senate Bill S2607C

Signed by Governor Amended

Amends various provisions of law relating to implementing the education, labor, housing, and family assistance budget for the 2013-2014 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 22 / Jan / 2013
    • REFERRED TO FINANCE
  • 13 / Feb / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 13 / Feb / 2013
    • PRINT NUMBER 2607A
  • 22 / Feb / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 22 / Feb / 2013
    • PRINT NUMBER 2607B
  • 11 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 11 / Mar / 2013
    • PRINT NUMBER 2607C
  • 24 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 24 / Mar / 2013
    • PRINT NUMBER 2607D
  • 26 / Mar / 2013
    • ORDERED TO THIRD READING CAL.277
  • 27 / Mar / 2013
    • PASSED SENATE
  • 27 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 27 / Mar / 2013
    • REFERRED TO WAYS AND MEANS
  • 28 / Mar / 2013
    • SUBSTITUTED FOR A3007D
  • 28 / Mar / 2013
    • ORDERED TO THIRD READING RULES CAL.46
  • 28 / Mar / 2013
    • MOTION TO AMEND LOST
  • 28 / Mar / 2013
    • MOTION TO AMEND LOST
  • 28 / Mar / 2013
    • PASSED ASSEMBLY
  • 28 / Mar / 2013
    • RETURNED TO SENATE
  • 29 / Mar / 2013
    • DELIVERED TO GOVERNOR
  • 29 / Mar / 2013
    • SIGNED CHAP.57

