-general shall be permitted to appear in such action or

proceeding in support of the constitutionality of such statute, or a

rule or regulation adopted pursuant thereto.

2. In the event the constitutionality of a statute, or rule or

regulation adopted pursuant thereto is brought into question and the

party questioning such constitutionality, or any other party to the

action or proceeding serves the attorney-general pursuant to paragraph

one of subdivision (b) of section one thousand twelve of the civil

practice law and rules, proof of such service upon the attorney-general

shall be accepted by the court in satisfaction of the provisions of

subdivision one of this section.

3. The court having jurisdiction in an action or proceeding in which

the constitutionality of a statute, rule or regulation is challenged,

shall not consider any challenge to the constitutionality of such

statute, rule or regulation unless proof of service of the notice

required by this section or required by subdivision (b) of section one

thousand twelve of the civil practice law and rules is filed with such

court.

When costs payable to relator. Where security is given by

relator in an action brought by the attorney-general on the relation or

information of a person having an interest, all costs and disbursements

taxed in favor of the plaintiff shall be payable to the relator.

Power to administer oaths and take acknowledgments. The

attorney-general of the state of New York and all deputies and

assistants appointed by him pursuant to section sixty-two of the

executive law, who have duly qualified, shall have the power, while

acting as such, to administer oaths and take affidavits and

acknowledgments and proofs of written instruments to be read in

evidence, anywhere within the state of New York, except such instruments

as now are required by law to be recorded to create constructive notice

thereof.

Welfare inspector general. 1. Definitions. For the purposes of

this section, the following definitions shall apply:

a. "Inspector" means the welfare inspector general created by this

section.

b. "Investigation" means, investigations of fraud, abuse, or illegal

acts perpetrated within the department of social services or local

social services districts, or by contractees or recipients of public

assistance services as provided by the department of social services.

c. "Office" means the office of the welfare inspector general created

by this section.

2. a. There is hereby created in the department of law within the

office of the deputy attorney general for medicaid fraud control an

office of welfare inspector general. The head of the office shall be

the welfare inspector general, who shall be appointed by the governor,

by and with the advice and consent of the senate.

b. The inspector shall serve for a term of five years unless removed

by the governor for neglect or malfeasance in office, and may also be

removed for neglect or malfeasance by the senate upon a vote of

two-thirds of its members. An inspector removed from office may not be

reappointed to such office.

c. The inspector may not be employed with the department of social

services during his employment with the office or within two years after

terminating employment with the office.

3. Functions, duties and responsibilities. The inspector shall have

the following functions, duties and responsibilities:

a. to appoint such deputies, directors, assistants and other officers

and employees as may be needed for the performance of his duties and may

prescribe their powers and fix their compensation within the amounts

appropriated therefor;

b. to conduct and supervise investigations relating to the programs of

the department of social services and, to the greatest extent possible,

to coordinate such activities with the deputy attorney general for

medicaid fraud control, the commissioner of social services, the

commissioner of health, the commissioner of education, the fiscal agent

employed to operate the medicaid management information system, and the

state comptroller;

c. to keep the governor, attorney general, state comptroller,

president pro tem and minority leader of the senate, the speaker and the

minority and majority leaders of the assembly, apprised of fraud and

abuse;

d. to prosecute fraud, abuse or illegal acts perpetrated within the

department of social services or local social services districts, or by

contractees or recipients of public assistance services;

e. to make information and evidence relating to criminal acts which he

may obtain in carrying out his duties available to appropriate law

enforcement officials and to consult with the deputy attorney general

for medicaid fraud control and local district attorneys to coordinate

investigations and criminal prosecutions;

f. to subpoena witnesses, administer oaths or affirmations, take

testimony and compel the production of such books, papers, records and

documents as he may deem to be relevant to an investigation undertaken

pursuant to this section;

g. to monitor the implementation by the relevant office of his

recommendations and those of other investigative agencies;

h. to recommend policies relating to the prevention and detection of

fraud and abuse or the identification and prosecution of participants in

such fraud or abuse; and

i. to receive complaints of alleged failures of state and local

officials to prevent, detect and prosecute fraud and abuse.

4. Cooperation of agency officials and employees. a. In addition to

the authority otherwise provided by this section, the inspector, in

carrying out the provisions of this section, is authorized:

(i) to have full and unrestricted access to all records, reports,

audits, reviews, documents, papers, recommendations or other material

available to the department of social services and local social services

districts relating to programs and operations with respect to which the

inspector has responsibilities under this section;

(ii) to make such investigations relating to the administration of the

programs and operations of the department of social services as are, in

the judgment of the inspector, necessary or desirable; and

(iii) to request such information, assistance and cooperation from any

federal, state or local governmental department, board, bureau,

commission, or other agency or unit thereof as may be necessary for

carrying out the duties and responsibilities enjoined upon him by this

section. State and local agencies or units thereof are hereby authorized

and directed to provide such information, assistance and cooperation.

b. Notwithstanding any other provision of law, rule or regulation to

the contrary, no person shall prevent, seek to prevent, interfere with,

obstruct or otherwise hinder any investigation being conducted pursuant

to this section. Section one hundred thirty-six of the social services

law shall in no way be construed to restrict any person or governmental

body from cooperating and assisting the inspector or his employees in

carrying out their duties under this section. Any violation of this

paragraph shall constitute cause for suspension or removal from office

or employment.

5. Establishment period. The governor shall nominate the initial

inspector as soon as is practicable but in no event later than sixty

days after the effective date of this section.

6. Reports required of the inspector. The inspector shall, no later

than February first of each year submit to the governor, the state

comptroller, the attorney general and the legislature a report

summarizing the activities of the office during the preceding calendar

year.

7. Disclosure of information. a. The inspector shall not publicly

disclose information which is:

(i) a part of any ongoing investigation; or

(ii) specifically prohibited from disclosure by any other provision of

law.

b. Notwithstanding paragraph a of this subdivision, any report under

this section may be disclosed to the public in a form which includes

information with respect to a part of an ongoing criminal investigation

if such information has been included in a public record.

Law enforcement misconduct investigative office. 1.

Jurisdiction. This section shall, subject to the limitations contained

in this section, confer upon the law enforcement misconduct

investigative office jurisdiction over all covered agencies. For the

purposes of this section "covered agency" means an agency of any

political subdivision within the state maintaining a police force or

police forces of individuals defined as police officers in section 1.20

of the criminal procedure law, provided however, covered agency does not

include any agency, public authority, or other entity under the

jurisdiction of the state inspector general pursuant to article four-A

of the executive law, the metropolitan transportation authority

inspector general pursuant to section one thousand two hundred

seventy-nine of the public authorities law, or the port authority

inspector general pursuant to chapter one hundred fifty-four of the laws

of nineteen twenty-one.

2. Establishment and organization. (a) There is hereby established the

law enforcement misconduct investigative office in the department of

law. The head of the office shall be a deputy attorney general who shall

be appointed by the attorney general.

(b) Such deputy attorney general may appoint one or more assistants to

serve at his or her pleasure.

(c) The salary for the head of such office shall be established within

the limit of funds available therefore; provided, however, such salary

shall be no less than the salaries of certain state officers holding the

positions indicated in paragraph (a) of subdivision one of section one

hundred sixty-nine of this chapter.

(d) The mission of the law enforcement misconduct investigative office

shall be to review, study, audit and make recommendations relating to

the operations, policies, programs and practices, including ongoing

partnerships with other law enforcement agencies, of state and local law

enforcement agencies with the goal of enhancing the effectiveness of law

enforcement, increasing public safety, protecting civil liberties and

civil rights, ensuring compliance with constitutional protections and

local, state and federal laws, and increasing the public's confidence in

law enforcement.

3. Functions and duties. The deputy attorney general shall have the

following duties and responsibilities:

(a) receive and investigate complaints from any source, or upon his or

her own initiative, concerning allegations of corruption, fraud, use of

excessive force, criminal activity, conflicts of interest or abuse in

any covered agency;

(b) inform the heads of covered agencies of such allegations and the

progress of investigations related thereto, unless special circumstances

require confidentiality;

(b-1) promptly inform the division of criminal justice services, in

the form and manner prescribed by the division, of such allegations and

the progress of investigations related thereto unless special

circumstances require confidentiality. Nothing in this paragraph shall

require the division of criminal justice services to participate in the

investigation of such allegations or take action or prevent the division

of criminal justice services from taking action authorized pursuant to

subdivision three of section eight hundred forty-five of this chapter in

the time and manner determined by the commissioner of the division of

criminal justice services;

(c) determine with respect to such allegations whether disciplinary

action, civil or criminal prosecution, or further investigation by an

appropriate federal, state or local agency is warranted, and to assist

in such investigations, if requested by such federal, state, or local

agency;

(d) prepare and release to the public written reports of

investigations, as appropriate and to the extent permitted by law,

subject to redaction to protect the confidentiality of witnesses and

other information that would be exempt from disclosure under article six

of the public officers law. The release of all or portions of such

reports may be temporarily deferred to protect the confidentiality of

ongoing investigations;

(e) review and examine periodically the policies and procedures of

covered agencies with regard to the prevention and detection of

corruption, fraud, use of excessive force, criminal activity, conflicts

of interest and abuse;

(f) recommend remedial action to prevent or eliminate corruption,

fraud, use of excessive force, criminal activity, conflicts of interest

and abuse in covered agencies; and

(g) investigate patterns, practices, systemic issues, or trends

identified by analyzing actions, claims, complaints, and investigations,

including, but not limited to, any patterns or trends regarding

departments, precincts, and commands; and

(h) on an annual basis, submit to the governor, the attorney general,

the temporary president of the senate, the speaker of the assembly, the

minority leader of the senate and the minority leader of the assembly,

no later than December thirty-first, a report summarizing the activities

of the office and recommending specific changes to state law to further

the mission of the law enforcement misconduct investigative office.

4. Powers. The deputy attorney general shall have the power to:

(a) subpoena and enforce the attendance of witnesses;

(b) administer oaths or affirmations and examine witnesses under oath;

(c) require the production of any books and papers deemed relevant or

material to any investigation, examination or review;

(d) notwithstanding any law to the contrary, examine and copy or

remove documents or records of any kind prepared, maintained or held by

any covered agency;

(e) require any officer or employee in a covered agency to answer

questions concerning any matter related to the performance of his or her

official duties. No statement or other evidence derived therefrom may be

used against such officer or employee in any subsequent criminal

prosecution other than for perjury or contempt arising from such

testimony. The refusal of any officer or employee to answer questions

shall be cause for removal from office or employment or other

appropriate penalty;

(f) monitor the implementation by covered agencies of any

recommendations made by the law enforcement misconduct investigative

office; and

(g) perform any other functions that are necessary or appropriate to

fulfill the duties and responsibilities of office.

5. Responsibilities of covered agencies, officers and employees. (a)

Every officer or employee in a covered agency shall report promptly to

the law enforcement misconduct investigative office any information

concerning corruption, fraud, use of excessive force, criminal activity,

conflicts of interest or abuse by another officer or employee relating

to his or her office or employment, or by a person having business

dealings with a covered agency relating to those dealings. The knowing

failure of any officer or employee to so report shall be cause for

removal from office or employment or other appropriate penalty. Any

officer or employee who acts pursuant to this subdivision by reporting

to the law enforcement misconduct investigative office shall not be

subject to dismissal, discipline or other adverse personnel action.

(b) Upon receiving at least five complaints from five or more

individuals relating to at least five separate incidents involving a

certain officer or employee within two years, the head of any covered

agency shall refer such complaints to the law enforcement misconduct

investigative office for review. The law enforcement misconduct

investigative office shall investigate such complaints to determine

whether the subject officer or employee has engaged in a pattern or

practice of misconduct, use of excessive force, or acts of dishonesty.

The referral and investigation pursuant to this subdivision shall be in

addition to and shall not supersede any civil, criminal, administrative

or other action or proceeding relating to such complaints or the subject

officer or employee.

(c) The head of any covered agency shall advise the governor, the

temporary president of the senate, the speaker of the assembly, the

minority leader of the senate, the minority leader of the assembly and

the division of criminal justice services within ninety days of the

issuance of a report by the law enforcement misconduct investigative

office as to the remedial action that the agency has taken in response

to any recommendation for such action contained in such report.

(d) Nothing in this section shall be construed to impede, infringe, or

diminish the rights, privileges, benefits or remedies that accrue to any

employee pursuant to any agreement entered into pursuant to article

fourteen of the civil service law.

Department of state; secretary of state. There shall be in the

state government a department of state. The head of the department shall

be the secretary of state who shall be appointed by the governor by and

with the advice and consent of the senate and hold office until the end

of the term of the governor by whom he was appointed and until his

successor is appointed and has qualified. The secretary of state shall

receive an annual salary within the amount appropriated therefor and his

reasonable expenses when necessarily absent on public business

pertaining to the duties of his office.

In addition to those divisions created and continued within the

Department of State by other statutes, the secretary of state may

establish such other divisions and bureaus in the department of state as

he may deem necessary. He may prescribe the duties and powers of such

divisions and bureaus which shall be exercised and performed under his

supervision.

Rules. Subject to and in conformity with the provisions of the

constitution and laws of the state, the secretary of state may adopt and

promulgate such rules which shall regulate and control the exercise of

the powers of the department of state and the performance of the duties

of officers, agents and other employees thereof.

Deputies. The secretary of state shall appoint a deputy, who may

perform all the duties of the secretary of state. Any such deputy shall

receive an annual salary to be fixed by the secretary of state within

the amount appropriated therefor. The secretary of state may also

appoint and fix the compensation of such other deputies, assistants and

employees as he shall deem necessary within the amount appropriated

therefor and prescribe their powers and duties.

Custody of records. 1. The secretary of state shall have the

custody of all laws and concurrent resolutions of the legislature, all

documents issued under the great seal, all books, records, deeds,

parchments, maps and papers deposited or kept in his or her office, and

shall properly arrange and preserve them.

2. The records in the custody of the secretary of state need not be

retained in the form in which the record is received so long as the

technology used to retain such record results in a permanent record

which may be accurately reproduced during the period for which the

record is required to be retained. The secretary of state may promulgate

rules and regulations relating to the use by the department of state of

automatic data processing, telecommunications and other information

technologies for the processing of records for retention by the

department of state.

Examination of reports. The secretary of state shall examine

all reports required to be filed with the department of state pursuant

to article seven-A of this chapter in order to determine the nature and

extent of the in-kind support provided by any covered entity to one or

more recipient entities, as such terms are defined in section one

hundred seventy-two-e of this chapter, and the nature and extent of

covered communications by any covered entity, as such terms are defined

in section one hundred seventy-two-f of this chapter. Notwithstanding

any inconsistent provision of law, whenever the secretary of state, in

consultation with the department of taxation and finance or the

department of law, determines that the nature and extent of a covered

entity's in-kind support to other entities or the nature and extent of a

covered entity's spending on covered communications is inconsistent with

the charitable purposes of such covered entity, the secretary shall

cause the reports required by article seven-A of this chapter filed by

such entity to be published on the website of the department of state

upon such finding. Provided, however, that such publishing shall not

include the names and addresses of individual donors to covered entities

nor shall such publishing include the covered entity's Internal Revenue

Service Form 990 Schedule B. The secretary shall report to the governor,

the temporary president of the senate and the speaker of the assembly,

by December thirty-first, two thousand twenty-two, and annually

thereafter, on topics including but not limited to: the nature and

extent of in-kind support provided by covered entities to recipient

entities, as such terms are defined in section one hundred seventy-two-e

of this chapter and the nature and extent of expenditures for covered

communications. The secretary may request the assistance of the

department of taxation and finance or the department of law in order to

complete this report. Provided however that such report shall not

include the names and addresses of individual donors to covered entities

nor shall such report include the covered entity's Internal Revenue

Service Form 990 Schedule B.

Commission on ethics and lobbying in government. 1. (a)

Commission established. There is hereby established within the

department of state, a commission on ethics and lobbying in government,

an agency responsible for administering, enforcing, and interpreting New

York state's ethics and lobbying laws. The commission shall have and

exercise the powers and duties set forth in this section with respect to

statewide elected officials, members of the legislature and employees of

the legislature, and state officers and employees as defined in sections

seventy-three, seventy-three-a, and seventy-four of the public officers

law, candidates for statewide elected office and for the senate or

assembly, and the political party chair as is defined in section

seventy-three of the public officers law, lobbyists and the clients of

lobbyists as defined in section one-c of the legislative law, and

individuals who have formerly held such positions, were lobbyists or

clients of lobbyists as defined in section one-c of the legislative law,

or who have formerly been such candidates.

(b) The commission shall provide for the transfer, assumption or other

disposition of the records, property, and personnel affected by this

section, and it is further provided, should any employees be transferred

from the joint commission on public ethics ("JCOPE"), the predecessor

ethics agency, to the commission, that such transfer will be without

further examination or qualification and such employees shall retain

their respective civil service classifications, status and collective

bargaining agreements.

(c) The commission shall review any pending inquiries or matters

affected by this section and shall establish policies to address them.

(d) The commission shall undertake a comprehensive review of all

regulations in effect upon the effective date of this section; and

review of all advisory opinions of predecessor ethics agencies,

including JCOPE, the legislative ethics commission, the commission on

public integrity, the state ethics commission, and the temporary

lobbying commission, which will address the consistency of such

regulations and advisory opinions among each other and with the new

statutory language, and of the effectiveness of the existing laws,

regulations, guidance and ethics enforcement structure.

(e) This section shall not be deemed to have revoked or rescinded any

regulations or advisory opinions in effect on the effective date of this

section that were issued by predecessor ethics and lobbying bodies. The

commission shall cooperate, consult, and coordinate with the legislative

ethics commission, to the extent possible, to administer and enforce the

laws under its jurisdiction.

(f) The annual budget submitted by the governor shall separately state

the recommended appropriations for the commission on ethics and lobbying

in government. Upon enactment, these separately stated appropriations

for the commission on ethics and lobbying in government shall not be

decreased by interchange with any other appropriation, notwithstanding

section fifty-one of the state finance law.

2. Definitions. For the purposes of this section, the following terms

shall have the following meanings:

(a) "commission" means the commission on ethics and lobbying in

government established pursuant to subdivision one of this section.

(b) "selection members" means the governor, speaker of the assembly,

temporary president of the senate, minority leader of the senate,

minority leader of the assembly, comptroller, and the attorney general.

(c) "independent review committee" means the committee of the American

Bar Association accredited New York state law school deans or interim

deans, or their designee who is an associate dean of their respective

law school, tasked with reviewing, approving, or denying the members of

the commission as nominated by the selection members and other tasks

pursuant to this section.

(d) "respondent" means the individual or individuals or organization

or organizations subject to an inquiry, investigation, or enforcement

action.

(e) "victim" means any individual that has suffered or alleged to have

suffered direct harm from any violation of law that is subject to

investigation under the jurisdiction of the commission.

3. Nomination and appointment of the commission. (a) The commission

shall consist of eleven members, to be nominated by the selection

members as follows: three members by the governor; two members by the

temporary president of the senate; one member by the minority leader of

the senate; two members by the speaker of the assembly; one member by

the minority leader of the assembly; one member by the attorney general;

and one member by the comptroller.

(b) The independent review committee shall within thirty days review

the qualifications of the nominated candidates and approve or deny each

candidate nominated by their respective selection member.

(c) The independent review committee shall publish on its website a

procedure by which it will review the qualifications of the nominated

candidate and approve or deny each candidate.

(d) Those candidates that the independent review committee deems to

meet the qualifications necessary for the services required based on

their background and expertise that relate to the candidate's potential

service on the commission shall be appointed as a commission member. The

nominating selection member shall nominate a new candidate for those

that are denied by the independent review committee.

(e) No individual shall be eligible for nomination and appointment as

a member of the commission who is currently, or has within the last two

years:

(i) been registered as a lobbyist in New York state;

(ii) been a member or employee of the New York state legislature, a

statewide elected official, or a commissioner of an executive agency

appointed by the governor;

(iii) been a political party chair, as defined in section

seventy-three of the public officers law; or

(iv) been a state officer or employee as defined in section

seventy-three of the public officers law.

(f) The independent review committee shall convene as needed or as

requested by the selection members. The chair of the independent review

committee shall be elected from the members of the independent review

committee.

(g) Appropriate staffing and other resources shall be provided for in

the commission's budget for the independent review committee to carry

out its powers, functions, and duties. The independent review committee

shall publish on the commission's website a procedure by which it will

review and select the commission members and other processes to

effectuate its responsibilities under this section.

(h) The majority of the independent review committee shall constitute

a quorum to hold a meeting and conduct official business.

(i) During the pendency of the review and approval or denial of the

candidates, the independent review committee shall be subject to and

maintain confidentiality in all independent review committee processes,

reviews, analyses, approvals, and denials. A member of the independent

review committee may be removed by majority vote of the committee for

substantial neglect of duty, misconduct, violation of the

confidentiality restrictions set forth in this section, inability to

discharge the powers or duties of the committee or violation of this

section, after written notice and opportunity for a reply.

(j) Upon the receipt of the selection members' appointments, members

of the independent review committee shall disclose to the independent

review committee any personal, professional, financial, or other direct

or indirect relationships a member of the independent review committee

may have with an appointee. If the independent review committee

determines a conflict of interest exists, such independent review

committee member shall, in writing, notify the other members of the

independent review committee of the possible conflict. The member may

recuse themself from all subsequent involvement in the consideration of

and action upon the appointment. If, after disclosure, the member does

not recuse themself from the matter, the independent review committee,

by majority vote finding the disclosed information creates a substantial

conflict of interest, may remove the conflicted member from further

consideration of and action upon the appointment.

(k) Notwithstanding the provisions of article seven of the public

officers law, no meeting or proceeding of the independent review

committee shall be open to the public, except the applicable records

pertaining to the review and selection process for a member's seat shall

be subject to disclosure pursuant to article six of the public officers

law only after an individual member is appointed to the commission.

Requests for such records shall be made to, and processed by, the

commission's records access officer.

(l) The independent review committee shall neither be public officers

nor be subject to the requirements of the public officers law.

(m) Notwithstanding subdivision (l) of this section, the independent

review committee members shall be entitled to representation,

indemnification, and to be held harmless to the same extent as any other

person employed in service of the state and entitled to such coverage

under sections seventeen and nineteen of the public officers law,

provided however, that any independent review committee member removed

due to a violation of paragraph (i) of this subdivision shall not

qualify for such entitlements.

4. Commission. (a) The first class of members of the commission shall

serve staggered terms to ensure continuity. For the first class of the

commission, the governor's first appointee shall serve an initial term

of four years, their second appointee shall serve an initial term of two

years, and their third appointee shall serve an initial term of one

year; the attorney general's appointee shall serve an initial term of

four years; the comptroller's appointee shall serve an initial term of

four years; the temporary president of the senate's first appointee

shall serve an initial term of four years and their second appointee

shall serve a term of two years; the minority leader of the senate's

appointee shall serve an initial term of four years; the speaker of the

assembly's first appointee shall serve initial terms of four years and

their second appointee shall serve a term of two years; and the minority

leader of the assembly's appointee shall serve a term of four years. All

subsequent members shall serve a term of four years. No member shall be

selected to the commission for more than two full consecutive terms,

except that a member who has held the position by filling a vacancy can

only be selected to the commission for an additional two full

consecutive terms.

(b) The commission by majority vote shall elect a chairperson from

among its members for a term of two years. A chairperson may be elected

to no more than two terms for such office.

(c) Members of the commission may be removed by majority vote of the

commission for substantial neglect of duty, misconduct in office,

violation of the confidentiality restrictions set forth in this section,

inability to discharge the powers or duties of office or violation of

this section, after written notice and opportunity for a reply.

(d) Any vacancy occurring on the commission shall be filled within

thirty days of its occurrence in the same manner as a member is

initially selected to complete the vacant term.

(e) During the period of a member's service as a member of the

commission, the member shall refrain from making, or soliciting from

other persons, any contributions to candidates, political action

committees, political parties or committees, newsletter funds, or

political advertisements for election to the offices of governor,

lieutenant governor, member of the assembly or the senate, attorney

general or state comptroller.

(f) Members of the commission shall receive a per diem allowance equal

to the salary of a justice of the supreme court divided by two hundred

twenty for each day or each pro-rated day actually spent in the

performance of the member's duties under this section, and, in addition

thereto, shall be reimbursed for all reasonable expenses actually and

necessarily incurred by the member in the performance of the member's

duties under this section. For the purposes of this subdivision, a day

shall consist of at least seven and one-half hours spent in the

performance of the member's duties under this section.

(g) The commission shall meet at least quarterly and additionally as

called by the chairperson, or upon the call of a majority of the members

of the commission. The commission shall be subject to articles six and

seven of the public officers law.

(h) A majority of the members of the commission shall constitute a

quorum, and the commission shall have the power to act by majority vote

of the total number of members of the commission without vacancy.

(i) The commission shall hold a public hearing at least once each

calendar year to take testimony regarding the operation of the

commission and solicit public input regarding potential or proposed

changes in the laws under its jurisdiction.

5. Powers. (a) The commission has the authority to: (i) adopt, amend,

and rescind any rules and regulations pertaining to section

seventy-three, seventy-three-a or seventy-four of the public officers

law, article one-A of the legislative law, or section one hundred seven

of the civil service law; (ii) adopt, amend, and rescind any procedures

of the commission, including but not limited to, procedures for advice

and guidance, training, filing, review, and enforcement of financial

disclosure statements, investigations, enforcement, and due process

hearings; and (iii) develop and promulgate any programs for reviews,

training, and guidance to carry out the commission's mission.

(b) The commission shall adopt and post on its website guidance

documents detailing the processes and procedures of an investigation,

including the stages of an investigation; timelines, including the

reasons for any potential delays in an investigation; the hearing and

adjudication process; outcomes of an investigation; and, anything else

the commission deems necessary to inform the public as well as relevant

parties to an investigation including complainants, respondents,

victims, if any, and witnesses as to such processes and procedures. The

guidance documents shall delineate the processes and procedures that

apply to the relevant parties, including, where applicable, the due

process and any other rights or remedies that the relevant party may

have under the commission's procedures or any other area of law. The

guidance documents shall be provided to the relevant party of an

investigation upon such party's involvement in such investigation.

(c) The commission has the authority to compel the testimony of

witnesses, and may administer oaths or affirmations, subpoena witnesses,

compel their attendance and require the production of any books or

records which it may deem relevant or material.

6. Executive director and commission staff. The commission shall:

(a) (i) Appoint an executive director through a majority vote of the

members of the commission, who shall act in accordance with the policies

of the commission. The executive director shall be appointed without

regard to political affiliation and solely on the basis of fitness to

perform the duties assigned by this section, and meet the qualifications

necessary for the services required based on their background and

expertise that relate to the candidate's potential service to the

commission. No individual shall be eligible to be appointed as an

executive director if the individual is currently, or within the last

two years has been:

(1) registered as a lobbyist in New York state;

(2) a member or employee of the New York state legislature or a

statewide elected official, or a commissioner of an executive agency

appointed by the governor; or

(3) a political party chair, as defined in section seventy-three of

the public officers law.

(ii) The appointment and removal of the executive director shall be

made by a majority vote of the commission.

(iii) The term of office of the executive director shall be four years

from the date of appointment. The salary of the executive director shall

be determined by the members of the commission based on experience.

(iv) The commission may remove the executive director for neglect of

duty, misconduct in office, violation of the confidentiality

restrictions in this section, or inability or failure to discharge the

powers or duties of office, including the failure to follow the lawful

instructions of the commission.

(b) The commission may delegate authority to the executive director to

act in the name of the commission between meetings of the commission

provided such delegation is in writing, the specific powers to be

delegated are enumerated, and the commission shall not delegate any

decisions specified in this section that require a vote of the

commission.

(c) The commission, through the executive director, shall establish

units within the commission to carry out it duties, including, but not

limited to, (i) an advice and guidance unit, (ii) a training unit, (iii)

a financial disclosure unit, (iv) a lobbying unit, and (v) an

investigations and enforcement unit.

(d) The commission, through the executive director, shall appoint such

other staff as are necessary to carry out its duties under this section,

including, but not limited to, a deputy director of an advice and

guidance unit to provide timely confidential advice to persons subject

to the commission's jurisdiction, a deputy director for training, a

deputy director for investigations and enforcement, and a deputy

director for lobbying.

(e) In addition to meeting the qualifications necessary for the

services required for the position, the deputy director for

investigations and enforcement shall have completed substantial training

and have experience in trauma-informed approaches to investigations and

enforcement. The deputy director for investigations and enforcement

shall complete a minimum of four hours of training annually in

trauma-informed approaches to investigations and enforcement. Such

trainings may include, but not be limited to, the impact of trauma,

first impression matters, victim interviews, investigative strategies,

and alcohol and drug facilitated cases.

(f) The commission, through the executive director, shall review and

approve a staffing plan provided and prepared by the executive director

which shall contain, at a minimum, a list of the various units and

divisions as well as the number of positions in each unit, titles and

their duties, and salaries, as well as the various qualifications for

each position.

7. Advice and guidance. (a) The commission shall establish a unit or

units solely for ethics and lobbying guidance, and give such prompt,

informal advice to persons whose conduct it oversees, except with

respect to members of the legislature and legislative staff, who shall

seek advice from the legislative ethics commission in the first

instance.

(b) Persons receiving such informal advice may rely on that advice

absent misrepresentation or omission of material facts to the commission

and such communications with the commission shall be treated as

confidential, except as disclosure is needed to prevent or rectify a

crime or fraud, or prevent a substantial threat to public health or

safety or if required by court order.

(c) The commission may also render, on written request or on its own

initiative, advisory opinions, and may allow for public comment before

issuance of an advisory opinion. Such an opinion rendered by the

commission shall be relied on by those subject to the commission's

jurisdiction and until, or unless, amended, superseded, or revoked. Such

opinion may also be relied upon by any such person, and may be

introduced and shall be a defense, in any criminal or civil action.

8. Training. The commission shall establish a training unit and shall

develop and administer an on-going program for the education and

training in ethics and lobbying for those subject to the provisions of

this section, as follows:

(a) The commission shall develop and administer a comprehensive and

interactive live-in person or live-online ethics training course and

shall designate and train instructors to conduct such training. Such

live course shall be designed to include practical application of the

material covered and a question-and-answer participatory segment. Unless

the commission grants an extension or waiver for good cause shown,

statewide elected officials, members of the legislature and employees of

the legislature, and state officers and employees as defined in sections

seventy-three, seventy-three-a, and seventy-four of the public officers

law, and the political party chair as is defined in section

seventy-three of the public officers law, shall complete the live course

within ninety days of appointment or employment and shall complete the

live course every two years subsequently.

(b) The commission shall develop and administer an online ethics

refresher course for all individuals listed under subparagraph (i) of

this paragraph who have previously completed the live course. Such

refresher course shall be designed to include any changes in law,

regulation, or policy or in the interpretation thereof, and practical

application of the material covered. Unless the commission grants an

extension or waiver for good cause shown, such individuals shall take

such refresher course once every year after having completed the live

course under paragraph (a) of this subdivision.

(c) The commission shall develop and administer an online live

question and answer course for agency ethics officers.

(d) The commission shall develop and administer training courses for

lobbyists and clients of lobbyists and adopt regulations and procedures

related to such training courses including, but not limited to,

establishing deadlines for training course completion.

(d-1) The commission may impose a fee upon lobbyists and clients of

lobbyists for late completion of the training course required by this

subdivision, as set forth in section one-d of the legislative law.

(e) The provisions of this subdivision shall be applicable to the

legislature except to the extent that an ethics training program is

otherwise established by the assembly and/or senate for their respective

members and employees and such program meets or exceeds each of the

requirements set forth in this subdivision.

(f) On an annual basis, the commission, in coordination with the

legislative ethics commission, shall determine the status of compliance

with the training requirements under this subdivision by each state

agency and by the senate and the assembly. Such determination shall

include aggregate statistics regarding participation in such training

and shall be reported on a quarterly basis to the governor and the

legislature in writing.

9. Financial disclosure statements. (a) The commission may delegate

all or part of review, inquiry and advice in this section to the staff

under the supervision of the executive director.

(b) The commission shall make available forms for annual statements of

financial disclosure required to be filed pursuant to section

seventy-three-a of the public officers law.

(c) The commission shall review the financial disclosure statements of

the statewide elected officials and members of the legislature within

sixty days of their filings to determine, among other things,

deficiencies and conflicts.

(d) The commission shall review on a random basis the financial

disclosure statements for filers who are not statewide elected officials

and members of the legislature.

(e) The commission shall review financial disclosure statements filed

in accordance with the provisions of this section and (i) inquire into

any disclosed conflict to recommend how best to address such conflict;

and

(ii) ascertain whether any person subject to the reporting

requirements of section seventy-three-a of the public officers law has

failed to file such a statement, has filed a deficient statement or has

filed a statement which reveals a possible violation of section

seventy-three, seventy-three-a or seventy-four of the public officers

law.

(f) If a person required to file a financial disclosure statement with

the commission has failed to file a disclosure statement or has filed a

deficient statement, the commission shall notify the reporting person in

writing, state the failure to file or detail the deficiency, provide the

person with a fifteen-day period to cure the deficiency, and advise the

person of the penalties for failure to comply with the reporting

requirements. This first notice of deficiency shall be confidential. If

the person fails to make such filing or fails to cure the deficiency

within the specified time period, the commission shall send a notice of

delinquency (i) to the reporting person; (ii) in the case of a statewide

elected official, to the chief of staff or counsel to the statewide

elected official; (iii) in the case of a member of the legislature or a

legislative employee, to the temporary president of the senate and the

speaker of the assembly; and (iv) in the case of a state officer,

employee or board member, to the appointing authority for such person.

Such notice of delinquency may be sent at any time during the reporting

person's service as a statewide elected official, state officer or

employee, member of the assembly or the senate, or a legislative

employee or a political party chair or while a candidate for statewide

office, or within one year after termination of such service or

candidacy. A copy of any notice of delinquency or report shall be

included in the reporting person's file and be available for public

inspection and copying pursuant to the provisions of this section. The

jurisdiction of the commission, when acting pursuant to this subdivision

with respect to financial disclosure, shall continue for two years

notwithstanding that the reporting person separates from state service,

or ceases to hold public or political party office, or ceases to be a

candidate, provided the commission notifies such person of the alleged

failure to file or deficient filing pursuant to this subdivision.

(g) The commission shall adopt a procedure whereby a person who is

required to file an annual financial disclosure statement with the

commission may request an additional period of time within which to file

such statement, other than members of the legislature, candidates for

members of the legislature and legislative employees, due to justifiable

cause or undue hardship.

(h) The commission may permit any person who is required to file a

financial disclosure statement with the commission to request that the

commission delete from the copy thereof made available for public

inspection and copying one or more items of information which may be

deleted by the commission upon a finding by the commission that the

information which would otherwise be required to be made available for

public inspection and copying will have no material bearing on the

discharge of the reporting person's official duties. If such request for

deletion is denied, the commission, in its notification of denial, shall

inform the person of their right to appeal the commission's

determination in a proceeding commenced against the commission, pursuant

to article seventy-eight of the civil practice law and rules.

(i) The commission may permit any person who is required to file a

financial disclosure statement with the commission to request an

exemption from any requirement to report one or more items of

information which pertain to such person's spouse, domestic partner, or

unemancipated children which item or items may be exempted by the

commission upon a finding by the commission that the reporting

individual's spouse, domestic partner, on their own behalf, or on behalf

of an unemancipated child, objects to providing the information

necessary to make such disclosure and that the information which would

otherwise be required to be reported shall have no material bearing on

the discharge of the reporting person's official duties. If such request

for exemption is denied, the commission, in its notification of denial,

shall inform the person of their right to appeal the commission's

determination, pursuant to article seventy-eight of the civil practice

law and rules.

(j) The commission may permit any person required to file a financial

disclosure statement to request an exemption from any requirement to

report the identity of a client pursuant to the question under

subparagraph (b) of paragraph eight of subdivision three of section

seventy-three-a of the public officers law in such statement based upon

an exemption set forth in such question. The reporting individual need

not seek an exemption to refrain from disclosing the identity of any

client with respect to any matter where they or their firm provided

legal representation to the client in connection with an investigation

or prosecution by law enforcement authorities, bankruptcy, or domestic

relations matters. In addition, clients or customers receiving medical

or dental services, mental health services, residential real estate

brokering services, or insurance brokering services need not be

disclosed. Pending any application for deletion or exemption to the

commission relating to the filing of a financial disclosure statement,

all information which is the subject or part of the application shall

remain confidential. Upon an adverse determination by the commission,

the reporting individual may request, and upon such request the

commission shall provide, that any information that is the subject or

part of the application remain confidential for a period of thirty days

following notice of such determination. In the event that the reporting

individual resigns their office and holds no other office subject to the

jurisdiction of the commission, the information shall not be made public

and shall be expunged in its entirety.

(k) The commission shall permit any person who has not been determined

by the person's appointing authority to hold a policy-making position,

but who is otherwise required to file a financial disclosure statement

to request an exemption from such requirement in accordance with rules

and regulations governing such exemptions. Such rules and regulations

shall provide for exemptions to be granted either on the application of

an individual or on behalf of persons who share the same job title or

employment classification which the commission deems to be comparable

for purposes of this section. Such rules and regulations may permit the

granting of an exemption where, in the discretion of the commission, the

public interest does not require disclosure and the applicant's duties

do not involve the negotiation, authorization or approval of:

(i) contracts, leases, franchises, revocable consents, concessions,

variances, special permits, or licenses as such terms are defined in

section seventy-three of the public officers law;

(ii) the purchase, sale, rental or lease of real property, goods or

services, or a contract therefor;

(iii) the obtaining of grants of money or loans; or

(iv) the adoption or repeal of any rule or regulation having the force

and effect of law.

10. Investigation and enforcement. (a) The commission shall receive

complaints and referrals alleging violations of section seventy-three,

seventy-three-a or seventy-four of the public officers law, article

one-A and section five-b of the legislative law, or section one hundred

seven of the civil service law.

(b) Upon the receipt of a complaint, referral, or the commencement of

an investigation, members of the commission shall disclose to the

commission any personal, professional, financial, or other direct or

indirect relationships a member of the commission may have with a

complainant or respondent. If any commissioner determines a conflict of

interest may exist, the commissioner shall, in writing, notify the other

members of the commission setting forth the possible conflict of

interest. The commissioner may recuse themself from all subsequent

involvement in the consideration and determination of the matter. If,

after the disclosure, the commissioner does not recuse themself from the

matter, the commission, by a majority vote finding that the disclosed

information creates a substantial conflict of interest, shall remove the

conflicted commissioner from all subsequent involvement in the

consideration and determination of the matter, provided the reason for

the decision is clearly stated in the determination of the commission.

(c) The commission shall conduct any investigation necessary to carry

out the provisions of this section. Pursuant to this power and duty, the

commission may administer oaths or affirmations, subpoena witnesses,

compel their attendance and testimony, and require the production of any

books or records which it may deem relevant or material. The commission

may, by a majority vote and pursuant to regulations adopted pursuant to

the state administrative procedure act, delegate to the executive

director the authority to issue subpoenas, provided that the executive

director first notify the chair of the commission.

(d) The commission staff shall review and investigate, as appropriate,

any information in the nature of a complaint or referral received by the

commission or initiated by the commission, including through its review

of media reports and other information, where there is specific and

credible evidence that a violation of section seventy-three,

seventy-three-a, or seventy-four of the public officers law, section one

hundred seven of the civil service law or article one-A of the

legislative law by a person or entity subject to the jurisdiction of the

commission including members of the legislature and legislative

employees and candidates for members of the legislature.

(e) The commission shall notify the complainant, if any, that the

commission has received their complaint.

(f) If, following a preliminary review of any complaint or referral,

the commission or commission staff decides to elevate such preliminary

review into an investigation, written notice shall be provided to the

respondent setting forth, to the extent the commission is able to, the

possible or alleged violation or violations of such law and a

description of the allegations against the respondent and the evidence,

if any, already gathered pertaining to such allegations, provided

however that any information that may, in the judgment of the commission

or staff, either be prejudicial to the complainant or compromise the

investigation shall be redacted. The respondent shall have fifteen days

from receipt of the written notice to provide any preliminary response

or information the respondent determines may benefit the commission or

commission staff in its work. After the review and investigation, the

staff shall prepare a report to the commission setting forth the

allegation or allegations made, the evidence gathered in the review and

investigation tending to support and disprove, if any, the allegation or

allegations, the relevant law, and a recommendation for the closing of

the matter as unfounded or unsubstantiated, for settlement, for

guidance, or moving the matter to a confidential due process hearing.

The commission shall, by majority vote, return the matter to the staff

for further investigation or accept or reject the staff recommendation.