Summary

Amends various provisions of law relating to implementing the ELFA budget for the 2013-2014 state fiscal year; relates to school district eligibility for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness; amends the education law, in relation to contracts for excellence, school census in school districts, New York state school safety improvement teams, accountability of school districts, the financing of charter schools, annual professional performance review plans, apportionment of school aid, calculation of the gap elimination restoration amount, establishment of a community schools and extended learning time grant program, duties of school districts and the costs of certain tuition maintenance and transportation; amends the general municipal law, in relation to the employee benefit accrued liability reserve fund; amends the education law, in relation to transportation after 4 pm; amends chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to extending certain provisions; amends chapter 756 of the laws of 1992 relating to funding a program for work force education conducted by the consortium for worker education in New York city, in relation to apportionment and reimbursement; and in relation to extending the expiration of certain provisions; amends chapter 169 of the laws of 1994 relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; amends chapter 82 of the laws of 1995, amending the education law and certain other laws relating to state aid to school districts and the appropriation of funds for the support of government; amends chapter 147 of the laws of 2001 amending the education law relating to conditional appointment of school district, charter school or BOCES employees; amends chapter 425 of the laws of 2002 amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school; amends chapter 101 of the laws of 2003 amending the education law relating to implementation of the No Child Left Behind Act of 2001, in relation to extending the expiration of certain provisions of such chapter; amends chapter 472 of the laws of 1998 amending the education law relating to the lease of school buses by school districts, in relation to extending the provisions of such chapter; relates to school bus driver training; relates to the support of public libraries; provides special apportionment for salary expenses; provides special apportionment for public pension expenses; relates to suballocation of certain education department accruals; relates to purchases by the city school district of Rochester; repeals subdivision 17 of section 1950 of the education law relating thereto; repeals section 3627 of the education law relating to transportation after 5 pm and provides for the repeal of certain provisions upon expiration thereof (Part A); amends the education law and the public authorities law, in relation to the acquisition, design, construction, reconstruction, rehabilitation, improvement and financing of dormitory facilities for the state university of New York (Part B); amends chapter 57 of the laws of 2005 amending the labor law and other laws implementing the state fiscal plan for the 2005-2006 state fiscal year, relating to the New York state higher education capital matching grant program for independent colleges, in relation to the New York state higher education matching grant program for independent colleges and the effectiveness thereof (Part C); amends the education law, in relation to establishing the Next Generation NY Job Linkage Program Act (Part D); amends the social services law, in relation to increasing the standards of monthly need for aged, blind and disabled persons living in the community (Part E); amends the executive law and the social services law, in relation to consolidating the youth development and delinquency prevention program and the special delinquency prevention program; and to repeal certain provisions of the executive law relating thereto; and providing for the repeal of such provisions upon expiration thereof (Part G); amends the real property tax law, in relation to providing for the registration of recipients of STAR exemptions, and eliminating waste, fraud and abuse in the STAR program and relating to the powers of the state board of real property tax services (Part J); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part M); relates to the powers of the commissioner of labor and repeals subdivision 17 of section 100 of the economic development law relating to the operation of the state data center (Part N); increases unemployment insurance benefits and contributions, to entitlement and eligibility criteria, to work search requirements, to relieving employers of charges for separations caused by misconduct and voluntarily leaving employment without good cause, to reduction of benefits based on pensions and dismissal pay, to enhanced penalties, in relation to fraudulently obtained benefits and new penalties for employers who cause overpayments by failing to timely and accurately respond to information about claims, to approving employer shared work benefit plans, and to the interest assessment surcharge; amends chapter 62 of the laws of 2003, amending the state finance law and other laws relating to authorizing and directing the state comptroller to loan money to certain funds and accounts, in relation to the effectiveness thereof; repeals certain provisions of the labor law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part O); amends the labor law, in relation to the minimum wage and making technical corrections relating thereto (Part P); amends the racing, pari-mutuel wagering and breeding law, in relation to labor peace agreements (Part R); amends the education law, in relation to dental health certificates for students (Part S); amends the education law, in relation to the performance of medical services (Part T); amends the education law, in relation to creating the graduation, achievement and placement program (Part U); amends the education law, in relation to charges for non-resident students (Part V); amends the tax law, the state finance law and the executive law, in relation to gifts for honor and remembrance of veterans, the establishment of the veterans remembrance and cemetery maintenance and operation fund, repeals certain provisions of the executive law relating thereto (Part W); amends the public service law, in relation to strengthening the oversight and enforcement mechanisms of the Public Service Commission; amends the general business law, in relation to increasing fines for violations relating to the protection of underground facilities (Part X); relates to the repowering of existing power generation facilities (Part Y); amends the labor law, in relation to the self-employment assistance program; amends chapter 413 of the laws of 2003 amending the labor law relating to the self-employment assistance program and other matters, in relation to the effectiveness thereof (Part Z); amends chapter 420 of the laws of 2002 amending the education law relating to the profession of social work; amends chapter 676 of the laws of 2002 amending the education law relating to the practice of psychology; amends chapter 130 of the laws of 2010 amending the education law and other laws relating to the registration of entities providing certain professional services and the licensure of certain professions, in relation to reporting requirements and expiration dates; amends the education law, in relation to licensure of social workers and mental health counselors (Part AA); amends the retirement and social security law, in relation to stable pensions; amends the education law, in relation to a stable contribution option for participating educational employers (Part BB); relates to contracts for services and expenses of pay for success initiatives to improve program outcomes in the program areas of health care, early childhood development, childhood welfare and public safety (Part CC); amends the private housing finance law, in relation to establishing the rural and urban community investment fund program (Part DD); amends the state finance law, in relation to increasing state assistance to eligible cities and eligible municipalities in which a video lottery gaming facility is located (Part EE); amends the penal law, in relation to making technical changes to such law relating to licensing of firearms; amends chapter 1 of the laws of 2013 amending the criminal procedure law and other laws relating to suspension and revocation of firearms licenses, in relation to the effectiveness thereof (Part FF); amends the workers' compensation law, in relation to changing the composition of the board's practice committees and to permitting a single arbitrator process; amends the workers' compensation law, in relation to the collection of assessments for annual expenses and the investment of surplus or reserve; relates to the representation of funds, in relation to closing the fund for reopened cases; relates to administration expenses for the state insurance fund; relates to requiring self-insured municipal groups and county treasurers to provide certain financial information to the workers' compensation board; amends the workers' compensation law and the public authorities law, in relation to authorizing the workers' compensation board and the dormitory authority to enter into a self-insured bond financing agreement; amends the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law, in relation to the payment of benefits and to the assessment of expenses; amends the public officers law, in relation to indemnification of state officers and employees; repeals certain provisions of the workers' compensation law, the volunteer firefighters' benefit law and the volunteer ambulance workers' benefit law relating to assessments for expenses, and relating to the location of the workers' compensation board (Part GG); provides for the administration of certain funds and accounts related to the 2013-14 budget; authorizes certain payments and transfers; amends chapter 59 of the laws of 2012, relating to providing for administration of certain funds and accounts related to the 2013-2014 budget, in relation to the effectiveness thereof; amends the state finance law, in relation to school tax relief fund; amends chapter 60 of the laws of 2011, amending the state finance law relating to disbursements from the tribal-state compact revenue account to certain municipalities, in relation to the availability of moneys; amends the New York state medical care facilities finance agency act, in relation to the deposit of certain funds; amends the state finance law, in relation to the issuance of revenue bonds; amends the public authorities law, in relation to the number of directors required for approval of a resolution authorizing the issuance of bonds or notes; amends the New York state urban development corporation act, in relation to funding project costs for certain capital projects; amends chapter 61 of the laws of 2005, relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to the Division of Military and Naval Affairs Capital Projects; amends chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; amends the private housing finance law, in relation to housing program bonds and notes; amends chapter 329 of the laws of 1991, amending the state fiance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; amends the public authorities law, in relation to courthouse improvements and training facilities, metropolitan transportation authority facilities, peace bridge projects and issuance of bonds by the dormitory authority; amends chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; amends the New York state urban development corporation act, in relation to projects for retention of professional football in western New York; amends the public authorities law, in relation to the cleaner, greener communities program; amends the state finance law, in relation to establishing the sales tax revenue bond tax fund and providing for the deposit of revenues therefrom, establishing the sales tax revenue bond financing program; amends the tax law, in relation to deposit and disposition of revenue; amends the state finance law, in relation to establishing the New York state storm recovery capital fund; amends the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; amends chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effectiveness thereof; amends the public authorities law, in relation to dormitories at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; amends chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; amends the public authorities law, in relation to financing of New York works transportation capital projects; provides for the repeal of certain provisions upon expiration thereof (Part HH).

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Bill Details

Versions:
S2607
S2607A
S2607B
S2607C
S2607D
Legislative Cycle:
2013-2014
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2607--C

                            I N  S E N A T E

                            January 22, 2013
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read twice and ordered printed, and  when  printed
  to  be  committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT in relation to school district eligibility  for  an  increase  in
  apportionment  of  school  aid  and  implementation  of  standards for
  conducting annual professional performance reviews to determine teach-
  er and  principal  effectiveness;  to  amend  the  education  law,  in
  relation  to  making  internal  audit  functions  optional  by  school
  districts unless an audit by  the  comptroller  reveals  deficiencies;
  contracts  for  excellence,  expenses for computer equipment, account-
  ability of school districts, the financing of charter schools,  annual
  professional  performance  review  plans, apportionment of school aid,
  calculation of the gap elimination restoration amount  and  duties  of
  school districts; to amend chapter 756 of the laws of 1992 relating to
  funding a program for work force education conducted by the consortium
  for  worker  education  in New York city, in relation to apportionment
  and reimbursement; and in relation  to  extending  the  expiration  of
  certain  provisions; to amend chapter 169 of the laws of 1994 relating
  to certain provisions related to the 1994-95 state operations, aid  to
  localities,  capital projects and debt service budgets; to amend chap-
  ter 82 of the laws of 1995, amending the  education  law  and  certain
  other laws relating to state aid to school districts and the appropri-
  ation  of funds for the support of government; to amend chapter 147 of
  the laws of 2001 amending the education law  relating  to  conditional
  appointment  of school district, charter school or BOCES employees; to
  amend chapter 425 of the laws  of  2002  amending  the  education  law
  relating  to  the  provision  of  supplemental  educational  services,
  attendance at a safe public school and the suspension  of  pupils  who
  bring  a firearm to or possess a firearm at a school, to amend chapter
  101 of the laws of 2003 amending the education law relating to  imple-
  mentation  of  the  No  Child  Left Behind Act of 2001, in relation to
  extending the expiration of certain provisions of  such  chapters;  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12572-07-3

S. 2607--C                          2

  amend  chapter  472  of  the  laws  of 1998 amending the education law
  relating to the lease of school buses by school districts, in relation
  to extending the provisions of such chapter; in relation to school bus
  driver  training;  in  relation to the support of public libraries; to
  provide special apportionment for salary expenses; to provide  special
  apportionment  for  public  pension  expenses; in relation to suballo-
  cation of  certain  education  department  accruals;  in  relation  to
  purchases  by  the  city  school  district  of Rochester; to amend the
  education law, in relation to the computation of the  school  district
  basic contribution for certain school districts; and providing for the
  repeal  of  certain  provisions  upon  expiration thereof (Part A); to
  amend the education law, in  relation  to  defining  "personal  income
  growth  index"  for  purposes  of aid calculation for the two thousand
  fourteen--two thousand fifteen school year; and in relation to  elimi-
  nating  the  adjustment of building aid interest; to repeal section 31
  of part A of chapter 57 of the laws of 2012 relating to submission  of
  school construction final cost reports, in relation to certain actions
  and  omissions  of  school  districts;  and in relation to actions and
  omissions of any school district which  failed  to  submit  a  certain
  final  building  project  cost  report; to amend the education law, in
  relation to removing the requirement for annual visual inspections  of
  school  buildings;  and  in  relation  to  transportation expenses and
  supplemental valuation impact grants; to amend the education  law,  in
  relation  to  permitting apportionment of state aid where a school was
  not in session due to extraordinary weather conditions,  disasters  or
  emergencies  during  the  two  thousand  twelve--two thousand thirteen
  school year; to repeal subdivision 17 of section 1950 of the education
  law relating to board  of  cooperative  educational  services  special
  education  space  plans;  to  amend  the education law, in relation to
  transportation after four o'clock  in  the  afternoon;  to  amend  the
  education law, in relation to local contribution for a child placed in
  an  intermediate  care  facility,  extending  the academic freeze with
  accountability fix, universal pre-kindergarten one hundred eighty  day
  requirement,  financial responsibility for special education services,
  and aid to libraries; to amend chapter 121 of the laws of 1996  relat-
  ing to authorizing the Roosevelt union free school district to finance
  deficits  by  the  issuance  of serial bonds, in relation to extending
  certain provisions; to establish a special  apportionment  for  school
  district  salary  expenses;  to  amend  the  general municipal law, in
  relation to the employee benefit accrued liability  reserve  fund;  to
  provide  for  the  payment  of  the transportation costs to school for
  children displaced as a result  of  Hurricane  Sandy;  and  to  repeal
  certain provisions of the education law relating thereto; to amend the
  education  law,  in  relation  to  continuing  authorization of annual
  professional performance reviews transition grants; relating to allow-
  able transportation expenses  in  cities  with  a  population  of  one
  million  or  more; to amend the education law, in relation to applying
  for waivers from title II of the education  law  for  high  performing
  schools,  payments  of  moneys due for prior years and assumed amorti-
  zation for school projects; in relation to the chargeback  of  tuition
  for  a homeless child who attended a public school located outside the
  state and to amend the education law, in relation to  the  computation
  of the school district basic contribution for certain school districts
  (Part  A-1);  to  amend  the  education  law,  in relation to regional
  secondary schools (Part A-2); to  amend  the  education  law  and  the
  public  authorities  law,  in  relation  to  the  acquisition, design,