(g) In an investigation involving a victim the commission shall ensure

that any interview of such victim is upon such victim's consent and that

the investigator or investigators interviewing such victim have adequate

trauma informed and victim centered investigative training. If a victim

is requested to testify at a hearing, the commission shall provide

sufficient notice to the victim of such request. Regardless of whether a

victim is requested to or testifies at a hearing, the victim shall be

informed as to how any statements made or information provided will be

used in an investigation.

(h) Upon the conclusion of an investigation, if the commission, after

consideration of a staff report, determines by majority vote that there

is credible evidence of a violation of the laws under its jurisdiction,

it shall provide the respondent timely notice for a due process hearing.

The commission shall also inform the respondent of its rules regarding

the conduct of adjudicatory proceedings and appeals and the other due

process procedural mechanisms available to the respondent. If after a

hearing the complaint is unsubstantiated or unfounded, the commission

shall provide written notice to the respondent, complainant, if any, and

victim, if any, provided that such notice shall not include any

personally identifying information or information tending to identify

any party involved in an investigation.

(i) The hearing shall be conducted before an independent arbitrator.

Such hearing shall afford the respondent with a reasonable opportunity

to appear in person, and by attorney, give sworn testimony, present

evidence, and cross-examine witnesses.

(j) The commission may, at any time, develop procedures and rules for

resolution of de minimus or minor violations that can be resolved

outside of the enforcement process, including the sending of a

confidential guidance or educational letter.

(k) The jurisdiction of the commission when acting pursuant to this

section shall continue notwithstanding that a statewide elected official

or a state officer or employee or member of the legislature or

legislative employee separates from state service, or a political party

chair ceases to hold such office, or a candidate ceases to be a

candidate, or a lobbyist or client of a lobbyist ceases to act as such,

provided that the commission notifies such individual or entity of the

alleged violation of law within two years from the individual's

separation from state service or termination of party service or

candidacy, or from the last report filed pursuant to article one-A of

the legislative law. Nothing in this section shall serve to limit the

jurisdiction of the commission in enforcement of subdivision eight of

section seventy-three of the public officers law.

(l) If the commission's vote to proceed to a due process hearing after

the completion of an investigation does not carry, the commission shall

provide written notice of the decision to the respondent, complainant,

if any, and victim, if any, provided that such notice shall not include

any personally identifying information or information tending to

identify any party involved in an investigation.

(m) If the commission determines a complaint or referral lacks

specific and credible evidence of a violation of the laws under its

jurisdiction, or a matter is closed due to the allegations being

unsubstantiated prior to a vote by the commission, such records and all

related material shall be exempt from public disclosure under article

six of the public officers law, except the commission's vote shall be

publicly disclosed in accordance with articles six and seven of the

public officers law. The commission shall provide written notice of

such closure to the respondent, complainant, if any, or victim, if any,

provided that such notice shall not include any personally identifying

information or information tending to identify any party involved in an

investigation.

(n) (i) An individual subject to the jurisdiction of the commission

who knowingly and intentionally violates the provisions of subdivisions

two through five-a, seven, eight, twelve or fourteen through seventeen

of section seventy-three of the public officers law, section one hundred

seven of the civil service law, or a reporting individual who knowingly

and willfully fails to file an annual statement of financial disclosure

or who knowingly and willfully with intent to deceive makes a false

statement or fraudulent omission or gives information which such

individual knows to be false on such statement of financial disclosure

filed pursuant to section seventy-three-a of the public officers law,

shall be subject to a civil penalty in an amount not to exceed forty

thousand dollars and the value of any gift, compensation or benefit

received as a result of such violation.

(ii) An individual who knowingly and intentionally violates the

provisions of paragraph a, b, c, d, e, g, or i of subdivision three of

section seventy-four of the public officers law, shall be subject to a

civil penalty in an amount not to exceed ten thousand dollars and the

value of any gift, compensation or benefit received as a result of such

violation.

(iii) An individual subject to the jurisdiction of the commission who

knowingly and willfully violates article one-A of the legislative law

shall be subject to civil penalty as provided for in that article.

(iv) With respect to a potential violation of any criminal law where

the commission finds sufficient cause by a majority vote, it shall refer

such matter to the appropriate law enforcement authority for further

investigation.

(v) In assessing the amount of the civil penalties to be imposed, the

commission shall consider the seriousness of the violation, the amount

of gain to the individual and whether the individual previously had any

civil or criminal penalties imposed pursuant to this section, and any

other factors the commission deems appropriate.

(vi) A civil penalty for false filing shall not be imposed under this

subdivision in the event a category of "value" or "amount" reported

hereunder is incorrect unless such reported information is falsely

understated.

(vii) Notwithstanding any other provision of law to the contrary, no

other penalty, civil or criminal may be imposed for a failure to file,

or for a false filing, of such statement, or a violation of subdivision

six of section seventy-three of the public officers law or section one

hundred seven of the civil service law, except that the commission may

recommend that the individual in violation of such subdivision or

section be disciplined.

(o) The commission shall be deemed to be an agency within the meaning

of article three of the state administrative procedure act and shall

adopt rules governing the conduct of adjudicatory proceedings and

appeals taken pursuant to a proceeding commenced under article

seventy-eight of the civil practice law and rules relating to the

assessment of the civil penalties or the recommendation of employee

discipline herein authorized. Such rule shall provide for due process

procedural mechanisms substantially similar to those set forth in

article three of the state administrative procedure act but such

mechanisms need not be identical in terms or scope.

(p) (i) The commission shall have jurisdiction to investigate, but

shall have no jurisdiction to impose penalties or discipline upon

members of or candidates for member of the legislature or legislative

employees for any violation of the public officers law or section one

hundred seven of the civil service law. If, after investigation and a

due process hearing, the commission has found, by a majority vote, a

substantial basis to conclude that a member of the legislature or a

legislative employee or candidate for member of the legislature has

violated any provisions of such laws, it shall prepare a written report

of its findings and provide a copy of that report to the legislative

ethics commission, and to such individual in violation of such law. The

commission shall provide to the legislative ethics commission copies of

the full investigative file and hearing record.

(ii) With respect to the investigation of any individual who is not a

member of the legislature or a legislative employee or candidate for

member of the legislature, if after its investigation and due process

hearing, the commission has found, by a majority vote, a substantial

basis to conclude that the individual or entity has violated the public

officers law, section one hundred seven of the civil service law, or the

legislative law, the commission shall determine whether, in addition to

or in lieu of any fine authorized by this article, the matter should be

referred to their employer for discipline with a warning, admonition,

censure, suspension or termination or other appropriate discipline. With

regard to statewide elected officials, the commission may not order

suspension or termination but may recommend impeachment. The commission

shall then issue a report containing its determinations including its

findings of fact and conclusions of law to the complainant and

respondent. The commission shall publish such report on its website

within twenty days of its delivery to the complainant and respondent.

11. Confidentiality. (a) When an individual becomes a commissioner or

staff of the commission, such individual shall be required to sign a

non-disclosure statement.

(b) Except as otherwise required or provided by law, or when necessary

to inform the complainant or respondent of the alleged violation of law,

if any, of the status of an investigation, testimony received, or any

other information obtained by a commissioner or staff of the commission,

shall not be disclosed by any such individual to any person or entity

outside of the commission during the pendency of any matter. Any

confidential communication to any person or entity outside the

commission related to the matters before the commission shall occur only

as authorized by the commission. For the purposes of this paragraph,

"matter" shall mean any complaint, review, inquiry, or investigation

into alleged violations of this chapter.

(c) The commission shall establish procedures necessary to prevent the

unauthorized disclosure of any information received by any member of the

commission or staff of the commission. Any breaches of confidentiality

may be investigated by the New York state office of the inspector

general, attorney general, or other appropriate law enforcement

authority upon a majority vote of the commission to refer, and

appropriate action shall be taken.

(d) Any commission member or person employed by the commission who

intentionally and without authorization releases confidential

information received or generated by the commission shall be guilty of a

class A misdemeanor.

12. Annual report. (a) The commission shall make an annual public

report summarizing the activities of the commission during the previous

year and recommending any changes in the laws governing the conduct of

persons subject to the jurisdiction of the commission, or the rules,

regulations and procedures governing the commission's conduct. Such

report shall include, but is not limited to:

(i) information on the number and type of complaints received by the

commission and the status of such complaints;

(ii) information on the number of investigations pending and nature of

such investigations;

(iii) where a matter has been resolved, the date and nature of the

disposition and any sanction imposed; provided, however, that such

annual report shall not contain any information for which disclosure is

not permitted pursuant to this section or other laws;

(iv) information regarding financial disclosure compliance for the

preceding year; and

(v) information regarding lobbying law filing compliance for the

preceding year.

(b) Such a report shall be filed in the office of the governor and

with the legislature on or before the first day of April for the

preceding year.

13. Website. (a) Within one hundred twenty days of the effective date

of this section, the commission shall update JCOPE's publicly accessible

website which shall set forth the procedure for filing a complaint with

the commission, the filing of financial disclosure statements filed by

state officers or employees or legislative employees, the filing of

statements required by article one-A of the legislative law, and any

other records or information which the commission determines to be

appropriate.

(b) The commission shall post on its website the following documents:

(i) the information set forth in an annual statement of financial

disclosure filed pursuant to section seventy-three-a of the public

officers law except information deleted pursuant to paragraph (g) of

subdivision nine of this section of statewide elected officials and

members of the legislature;

(ii) notices of delinquency sent under subdivision nine of this

section;

(iii) notices of civil assessments imposed under this section which

shall include a description of the nature of the alleged wrongdoing, the

procedural history of the complaint, the findings and determinations

made by the commission, and any sanction imposed;

(iv) the terms of any settlement or compromise of a complaint or

referral which includes a fine, penalty or other remedy;

(v) those required to be held or maintained publicly available

pursuant to article one-A of the legislative law; and

(vi) reports issued by the commission pursuant to this section.

14. Additional powers. In addition to any other powers and duties

specified by law, the commission shall have the power and duty to

administer and enforce all the provisions of this section.

15. Severability. If any part or provision of this section or the

application thereof to any person or organization is adjudged by a court

of competent jurisdiction to be unconstitutional or otherwise invalid,

such judgment shall not affect or impair any other part or provision or

the application thereof to any other person or organization, but shall

be confined in its operation to such part or provision.

Consumer protection division. 1. Legislative declaration. The

legislature hereby finds and declares that the consumption of goods and

services is an economic activity that affects the life of every citizen.

The legislature further finds that unscrupulous and questionable

business practices are detrimental to the economic well-being of the

citizens of this state. In order to protect the people of New York state

from economic harm the legislature finds that it is appropriate that the

responsibilities of the consumer protection board be consolidated into a

new consumer protection division under the supervision of the secretary.

2. Consumer protection division. (a) The secretary shall establish a

consumer protection division in the department.

(b) The secretary is authorized to establish within the consumer

protection division one or more units and assign appropriate functions

to any such unit and may appoint such staff as necessary and prescribe

their duties and fix their compensation within the appropriation

provided by law.

(c) The secretary shall establish a public education and outreach

campaign to publicize the consumer protection division so as to maximize

public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division. (a) The division shall

have the power and duty to:

(1) receive complaints of consumers, attempt to mediate such

complaints where appropriate, and refer complaints to the appropriate

unit of the department, or federal, state or local agency authorized by

law for appropriate action on such complaints;

(2) coordinate the activities of all state agencies performing

consumer protection functions;

(3) initiate and encourage consumer education programs;

(4) conduct investigations, research, studies and analyses of matters

affecting the interests of consumers;

(5) cooperate with and assist the attorney general and the department

of financial services in the carrying out of legal enforcement

responsibilities for the protection of consumers;

(6) implement other powers and duties by regulation and otherwise as

prescribed by any provision of law;

(7) (i) advise and make recommendations to the governor on matters

affecting the consumers of the state and promote and encourage the

protection of the legitimate interests of consumers within the state;

(ii) study the operation of consumer protection laws and recommend to

the governor new laws and amendments of laws for consumer protection;

(8) represent the interests of consumers of the state before federal,

state and local administrative and regulatory agencies;

(9) establish a process by which victims of identity theft will

receive assistance and information to resolve complaints. To implement

the process the secretary shall have the authority to:

(i) promulgate rules and regulations to administer the identity theft

prevention and mitigation program; and

(ii) act as a liaison between the victim and any state agency, public

authority, or any municipal department or agency, the division of state

police, and county or municipal police departments, and any

non-governmental entity, including but not limited to, consumer credit

reporting agencies, to facilitate the victim obtaining such assistance

and data as will enable the program to carry out its duties to help

consumers resolve the problems that have resulted from the identity

theft. Trade secrets and proprietary business information contained in

the documents or records that may be received by the division shall be

exempt from disclosure to the extent allowed by article six of the

public officers law;

(10) undertake activities to encourage business and industry to

maintain high standards of honesty, fair business practices, and public

responsibility in the production, promotion and sale of consumer goods

and services;

(11) conduct product research and testing and, where appropriate,

contract with private agencies and firms for the performance of such

services;

(12) cooperate with and assist local governments in the development of

consumer protection activities;

(13) establish advisory councils to assist in policy formulation on

specific consumer problems;

(14) cooperate with and assist consumers in class actions in proper

cases;

(15) create an internet website or webpage pursuant to section three

hundred ninety-c of the general business law, as added by chapter five

hundred nine of the laws of two thousand seven; and

(16) exercise such powers and duties granted to the secretary by

article sixteen of the energy law as the secretary may direct,

including, but not limited to: consult with such president of the New

York state energy research and development authority in connection with

investigations conducted by such president pursuant to article sixteen

of the energy law; make determinations relating to compliance by

products with the standards adopted pursuant to article sixteen of the

energy law; order the immediate cessation of any distribution, sale or

offer for sale, import, or installation of any product that does not

meet such standards; and impose civil penalties as contemplated by

article sixteen of the energy law.

4. Utility intervention unit. (a) There is established within the

division a state utility intervention unit.

(b) The utility intervention unit shall have the power and duty to:

(i) on behalf of the secretary, initiate, intervene in, or participate

in any proceedings before the public service commission or the

department of public service, to the extent authorized by sections

three-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the

public service law or any other applicable provision of law, where he or

she deems such initiation, intervention or participation to be necessary

or appropriate;

(ii) represent the interests of consumers of the state before federal,

state and local administrative and regulatory agencies engaged in the

regulation of energy services;

(iii) accept and investigate complaints of any kind from Long Island

power authority consumers, attempt to mediate such complaints where

appropriate directly with such authority and refer complaints to the

appropriate state or local agency authorized by law to take action with

respect to such complaints; and

(iv) hold regular forums in each of the service territories of the

combination gas and electric corporations, as defined under section two

of the public service law, and the Long Island power authority to

educate consumers about utility-related matters and the regulatory

process, opportunities to lower energy costs, including through energy

efficiency and distributed generation, and other matters affecting

consumers.

5. Reports. (a) No later than March fifteenth of each year, beginning

in two thousand twelve, the secretary shall furnish to the governor, the

speaker of the assembly and the temporary president of the senate a

report describing the activities of the consumer protection division.

The secretary shall prepare quarterly a report to the governor, the

speaker of the assembly and the temporary president of the senate of the

category and number of complaints received by the division during the

previous quarter in sufficient detail to assist the recipients in

determining the need for additional laws for the protection of the

consumer. Additionally, all such complaints received by the division

shall be maintained on a category by category basis.

(b) No later than January first, two thousand twelve, the secretary

shall furnish to the governor, the speaker of the assembly and the

temporary president of the senate a report describing the activities of

the consumer protection division regarding the public education and

outreach campaign required pursuant to paragraph (c) of subdivision two

of this section.

Office for new Americans. 1. Legislative intent. The

legislature hereby finds and declares that, according to the 2010

census, approximately twenty-two percent of New Yorkers were not born in

the United States, nine percent above the national average. For years

immigrants have come to the United States to make a better life for

themselves. It is of utmost importance to the state that these new

Americans be given the tools to assist them in making a better life for

themselves, particularly through programs that help develop and leverage

their skills and strengthen their connections with their communities and

through programs to reduce exploitation of vulnerable immigrant

populations.

2. Definitions. For the purposes of this section, the terms "new

American" and "immigrant" shall refer to non-citizen domicilaries of New

York state whose country of origin is other than the United States.

3. Office for new Americans; director. There is hereby created within

the department of state the office for new Americans. The secretary

shall appoint a director of the office to accomplish the

responsibilities set forth in this section. Such director shall receive

an annual salary within amounts appropriated and shall serve at the

pleasure of the secretary.

4. Organization of the office for new Americans. The secretary shall

have the power to establish, consolidate, reorganize, or abolish any

organizational units within the office as he or she determines to be

necessary for efficient operation thereof. The secretary shall assign

functions to any such unit and may appoint staff, agents, and

consultants, prescribe their duties, and fix their compensation within

amounts appropriated.

5. Powers and duties of the office for new Americans. The office for

new Americans shall have the power and responsibility to:

(a) Create a network of neighborhood-based opportunity centers;

(b) Increase access to English-for-speakers-of-other-languages (ESOL)

training, including by engaging not-for-profit organizations and other

qualified providers of ESOL training services;

(c) Assist immigrants in matters relating to immigration status,

including but not limited to assisting with the naturalization process

and applications for deferred action for childhood arrivals;

(d) Connect immigrants to business resources that harness their

skills, employment referral programs, and other workforce development

programs;

(e) Develop and leverage the skills of immigrants to benefit their

communities and the state;

(f) Strengthen the connections between immigrants and their

communities through civic engagement;

(g) Reduce exploitation of immigrants;

(h) Establish a toll-free multi-lingual hotline and a website for

purposes including but not limited to dissemination of information about

the programs and services offered by the office for new Americans,

referral for services, and receipt of complaints relating to fraud and

other related crimes against immigrants;

(i) Ensure that individuals referred by the office are directed to

service providers who are in compliance with article twenty-eight-C of

the general business law or providers certified by the bureau of

immigration appeals;

(j) Using information developed by the office through the hotline,

assist law enforcement in combatting crimes against immigrants;

(k) Advise the governor and secretary concerning matters affecting

immigrants in the state in order to promote and encourage the full

participation of immigrants in the state's civic and economic life;

(l) Coordinate with other state agencies and otherwise marshal the

resources of the state to serve the needs of immigrants;

(m) Encourage and assist local governments in the development of

activities to enhance civic engagement among immigrants and in immigrant

communities;

(n) Beginning in two thousand fifteen, by June fifteenth of each year,

produce a report to the governor, the speaker of the assembly, and the

temporary president of the senate describing the activities of the

office, including but not limited to, summarizing calls received through

the hotline and website, information on ESOL training services provided

by the office, the number of immigrants assisted through the opportunity

centers, or an estimation thereof, the status of any workforce

development programs, and any other relevant information;

(o) Encourage the development of and provide for the establishment of

a state military immigrant family legacy program liaison, as provided in

section twenty-nine-b of the veterans' services law; and

(p) Request individuals seeking assistance from the office answer the

following questions: "Have you served in the United States military?"

"Has someone in your family served in the United States military?"

Individuals identifying themselves or a family member as "intended

recipients" of the staff sergeant Alex R. Jimenez New York state

military immigrant family legacy program as such term is defined in

paragraph (e) of subdivision one of section twenty-nine-b of the

veterans' services law, shall be advised of such program. In addition,

such individuals shall be informed that the department of veterans'

services and local veterans' service agencies established pursuant to

section seventeen of the veterans' services law provide assistance to

uniformed service members, veterans and their families regarding

benefits available under federal and state law. Information regarding

veterans and military status provided by assisted individuals shall be

protected as personal confidential material, and used only to identify

such individuals as "intended recipients" of the staff sergeant Alex R.

Jimenez New York State military immigrant family legacy program, and to

assist such individuals in matters relating to immigration status and

citizenship, and in referring such individuals to the department of

veterans' services or local veterans' service agencies for information

and assistance with regard to benefits and entitlements under federal

and state law.

* § 94-d. New York Asian American and Pacific Islander commission. 1.

(a) There is hereby established within the department of state the New

York Asian American and Pacific Islander commission. The commission

shall consist of thirteen members representative of Asian American and

Pacific Islander communities which may include, but not be limited to:

the Bangladeshi, Bhutanese, Cambodian, Chinese, Filipino, Hmong, Indian,

Indonesian, Japanese, Korean, Laotian, Malaysian, Mongolian, Nepalese,

Pakistani, Singaporean, Sri Lankan, Taiwanese, Thai, and Vietnamese

communities. Such members shall have experience advocating on behalf of

their community, and shall be appointed as follows:

(1) seven members shall be appointed by the governor;

(2) two members shall be appointed by the temporary president of the

senate;

(3) two members shall be appointed by the speaker of the assembly;

(4) one member shall be appointed by the minority leader of the

senate; and

(5) one member shall be appointed by the minority leader of the

assembly.