S. 2607--C                          3

  construction, reconstruction, rehabilitation, improvement and  financ-
  ing of dormitory facilities for the state university of New York (Part
  B); to amend chapter 57 of the laws of 2005 amending the labor law and
  other  laws implementing the state fiscal plan for the 2005-2006 state
  fiscal year, relating to the New York state higher  education  capital
  matching  grant  program  for independent colleges, in relation to the
  New York state higher education matching grant program for independent
  colleges and the effectiveness thereof (Part C); intentionally omitted
  (Part D); to amend the social services law, in relation to  increasing
  the  standards  of  monthly  need for aged, blind and disabled persons
  living in the community (Part E); intentionally omitted (Part  F);  to
  amend  the  executive  law and the social services law, in relation to
  consolidating the youth development and delinquency prevention program
  and the special delinquency  prevention  program;  to  repeal  certain
  provisions  of  the  executive law relating thereto; and providing for
  the repeal of such provisions upon expiration thereof (Part G); inten-
  tionally omitted (Part H); intentionally omitted (Part  I);  to  amend
  the  real property tax law, in relation to providing for the registra-
  tion of recipients of STAR exemptions, and  eliminating  waste,  fraud
  and  abuse  in  the STAR program (Part J); intentionally omitted (Part
  K); intentionally omitted (Part L); to utilize reserves in the project
  pool insurance account of the  mortgage  insurance  fund  for  various
  housing  purposes (Part M); to amend the labor law, in relation to the
  powers of the commissioner of labor and to repeal  subdivision  17  of
  section  100 of the economic development law relating to the operation
  of the state data center (Part N); to amend the labor law, in relation
  to increasing unemployment insurance benefits  and  contributions,  to
  entitlement  and eligibility criteria, to work search requirements, to
  relieving employers of charges for separations  caused  by  misconduct
  and voluntarily leaving employment without good cause, to reduction of
  benefits  based  on pensions and dismissal pay, to enhanced penalties,
  in relation to fraudulently obtained benefits and  new  penalties  for
  employers  who  cause overpayments by failing to timely and accurately
  respond to information about claims, to approving employer shared work
  benefit plans, and to the interest assessment surcharge; and to  amend
  chapter  62  of  the  laws of 2003, amending the state finance law and
  other laws relating to authorizing and directing the state comptroller
  to loan money to certain funds and accounts, in relation to the effec-
  tiveness thereof; to repeal certain provisions of the labor law relat-
  ing thereto; and providing for the repeal of certain  provisions  upon
  expiration  thereof (Part O); intentionally omitted (Part P); to amend
  the civil service law, in relation to extending the  effectiveness  of
  provisions  establishing  dispute resolution during collective negoti-
  ations (Part Q); intentionally omitted (Part R); to amend the tax law,
  the state finance law and the executive law, in relation to gifts  for
  honor  and  remembrance of veterans, the establishment of the veterans
  remembrance and cemetery maintenance and operation fund, and to repeal
  certain provisions of the executive law relating thereto (Part S);  to
  amend the education law, in relation to the establishment of community
  college regions (Part T); to amend the private housing finance law, in
  relation to establishing the rural and urban community investment fund
  program  (Part  U); to amend the education law, in relation to charges
  for non-resident students (Part V); to amend chapter 420 of  the  laws
  of  2002  amending  the  education  law  relating to the profession of
  social work; chapter 676 of the laws of 2002  amending  the  education
  law relating to the practice of psychology; chapter 130 of the laws of

S. 2607--C                          4

  2010  amending the education law and other laws relating to the regis-
  tration of entities providing certain professional  services  and  the
  licensure  of  certain  professions, in relation to reporting require-
  ments  and  expiration  dates;  and  to  amend  the  education law, in
  relation to licensure and continuing education of social  workers  and
  mental  health counselors (Part W); to amend the civil service law, in
  relation to merger of the department of civil  service  (Part  X);  to
  amend  the education law and the state finance law, in relation to the
  student loan linked deposit act (Part Y); to amend the labor  law,  in
  relation to the self-employment assistance program; and to amend chap-
  ter  413  of  the  laws of 2003 amending the labor law relating to the
  self-employment assistance program and other matters, in  relation  to
  the effectiveness thereof (Part Z); and to amend the education law, in
  relation to establishing the remedial education plan and program (Part
  AA)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through AA. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section 1.  1. As used in this section:
  a. "APPR past non-compliance penalty" shall mean the sum of the annual
increases  in apportionments withheld pursuant to section 1 of part A of
chapter 57 of the laws of 2012 and subdivision 2 of this section for the
base year and each prior school year;
  b. "base year" shall mean the base year as defined in paragraph  b  of
subdivision 1 of section 3602 of the education law; and
  c.  "current year" shall mean the current year as defined in paragraph
a of subdivision 1 of section 3602 of the education law.
  2. Notwithstanding  any  inconsistent  provision  of  law,  no  school
district  shall  be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2013-14  school  year
and  thereafter  in  excess  of  the  amount  apportioned to such school
district in the base year unless  such  school  district  has  submitted
documentation that has been approved by the commissioner of education by
September  1 of the current year, demonstrating that it has fully imple-
mented the standards and procedures for conducting  annual  professional
performance  reviews  of  classroom  teachers and building principals in
accordance with the requirements of section 3012-c of the education  law
and the commissioner of education's regulations.
  3.  For  the  2013-14  school year and thereafter the apportionment of
general support for public schools from the funds appropriated  for  the

S. 2607--C                          5

2013-14  school  year  and  thereafter shall be reduced by the APPR past
non-compliance penalty. Such reduction shall not occur prior to April  1
of the current year.
  4.  If  any  payments of ineligible amounts pursuant to subdivisions 2
and 3 of this section were made, and the school district has not submit-
ted documentation that has been approved by the commissioner  of  educa-
tion by September 1 of the current school year demonstrating that it has
fully  implemented  the  standards  and procedures for conducting annual
professional performance reviews  of  classroom  teachers  and  building
principals  in accordance with the requirements of section 3012-c of the
education law and the regulations of the commissioner of education,  the
total  amount  of such payments shall be deducted by the commissioner of
education from future payments to the school district; provided  further
that,  if  the  amount  of  the deduction is greater than the sum of the
amounts available for such deductions in the applicable school year, the
remainder of the deduction shall be withheld from payments scheduled  to
be  made to the school district pursuant to section 3609-a of the educa-
tion law for the subsequent school year.
  S 2. Paragraph e of subdivision 1 of section 211-d  of  the  education
law,  as  amended  by  section  2 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence
for the  two  thousand  eleven--two  thousand  twelve  school  year  AND
PROVIDED  FURTHER  THAT,  A  SCHOOL  DISTRICT  WITH  A POPULATION OF ONE
MILLION OR MORE THAT SUBMITTED A CONTRACT FOR  EXCELLENCE  FOR  THE  TWO
THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS
IN THE DISTRICT ARE IDENTIFIED AS  IN  GOOD  STANDING,  SHALL  SUBMIT  A
CONTRACT  FOR  EXCELLENCE  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR WHICH SHALL, NOTWITHSTANDING  THE  REQUIREMENTS  OF
SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE

S. 2607--C                          6

FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN  SCHOOL  YEAR.    For
purposes  of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the  sum  of
the  school  district's  net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten,  making  appropriations  for  the  support  of
government,  plus  the  school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand  eleven,  making  appropriations
for  the  support  of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of  two  thou-
sand  eleven,  making  appropriations  for  the local assistance budget,
including support for general  support  for  public  schools.  Provided,
further,  that  such  amount  shall  be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school  year  or  to  support  new  or  expanded  allowable
programs and activities in the current year.
  S 3. Intentionally omitted.
  S  4.  Subdivisions 1, 2 and 7 of section 2116-b of the education law,
as added by chapter 263 of the laws of  2005,  are  amended  and  a  new
subdivision 8 is added to read as follows:
  1.  No  later  than July first, two thousand six, each school district
shall establish an internal audit function to be in operation  no  later
than  the  following December thirty-first. Such function shall include:
(a) development of a risk assessment of district  operations,  including
but  not  limited  to, a review of financial policies and procedures and
the testing and evaluation of district internal controls; (b) [an  annu-
al]  A review and update of such risk assessment; and (c) preparation of
reports[, at least annually or more frequently as the trustees or  board
of  education  may  direct,]  which  analyze significant risk assessment
findings, recommend changes  for  strengthening  controls  and  reducing
identified  risks,  and  specify  timeframes  for implementation of such
recommendations.
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual  enrollment
of less than three hundred students in the previous school year shall be
exempt   from  this  requirement.  Any  school  district  claiming  such
exemption shall [annually] certify to the commissioner that such  school
district meets the requirements set forth in this subdivision.
  7.  Nothing  in  this section shall be construed as requiring a school
district in any city with a population of one hundred twenty-five  thou-
sand  or  more  to replace or modify an existing internal audit function
where such function already exists by special or local law, so  long  as
the  superintendent  of the district [annually] certifies to the commis-
sioner that the existing internal audit function meets  or  exceeds  the
requirements of this section.
  8.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
INTERNAL AUDIT FUNCTION ESTABLISHED PURSUANT TO THIS  SECTION  SHALL  BE
OPTIONAL  BY ALL SCHOOL DISTRICTS UNLESS THE COMPTROLLER FINDS DEFICIEN-
CIES IN THE AUDIT PERFORMED PURSUANT  TO  SECTION  THIRTY-THREE  OF  THE
GENERAL  MUNICIPAL  LAW.  IF  DEFICIENCIES ARE FOUND BY THE COMPTROLLER,
SCHOOL DISTRICTS SHALL PERFORM BI-ANNUAL INTERNAL AUDITS UNTIL THE COMP-
TROLLER CONDUCTS ANOTHER AUDIT OF SUCH SCHOOL DISTRICT.

S. 2607--C                          7

  S 5. Paragraph (a) of subdivision 1 of section 2856 of  the  education
law,  as  amended  by  section 21 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance, membership and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition, which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO  THOUSAND
FOURTEEN  school  years,  the  charter school basic tuition shall be the
basic tuition computed for the two  thousand  ten--two  thousand  eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S  6.  Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 22 of part A of chapter 58  of  the  laws  of
2011, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the [two thousand twelve--two
thousand  thirteen]  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of  the  amount  calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two  of  this  chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision  one
of  section  thirty-six hundred two of this chapter from two years prior
to the base year to the base year;