The secretary of state, or their designee, shall serve as chair of the

commission.

(b) Each member of the commission shall serve a term of three years,

except that in making the first appointments to the commission, four

members shall be appointed to serve for one year, four for two years,

and five for three years. The first appointments made by the temporary

president of the senate and speaker of the assembly shall be allocated

equally between the one-year and two-year terms of service. The first

appointments made by the minority leaders shall serve for three years.

The first appointments made by the governor shall be as follows: two

members shall be appointed to serve for one year, two members shall be

appointed to serve for two years, and three members shall be appointed

to serve for three years. The members shall be eligible for

reappointment and shall serve until their successors are appointed and

qualified, and the term of the successor of any incumbent shall be

calculated from the expiration of the term of that incumbent. A vacancy

occurring other than by expiration of term shall be filled in the same

manner as the original appointment, but for the unexpired term only.

(c) A majority of the members of the commission shall constitute a

quorum for the purpose of conducting the business thereof and a majority

vote of all the members in office shall be necessary for action.

2. The commission shall make recommendations regarding the following:

(a) policies to improve the community, economic and social well-being,

and the health and educational needs important to Asian American and

Pacific Islander communities in the state;

(b) statewide programs, recognizing the continuing contributions of

Asian American and Pacific Islander individuals in the state;

(c) public education campaigns regarding Asian American and Pacific

Islander issues and culture;

(d) ways to increase the awareness among Asian American and Pacific

Islander individuals of state and local resources that may benefit Asian

American and Pacific Islander individuals and communities as a whole.

3. The members of the commission shall serve without compensation, but

they shall be entitled to reimbursement for all necessary expenses

incurred in the performance of their duties.

4. The commission shall submit an annual report on its activities to

the governor and the legislature.

* NB Repealed November 17, 2028

Legislative manual. The secretary of state, at the expense of

the state, may in each odd-numbered year prepare and publish the

legislative manual. The manual shall contain the constitution of the

United States and of the state of New York, diagrams of the senate and

assembly chambers, and such other information of the nature heretofore

published therein, as the secretary may consider useful, and shall be

printed and bound in substantially the same style as heretofore. As soon

as printed, the secretary shall deliver a copy of the manual to each

member and officer of the legislature, and to each state officer

entitled to the session laws.

Fees and refunds. Except as otherwise provided by section

ninety-six-a of this chapter, the department of state shall collect the

following fees:

1. For searching the records of the department for the availability of

a corporate, limited partnership or limited liability company name, five

dollars for each name submitted.

2. For searching the records of the department other than as set forth

in subdivision one hereof, five dollars for each name in excess of five

submitted by or on behalf of an applicant for a search.

3. For a copy of any paper or record not required to be certified or

otherwise authenticated, fifty cents per page; except that the fee for a

copy of any paper or record not required to be certified or otherwise

authenticated which is furnished by the bureau of corporations of the

department of state, shall be five dollars, regardless of the number of

pages.

4. For a certified or exemplified copy of any law, record or paper,

except a photostatic copy furnished by the department of state, one

dollar per page; for a certified or exemplified copy of any law, record

or paper reproduced by photostat by the department of state, fifty cents

per page and in either case five dollars additional for the certificate

under the official seal of the department of state, affixed thereto;

except that the fee for a certified or exemplified copy of any record or

paper which is furnished by the bureau of corporations of the department

of state, shall be ten dollars, regardless of the number of pages or

regardless of whether such document is reproduced by photostat.

5. For a certificate or authentication under the great seal of the

state, ten dollars.

6. For a certificate as to the official character of a commissioner of

deeds residing in another state or foreign country, one dollar.

7. For every other certificate under the official seal of the

department of state, twenty-five dollars.

8. For registering and recording a notice of a mining claim as

required by section eighty-two of the public lands law, fifty dollars.

9. (a) For filing under the general associations law or any

corporation law, except the business corporation law and not-for-profit

corporation law: a certificate of incorporation, one hundred twenty-five

dollars; a certificate or report of voluntary dissolution, including the

issuance of duplicate certificates by the secretary of state, and a

certified copy of an order or judgment of dissolution, sixty dollars;

the statement and designation of a foreign corporation, including the

issuance of a certificate of authority, two hundred twenty-five dollars;

a certificate of designation or change of address or any certificate of

change of mailing address or office of a foreign corporation, other than

a moneyed corporation, thirty dollars; any other certificate or

instrument, sixty dollars.

(b) For filing under the business corporation law and the

not-for-profit corporation law as set forth in those chapters.

10. For service of process on the secretary of state, acting as agent

for a third party pursuant to law, except as otherwise specifically

provided by law, forty dollars. No fee shall be collected for process

served on behalf of a county, city, town or village or other political

subdivision of the state. The fees paid the secretary of state shall be

a taxable disbursement.

11. (a) For the special handling of requests made to the division of

corporations of the department of state for any service for which a fee

is collected as prescribed by law, twenty-five dollars. For the purposes

of this section the term "special handling" shall mean the completion of

the request within twenty-four hours of receipt of the request, except

in those cases where the twenty-four hour period shall end on a

Saturday, Sunday, holiday or day on which the division of corporations

of the department of state is not open for business, in which case the

twenty-four hour period shall be extended to the appropriate hour of the

next succeeding business day on which such division is open for

business.

(b) For the same day expedited handling of requests made to the

division of corporations of the department of state for any service for

which a fee is collected as prescribed by law, seventy-five dollars. For

the purposes of this section the term "same day expedited handling"

shall mean the completion of the request on the same day as the day of

request.

(c) For the two hour priority handling of requests made to the

division of corporations of the department of state for any service for

which a fee is collected as prescribed by law, one hundred fifty

dollars. For the purposes of this section the term "two hour priority

handling" shall mean the completion of the request within two hours on

the same day as the day of the request.

(d) For handling of non-expedited requests made to the division of

corporations of the department of state for any service for which a fee

is collected as prescribed by law, the completion of such request shall

be accomplished within seven business days.

12. For the filing, recording or registering of any certificate,

notice or other paper required to be filed, recorded or registered, the

fee for which is not otherwise prescribed by law, twenty-five dollars.

13. Except as otherwise specifically provided by law, the department

of state may refund, within three years from the date of payment and

upon audit of the state comptroller, any fee or portion of a fee paid

pursuant to any of the statutes which the department is charged by law

to administer, in any case in which:

a. the license, permit, or certificate applied for is not issued, or

does not take effect, or

b. the filing or certification requested is not made, or

c. the service requested is not rendered, or

d. the payment made is in excess of the amount prescribed by such

statute, or

e. the licensee has entered the active armed services of the United

States in which event the refund shall be such proportion of the license

fee paid as the number of full months remaining unexpired of the license

period bears to the total number of months in such period.

14. No fee shall be collected for copies of records furnished to state

officers as defined in the public officers law, section two, for use in

their official capacity.

15. The department of state shall on or before the tenth day of each

month, out of the moneys collected during the preceding month pursuant

to subdivision nine of this section, pay over to each county clerk in

whose office a certified copy of a corporation certificate or other

instrument relating to a domestic or foreign corporation shall have been

filed by the department during the preceding month pursuant to law the

sum of six dollars for each such copy of a corporation certificate or

other instrument for which the department shall have collected a filing

fee of thirty dollars or more, and the sum of one dollar for each such

copy of a corporation certificate or other instrument for which the

department shall have collected a sum of less than thirty dollars, and

such payment shall be received by the county clerk in full satisfaction

of all fees for filing such copy, any other general or special law to

the contrary notwithstanding. All such moneys remaining after such

payments to the county clerks shall be paid pursuant to section one

hundred twenty-one of the state finance law.

16. Consistent with the provisions of the corporate laws of the state

of New York, the department of state shall produce or reproduce the

content of any informational systems maintained pursuant to such laws.

The secretary of state shall establish the type and amount of the

reasonable fees to be collected by the department of state for such

informational systems. Such fees shall be subject to approval of the

director of the budget and shall be promulgated in the official rules

and regulations of the department of state in accordance with the

provisions of the state administrative procedure act.

17. For receipt of a village incorporation petition pursuant to

section 2-202 of the village law, two hundred fifty dollars.

Fees for services rendered pursuant to the uniform commercial

code. 1. In case of conflict between this section and any other

provision of law, this section shall control.

2. The secretary of state shall determine the type and amount of all

fees to be collected by the department of state and other filing offices

for services rendered by said department or office pursuant to the

provisions of the uniform commercial code and article ten-A of the lien

law. Such fees, referred to as processing fees, shall be non-refundable

fees paid to the department of state or office at the time that

documents are presented to the department of state or office for filing,

and will be paid whether or not the documents are accepted for filing.

Such fees shall be subject to the approval of the director of the budget

and shall be promulgated in the official rules and regulations of the

department of state in accordance with the provisions of the state

administrative procedure act. Nothing contained in this subdivision

shall preclude the secretary of state from periodically changing such

fees, subject to the approval of the director of the budget, and from

periodically amending the official rules and regulations of the

department of state in accordance with the provisions of the state

administrative procedure act.

3. Consistent with the provisions of article nine of the uniform

commercial code and article ten-A of the lien law, the department of

state and other filing offices shall produce or reproduce the content of

any informational systems maintained pursuant to such laws. The

secretary of state and other filing offices shall establish reasonable

fees for information so produced or reproduced. Notwithstanding any

other provisions of law, the availability of such information shall be

determined solely by the provisions of the uniform commercial code.

Completing unfinished papers. The secretary of state shall have

power to complete and sign and certify in his own name, adding to his

signature the date of so doing, all records of incorporation papers and

other papers left incomplete or unsigned by any of his predecessors,

with the same force and effect as though said records had been duly

signed by such predecessors.

Affirmation in lieu of oath. Any application for a license or

registration required by law to be filed with the department of state

may, in lieu of being acknowledged or sworn under oath, be subscribed by

the applicant and affirmed by him or her as true under penalties of

perjury.

Copies of amendments to rules for admission of attorneys. The

secretary of state must cause to be published in the next ensuing volume

of the session laws each amendment of the rules established by the court

of appeals for the admission of attorneys and counselors, filed with him

pursuant to the judiciary law.

Central state registry of security guards. 1. The department

shall collect information and maintain, on a current basis, a registry

of all security guards and applicants for registration cards in the

state. Such registry shall include, but not be limited to, with respect

to each security guard or applicant as the case may be, his or her name,

address, date of birth, whether a registration card has been issued,

denied, suspended or revoked or has expired, and the security guard

company or companies by whom he or she is or has been employed and such

other information as may in the discretion of the secretary be

appropriate; provided, however, that in no case shall such registry

include criminal history information.

2. Each security guard company as defined in subdivision five of

section eighty-nine-f of the general business law which employs security

guards shall transmit to the department, no later than the fifteenth day

of January in the year next succeeding the year in which the provisions

of this section become effective, a list which shall include but not be

limited to the name of every security guard employed by such security

guard company indicating with respect to each security guard his or her

name, address, date of birth and such other information as may in the

discretion of the secretary be appropriate; provided, however, that in

no case shall such registry include criminal history information. Each

such security guard company shall thereafter, submit to the department

the name of each security guard employed or who has retired or resigned

or whose employment as a security guard is terminated for any reason, no

later than the fifteenth calendar day following such employment,

retirement, resignation or termination, and, in the instance of newly

appointed security guards, shall include all the information required to

be furnished in the initial listing required by this subdivision. The

information required to be submitted pursuant to this subdivision which

is required by law to be kept confidential shall be kept confidential

and all other information shall be released only pursuant to this

section.

3. The department shall establish rules and regulations to provide for

a permanent system of identification for each security guard or

applicant as the case may be, which will ensure the security and privacy

of information contained in the registry and to ensure that such

information is made available only to qualified agencies defined in

subdivision nine of section eight hundred thirty-five of this chapter

and to security guard companies only for the purposes enumerated in

subdivision four of this section.

4. Notwithstanding any other provision of law, security guard

companies, as defined in subdivision five of section eighty-nine-f of

the general business law, shall, upon such terms and conditions as the

department shall by rules and regulations prescribe, have timely access

to information contained in the registry, with respect to security

guards as defined in subdivision six of section eighty-nine-f of the

general business law or applicants as defined in subdivision nine of

section eighty-nine-f of the general business law, who as certified by

such security guard companies making such inquiries are presently

employed by or who have applied for employment by such security guard

companies as security guards. Such information shall include but not be

limited to employment history and such other information as may in the

discretion of the secretary be appropriate and relevant to the

employment of a security guard.

5. In the event of failure or refusal to comply with the requirements

of subdivision two of this section, the secretary may apply to the

supreme court for an order directed to the person responsible requiring

compliance. Upon such application the court may issue such order as may

be just, and a failure to comply with the order of the court shall be a

contempt of court and punishable as such.

6. Whenever an applicant for or holder of a security guard

registration card has been charged with a serious offense as defined by

subdivision thirteen of section eighty-nine-f of the general business

law or of a misdemeanor, the division shall notify the department and

the department shall notify the security guard company which employs

such applicant or which has filed the application on behalf of such

applicant of such serious offense or a misdemeanor as provided for in

paragraph a of subdivision three of section eighty-nine-g of this

article.

7. In the event that a registration card is not issued within six

months following application therefor, or is not reissued within six

months following the expiration thereof, unless the registration card

has been suspended or revoked, the department shall so notify the

division which shall thereupon destroy the set of fingerprints received

with the application.

8. The department shall continue to maintain in the registry the

information required to be kept pursuant to this article for security

guards and applicants for a period of not less than five years following

their termination, revocation, resignation, retirement or failure to be

hired or renewed at which time the department shall purge from the

registry such information.

9. Saving clause. In case it be judicially determined that any of the

provisions of this section is unconstitutional or otherwise invalid,

such determination shall not affect the validity or effect of the

remaining provisions of this section.

Central state registry of armored car guards. 1. The secretary

of state shall maintain a computerized registry of all individuals who

apply for a registration card or have been issued a registration card as

an armored car guard pursuant to the provisions of article eight-C of

the general business law. An armored car carrier, as that term is

defined in subdivision six of section eighty-nine-bbb of the general

business law, shall obtain only the name, address and armored car guard

registration status of an employee or potential employee listed in such

registry.

2. The secretary of state shall maintain all records collected for

applicants pursuant to the armored car guard act for a period of five

years after the applicant's termination as an armored car guard,

retirement, resignation, death, failure to be rehired, or non-renewal of

the applicant's registration card. Every armored car carrier shall file

with the secretary, on a monthly basis, a report, stating all armored

car guards in their employ who have retired, resigned, died, been

terminated, have not been rehired, or have otherwise been removed from

active duty, in such form and on such media as approved for such purpose

by the secretary.

Information on state agencies pertaining to persons subjected

to section seventy-three-a of the public officers law and who hold

policy-making positions. 1. As used in this section "agency" means:

(a) any state department, board, bureau, division, council, committee,

commission, or office;

(b) any other similar state public organization established pursuant

to state statutes, executive order, or other executive action for the

exercise of any function of state government and to which members are

appointed or elected; and

(c) any public authority or public benefit corporation a majority of

whose members are appointed by the governor or serve as members by

virtue of holding state offices to which they were appointed by the

governor, or any combination thereof.

2. "Agency" does not include:

(a) any informal advisory organization established exclusively by a

state agency to advise a commissioner, secretary, or other director of

that agency on an informal basis;

(b) the state legislature; and

(c) any local government or subdivision or entity thereof.

3. The secretary of state shall maintain a compilation of persons

subjected to section seventy-three-a of the public officers law and who

hold policy-making positions at all state agencies, including state

agencies established after the effective date of this section. Such

compilation shall identify by agency the persons subjected to section

seventy-three-a of the public officers law and who hold policy-making

positions, the length of time such positions have been held, and a

representation of policy-making positions at such agency held by women

compared to policy-making positions held by men. The secretary of state

shall keep such inventory in a public record available for inspection,

and updated annually on the department of state website.

4. Each agency shall annually on or before January first, submit to

the secretary of state all information required pursuant to this section

in a manner specified by the secretary of state to facilitate the

publication requirements of this section.

5. For the purposes of this section, "persons subjected to section

seventy-three-a of the public officers law and who hold policy-making

decisions" shall include, but not be limited to, a commissioner, a

superintendent, an executive director, and other chief executive

officers, positions appointed by the governor, as well as the

appointments of the aforementioned whose function is essential to the

policy-making processes of such agency, and any other position whose

function is essential to the policy-making processes of such agency.

Accessibility, rules and regulations. 1. The secretary of

state, in consultation with any other state agency he or she deems

necessary, shall promulgate any rules and regulations necessary to

remove the word "handicapped" from any signs or other means of

communication where such word appears.

2. The secretary of state, in consultation with any other state agency

he or she deems necessary, shall promulgate rules and regulations

necessary to require that wherever the current universal symbol of

access of a figure in a wheelchair appears, such symbol shall instead

depict a logo with a dynamic character leaning forward with a sense of

movement. Such logo shall be readily identifiable, simply designed with

no secondary meaning, and provide for equivalent facilitation and

accessibility as the current universal symbol of access. The provisions

of this subdivision shall only apply to any new signs being installed or

replaced on and after the effective date of this section.

Legislative notification of the proposed adoption, amendment,

suspension or repeal of agency rules.

1. Definitions. As used in this section,

a. "Agency" means any state board, bureau, commission, department,

authority, division, or officer authorized by law to make rules.

b. "Rule" means the whole or part of each agency statement of general

applicability or regulation or code that implements or applies law, or

prescribes the procedure or practice requirements of any agency,

including the amendment, suspension or repeal thereof, except such as

relates to the organization or internal management of the agency.

2. Except as provided in subdivision three of this section, at least

sixty days prior to either the adoption of any rule, or, if a public

hearing is required by statute, at least sixty days prior to the first

public hearing on a proposed rule, the agency proposing to take such

action shall send in writing or may transmit electronically in

accordance with article three of the state technology law, a

notification of such proposed action to the temporary president of the

senate and the speaker of the assembly. This notification shall: (a)

refer to the statutory authority under which the action is proposed, (b)

give the time and place of any public hearing that may be scheduled

concerning the proposed action, or state the manner in which data, views

or arguments may be submitted to the agency concerning the proposed

action, (c) contain a copy of the complete text of the proposed rule,

and (d) contain a fiscal statement setting forth the fiscal consequences

of the proposed action on the state and its local governments.

3. If the agency finds that it is necessary for the preservation of

the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section, the agency may dispense

with such requirements and adopt the rule, as an emergency measure.

Within five days of the filing of such emergency measure in the office

of the department of state, the agency taking such action shall send or

transmit, as the case may be, the temporary president of the senate and

the speaker of the assembly a notification containing the information

required by subdivision two of this section; provided, however, such

notification shall also: (a) include a brief statement setting forth the

reasons why the agency finds that it is necessary for the preservation

of the public health, safety or general welfare to dispense with the

requirements of subdivision two of this section and adopt the rule as an

emergency measure, and (b) provide the date the emergency measure will

terminate if the agency does not intend to adopt such measure as a

permanent rule, or indicate that the agency intends to adopt such

measure as a permanent rule, in which case compliance with the

notification requirements of this section shall be deemed satisfied. The

effectiveness of any such emergency measure, unless adopted as a

permanent rule in the manner prescribed by law, shall not exceed ninety

days after the filing of such measure in the office of the department of

state, provided, however, if such emergency measure is readopted prior

to the expiration of such ninety day period such readoption and any

subsequent readoptions shall remain in effect for no longer than sixty

days.

4. The legislature in the joint rules of the senate and assembly may

exempt from the requirements of this section certain rules which have or

would have no significant fiscal implications.

5. This section does not relieve any agency from compliance with any

statute requiring that its rules be filed with or approved by designated

persons or bodies before they become effective.

6. A proceeding to invalidate any rule on the ground of noncompliance

with the procedural requirements of this section must be commenced by

the temporary president of the senate or the speaker of the assembly

within four months from the effective date of the rule. No rule shall be

valid unless adopted in substantial compliance with this section;

provided, however, that the inadvertent failure to give notice as

provided in this section shall not invalidate any rule.

Application by municipal corporations for the suspension of

certain rules.

1. Definitions. As used in this section,

a. "Agency" means any state board, bureau, commission, department,

division or officer authorized by law to adopt rules.

b. "Rule" means the whole or part of each agency statement of general

applicability or regulation or code that implements or applies law,

including the amendment, suspension or repeal thereof.

c. "Municipal corporation" means a county outside the city of New

York, a city, a town, a village or a school district.

d. "Governing body" means:

(1) In a county, a board of supervisors, county legislature or other

body vested by its charter, other law or other valid enactment with

jurisdiction to enact local laws;

(2) In a city, the board of aldermen, a common council, commission or

other body vested by its charter or other law with jurisdiction to enact

ordinances or local laws;

(3) In a town, the town board;

(4) In a village, the board of trustees; and

(5) In a school district, the board of education, board of trustees or

sole trustee.

2. A municipal corporation may, by resolution adopted by its governing

body, apply to the agency which has adopted a rule for the mandatory

suspension of such rule for the balance of the municipal corporation's

current fiscal year, provided the rule was filed in the office of the

secretary of state after the commencement of the municipal corporation's

current fiscal year.

3. Upon the receipt of such an application, the agency which adopted

the rule shall forthwith by order suspend its applicability to the

petitioning municipal corporation for the balance of such corporation's

current fiscal year, unless the agency determines by order, within

thirty days of receipt of such application, that the immediate

implementation of the rule is necessary for public health, safety or

welfare, or that its postponement would be contrary to express provision

of law. A copy of any order issued pursuant to this section shall be

sent to the temporary president of the senate, the speaker of the

assembly and the administrative regulations review commission.

4. This section shall not relieve a municipal corporation from

complying with a rule until such time that the agency which has adopted

the rule shall issue an order pursuant to this section suspending its

applicability to such corporation.

Filing and publication of codes, rules and regulations. 1. a.

No code, rule or regulation shall become effective until it is filed

with the secretary of state, unless a later date is required by statute

or is specified by such code, rule or regulation.

b. Each department, board, bureau, officer, authority, commission or

other agency of the state, authorized by statute to adopt codes, rules

or regulations shall transmit to the secretary of state a certified copy

of every such code, rule and regulation except such as relate solely to

the organization or internal management of such department, board,

bureau, authority, commission or other agency of the state in force at

the time of such transmittal or to become effective thereafter,

certified by the head of such department, board, bureau, authority,

commission or other agency of the state, or if such head is a board or

commission, by the chairman or secretary thereof, together with a

citation of the statutory authority pursuant to which each such code,

rule or regulation was adopted.

c. Any code, rule or regulation which includes in the text thereof any

United States statute, or code, rule or regulation previously published

in the code of federal regulations or in the federal register, or any

previously published data, criteria, standards, specifications,

techniques, illustrations or other information reasonably available to

regulated parties, shall have set forth in its text a precise

identification of such material, including but not limited to:

applicable titles, dates, editions, page numbers, section numbers, and

authors, the names and addresses of the publisher from whom a copy may

be obtained, and the designated office or offices of the adopting agency

at which such material is available for public inspection and copying.

d. No amendment to any material identified pursuant to paragraph c of

this subdivision shall be effective unless adopted in compliance with

the applicable provisions of law and filed with the secretary of state

pursuant to this section.

e. The secretary of state shall promulgate rules establishing

procedure, forms, style and font for submission of every such code, rule

and regulation required to be submitted by this section.

2. Immediately upon adopting any new code, rule or regulation

including any rule as defined in the state administrative procedure act,

or any amendment to or repeal thereof, except such as relate solely to

the organization or internal management of a department, board, bureau,

authority, commission or other agency of the state, the original thereof

shall be filed in the office of the department of state. Attached

thereto shall be a certificate, in a form prescribed by the secretary of

state, citing the statutory authority including particular sections and

subdivisions pursuant to which each such change or new code, rule or

regulation was adopted, the date of adoption, and the date of

publication in the state register of the notice required under the

provisions of the state administrative procedure act as well as the date

and manner of publication of any additional prior notice required under

any other statute. If the action taken shall be exempt from the

provisions of the state administrative procedure act and if no other

statutory notice requirement shall be applicable the certificate shall

so state. Such certificate shall be signed by the head of the

department, board, bureau, authority, commission, or other agency of the

state, or if such head is a board or commission, by the chairman or

secretary thereof, or, in lieu of such signatures, it may be signed by a

person designated by such head or chairman aforementioned, provided such

designation is made in writing, contains therein the signature of the

person designated, and is filed with the department of state. The

secretary of state shall reject any rule submitted for filing in the

event that either the notice required by subdivision five or six of

section two hundred two of the state administrative procedure act, or

the attached certificate, reveals that the rule was not adopted in

substantial compliance with section two hundred two of such act.

3. It shall be the duty of the secretary of state to prepare a master

compilation of all such codes, rules and regulations in such form and

order as he may determine. He shall not, however, change the language of

any existing code, rule or regulation except a title or explanatory

caption; but he shall recommend any such change as he may deem advisable

to the department, board, bureau, officer, authority, commission or

other agency of the state authorized to adopt such code, rule or

regulation. Such master compilation shall include all codes, rules and

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, in effect on the first day of January,

nineteen hundred forty-five, and which he shall certify as a true copy

of the master compilation prepared by him.

4. Publication of all such codes, rules and regulations filed with the

secretary of state pursuant to this section shall be provided in the

following manner:

a. the secretary of state shall make readily available in his office,

for public inspection and copying, the full text of the master

compilation;

b. each agency shall make readily available at a designated office or

offices of the agency, for public inspection and copying, the full text

of all codes, rules and regulations adopted by the agency;

c. at the same time material identified pursuant to paragraph c of

subdivision one of this section is filed with the secretary of state, an

agency shall transmit a copy of all such material except material that

is: (i) a United States statute or a code, rule or regulation published

in the Code of Federal Regulations or in the Federal Register; or (ii)

readily available without charge on the internet to the legislative

library and, within each judicial department of the state, one court law

library designated by the chief administrator of the courts; provided

that for materials readily available on the internet, the agency shall

identify the address at which such materials can be accessed;

d. notwithstanding any provisions of law to the contrary, photocopies

of any codes, rules and regulations shall be available to the public

upon payment of a fee not to exceed twenty-five cents per page; and

e. the secretary of state shall cause such compilation to be printed;

however, he may exclude from such printed compilation any previously

published portion of a rule which is precisely identified in the text

thereof pursuant to paragraph c of subdivision one of this section.

5. The compilation printed pursuant to paragraph e of subdivision four

of this section shall be known as the "official compilation of codes,

rules and regulations of the state of New York" and shall presumptively

establish the codes, rules and regulations of the state of New York,

except such as relate solely to the organization or internal management

of a department, board, bureau, authority, commission or other agency of

the state, in force and effect on the first day of January, nineteen

hundred forty-five. The official supplements to such compilation

published as hereinafter provided shall presumptively establish any

changes in such codes, rules and regulations and any new codes, rules or

regulations except such as relate solely to the organization or internal

management of a department, board, bureau, authority, commission or

other agency of the state, affected by addition, amendment or repeal, or

adopted during the period ending on the thirty-first day of December in

any year immediately preceding the publication of such supplement.

Nothing in such official compilation or any new edition thereof or

official supplement thereto shall be construed as repealing or amending

any code, rule or regulation adopted by any department, board, bureau,

authority, commission or other agency of the state, and in case of any

inconsistency arising through omission or otherwise between the official

compilation and such codes, rules and regulations as filed in the office

of the secretary of state, the latter shall prevail.

Future editions and supplements of official compilations. 1.

In any year the secretary of state may, whenever he shall believe that

the public interest will be served thereby, cause a new edition of such

official compilation or any volume thereof to be published, which

compilation shall be published as soon as practicable, and shall set

forth the codes, rules and regulations except such as relate solely to

the organization or internal management of a department, board, bureau,

authority, commission or other agency of the state on file in the office

of the department of state on the date as of which such new edition is

published.

2. The secretary of state may, whenever he deems it to be necessary,

cause to be published an official supplement to the official

compilation, showing all new and all changes in existing codes, rules

and regulations adopted since the effective date of the codes, rules and

regulations embraced in the latest edition of the official compilation

or since the end of the period covered by the preceding supplement.

3. Any new edition of such compilation published as heretofore

provided, and any supplementation thereof or thereto, shall

presumptively establish that the codes, rules and regulations contained

therein are on file in the department of state, and are effective,

unless otherwise stated, on the date as of which such new edition, or

any volume thereof, or a supplementation thereto, is published.

4. Any code, rule or regulation contained in any new edition of the

official compilation, or any volume thereof, or any supplementation

thereto, shall not be printed in any official supplement published for

any period prior to the date as of which such new edition, volume, or

supplementation is published.

Departmental cooperation. The secretary of state may advise

with the several departments, boards, bureaus, officers, authorities,

commissions and other agencies of the state which are authorized by

statute to issue codes, rules or regulations, to the end that the same

may, so far as possible, be uniform in style and form, be properly

numbered and captioned and be free from matter which is obsolete.

Departmental cooperation regarding water quality. The

secretary of state shall cooperate with the environmental facilities

corporation to establish methods to facilitate loans to eligible

borrowers and to develop educational materials for eligible borrowers

about the low-interest loans available through the water pollution

control linked deposit program, established by article sixteen of the

state finance law, and to develop an application form to be provided to

lenders for linked deposit loan requests. For residential and small

business on-site wastewater treatment systems projects, the department

shall require owners of such systems to submit the results of

inspections of such systems at the time of an application for financial

assistance pursuant to article sixteen of the state finance law. The

department may promulgate rules and regulations necessary and reasonable

for the operation of the program, including but not limited to standards

for the inspection of residential and small business on-site wastewater

treatment systems.

Changes in codes, rules or regulations. Changes in any code,

rule or regulation except such as relates solely to the organization or

internal management of a department, board, bureau, authority,

commission or other agency of the state shall be made by a department,

board, bureau, officer, authority, commission or other agency of the

state only by addition, amendment or repeal. Every resolution or order

affecting such an addition, amendment or repeal shall refer to the

appropriate title and to the appropriate section or paragraph as

published in the official compilation or supplement thereto. In the case

of a proposed new code, rule or regulation except such as relates solely

to the organization or internal management of a department, board,

bureau, authority, commission or other agency of the state for which

there is no appropriate title, the head of such department, board,

bureau, authority, commission or other agency of the state shall confer

with the secretary of state and shall, prior to the adoption of any

resolution establishing such code, rule or regulation, have his approval

in writing of the proposed title, captions and numbers of such code,

rule or regulation and any parts, paragraphs or sections thereof.

Proof of codes, rules and regulations. Any code, rule or

regulation of the state of New York may be read in evidence from the

official compilation or supplement thereto. To entitle any copy of a

code, rule or regulation published, other than those published in such

official compilation or supplement thereto, to be read in evidence there

shall be contained in the same book or pamphlet a printed certificate of

the secretary of state that such copy is a correct transcript of the

text of the code, rule or regulation as published in such official

compilation or supplement thereto. For such a certificate the secretary

of state shall collect such a fee as he shall deem just and reasonable.

Internet access to the New York code, rules and regulations.

The department of state shall post or maintain a link on its website to

an unofficial version of the New York codes, rules, and regulations,

which shall be provided at no cost to the end users. All state agencies

which have adopted rules and regulations shall maintain a link to the

department of state website which contains such link.

Intergovernmental agreements. 1. The secretary of state shall

compile and keep current a list of all interstate compacts and other

intergovernmental agreements between or among states, subdivisions of

this state and other states, or between this state or any subdivision

thereof and the federal government having the force of law to which this

state or any subdivision thereof is party. Such list shall contain the

citations to the statutes or other official documents of this state

containing the text of any such compact or agreement together with a

listing of all other jurisdictions party to the compact or agreement,

the date on which each such jurisdiction entered into participation in

such compact or agreement with this state or subdivision thereof; the

status of each such compact or agreement in respect of withdrawals

therefrom and the citations to any act or resolution of the congress of

the United States, if any, consenting to such compact or agreement. The

list required to be kept pursuant to this subdivision also shall include

compacts and agreements adopted by this state or any subdivision thereof

but not in effect by reason of the absence of such other parties thereto

as may be necessary to make the compact or agreement effective and

binding.

2. In any case where the statutes of this state do not contain the

full text of a compact or agreement to which subdivision one of this

section applies, the secretary of state shall receive a true copy of the

compact or agreement and keep the same on file.

3. Any amendment, supplementary agreement or administrative rule or

regulation having the force of law implementing, adding to or modifying

any such compact or agreement to which this state or a subdivision

thereof is party shall be listed or filed in the same manner as the

compact or agreement itself.

4. The secretary of state shall make the list maintained by him

pursuant to this act and any information contained therein available to

any person upon request, but shall not be required to furnish copies of

any compact or agreement, unless so required by a provision of law or

administrative rule other than this section.

5. The listing and filing requirements of this section shall be in

addition to and not in substitution for any requirements for listing or

filing, publication or distribution contained in particular compacts or

agreements to which this state is or may be a party.

6. Upon receipt by the governor of a formal notice from another state

of such state's withdrawal from an interstate compact to which New York

is party, the governor shall transmit such notice or a copy thereof to

the secretary of state. Any agency or subdivision of this state

administering, participating in or entering into any compact or

agreement shall furnish the secretary of state with all information

necessary to permit such secretary to perform his duties and

responsibilities pursuant to this section.

Address confidentiality program. There is created in the

office of the secretary of state a program to be known as the "address

confidentiality program" to protect victims of domestic violence,

victims of human trafficking, victims of kidnapping, victims of a sexual

offense, victims of stalking, and reproductive health care services

providers, employees, volunteers, patients, or immediate family members

of reproductive health care services providers by authorizing the use of

designated addresses for such victims and their minor children. The

program shall be administered by the secretary of state.

1. Definitions. For the purposes of this section the following words

shall, unless the context requires otherwise, have the following

meanings:

(a) "Victim of domestic violence" shall have the same meaning as is

ascribed to such term by section four hundred fifty-nine-a of the social

services law.

(b) "Actual address" means the residential street address, school

address or work address of an individual, as specified on his or her

application to be a program participant under this section.

(c) "Program participant" means a person certified as a program

participant under this section.

(d) "Mail" means first class letters delivered via the United States

Postal Service, including priority, express and certified mail, and

excluding packages, parcels, periodicals and catalogues, unless they are

clearly identifiable as pharmaceuticals or clearly indicate that they

are sent by a government agency.

(e) "Substitute address" means the secretary's designated address for

the address confidentiality program.

(f) "Secretary" means the secretary of state.

(g) "Public record" means any information kept, held, filed, produced

or reproduced by, with or for an agency, in any physical form whatsoever

including, but not limited to, reports, statements, examinations,

memoranda, opinions, folders, files, books, manuals, pamphlets, forms,

papers, designs, drawings, maps, photos, letters, microfilms, computer

tapes or discs, rules, regulations or codes.

(h) "Process" means judicial process and all orders, demands, notices

or other papers required or permitted by law to be served on a program

participant.

(i) "Victim of a sexual offense" means a victim of any act

constituting an offense as defined under article one hundred thirty,

and/or sections 255.25, 255.26, and 255.27 of the penal law, including

threats or attempts to commit such offenses.

(j) "Victim of stalking" means a victim of any act constituting an

offense as defined under sections 120.45, 120.50, 120.55 and 120.60 of

the penal law.

(k) "Victim of human trafficking" means a victim of any act

constituting an offense as defined under section 135.35, 135.37, 230.34,

or 230.34-a of the penal law.

* (l) "Reproductive health care services provider, employee,

volunteer, or patient" means a person who obtains, provides, or assists,

at the request of another person, in obtaining or providing reproductive

health care services, or a person who owns or operates a reproductive

health care services facility.

* NB There are 2 par (l)'s

* (l) "Victim of kidnapping" means a victim of any act constituting an

offense as defined under sections 135.20 and 135.25 of the penal law.

* NB There are 2 par (l)'s

(m) "Reproductive health care services facility" includes a hospital,

an office operated by a licensed physician and surgeon, a licensed

clinic, or other licensed health care facility that provides

reproductive health care services and includes only the building or

structure in which the reproductive health care services are actually

provided.

(n) "Immediate family member" shall have the same meaning as defined

in subdivision eight of section two hundred thirty-eight of the public

health law.

2. Address confidentiality program; application; certification. (a) An

adult person, a parent or legal guardian acting on behalf of a minor, or

a legal guardian acting on behalf of an incapacitated person, may apply

to the secretary to have an address designated by the secretary to serve

as the person's address or address of the minor or incapacitated person

in lieu of the person's actual address. The secretary shall approve an

application if it is filed in the manner and on the form prescribed by

the secretary, and if it includes:

(i) a signed written statement affirmed by the applicant that:

(A) the applicant, or the minor or incapacitated person on whose

behalf the application is made, is a victim of domestic violence, victim

of human trafficking, victim of kidnapping, victim of a sexual offense,

victim of stalking, or a reproductive health care services provider,

employee, volunteer, patient, or an immediate family member of a

reproductive health care services provider;

(B) the applicant, or the minor or incapacitated person on whose

behalf the application is made, has left his or her residence because of

such violence or acts, provided, however, this clause shall not apply if

the applicant is a reproductive health care services provider, employee,

volunteer, patient, or an immediate family member of a reproductive

health care services provider;

(C) the applicant fears for his or her safety or his or her children's

safety, or the safety of the minor or incapacitated person on whose

behalf the application is made, or, in the case of a reproductive health

care services provider, employee, volunteer, or patient, the applicant

fears for his or her safety or the safety of an immediate family member;

and

(D) the parent or legal guardian applying on behalf of a minor or

incapacitated person has legal authority to act on the person's behalf;

(ii) a designation of the secretary as agent for purposes of service

of process and for the purpose of receipt of mail;

(iii) the mailing address where the applicant can be contacted by the

secretary and the telephone number or numbers where the applicant can be

called by the secretary;

(iv) the actual address or addresses that the applicant requests not

be disclosed because of the increased risk of domestic violence, a

sexual offense, stalking, physical injury or in the case of reproductive

health care services provider, employee, volunteer, patient, or an

immediate family member of a reproductive health care services provider,

other threats of violence; and

(v) the name of any person who resides with the applicant who also

needs to be a program participant in order to ensure the safety of the

applicant and, if the person named in the application is eighteen years

of age or older, the consent of such person to be a program participant

and designation by such person of the secretary as agent for purposes of

service of process and for the purpose of receipt of mail; and

(vi) the signature of the applicant and the name and signature of any

individual or representative of any office designated by the secretary

under subdivision three of this section who assisted in the preparation

of the application, and the date on which the applicant signed the

application.

(b) The secretary shall establish, distribute and make available a

form for the purpose of making applications pursuant to this section.

(c) Applications shall be filed with the office of the secretary.

(d) Upon receipt of a properly completed application, the secretary

shall certify the applicant as a program participant and shall serve as

the participant's agent for service of process and receipt of mail for

the duration of the term of certification.

(e) Participants shall be certified for four years following the date

of filing, unless the certification is withdrawn or cancelled before

that date. The secretary shall promulgate rules and regulations for

renewal of applications pursuant to this section.

3. Designation of agencies to assist applicants. The secretary shall

designate state, local or nonprofit agencies that provide counseling,

referral, shelter or other specialized services to victims of domestic

violence, victims of human trafficking, victims of kidnapping, victims

of a sexual offense, victims of stalking, and reproductive health care

services providers, employees, volunteers, patients, or immediate family

members of reproductive health care services providers to assist persons

applying to be program participants. Such persons providing assistance

shall be trained by the secretary. Any assistance and counseling

rendered by an officer of the secretary or his or her designees to

applicants shall in no way be construed as legal advice.

4. Use and acceptance of substitute address; mail forwarding. (a) A

program participant may request that state and local agencies use the

substitute address. When creating, modifying or maintaining a public

record, state and local agencies shall accept the substitute address

upon demonstration by a program participant of his or her certification

in the program, unless the secretary waives this requirement after

determining that:

(i) the agency has a bona fide statutory or administrative requirement

for the use of the participant's actual address which would otherwise be

confidential under this section; and

(ii) the agency has explained how its acceptance of the substitute

address will prevent the agency from meeting its obligations under the

law and why it cannot meet its statutory or administrative obligation by

a change in its internal procedures.

(b) Any agency receiving a waiver shall maintain the confidentiality

of the program participant's address by redacting the actual address

when the record is released to any person and shall not make the program

participant's actual address available for inspection or copying, except

under the following circumstances:

(i) there is a bona fide statutory or administrative requirement for

the communication of an actual address to another agency that has

received a waiver from the secretary, provided that each waiver

specifically authorizes such communication with the specified agency; or

(ii) if directed by a court order to a person identified in the order.