S. 2607--C                          8

  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through [two thou-
sand  twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN school years, the charter school basic  tuition  shall  be  the
basic  tuition  computed  for  the two thousand ten--two thousand eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
  S 7. Subdivision 2 of section 3012-c of the education law  is  amended
by adding two new paragraphs l and m to read as follows:
  L. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY,  IF  A  SCHOOL  DISTRICT  DID  NOT HAVE AN ANNUAL PROFESSIONAL
PERFORMANCE REVIEW PLAN  APPROVED  BY  THE  COMMISSIONER  OR  DETERMINED
PURSUANT  TO  THIS  PARAGRAPH IN PLACE ON OR BEFORE JANUARY SEVENTEENTH,
TWO THOUSAND THIRTEEN AND AS OF THE WEDNESDAY FOLLOWING THE FIRST FRIDAY
IN MAY, SUCH SCHOOL DISTRICT AND  THE  COLLECTIVE  BARGAINING  REPRESEN-
TATIVES  REPRESENTING  CLASSROOM  TEACHERS  OR BUILDING PRINCIPALS SHALL
SUBMIT WRITTEN EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARDING SUCH
ISSUES TO THE COMMISSIONER BY SUCH DATE.
  (2) IF SUCH SCHOOL  DISTRICTS  DO  NOT  HAVE  AN  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEW  PLAN  APPROVED  BY  THE  COMMISSIONER OR DETERMINED
PURSUANT TO THIS PARAGRAPH IN PLACE ON OR BEFORE THE WEDNESDAY PRECEDING
THE LAST FRIDAY IN MAY, THE COMMISSIONER SHALL  ARBITRATE  SUCH  DISPUTE
AND  SHALL  HOLD  NO MORE THAN TWO DAYS OF HEARINGS ON THE STANDARDS AND
PROCEDURES NECESSARY TO IMPLEMENT  AN  ANNUAL  PROFESSIONAL  PERFORMANCE
REVIEW PLAN PURSUANT TO THIS SECTION. THE PARTIES MAY BE HEARD EITHER IN
PERSON,  BY  COUNSEL,  OR BY SUCH REPRESENTATIVES AS THEY MAY DESIGNATE.
THE PARTIES MAY PRESENT, ORALLY  OR  IN  WRITING,  STATEMENTS  OF  FACT,
SUPPORTING WITNESSES AND OTHER EVIDENCE, AND ARGUMENTS. THE COMMISSIONER
MAY  REQUIRE THE PRODUCTION OF SUCH ADDITIONAL EVIDENCE FROM THE PARTIES
AND SHALL PROVIDE, AT THE REQUEST OF  EITHER  PARTY,  THAT  A  FULL  AND
COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH RECORD TO
BE SHARED EQUALLY BY THE PARTIES.
  (3)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, AFTER SUCH HEARING, THE COMMISSIONER SHALL RENDER A  FINAL
AND  BINDING  WRITTEN DETERMINATION ON OR BEFORE JUNE FIRST, PRESCRIBING
SUCH STANDARDS AND PROCEDURES NECESSARY TO IMPLEMENT AN  ANNUAL  PROFES-
SIONAL  PERFORMANCE  REVIEW  PLAN PURSUANT TO THIS SECTION EFFECTIVE FOR
THE FOLLOWING SCHOOL YEAR FOR A TERM TO BE DETERMINED BY THE COMMISSION-
ER.  SUCH DETERMINATION SHALL BE LIMITED TO  THE  REQUIREMENTS  OF  THIS
SECTION.  THE COMMISSIONER SHALL SPECIFY IN HIS OR HER DETERMINATION THE
BASIS  FOR  HIS  OR HER FINDINGS, TAKING INTO CONSIDERATION ALL RELEVANT
FACTORS, INCLUDING THE BEST INTEREST  OF  STUDENTS.  SUCH  DETERMINATION
SHALL  BE DEEMED TO CONSTITUTE THE SUBMISSION BY SUCH SCHOOL DISTRICT OF
DOCUMENTATION DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE  STANDARDS
AND PROCEDURES FOR CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF
CLASSROOM  TEACHERS  AND  BUILDING  PRINCIPALS  IN  ACCORDANCE  WITH THE
REQUIREMENTS  OF  THIS  SECTION  AND  FINAL  APPROVAL  OF  SUCH   SCHOOL
DISTRICT'S  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW PLAN IN ACCORDANCE
WITH PARAGRAPH K OF THIS SUBDIVISION.
  (4) NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S  DETER-
MINATION,  THE  PARTIES  MAY  MAKE  AN APPLICATION TO THE NEW YORK STATE
SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE  COMMISSIONER
PURSUANT  TO  SECTION  SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE

S. 2607--C                          9

LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO  THE  GROUNDS  SET
FORTH  IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE DEEMED
TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN  NO  CASE  SHALL  THE
FILING  OR  THE  PENDENCY  OF  AN APPEAL DELAY THE IMPLEMENTATION OF THE
COMMISSIONER'S DETERMINATION.
  M. (1) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO THE
CONTRARY, IF A SCHOOL DISTRICT DOES  NOT  HAVE  AN  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEW  PLAN  APPROVED  BY  THE  COMMISSIONER OR DETERMINED
PURSUANT TO THIS PARAGRAPH IN PLACE ON OR  BEFORE  JULY  FIRST  FOR  THE
CURRENT  SCHOOL YEAR, SUCH SCHOOL DISTRICT AND THE COLLECTIVE BARGAINING
REPRESENTATIVES REPRESENTING CLASSROOM TEACHERS OR  BUILDING  PRINCIPALS
SHALL  SUBMIT WRITTEN EXPLANATIONS OF THEIR RESPECTIVE POSITIONS REGARD-
ING SUCH ISSUES TO THE COMMISSIONER BY SUCH DATE.
  (2) IF SUCH SCHOOL DISTRICT  DOES  NOT  HAVE  AN  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEW  PLAN  APPROVED  BY  THE  COMMISSIONER OR DETERMINED
PURSUANT TO THIS PARAGRAPH IN PLACE ON OR  BEFORE  JULY  FIRST  FOR  THE
CURRENT  SCHOOL  YEAR, THE COMMISSIONER SHALL ARBITRATE SUCH DISPUTE AND
SHALL PROVIDE FOR THE STANDARDS AND PROCEDURES  NECESSARY  TO  ARBITRATE
AND IMPLEMENT AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN PURSUANT TO
THIS  SECTION. THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL, OR
BY SUCH REPRESENTATIVES AS THEY MAY DESIGNATE. THE PARTIES MAY  PRESENT,
ORALLY OR IN WRITING, STATEMENTS OF FACT, SUPPORTING WITNESSES AND OTHER
EVIDENCE,  AND ARGUMENTS. THE COMMISSIONER MAY REQUIRE THE PRODUCTION OF
SUCH ADDITIONAL EVIDENCE FROM THE PARTIES  AND  SHALL  PROVIDE,  AT  THE
REQUEST  OF EITHER PARTY, THAT A FULL AND COMPLETE RECORD BE KEPT OF ANY
PROCEEDINGS AND MATERIAL SUBMITTED, THE COST OF SUCH RECORD TO BE SHARED
EQUALLY BY THE PARTIES.
  (3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY, THE COMMISSIONER SHALL RENDER A FINAL AND BINDING WRITTEN
DETERMINATION ON OR BEFORE SEPTEMBER FIRST, PRESCRIBING  SUCH  STANDARDS
AND PROCEDURES NECESSARY TO IMPLEMENT AN ANNUAL PROFESSIONAL PERFORMANCE
REVIEW  PLAN PURSUANT TO THIS SECTION EFFECTIVE FOR THE FOLLOWING SCHOOL
YEAR FOR A TERM TO BE DETERMINED BY THE  COMMISSIONER.    SUCH  DETERMI-
NATION  SHALL  BE  LIMITED  TO  THE  REQUIREMENTS OF THIS SECTION.   THE
COMMISSIONER SHALL SPECIFY IN HIS OR HER DETERMINATION THE BASIS FOR HIS
OR HER FINDINGS, TAKING INTO CONSIDERATION ALL RELEVANT FACTORS, INCLUD-
ING THE BEST INTEREST OF STUDENTS. SUCH DETERMINATION SHALL BE DEEMED TO
CONSTITUTE THE SUBMISSION  BY  SUCH  SCHOOL  DISTRICT  OF  DOCUMENTATION
DEMONSTRATING THAT IT HAS FULLY IMPLEMENTED THE STANDARDS AND PROCEDURES
FOR  CONDUCTING  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS OF CLASSROOM
TEACHERS AND BUILDING PRINCIPALS IN ACCORDANCE WITH THE REQUIREMENTS  OF
THIS SECTION AND FINAL APPROVAL OF SUCH SCHOOL DISTRICT'S ANNUAL PROFES-
SIONAL  PERFORMANCE  REVIEW  PLAN IN ACCORDANCE WITH PARAGRAPH K OF THIS
SUBDIVISION.
  (4) NO LATER THAN TEN DAYS AFTER RECEIPT OF THE COMMISSIONER'S  DETER-
MINATION,  THE  PARTIES  MAY  MAKE  AN APPLICATION TO THE NEW YORK STATE
SUPREME COURT TO VACATE OR MODIFY THE DETERMINATION OF THE  COMMISSIONER
PURSUANT  TO  SECTION  SEVENTY-FIVE HUNDRED ELEVEN OF THE CIVIL PRACTICE
LAW AND RULES. THE COURT'S REVIEW SHALL BE LIMITED TO  THE  GROUNDS  SET
FORTH  IN SUCH SECTION. THE COMMISSIONER'S DETERMINATION SHALL BE DEEMED
TO BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN  NO  CASE  SHALL  THE
FILING  OR  THE  PENDENCY  OF  AN APPEAL DELAY THE IMPLEMENTATION OF THE
COMMISSIONER'S DETERMINATION.
  S 8. The closing paragraph of subdivision 5-a of section 3602  of  the
education  law,  as amended by section 27 of part A of chapter 58 of the
laws of 2011, is amended to read as follows:

S. 2607--C                         10

  For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the  product  of
fifteen  percent  and  the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand  eight  school
year.  For  the two thousand nine--two thousand ten through two thousand
[twelve] FOURTEEN--two thousand [thirteen] FIFTEEN  school  years,  each
school  district  shall  be  entitled  to  an apportionment equal to the
amount set forth for such school district as  "SUPPLEMENTAL  PUB  EXCESS
COST"  under  the  heading  "2008-09  BASE  YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of  the  budget
for  the  two  thousand  nine--two thousand ten school year and entitled
"SA0910".
  S 9. Subdivision 9 of section 3602 of the education law, as amended by
section 16 of part B of chapter 57 of the laws of 2007,  is  amended  to
read as follows:
  9.  Aid  for conversion to full day kindergarten. School districts may
make available full day kindergarten programs for all  children  wishing
to  attend such programs[,].  For aid payable in the two thousand seven-
-two thousand eight school year and thereafter, school  districts  which
provided  any  half-day  kindergarten  programs  or  had no kindergarten
programs in the nineteen hundred  ninety-six--ninety-seven  school  year
and  in  the  base  year,  AND  WHICH HAVE NOT RECEIVED AN APPORTIONMENT
PURSUANT TO THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall  be  eligible
for  aid  equal to the product of the district's selected foundation aid
calculated pursuant to subdivision four of this  section  multiplied  by
the positive difference resulting when the full day kindergarten enroll-
ment  of children attending programs in the district in the base year is
subtracted from such enrollment in the current year.
  S 10. Subdivision 12 of section 3602 of the education law, as  amended
by section 35 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
  12. Academic enhancement aid. A school district that as of April first
of  the base year has been continuously identified as a district in need
of improvement AND/OR A FOCUS DISTRICT for at least  five  years  shall,
for  the  two thousand eight--two thousand nine school year, be entitled
to an additional apportionment equal to the positive remainder, if  any,
of (a) the lesser of fifteen million dollars or the product of the total
foundation  aid  base,  as  defined by paragraph j of subdivision one of
this section, multiplied by ten percent (0.10), less  (b)  the  positive
remainder  of (i) the sum of the total foundation aid apportioned pursu-
ant to subdivision four of this section and the supplemental educational
improvement grants apportioned pursuant to subdivision eight of  section
thirty-six  hundred forty-one of this article, less (ii) the total foun-
dation aid base.
  For the two thousand  nine--two  thousand  ten  through  two  thousand
[twelve]  FOURTEEN--two  thousand  [thirteen] FIFTEEN school years, each
school district shall be entitled  to  an  apportionment  equal  to  the
amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
er listing produced by the commissioner in support of the budget for the
two  thousand  nine--two thousand ten school year and entitled "SA0910",
and such apportionment shall be deemed to satisfy the  state  obligation
to  provide  an  apportionment  pursuant to subdivision eight of section
thirty-six hundred forty-one of this article.
  S 11. Subdivision 16 of section 3602 of the education law, as  amended
by  section  18 of part B of chapter 57 of the laws of 2008, the opening