(c) Upon receipt by the secretary of a process or mail for a

participant, the office of the secretary shall immediately forward all

such process or mail to the appropriate program participants at the

address specified by the participant for that purpose, and shall record

the date of such forwarding. Service of process on a program

participant, a program participant's minor child, incapacitated person

or other adult member of the program participant's household shall be

complete when the secretary receives such process by mail or otherwise.

(d) A program participant may use the substitute address as his or her

work address.

(e) The secretary or any member of the department of state who

reasonably and in good faith handles any process or mail on behalf of a

participant in accordance with this section shall be immune from any

civil liability which might otherwise result by reason of such actions.

5. Cancellation of certification. (a) The secretary may cancel a

program participant's certification if, after the passage of fourteen

days:

(i) from the date of changing his or her name, the program participant

does not notify the secretary that he or she has obtained a name change;

however, the program participant may reapply under his or her new name;

(ii) from the date of changing his or her actual address, the program

participant fails to notify the secretary of the change of such address;

or

(iii) from the date the secretary first receives mail, forwarded to

the program participant's address, returned as non-deliverable.

(b) The secretary shall cancel certification of a program participant

who applies using false information.

(c) The secretary shall cancel certification of a program participant

if the participant's certification term has expired and certification

renewal has not been completed.

(d) The secretary shall send notice of cancellation to the program

participant. Notice of cancellation shall set out the reasons for

cancellation. The program participant shall have thirty days to appeal

the cancellation decision under procedures developed by the secretary.

(e) Program participants may withdraw from the program by giving the

secretary written notice of their withdrawal and his or her current

identification card. The secretary shall establish, by rule, a secure

procedure for ensuring that the request for withdrawal is legitimate.

(f) Any records or documents pertaining to a program participant shall

not be a public record and shall be retained and held confidential for a

period of three years after termination of certification and then

destroyed.

6. Disclosure of participant information prohibited; exceptions. (a)

The secretary shall not make a program participant's information, other

than the substitute address, available for inspection or copying, except

under any of the following circumstances:

(i) if requested by a law enforcement agency for a legitimate law

enforcement purpose as determined by the law enforcement agency; or

(ii) to a person identified in a court order, upon the secretary's

receipt of that court order which specifically orders the disclosure of

a particular program participant's address and the reasons stated

therefor.

(b) The secretary may verify the participation of a specific program

participant, in which case the secretary may only confirm information

supplied by the requester.

7. Rules and regulations. The secretary shall promulgate rules and

regulations necessary to implement the provisions of this section.

8. Report to the legislature. The secretary shall submit to the

legislature, no later than February first of each year, a report that

includes for each county, the total number of applications received, the

total number of persons participating in the program established by this

section during the previous calendar year and the total number of pieces

of mail forwarded to program participants during the previous calendar

year.

Registration of certain service providers. 1. For purposes of

this section:

(a) "Client" shall mean a person or entity who in the preceding

calendar year retained or hired the political consultant relating to

matters before any state or local government agency, authority or

official, including services, advice or consultation relating to any

state or local government contract for real property, goods or services,

an appearance in a ratemaking proceeding, an appearance in a regulatory

matter, or an appearance in a legislative matter other than matters

described in subparagraph (E) of the second undesignated paragraph of

subdivision (c) of section one-c of the legislative law.

(b) "Political consulting services" shall mean services provided by a

political consultant to or on behalf of an elected public official in

New York state or to or on behalf of a candidate for elected office in

New York state, or to or on behalf of a person nominated for elected

public office which services: (1) assist or are intended to assist in a

campaign for nomination for election or election to office in New York

state, including fundraising activities, voter outreach, composition and

distribution of promotional literature, advertisements, or other similar

communications, as set forth in section 14-106 of the election law, or

(2) consist of political advice to an elected public official or

candidate for elected public office in New York state or person

nominated for elected public office; provided, however, that political

consulting services shall not include bona fide legal work directly

related to litigation or legal advice with regard to securing a place on

the ballot, the petitioning process, the conduct of an election, or

which involves the election law.

(c) "Political consultant" shall mean a person who holds himself or

herself out to persons in this state as a person who performs political

consulting services in a professional capacity and who is usually

compensated, excluding reimbursement for expenses, for such services.

2. The secretary of state shall promulgate rules and regulations

prescribing a registration form to be used by any political consultant

who provides political consulting services to a sitting elected public

official, candidate for elected public office or person nominated for

elected public office and who has also been retained by a client for

such services.

3. Such registration form shall identify:

(a) the name, address, and telephone number of the political

consultant;

(b) the name, address, and telephone number of each sitting elected

public official, candidate for elected public office, and person

nominated for elected public office who the political consultant

provided political consulting services to;

(c) the name, address, and telephone number of each client who retains

or hires a political consultant in the preceding calendar year provided,

that in the event the client is an entity, at least one natural person

who has a controlling interest in such entity shall be identified; and

(d) a brief description of the nature of the political consulting

services provided to each identified client.

4. Such registration shall be filed with the department of state and

shall cover a six month reporting period. The reporting period shall

mean the six month period within a calendar year starting January first

and ending June thirtieth or the six month period within a calendar year

starting July first and ending December thirty-first.

5. The secretary of state shall post the completed forms on the

department of state's website within thirty days of the close of each

reporting period.

6. The department of state may impose a civil penalty of up to seven

hundred fifty dollars upon any political consultant who fails to file a

registration required by this section provided, however, that the

secretary shall provide such political consultant a reasonable

opportunity to cure such a failure.

7. The department of state shall adopt, amend and rescind rules and

regulations defining the degree and extent of political consulting

services necessary to require the reporting pursuant to this section.

Administration of certain monies. The secretary or their

designee shall administer monies collected pursuant to section 2-202 of

the village law and appropriations available for the operations of the

village incorporation commission established pursuant to section 2-260

of the village law to ensure that the commission can perform its

statutory functions; and provided further, that the secretary or their

designee shall distribute funds as required pursuant to section 2-236 of

the village law and any relevant appropriations bill.

Appointment of notaries public. 1. The secretary of state may

appoint and commission as many notaries public for the state of New York

as in his or her judgment may be deemed best, whose jurisdiction shall

be co-extensive with the boundaries of the state. The appointment of a

notary public shall be for a term of four years. An application for an

appointment as notary public shall be in form and set forth such matters

as the secretary of state shall prescribe. Every person appointed as

notary public must, at the time of his or her appointment, be a resident

of the state of New York or have an office or place of business in New

York state. A notary public who is a resident of the state and who moves

out of the state but still maintains a place of business or an office in

New York state does not vacate his or her office as a notary public. A

notary public who is a nonresident and who ceases to have an office or

place of business in this state, vacates his or her office as a notary

public. A notary public who is a resident of New York state and moves

out of the state and who does not retain an office or place of business

in this state shall vacate his or her office as a notary public. A

non-resident who accepts the office of notary public in this state

thereby appoints the secretary of state as the person upon whom process

can be served on his or her behalf. Before issuing to any applicant a

commission as notary public, unless he or she be an attorney and

counsellor at law duly admitted to practice in this state or a court

clerk of the unified court system who has been appointed to such

position after taking a civil service promotional examination in the

court clerk series of titles, the secretary of state shall satisfy

himself or herself that the applicant is of good moral character, has

the equivalent of a common school education and is familiar with the

duties and responsibilities of a notary public; provided, however, that

where a notary public applies, before the expiration of his or her term,

for reappointment with the county clerk or where a person whose term as

notary public shall have expired applies within six months thereafter

for reappointment as a notary public with the county clerk, such

qualifying requirements may be waived by the secretary of state, and

further, where an application for reappointment is filed with the county

clerk after the expiration of the aforementioned renewal period by a

person who failed or was unable to re-apply by reason of his or her

induction or enlistment in the armed forces of the United States, such

qualifying requirements may also be waived by the secretary of state,

provided such application for reappointment is made within a period of

one year after the military discharge of the applicant under conditions

other than dishonorable, or if the applicant has a qualifying condition,

as defined in section one of the veterans' services law, within a period

of one year after the applicant has received a discharge other than bad

conduct or dishonorable from such service, or if the applicant is a

discharged LGBT veteran, as defined in section one of the veterans'

services law, within a period of one year after the applicant has

received a discharge other than bad conduct or dishonorable from such

service. In any case, the appointment or reappointment of any applicant

is in the discretion of the secretary of state. The secretary of state

may suspend or remove from office, for misconduct, any notary public

appointed by him or her but no such removal shall be made unless the

person who is sought to be removed shall have been served with a copy of

the charges against him or her and have an opportunity of being heard.

No person shall be appointed as a notary public under this article who

has been convicted, in this state or any other state or territory, of a

crime, unless the secretary makes a finding in conformance with all

applicable statutory requirements, including those contained in article

twenty-three-A of the correction law, that such convictions do not

constitute a bar to appointment.

2. A person regularly admitted to practice as an attorney and

counsellor in the courts of record of this state, whose office for the

practice of law is within the state, may be appointed a notary public

and retain his office as such notary public although he resides in or

removes to an adjoining state. For the purpose of this and the following

sections of this article such person shall be deemed a resident of the

county where he maintains such office.

Procedure of appointment; fees and commissions; fee payment

methods. 1. New appointment. (a) Applicants for a notary public

commission shall submit to the secretary of state with their

application, the oath of office, duly executed before any person

authorized to administer an oath, together with their signature.

(b) Upon being satisfied of the competency and good character of

applicants for appointment as notaries public, the secretary of state

shall issue a commission to such persons; and the official signature of

the applicants and the oath of office filed with such applications shall

take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from applicants for appointment, which fee shall be

submitted together with the application. No further fee shall be paid

for the issuance of the commission.

(d) A notary public identification card indicating the appointee's

name, address, county and commission term shall be transmitted to the

appointee.

(e) The commission, duly dated, and a certified copy or the original

of the oath of office and the official signature, and twenty dollars

apportioned from the application fee shall be transmitted by the

secretary of state to the county clerk of the county in which the

appointee resides by the tenth day of the following month. Transmission

may be accomplished by electronic means that results in a submission of

such records and fees by the secretary of state to the county clerk. For

purposes of this section, "electronic" shall have the same meaning as

set forth in section three hundred two of the state technology law.

(f) The county clerk shall make a proper index of commissions and

official signatures transmitted to that office by the secretary of state

pursuant to the provisions of this section.

2. Reappointment. (a) Applicants for reappointment of a notary public

commission shall submit to the secretary of state with their application

the oath of office, duly executed before any person authorized to

administer an oath, together with their signature.

(b) Upon being satisfied of the completeness of the application for

reappointment, the secretary of state shall issue a commission to such

persons; and the official signature of the applicants and the oath of

office filed with such applications shall take effect.

(c) The secretary of state shall receive a non-refundable application

fee of sixty dollars from each applicant for reappointment, which fee

shall be submitted together with the application. No further fee shall

be paid for the issuance of the commission.

(d) The commission, duly dated, and a certified or original copy of

the oath of office and the official signature, and twenty dollars

apportioned from the application fee plus interest as may be required by

statute shall be transmitted by the secretary of state to the county

clerk of the county in which the appointee resides by the tenth day of

the following month. Transmission may be accomplished by electronic

means that results in a submission of such records and fees by the

secretary of state to the county clerk.

(e) The county clerk shall make a proper record of commissions

transmitted to that office by the secretary of state pursuant to the

provisions of this section.

3. Electronic notarization. (a) After registration of the capability

to perform electronic notarial acts pursuant to section one hundred

thirty-five-c of this article, the secretary of state shall transmit to

the county clerk the exemplar of the notary public's electronic

signature and any change in commission number or expiration date of the

notary public's commission. Transmission may be accomplished by

electronic means.

(b) Registration of the capability to perform electronic notarizations

shall be treated as a new appointment by the secretary of state.

4. Fees. (a) Except for changes made in an application for

reappointment, the secretary of state shall receive a non-refundable fee

of ten dollars for changing the name or address of a notary public.

(b) The secretary of state may issue a duplicate identification card

to a notary public for one lost, destroyed or damaged upon application

therefor on a form prescribed by the secretary of state and upon payment

of a non-refundable fee of ten dollars. Each such duplicate

identification card shall have the word "duplicate" stamped across the

face thereof, and shall bear the same number as the one it replaces.

(c) The secretary of state shall accept payment for any fee relating

to appointment or reappointment as a notary in the form of cash, money

order, certified check, company check, bank check or personal check. The

secretary of state may provide for accepting payment of any such fee due

by credit or debit card, which may include payment through the internet.

Certificates of official character of notaries public. The

secretary of state or the county clerk of the county in which the

commission of a notary public is filed may certify to the official

character of such notary public and any notary public may file their

autograph signature and a certificate of official character in the

office of any county clerk of any county in the state and in any

register's office in any county having a register and thereafter such

county clerk may certify as to the official character of such notary

public. The secretary of state shall collect for each certificate of

official character issued the sum of one dollar. The county clerk and

register of any county with whom a certificate of official character has

been filed shall collect for filing the same the sum of ten dollars. For

each certificate of official character issued, with seal attached, by

any county clerk, the sum of five dollars shall be collected.

Certification of notarial signatures. The county clerk of a

county in whose office any notary public has qualified or has filed

their autograph signature and a certificate of official character,

shall, when so requested and upon payment of a fee of three dollars,

affix to any certificate of proof or acknowledgment or oath signed by

such notary anywhere in the state of New York, a certificate under their

hand and seal, stating that a commission or a certificate of official

character of such notary with their autograph signature has been filed

in the county clerk's office, and that the county clerk was at the time

of taking such proof or acknowledgment or oath duly authorized to take

the same; that the county clerk is well acquainted with the handwriting

of such notary public or has compared the signature on the certificate

of proof or acknowledgment or oath with the autograph signature

deposited in their office by such notary public and believes that the

signature is genuine. An instrument with such certificate of

authentication of the county clerk affixed thereto shall be entitled to

be read in evidence or to be recorded in any of the counties of this

state in respect to which a certificate of a county clerk may be

necessary for either purpose. In addition to the foregoing powers, a

county clerk of a county in whose office a notary public has qualified

may certify the signature of an electronic notary public, registered

with the secretary of state pursuant to section one hundred

thirty-five-c of this article, provided such county clerk has received

from the secretary of state, an exemplar of the notary public's

registered electronic signature.

Signature and seal of county clerk. The signature and seal of a

county clerk, upon a certificate of official character of a notary

public or the signature of a county clerk upon a certificate of

authentication of the signature and acts of a notary public or

commissioner of deeds, may be a facsimile, printed, stamped,

photographed or engraved thereon.

Powers and duties; in general; of notaries public who are

attorneys at law. Every notary public duly qualified is hereby

authorized and empowered within and throughout the state to administer

oaths and affirmations, to take affidavits and depositions, to receive

and certify acknowledgments or proof of deeds, mortgages and powers of

attorney and other instruments in writing; to demand acceptance or

payment of foreign and inland bills of exchange, promissory notes and

obligations in writing, and to protest the same for non-acceptance or

non-payment, as the case may require, and, for use in another

jurisdiction, to exercise such other powers and duties as by the laws of

nations and according to commercial usage, or by the laws of any other

government or country may be exercised and performed by notaries public,

provided that when exercising such powers he shall set forth the name of

such other jurisdiction.

A notary public who is an attorney at law regularly admitted to

practice in this state may, in his discretion, administer an oath or

affirmation to or take the affidavit or acknowledgment of his client in

respect of any matter, claim, action or proceeding.

For any misconduct by a notary public in the performance of any of his

powers such notary public shall be liable to the parties injured for all

damages sustained by them. A notary public shall not, directly or

indirectly, demand or receive for the protest for the non-payment of any

note, or for the non-acceptance or non-payment of any bill of exchange,

check or draft and giving the requisite notices and certificates of such

protest, including his notarial seal, if affixed thereto, any greater

fee or reward than seventy-five cents for such protest, and ten cents

for each notice, not exceeding five, on any bill or note. Every notary

public having a seal shall, except as otherwise provided, and when

requested, affix his seal to such protest free of expense.

Notary public or commissioner of deeds; acting without

appointment; fraud in office. 1. Any person who holds himself out to the

public as being entitled to act as a notary public or commissioner of

deeds, or who assumes, uses or advertises the title of notary public or

commissioner of deeds, or equivalent terms in any language, in such a

manner as to convey the impression that he is a notary public or

commissioner of deeds without having first been appointed as notary

public or commissioner of deeds, or

2. A notary public or commissioner of deeds, who in the exercise of

the powers, or in the performance of the duties of such office shall

practice any fraud or deceit, the punishment for which is not otherwise

provided for by this act, shall be guilty of a misdemeanor.

Advertising by notaries public. 1. The provisions of this

section shall not apply to attorneys-at-law, admitted to practice in the

state of New York.

2. A notary public who advertises his or her services as a notary

public in a language other than English shall post with such

advertisement a notice in such other language the following statement:

"I am not an attorney licensed to practice law and may not give legal

advice about immigration or any other legal matter or accept fees for

legal advice."

3. A notary public shall not use terms in a foreign language in any

advertisement for his or her services as a notary public that mean or

imply that the notary public is an attorney licensed to practice in the

state of New York or in any jurisdiction of the United States. The

secretary shall designate by rule or regulation the terms in a foreign

language that shall be deemed to mean or imply that a notary public is

licensed to practice law in the state of New York and the use of which

shall be prohibited by notary publics who are subject to this section.

4. For purposes of this section, "advertisement" shall mean and

include material designed to give notice of or to promote or describe

the services offered by a notary public for profit and shall include

business cards, brochures, and notices, whether in print or electronic

form.

5. Any person who violates any provision of this section or any rule

or regulation promulgated by the secretary may be liable for civil

penalty of up to one thousand dollars. The secretary of state may

suspend a notary public upon a second violation of any of the provisions

of this section and may remove from office a notary public upon a third

violation of any of the provisions of this section, provided that the

notary public shall have been served with a copy of the charges against

him or her and been given an opportunity to be heard. The civil penalty

provided for by this subdivision shall be recoverable in an action

instituted by the attorney general on his or her own initiative or at

the request of the secretary.

6. The secretary may promulgate rules and regulations governing the

provisions of this section, including the size and type of statements

that a notary public is required by this section to post.

Electronic notarization. 1. Definitions. (a) "Communication

technology" means an electronic device or process that: (i) allows a

notary public and a remotely located individual to communicate with each

other simultaneously by sight and sound; and (ii) when necessary and

consistent with other applicable law, facilitates communication with a

remotely located individual who has a vision, hearing, or speech

impairment.

(b) "Electronic" shall have the same meaning as set forth in

subdivision one of section three hundred two of the state technology

law.

(c) "Electronic record" means information that is created, generated,

sent, communicated, received or stored by electronic means.

(d) "Electronic notarial act" means an official act by a notary

public, physically present in the state of New York, on or involving an

electronic record and using means authorized by the secretary of state.

(e) "Electronic notary public" or "electronic notary" means a notary

public who has registered with the secretary of state the capability of

performing electronic notarial acts.

(f) "Electronic signature" shall have the same meaning as set forth in

subdivision three of section three hundred two of the state technology

law.

(g) "Principal" means an individual:

(i) whose signature is reflected on a record that is notarized;

(ii) who has taken an oath or affirmation administered by a notary

public; or

(iii) whose signature is reflected on a record that is notarized after

the individual has taken an oath or affirmation administered by a notary

public.

(h) "Record" means information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is retrievable in

perceivable form.

2. Any notary public qualified under this article is hereby authorized

to perform an electronic notarial act by utilizing audio-video

communication technology that allows the notary public to interact with

a principal, provided that all conditions of this section are met.

(a) The methods for identifying document signers for an electronic

notarization shall be the same as the methods required for a paper-based

notarization; provided, however, an electronic notarial act conducted

utilizing communication technology shall meet the standards which have

been approved through regulation by the secretary of state as

acceptable. Such regulations shall include, but not be limited to:

(i) that the signal transmission shall be secure from interception

through lawful means by anyone other than the persons communicating;

(ii) that the communication technology shall permit the notary public

to communicate with the principal live, in real time;

(iii) that the communication technology shall permit the notary to

communicate with and identify the remotely located individual at the

time of the notarial act; and

(iv) a standard that requires two or more different processes for

authenticating the identity of a remotely located individual utilizing

technology to detect and deter fraud, but which may allow a notary

public's personal knowledge of a document signer to satisfy such

requirement.

(b) If video and audio conference technology has been used to

ascertain a document signer's identity, the electronic notary shall keep

a copy of the recording of the video and audio conference and a notation

of the type of any other identification used. The recording shall be

maintained for a period of at least ten years from the date of

transaction.

3. Registration requirements. (a) Before performing any electronic

notarial act or acts, a notary public shall register the capability to

notarize electronically with the secretary of state on a form prescribed

by the secretary of state and upon payment of a fee which shall be set

by regulation.

(b) In registering the capability to perform electronic notarial acts,

the notary public shall provide the following information to the

secretary of state, notary processing unit:

(i) the applicant's name as currently commissioned and complete

mailing address;

(ii) the expiration date of the notary public's commission and

signature of the commissioned notary public;

(iii) the applicant's e-mail address;

(iv) the description of the electronic technology or technologies to

be used in attaching the notary public's electronic signature to the

electronic record; and

(v) an exemplar of the notary public's electronic signature, which

shall contain the notary public's name and any necessary instructions or

techniques that allow the notary public's electronic signature to be

read.

4. Types of electronic notarial acts. (a) Any notarial act authorized

by section one hundred thirty-five of this article may be performed

electronically as prescribed by this section if: (i) for execution of

any instrument in writing, under applicable law that document may be

signed with an electronic signature and the notary public is reasonably

able to confirm that such instrument is the same instrument in which the

principal made a statement or on which the principal executed a

signature; and (ii) the electronic notary public is located within the

state of New York at the time of the performance of an electronic

notarial act using communication technology, regardless of the location

of the document signer. If the principal is outside the United States,

the record or subject of the notarial act:

(1) is to be filed with or relates to a matter before a public

official or court, governmental entity, or other entity subject to the

jurisdiction of the United States; or

(2) shall involve property located in the territorial jurisdiction of

the United States or shall involve a transaction substantially connected

with the United States.

(b) An electronic notarial act performed using communication

technology pursuant to this section satisfies any requirement of law of

this state that a document signer personally appear before, be in the

presence of, or be in a single time and place with a notary public at

the time of the performance of the notarial act.

5. Form and manner of performing the electronic notarial act. (a) When

performing an electronic notarial act relating to execution of

instruments in writing, a notary public shall apply an electronic

signature, which shall be attached to the electronic record such that

removal or alteration of such electronic signature is detectable and

will render evidence of alteration of the document containing the notary

signature which may invalidate the electronic notarial act.

(b) The notary public's electronic signature is deemed to be reliable

if the standards which have been approved through regulation by the

secretary of state have been met. Such regulations shall include, but

not be limited to, the requirements that such electronic signature be:

(i) unique to the notary public;

(ii) capable of independent verification;

(iii) retained under the notary public's sole control;

(iv) attached to the electronic record; and

(v) linked to the data in such a manner that any subsequent

alterations to the underlying document are detectable and may invalidate

the electronic notarial act.

(c) The notary public's electronic signature shall be used only for

the purpose of performing electronic notarial acts.

(d) The remote online notarial certificate for an electronic notarial

act shall state that the person making the acknowledgement or making the

oath appeared through use of communication technology.

(e) The secretary shall adopt rules necessary to establish standards,

procedures, practices, forms, and records relating to a notary public's

electronic signature. The notary public's electronic signature shall

conform to any standards adopted by the secretary.

6. Recording of an electronic record. (a) If otherwise required by law

as a condition for recording that a document be an original document,

printed on paper or another tangible medium, or be in writing, the

requirement is satisfied by paper copy of an electronic record that

complies with the requirements of this section.

(b) If otherwise required by law as a condition for recording, that a

document be signed, the requirement may be satisfied by an electronic

signature.

(c) A requirement that a document or a signature associated with a

document be notarized, acknowledged, verified, witnessed, or made under

oath is satisfied if the electronic signature of the person authorized

to perform that act, and all other information required to be included,

is attached to or logically associated with the document or signature. A

physical or electronic image of a stamp, impression, or seal need not

accompany an electronic signature if the notary has attached an

electronic notarial certificate that meets the requirements of this

section.

(d) (i) A notary public may certify that a tangible copy of the

signature page and document type of an electronic record notarized by

such notary public is an accurate copy of such electronic record. Such

certification must (1) be dated and signed by the notary public in the

same manner as the official signature of the notary public provided to

the secretary of state pursuant to section one hundred thirty-one of

this article, and (2) comply with section one hundred thirty-seven of

this article.

(ii) A county clerk, city registrar, or other recording officer where

applicable shall accept for recording a tangible copy of an electronic

record and that is otherwise eligible to be recorded under the laws of

this state if the record has been certified by a notary public or other

individual authorized to perform a notarial act.

(iii) A certification in substantially the following form is

sufficient for the purposes of this subdivision:

CERTIFICATE OF AUTHENTICITY

State of New York )

) ss.:

County of ...............)

On this ...... day of ...... in the year ....., I certify that the

signature page of the attached record (entitled ......) (dated ......)

is a true and correct copy of the signatures affixed to an electronic

record printed by me or under my supervision. I further certify that, at

the time of printing, no security features present on the electronic

record indicated any changes or errors in an electronic signature in the

electronic record after its creation or execution.

(Signature and title of notary public)

(official stamp or registration number, with the expiration

date of the notary public's commission)

7. Change of e-mail address. Within five days after the change of an

electronic notary public's e-mail address, the notary public shall

electronically transmit to the secretary of state a notice of the

change, signed with the notary public's official electronic signature.

8. No notary public or business employing the services of a notary

public operating in the state of New York shall exclusively require

notarial transactions to utilize electronic notarization.

9. Nothing in this section shall be construed as requiring any notary

public to perform a notarial act using electronic communication

technology. A notary public may refuse to perform such a notarial act if

the notary public is not satisfied that (a) the principal is competent

or has the capacity to execute a record, or (b) the principal's

signature is knowingly and voluntarily made.

10. Notwithstanding article nine of the real property law or any other

law to the contrary, any act performed in conformity with this section

shall satisfy any requirements at law that a principal personally appear

before, be in the presence of, or be in a single time and place with a

notary public at the time of the performance of the notarial act, unless

a law expressly excludes the authorization provided for in this section.

Notarial fees. A notary public shall be entitled to the

following fees:

1. For administering an oath or affirmation, and certifying the same

when required, except where another fee is specifically prescribed by

statute, two dollars.

2. For taking and certifying the acknowledgment or proof of execution

of a written instrument, by one person, two dollars, and by each

additional person, two dollars, for swearing each witness thereto, two

dollars.

3. For electronic notarial services, established in section one

hundred thirty-five-c of this chapter, a fee set through regulation by

the secretary of state.

Statement as to authority of notaries public. In exercising

powers pursuant to this article, a notary public, in addition to the

venue of the act and signature of such notary public, shall print,

typewrite, stamp, or affix by electronic means where performing an

electronic notarial act in conformity with section one hundred

thirty-five-c of the executive law, beneath their signature in black

ink, the notary public's name, the words "Notary Public State of New

York," the name of the county in which such notary public originally

qualified, and the expiration date of such notary public's commission

and, in addition, wherever required, a notary public shall also include

the name of any county in which such notary public's certificate of

official character is filed, using the words "Certificate filed

........... County." A notary public who is duly licensed as an attorney

and counsellor at law in this state may substitute the words "Attorney

and Counsellor at Law" for the words "Notary Public." A notary public

who has qualified or who has filed a certificate of official character

in the office of the clerk in a county or counties within the city of

New York must also affix to each instrument such notary public's

official number or numbers in black ink, as assigned by the clerk or

clerks of such county or counties at the time such notary qualified in

such county or counties and, if the instrument is to be recorded in an

office of the register of the city of New York in any county within such

city and the notary has been given a number or numbers by such register

or his predecessors in any county or counties, when the notary public's

autographed signature and certificate are filed in such office or

offices pursuant to this chapter, the notary public shall also affix

such number or numbers. No official act of such notary public shall be

held invalid on account of the failure to comply with these provisions.

If any notary public shall willfully fail to comply with any of the

provisions of this section, the notary public shall be subject to

disciplinary action by the secretary of state. In all the courts within

this state the certificate of a notary public, over the signature of the

notary public, shall be received as presumptive evidence of the facts

contained in such certificate; provided, that any person interested as a

party to a suit may contradict, by other evidence, the certificate of a

notary public.

Powers of notaries public or other officers who are

stockholders, directors, officers or employees of a corporation. A

notary public, justice of the supreme court, a judge, clerk, deputy

clerk, or special deputy clerk of a court, an official examiner of

title, or the mayor or recorder of a city, a justice of the peace,

surrogate, special surrogate, special county judge, or commissioner of

deeds, who is a stockholder, director, officer or employee of a

corporation may take the acknowledgment or proof of any party to a

written instrument executed to or by such corporation, or administer an

oath to any other stockholder, director, officer, employee or agent of

such corporation, and such notary public may protest for non-acceptance

or non-payment, bills of exchange, drafts, checks, notes and other

negotiable instruments owned or held for collection by such corporation;

but none of the officers above named shall take the acknowledgment or

proof of a written instrument by or to a corporation of which he is a

stockholder, director, officer or employee, if such officer taking such

acknowledgment or proof be a party executing such instrument, either

individually or as representative of such corporation, nor shall a

notary public protest any negotiable instruments owned or held for

collection by such corporation, if such notary public be individually a

party to such instrument, or have a financial interest in the subject of

same. All such acknowledgments or proofs of deeds, mortgages or other

written instruments, relating to real property heretofore taken before

any of the officers aforesaid are confirmed. This act shall not affect

any action or legal proceeding now pending.

Commissioners of deeds within the state. 1. Commissioners of

deeds in the cities of this state shall be appointed by the common

councils of such cities respectively, and shall hold office for the term

of two years from the date of their appointment, and until others are

appointed in their places. A vacancy occurring during the term for which

any commissioner shall be appointed, shall be filled by the common

council. The common council of the several cities of this state, except

in cities of this state situate in a county which has a population of

not less than one hundred and eighty thousand, and not more than six

hundred and fifty thousand, according to the last state or federal

enumeration, shall at the end of every even numbered year, by resolution

of the board, determine the number of commissioners of deeds to be

appointed for such cities respectively.

2. The term of office of each commissioner of deeds appointed by the

common council in cities of this state situate in a county which has a

population of not less than one hundred and eighty thousand, and not

more than six hundred and fifty thousand, according to the last state or

federal enumeration, shall expire on the thirty-first of December of the

even numbered year next after he shall be appointed. The common council

of any such city shall in the month of November in every even numbered

year, by resolution, determine the number of commissioners of deeds to

be appointed in such cities, respectively, for the next succeeding two

years.

3. Any person who resides in or maintains an office or other place of

business in any such city and who resides in the county in which said

city is situated shall be eligible to appointment. Such commissioners of

deeds may be appointed by the common council by resolution, and the city

clerk shall immediately after such appointment, file a certificate

thereof with the county clerk of the county in which such city is

situate, specifying the term for which the said commissioners of deeds

shall have been appointed; the county clerk shall thereupon notify such

persons of their appointment, and such persons so appointed shall

qualify by filing with him his oath of office, duly executed before such

county clerk or before any person authorized to administer an oath,

together with his official signature, within thirty days from the date

of such notice.

4. The county clerk shall make a proper index of certificates of

appointment and official signatures filed with him. For filing and

indexing the certificate of appointment and official signature, the

county clerk shall be paid a fee of one dollar by the appointee, which

fee shall include the administration of the oath by the county clerk,

should he administer the same.

5. If a person appointed commissioner of deeds shall not file his oath

of office as such commissioner of deeds, in the office of the clerk of

the county of his residence, within thirty days after the notice of his

appointment as above provided, his appointment is deemed revoked and the

fee filed with his application forfeited.

6. A commissioner of deeds may file his autograph signature and

certificate of appointment in the office of any county clerk, and the

county clerk of the county in which such city is located, upon request

of any commissioner appointed under the provisions of this section and

upon payment of twenty-five cents for each certificate, must make and

deliver to such commissioner such number of certificates as may be

required. Such certificates shall be issued under the hand and seal of

the county clerk of the county in which such city is located, showing

the appointment and term of office of such commissioner and stating the

county in which he resides. Such a certificate may be filed in the

office of any county clerk upon the payment of one dollar for such

filing in each office. The clerks of the counties outside the city of

New York, shall each keep a book or card index file in which shall be

registered the signature of the commissioners so filing such

certificates.

7. The county clerk of the county in which said city is located shall,

upon demand and upon payment of the sum of fifty cents, authenticate a

certificate of acknowledgment or proof of oath taken before such

commissioner of deeds within such city, by subjoining or attaching to

the original certificate of acknowledgment or proof of oath a

certificate under his hand and official seal specifying that at the time

of taking the acknowledgment or proof of oath the officer taking it was

duly authorized to take the same; that the authenticating officer is

acquainted with the former's handwriting, or has compared the signature

on the certificate of acknowledgment or proof of oath with the autograph

signature deposited in his office by such officer, and that he verily

believes the signature is genuine.

8. Any instrument or paper sworn to, proved or acknowledged before a

commissioner of deeds within a city and authenticated as hereinbefore

provided by the clerk of a county within which such city is located

shall be recorded and read in evidence in any county in this state

without further proof; provided, however, that a county clerk's

certificate of authentication shall not be necessary to entitle any deed

or other instrument or paper so proved or acknowledged to be recorded in

any office where such commissioner has filed his autograph signature and

certificate of appointment or to be read in evidence in any county in

which such commissioner has filed with the county clerk his autograph

signature and certificate of appointment, as herein provided.

9. The foregoing provisions of this section shall not apply in the

city of New York.

Commissioners of deeds in the city of New York. 1. The council

of the city of New York is hereby authorized and is empowered to appoint

commissioners of deeds in such city from time to time, who shall hold

their offices for two years from the date of their appointment.

2. No person shall be appointed a commissioner of deeds except an

attorney-at-law unless such person shall have submitted with his

application proof of his ability to perform the duties of the office.

Applicants serving clerkships in the offices of attorneys, and whose

clerkship certificate is on file with the proper officials, shall submit

an affidavit to that effect. Other employees of attorneys shall submit

an affidavit sworn to by a member of the firm of such attorneys that the

applicant is a proper and competent person to perform the duties of a

commissioner of deeds. Every other applicant shall furnish a certificate

of the city clerk of such city stating that he has examined the

applicant and believes such applicant to be competent to perform the

duties of a commissioner of deeds; provided, however, that where a

commissioner of deeds applies, before the expiration of his term, for a

reappointment or where a person whose term as commissioner of deeds

shall have expired applies within six months after such expiration for

appointment as a commissioner of deeds, such examination shall not be

required. Upon any such application for such renewal the city clerk

shall furnish the applicant with a certificate stating that the

applicant has theretofore qualified for appointment and indicate the

date of the applicant's original appointment thereon. The fee for

issuing each such certificate shall be fifty cents.

3. Such appointment shall not require the approval of the mayor, and

hereafter, at the time of subscribing or filing the oath of office, the

city clerk shall collect from each person appointed a commissioner of

deeds the sum of twenty-five dollars, and he shall not administer or

file such oath unless such fee has been paid.

4. The city clerk shall designate a commissioner of deeds clerk, whose

duties shall be to enter the names of commissioners of deeds appointed

in a book kept for that purpose, make out certificates of appointment

and discharge such other duties as the city clerk may designate.

5. Any person hereafter appointed to the office of commissioner of

deeds in and for the city of New York by the council, before entering

upon the discharge of the duties of such office and within thirty days

after such appointment, shall take and subscribe before the commissioner

of deeds clerk in the office of the city clerk or before any person

authorized to administer oaths the following oath of office: that the

applicant is a citizen of the United States, and a resident of the state

of New York, the city of New York and the county of (naming the county);

that he will support the constitution of the United States and the

constitution of the state of New York and faithfully discharge the

duties of the office of commissioner of deeds. A person regularly

admitted to practice as an attorney and counsellor in the courts of

record of this state, whose office for the practice of law is within the

city of New York, may be appointed a commissioner of deeds in and for

the city of New York and may retain his office as such commissioner of

deeds although he resides in or removes to another city in this state or

to an adjoining state. For the purposes of this and the following

sections of this article such person shall be deemed a resident of the

county where he maintains such office.

5-a. A person regularly admitted to practice as an attorney and

counsellor in the courts of record of this state, whose office for the

practice of law is within the city of New York, may be appointed a

commissioner of deeds in and for the city of New York and may retain his

office as such commissioner of deeds although he resides in or removes

to any other county in this state or to an adjoining state. For the

purposes of this article such person shall be deemed a resident of the

county where he maintains such office.

6. Any commissioner of deeds who may remove from the city of New York

during his term of office vacates his office and is hereby required to

notify the city clerk of such removal, and immediately upon the receipt

of such notice of removal the city clerk shall cause the name of such

commissioner to be stricken from the roll of commissioners of deeds of

the city.

7. Any person appointed to the office of commissioner of deeds under

the provisions of this section, upon qualifying as above provided, may

administer oaths and take acknowledgments or proofs of deeds and other

instruments in any part of the city of New York.

8. A commissioner of deeds may file his autograph signature and

certificate of appointment in the office of any county clerk in the

city; and the city clerk, upon request of any commissioner appointed

under the provisions of this section and upon payment of twenty-five

cents for each certificate, must make and deliver to such commissioner

such number of certificates as such commissioner may require. Such

certificates shall be issued under the hand and official seal of the

city clerk, showing the appointment and term of office of such

commissioner and stating the county in which he resides, which

certificates may be filed in the office of the several county clerks in

the city upon payment of one dollar in each office for filing.

9. The clerks of the counties of New York, Kings, Queens, Richmond and

Bronx shall each keep a book or card index file in which shall be

registered the signature of the commissioners so filing such

certificates; and the county clerk of any county in the city with whom

such commissioner has filed a certificate of appointment shall, upon

demand and upon payment of the sum of fifty cents, authenticate a

certificate of acknowledgment or proof of oath taken before such

commissioner of deeds, without regard to the county in the city in which

such acknowlgment or proof was taken or oath administered, by subjoining

or attaching to the original certificate of acknowledgment or proof or

oath a certificate under his hand and official seal specifying that at

the time of taking the acknowledgment or proof or oath the officer

taking it was duly authorized to take the same; that the authenticating

officer is acquainted with the former's handwriting, or has compared the

signature on the certificate of acknowledgment, proof or oath with the

autograph signature deposited in his office by such officer, and that he

verily believes the signature is genuine.

10. Any instrument or paper sworn to, proved or acknowledged before a

commissioner of deeds within the city of New York and authenticated as

hereinbefore provided by the clerk of any county within the city with

whom such commissioner has filed his autograph signature and certificate

of appointment shall be recorded and read in evidence in any county in

this state without further proof; provided, however, that a county

clerk's certificate of authentication shall not be necessary to entitle

any deed or other instrument or paper so proved or acknowledged to be

recorded or read in evidence in any office of the county clerks within

the city of New York or the office of the register of the city of New

York.

11. A commissioner of deeds must affix, in black ink, to each

instrument sworn to, acknowledged or proved, in addition to his

signature, the date when his term expires and his official number as

given to him by the city clerk, and must print, typewrite or stamp his

name in black ink beneath his signature.

12. The mayor of the city of New York may remove any commissioner of

deeds appointed under the provisions of this section for cause shown;

but no such commissioner shall be removed until charges have been duly

made against him to the mayor and the commissioner shall have had an

opportunity to answer the same. At any proceedings held before the mayor

for the removal of such commissioner of deeds the mayor shall have power

to subpoena witnesses and to compel the attendance of the same, and to

administer oaths, and to compel the production of books and papers, and

upon the termination of such proceedings shall make his decision thereon

in writing, and cause the same to be filed in the office of the city

clerk of the city of New York, provided, however, that the mayor may,

whenever a hearing is granted by him on complaint against a commissioner

of deeds, designate an assistant corporation counsel to preside who

shall have power to subpoena witnesses and to compel the attendance of

the same, administer oaths, compel the production of books and papers

and receive exhibits; such assistant shall, upon the termination of such

proceedings, certify a copy of the stenographer's minutes of such

hearing and such exhibits as may be received in evidence, together with

his recommendations on the issues presented, whereupon the mayor shall

render a decision on all matters presented on such hearing.

13. In case such commissioner shall be removed from office the city

clerk, immediately upon the receipt by him of the order of removal

signed by the mayor, shall cause the name of such commissioner so

removed to be stricken from the roll of commissioners of deeds of the

city.

14. No person who has been removed from office as a commissioner of

deeds for the city of New York, as hereinbefore provided, shall

thereafter be eligible again to be appointed as such commissioner nor,

shall he be eligible thereafter to appointment to the office of notary

public.

15. Any person who has been removed from office as aforesaid, who

shall, after knowledge of such removal, sign or execute any instrument

as a commissioner of deeds or notary public shall be deemed guilty of a

misdemeanor.

16. In case of the removal for cause, or removal from the city or

resignation of a commissioner of deeds, the city clerk shall immediately

notify each county clerk and the register of the city of New York of

such removal or resignation.

Commissioners of deeds in other states, territories and foreign

countries. The secretary of state may, in his discretion, appoint and

commission in any other state, territory or dependency, or in any

foreign country, such number of commissioners of deeds as he may think

proper, each of whom shall be a resident of or have his place of

business in the city, county, municipality or other political

subdivision from which chosen, and shall hold office for the term of

four years, unless such appointment shall be sooner revoked by the

secretary of state, who shall have power to revoke the same. A person

applying for appointment as a commissioner of deeds shall state in his

application the city, county, municipality or other political

subdivision for which he desires to be appointed, and shall enclose with

his application the sum of twenty-five dollars, which sum, if a

commission shall be granted, shall be paid by the secretary of state

into the state treasury, and if such commission shall not be granted,

then the same shall be returned to the person making the application.

Each commissioner, before performing any of the duties or exercising any

of the powers of his office, shall take the constitutional oath of

office, if appointed for a city or county within the United States,

before a justice of the peace or some other magistrate in such city or

county; and if for a territory or dependency, before a judge of a court

of record in such territory or dependency; and if for a city,

municipality or other political subdivision in a foreign country, before

a person authorized by the laws of this state to administer an oath in

such country, or before a clerk or judge of a court of record in such

foreign country; and shall cause to be prepared an official seal on

which shall be designated his name, the words, "commissioner of deeds

for the state of New York," and the name of the city or county, and the

state, country, municipality or other political subdivision from which

appointed, and shall file a clear impression of such seal, his written

signature and his oath certified by the officer before whom it was

taken, in the office of the department of state. The secretary of state

upon receipt of such impression, signature and oath, shall forward to

such commissioner instructions and forms, and a copy of the appropriate

sections of this chapter.

Powers of such commissioners. Every such commissioner shall

have authority, within the city, county, municipality or other political

subdivision for which he is appointed, and in the manner in which such

acts are performed by authorized officers within the state:

1. To take the acknowledgment or proof of the execution of a written

instrument, except a bill of exchange, promissory note or will, to be

read in evidence or recorded in this state.

2. To administer oaths.

3. If such commissioner is also an attorney at law regularly admitted

to practice in this state, in his discretion, to the extent authorized

by this section, to administer an oath to or take the acknowledgment of

or proof of the execution of an instrument by his client with respect to

any matter, claim, action or proceeding.

4. If appointed for a foreign country, to certify to the existence of

a patent, record or other document recorded in a public office or under

official custody in such foreign country, and to the correctness of a

copy of such patent, record or document, or to the correctness of a copy

of a certified copy of such patent, record or other document, which has

been certified according to the form in use in such foreign country.

5. A written instrument acknowledged or proved, an oath administered,

or a copy or a copy of a certified copy of a patent, record or other

document certified, as heretofore provided in this section, may be read

in evidence or recorded within this state, the same as if taken,

administered or certified within the state before an officer authorized

to take the acknowledgment or proof of a written instrument, to

administer oaths, or to certify to the correctness of a public record,

if there shall be annexed or subjoined thereto, or indorsed thereon a

certificate of the commissioner before whom such acknowledgment or proof

was taken, by whom the oath was administered, or by whom the correctness

of such copy is certified, under his hand and official seal. Such

certificate shall specify the day on which, and the city or other

political subdivision, and the state or country or other place in which,

the acknowledgment or proof was taken, or the oath administered, without

which specification the certificate shall be void. Except as provided in

subdivision five of this section, such certificate shall be

authenticated by the certificate of the secretary of state annexed or

subjoined to the certificate of such commissioner, that such

commissioner was, at the time of taking such acknowledgment or proof, of

administering such oath, or of certifying to such patent record or

document, or copy thereof, duly authorized therefor, that he is

acquainted with the handwriting of such commissioner, or has compared

the signature upon the certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office, and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. The certificate of a commissioner as to the

correctness of a copy of a certified copy of a patent, record or other

document, as provided by this section, shall be presumptive evidence

that it was certified according to the form in use in such foreign

country.

6. A commissioner of deeds appointed pursuant to the preceding section

may during his term of office procure from the secretary of state, on

payment to him of a fee of two dollars, a certificate of his

appointment, prescribed by the secretary of state, stating among other

things, the date of his appointment, the date of expiration thereof and

the city, county, municipality or other political subdivision for which

he is appointed, and containing the signature of the commissioner in his

own handwriting and his official seal, and certifying that he has

compared the signature on such certificate with the signature of such

commissioner deposited in his office, that he has compared the

impression of the seal affixed to such certificate with the impression

of the seal of such commissioner deposited in his office and that he

believes the signature and the impression of the seal upon such

certificate to be genuine. Such a certificate may be filed by such

commissioner in the office of any county clerk or register in the state

upon the payment to such county clerk or register of a fee of two

dollars. Upon the filing of such certificate in the office of a county

clerk or register in this state, a written instrument acknowledged or

proved, an oath administered, or a copy or copy of a certified copy of a

patent, record or other document certified, by a commissioner pursuant

to this section, shall be entitled to be read in evidence and shall be

accepted for filing or recording and filed or recorded, as the case may

be, in the office of such county clerk or register, on tender or payment

of the lawful fees therefor, without having annexed or subjoined to the

certificate of such commissioner contained thereon the authenticating

certificate of the secretary of state as required by subdivision five of

this section or by subdivision one of section three hundred eleven of

the real property law or by any other provision of law.

Validity of acts of notaries public and commissioners of

deeds notwithstanding certain defects. 1. Except as provided in

subdivision three of this section, the official certificates and other

acts heretofore or hereafter made or performed of notaries public and

commissioners of deeds heretofore or hereafter and prior to the time of

their acts appointed or commissioned as such shall not be deemed

invalid, impaired or in any manner defective, so far as they may be

affected, impaired or questioned by reason of defects described in

subdivision two of this section.

2. This section shall apply to the following defects:

(a) ineligibility of the notary public or commissioner of deeds to be

appointed or commissioned as such;

(b) misnomer or misspelling of name or other error made in his

appointment or commission;

(c) omission of the notary public or commissioner of deeds to take or

file his official oath or otherwise qualify;

(d) expiration of his term, commission or appointment;

(e) vacating of his office by change of his residence, by acceptance

of another public office, or by other action on his part;

(f) the fact that the action was taken outside the jurisdiction where

the notary public or commissioner of deeds was authorized to act.

3. No person shall be entitled to assert the effect of this section to

overcome a defect described in subdivision two if he knew of the defect

or if the defect was apparent on the face of the certificate of the

notary public or commissioner of deeds; provided however, that this

subdivision shall not apply after the expiration of six months from the

date of the act of the notary public or commissioner of deeds.

4. After the expiration of six months from the date of the official

certificate or other act of the commissioner of deeds, subdivision one

of this section shall be applicable to a defect consisting in omission

of the certificate of a commissioner of deeds to state the date on which

and the place in which an act was done, or consisting of an error in

such statement.

5. This section does not relieve any notary public or commissioner of

deeds from criminal liability imposed by reason of his act, or enlarge

the actual authority of any such officer, nor limit any other statute or

rule of law by reason of which the act of a notary public or

commissioner of deeds, or the record thereof, is valid or is deemed

valid in any case.

Fees of such commissioners. The fees of such commissioners

shall be as follows:

1. If appointed for another state, territory or dependency, not to

exceed four times the amount allowed by the laws of such state,

territory or dependency for like services, and not to exceed in any case

one dollar for taking the proof or acknowledgment of a written

instrument, or administering an oath;

2. If appointed for Great Britain or Ireland, for administering or

certifying an oath, one shilling sterling, and for taking the proof or

acknowledgment of a written instrument, or for certifying to the

existence or correctness of a copy of a patent, record or document, four

shillings sterling;

3. If appointed for France or any other foreign country, for

administering and certifying an oath, one franc and twenty-five

centimes, and for taking the proof or acknowledgment of a written

instrument, or for certifying to the existence or correctness of a copy

of a patent, record or document, five francs.

Saving clause. In case it be judicially determined that any

phrase, clause, part, paragraph or section of any of the provisions of

sections one hundred thirty, one hundred thirty-one, one hundred

thirty-two, one hundred thirty-three, one hundred thirty-five, one

hundred thirty-six, one hundred thirty-seven and one hundred

thirty-eight is unconstitutional or otherwise invalid, such

determination shall not affect the validity or effect of the remaining

provisions of the aforementioned sections. All persons heretofore

appointed and still holding office as notaries public shall continue in

such office after the effective date of this article, with the same

powers and duties as herein provided until the expiration of the term

for which they were appointed.

Eligible professions for the purchase, sale, and use of body

armor. The secretary of state in consultation with the division of

criminal justice services, the division of homeland security and

emergency services, the department of corrections and community

supervision, the division of the state police, and the office of general

services shall promulgate rules and regulations to establish criteria

for eligible professions requiring the use of body armor, as such term

is defined in subdivision two of section 270.20 of the penal law. Such

professions shall include those in which the duties may expose the

individual to serious physical injury that may be prevented or mitigated

by the wearing of body armor. Such rules and regulations shall also

include a process by which an individual or entity may request that the

profession in which they engage be added to the list of eligible

professions, a process by which the department shall approve such

professions, and a process by which individuals and entities may present

proof of engagement in eligible professions when purchasing body armor.

Definitions. As used in this article, unless another meaning is

clearly apparent in the language or context:

1. The term "agency" shall mean any department, board, bureau,

commission, division, office, council, committee or officer of the

state, a public benefit corporation or public authority at least one of

whose members is appointed by the governor.

2. The term "public corporation" shall mean and include a municipal

corporation, a district corporation, or public benefit corporation

except a public benefit corporation at least one of whose members is

appointed by the governor.

3. The term "person" shall mean any individual, partnership,

corporation, association, or public or private organization of any

character, other than an agency or public corporation.

Publication of certain public notices. 1. The department of

state shall publish, pursuant to the schedule in section one hundred

forty-seven of this article, and post on its internet website a

publication to be known as the state register, in which shall be

published and posted from time to time as received by such department:

(a) rules, orders, designations, and notices submitted by the chief

administrator of the courts;

(b) notices and advertisements required by state statute or federal

law, rule or regulation to be published by an agency in a newspaper;

(c) notices required by statute to be published in newspapers in

actions against foreign corporations;

(d) notices and job impact statements required by the state

administrative procedure act to be published in the state register; and

(e) any other matter required by statute to be published in the state

register.

2. The secretary of state may, at his or her discretion, publish and

post in the state register any notice or information which is not

otherwise required by statute to be submitted to him or her by an agency

or public corporation for publication in the state register, in

instances where such publication and posting will serve the public

interest.

3. With regard to rule making notices required to be published and

posted in the state register pursuant to article two of the state

administrative procedure act, the secretary of state may, at his or her

discretion, publish and post the complete text of a proposed or adopted

rule, which is not otherwise required to be published and posted in the

state register, in instances where such publication and posting will

serve the public interest. The secretary of state shall accept from a

state agency all rulemaking notices, statements and analyses as required

by the state administrative procedure act, data, rules, and regulations

as provided for by article three of the state technology law.

4. With regard to a notice of adoption published in the state register

pursuant to article two of the state administrative procedure act, for

which the corresponding notice of proposed rule making published and

posted in the state register included the complete text of the rule, the

secretary of state may, at his or her discretion, include only the

changes in such text in the notice of adoption.

4-a. Notice of the availability of any state or federal funding which

is to be distributed by any agency upon application by any municipality,

school board, school district, not-for-profit organization or any other

individual or organization entitled to apply for such funding pursuant

to any law, rule or regulation governing the distribution of such funds

shall be published and posted in the state register. Such notice shall

appear in the register no later than forty-five days prior to the last

day for receipt of applications for such funding. Such notice shall not

be required: (i) whenever a notice has been published in the procurement

opportunities newsletter pursuant to article four-C of the economic

development law; (ii) for state or federal transportation funding; and

(iii) in those instances where an entity has been specifically

designated by law or legislative resolution to receive funding. Failure

to publish the notice in a timely manner shall not be a basis for

setting aside an award or challenging a contract or other legal claim.

5. The publication and posting of notices and advertisements in the

state register shall be additional to their publication in newspapers,

whenever publication in newspapers is required by statute.

6. The secretary of state shall promulgate rules establishing

procedure, forms, font and style for submission of material by any

person, agency or public corporation for publication and posting in the

state register.

Schedule of publication. 1. The department of state shall

publish a regular issue of the state register at least once a week and

special issues as directed by statute or as deemed appropriate by the

secretary of state.

2. The department of state may publish special issues which shall

include information and notices required to be published pursuant to

section fourteen hundred two of the abandoned property law, at times

specified by such section.

3. The department of state shall publish, quarterly, a special issue

which shall:

(a) contain an index of all notices published in the state register

pursuant to article two of the state administrative procedure act

between January first of the year of publication and the state register

issue immediately preceding publication of this special issue;

(b) cite each notice in the index by the identification number

described in subdivision three of section one hundred forty-nine of this

article and for each such notice cited, the index shall include a

description of the subject and purpose of the rule, the date of

publication of the notice, and a symbol denoting whether the notice was

for (i) a proposed rule making, (ii) an adoption, (iii) an emergency

adoption, (iv) an expiration, (v) a revised rule making or (vi) a

withdrawal; and

(c) arrange notice citations by agency in alphabetical order and

present consecutively all such citations relating to a single rule

making.

Distribution and fees. 1. a. The department of state shall mail

or otherwise deliver a copy of each issue of the state register to the

office of the clerk of every county, to every library designated by the

commissioner of education, and upon written request, to the office of

the clerk of any city, town or village. Such copies shall be made

available for public inspection by such offices and libraries for not

less than one year.

b. On or before September first, nineteen hundred eighty-three, and

annually thereafter, the commissioner of education shall designate a

sufficient number of libraries, not to exceed three hundred, to provide

a uniform, statewide distribution of copies of each issue of the state

register, and shall provide the department of state with a list of such

designated libraries.

2. The department of state shall mail or otherwise deliver a copy of

each regular issue and the quarterly index required by subdivision three

of section one hundred forty-seven of this article to each agency and

every state legislator, unless the agency or state legislator has

requested that the department discontinue such delivery, and shall

provide notice and indicate the availability upon request of any special

issue published pursuant to subdivision two of section one hundred

forty-seven of this article by placing said notice in the regular issue

appearing two weeks prior to the publication date of any such special

issue. Such special issues shall be available to each agency and state

legislator at no charge.

3. Subscriptions to the state register shall be made available to the

public by either first or second class mail, or in electronic form at

the election of the subscriber. A reasonable rate for a subscription to

printed copies of the regular issue and quarterly index required by

subdivision three of section one hundred forty-seven of this article, to

be not more than eighty dollars per year for first class mail delivery

and not more than forty dollars per year for second class mail delivery,

shall be set by the secretary of state. The secretary of state may

charge no more than one dollar and fifty cents per single copy of a

printed regular issue or quarterly index of the state register. Rates

shall not be set at such a level that the anticipated total subscription

revenues exceed the total cost of producing, printing and distributing

the state register.

4. Special issues published pursuant to subdivision two of section one

hundred forty-seven of this article shall be made available to the

public at prices set by the secretary of state to reflect the cost of

producing, printing and distributing the special issues. The notice

provided in subdivision two of this section shall indicate the prices of

the special issues.

4-a. In addition to the state register, the department of state shall

make available at no cost an online version of the weekly state

register, quarterly index and any special issues as directed by statute

or deemed appropriate by the secretary of state.

5. The secretary of state shall be entitled to charge and receive a

reasonable sum from any person required by state statute to cause a

notice to be published in the state register.

6. All fees set by the secretary of state pursuant to this section are

subject to the approval of the director of the budget.

Format of state register. 1. The printed version of the state

register shall be an eight and one-half by eleven inch booklet with

three holes punched in the left hand margin to make such register

suitable for storage in an eight and one-half by eleven inch loose-leaf

binder.

2. Each regular issue of the state register shall contain:

(a) a table of contents;

(b) a table which includes a general description of the identification

number system, the alphanumeric abbreviation assigned to each agency and

the symbol to denote the various types of notices pursuant to article

two of the state administrative procedure act;

(c) a complete list of all public hearings to be conducted for which a

notice of proposed rule making has been published therein or in any

previous issue of the state register. Such list shall include (i) the

agency which will conduct the public hearing; (ii) the date, time, place

and subject of such public hearing; and (iii) the identification number

for the proposed rule making which is the subject of such public

hearing;

(d) a presentation of notices, required by article two of the state

administrative procedure act and not already published in the state

register, in a sequence that provides by agency (i) notices of emergency

adoption, (ii) notices of adoption, (iii) notices of expiration, (iv)

notices of withdrawal, (v) notices of proposed rule making for which a

public hearing is scheduled, (vi) notices of proposed rule making for

which no hearing is scheduled and (vii) notices of revised rule making;

(e) an action pending index, in tabular form, by agency in

alphabetical order, which shall identify all previously noticed proposed

rules for which the secretary of state has not published a notice of

expiration, of adoption or of withdrawal, and, with respect to a rule

defined in subparagraph (ii) of paragraph (a) of subdivision two of

section one hundred two of the state administrative procedure act, for

which the secretary of state has not published a notice of adoption or

withdrawal for one year after the publication of the proposed rule

making notice or two years if such notice has been renewed by the

agency. Such action pending index shall include a description of the

subject and purpose of the proposed rule and the identification number

described in paragraph (a) of subdivision three of this section.

3. With respect to notices published in the state register pursuant to

article two of the state administrative procedure act: (a) each notice

of proposed rule making shall be identified in the state register by an

identification number which shall include a separate alphanumeric

abbreviation to identify the agency, the issue number and year of

publication of the state register, a consecutive number assigned by the

secretary of state to such notice, and a symbol denoting that the notice

is for a proposed rule making;

(b) each notice of expiration, revised rule making, withdrawal,

adoption or emergency adoption shall be identified by the identification

number assigned to the notice of proposed rule making to which it

corresponds, followed by a symbol denoting that such notice is for an

expiration, withdrawal, adoption or emergency adoption;

(c) if a notice of emergency adoption does not correspond to a prior

notice of proposed rule making, such notice of emergency adoption shall

be assigned an identification number in accordance with paragraph (a) of

this subdivision, except that the symbol shall denote that the notice is

for an emergency adoption.

4. To the extent practicable, every version of the state register

transmitted by electronic means shall substantially comply with the

provisions of this section.

Legislative findings. The legislature hereby finds and declares

that:

1. Strong local government has been a major positive factor in the

political, economic and social development of the state;

2. The future welfare of the state depends in large measure on the

effectiveness of local government and of its relationships to state

government;

3. Population shifts and other economic and social trends have brought

new problems to local government;

4. The state has the responsibility toward local government to

coordinate state services and information for the benefit of local

government, to assist in the solution of its problems, and otherwise to

help local government in making itself as strong and effective as

possible;

5. The need for a more rational planning process requires a high

degree of local, state and interstate cooperation;

6. The need for a single state agency to review and comment on local

planning efforts of statewide significance, state agency planning and

interstate planning commission programs is recognized;

7. A common data base developed by the official state planning agency

in conjunction with planning efforts at all levels of government is

essential to effective planning; and

8. State planning and development policies should promote planning

programs among state agencies and between levels of government that

maximize environmental and economic benefits to the localities.

Definitions. As used in this article, the term "municipalities"

shall include public corporations as defined in subdivision one of

section sixty-six of the general construction law and special districts

as defined in subdivision sixteen of section one hundred two of the real

property tax law.

General functions, powers and duties. The department of state,

by and through the secretary of state or duly authorized officers or

employees, shall have the following functions, powers and duties:

1. To assist the governor in coordinating the activities and services

of those departments and agencies of the state having relationships with

municipalities to the end of providing more effective services to such

municipalities.

2. To keep the governor informed as to the problems of municipalities

and to advise and assist in formulating policies with respect thereto

and utilizing the resources of the state government for the benefit of

municipalities.

3. To serve as a clearinghouse, for the benefit of municipalities,

regarding information relating to their common problems and to the state

and federal services available to assist in the solution of those

problems.

4. To refer municipalities to the appropriate departments and agencies

of the state and federal governments for advice, assistance and

available services in connection with particular problems

5. To advise and assist municipalities in the solution of particular

problems.

6. To conduct studies and analyses of the problems of municipalities

and to make the results thereof available as the secretary may deem

appropriate.