S. 2607--C                         11

paragraph as amended by section 36 of part A of chapter 58 of  the  laws
of  2011,  subparagraph 1 of paragraph a as further amended by section 1
of part W of chapter 56 of the laws of  2010,  is  amended  to  read  as
follows:
  16. High tax aid.  Each school district shall be eligible to receive a
high  tax  aid  apportionment  in the two thousand [eight] THIRTEEN--two
thousand [nine] FOURTEEN school year, which shall equal the  greater  of
(i)  the  sum of the tier 1 high tax aid apportionment[,] AND the tier 2
high tax aid apportionment [and the tier 3 high tax  aid  apportionment]
or  (ii)  [the  product  of]  the  [apportionment received by the school
district pursuant to this subdivision in  the  two  thousand  seven--two
thousand  eight school year, multiplied by the due-minimum factor, which
shall equal, for districts with an alternate pupil wealth ratio computed
pursuant to paragraph b of subdivision three of  this  section  that  is
less  than  two,  seventy  percent  (0.70), and for all other districts,
fifty percent (0.50).  Each school district shall be eligible to receive
a high tax aid apportionment in the two thousand nine--two thousand  ten
through  two  thousand twelve--two thousand thirteen school years in the
amount set forth for such school district as "HIGH TAX  AID"  under  the
heading  "2008-09  BASE  YEAR  AIDS"  in the school aid computer listing
produced by the commissioner in support of the budget for the two  thou-
sand  nine--two  thousand ten school year and entitled "SA0910".] AMOUNT
SET FORTH FOR SUCH SCHOOL DISTRICT AS "HIGH TAX AID" UNDER  THE  HEADING
"2012-13  ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE  COMMISSIONER  IN  SUPPORT  OF  THE  BUDGET  FOR  THE  TWO  THOUSAND
TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND ENTITLED "SA121-3".
  IN  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND
THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
AID APPORTIONMENT IN THE AMOUNT SET FORTH FOR SUCH  SCHOOL  DISTRICT  AS
"HIGH  TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL
AID COMPUTER LISTING PRODUCED BY THE  COMMISSIONER  IN  SUPPORT  OF  THE
EXECUTIVE  BUDGET  REQUEST  SUBMITTED FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SABT131-4".
  a. Definitions. (1) "Residential real property tax  levy"  shall  mean
the school tax levy imposed on residential property, including condomin-
ium  properties,  in  the year commencing in the calendar year two years
prior to the calendar year in which  the  base  year  began.  The  final
update  of  such  data shall be reported by the commissioner of taxation
and finance to the commissioner by February fifteenth of the base  year.
The  commissioner  of  taxation  and  finance shall adopt regulations as
appropriate to assure the  appropriate  collection,  classification  and
reporting  of  such  data  for  the  purposes of paying state aid to the
schools.
  (2) "Adjusted gross income" shall mean the adjusted gross income of  a
school district as used in computation of the district's alternate pupil
wealth  ratio  pursuant  to  paragraph  b  of  subdivision three of this
section, provided, however, that for the computation  of  apportionments
pursuant  to  this  subdivision,  the adjusted gross income of a central
high school district shall not equal  the  sum  of  the  adjusted  gross
income of each of its component school districts.
  (3) "Tax effort ratio" shall mean the quotient of the district's resi-
dential  real property tax levy divided by the district's adjusted gross
income computed to five decimals without rounding.
  (4) "Tier 1 eligible school district" shall mean any  school  district
in  which (i) the income wealth index, as computed pursuant to paragraph
d of subdivision three of this section, is less than [two and  one-half]

S. 2607--C                         12

NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
pupil,  as  computed  pursuant to paragraph f of subdivision one of this
section, is greater than NINETY-FIVE AND FIVE-TENTHS PERCENT  (.955)  OF
the statewide average expense per pupil as computed pursuant to subdivi-
sion  five  of  this  section, and (iii) the tax effort ratio is greater
than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
(.045).  For the [two thousand eight--two thousand  nine]  TWO  THOUSAND
THIRTEEN--TWO  THOUSAND FOURTEEN school year, for the purpose of comput-
ing aid pursuant to this subdivision, the statewide average expense  per
pupil  shall be [ten thousand six hundred fifty dollars] TWELVE THOUSAND
FIVE HUNDRED DOLLARS.
  (5) "Tier 2 eligible school district" shall mean any  school  district
in  which  the  tax  effort  ratio  is greater than five AND FIVE-TENTHS
percent (.055).
  [(6) "Tier 3 eligible school district" shall mean any school  district
in  which  (i)  the  quotient  of (a) the actual valuation of the school
district divided by its total wealth pupil units  computed  pursuant  to
subparagraph  one  of  paragraph a of subdivision three of this section,
divided by (b) the adjusted gross income of a school district divided by
its total wealth pupil units computed pursuant to  subparagraph  one  of
paragraph  b  of subdivision three of this section, is greater than four
and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed
pursuant to subparagraph one of paragraph c of subdivision three of this
section is less than six, and (iii) the regional cost  index  determined
pursuant  to subparagraph two of paragraph a of subdivision four of this
section is greater than one and three-tenths (1.3).]
  b. Tier 1 high tax aid apportionment. For any tier 1  eligible  school
district, the tier 1 high tax aid apportionment shall be [the greater of
(1)]  the  product  of  the  public  school  district  enrollment of the
district in the base year, as computed pursuant to subparagraph  two  of
paragraph  n of subdivision one of this section, multiplied by the prod-
uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
sharing ratio[, or (2) one hundred thousand dollars]  COMPUTED  PURSUANT
TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
  c.  Tier  2 high tax aid apportionment. For any tier 2 eligible school
district, the tier 2 high tax aid apportionment shall be the product  of
(i)  the  public  school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of  subdi-
vision  one of this section, multiplied by (ii) one hundred [eighty-one]
NINETY-FIVE thousandths [(0.181)] (0.195) multiplied by (iii) the  posi-
tive  difference, if any, of the expense per pupil, as computed pursuant
to paragraph f of subdivision one of this section,  less  [ten  thousand
six  hundred  sixty]  THIRTEEN THOUSAND ONE HUNDRED TWENTY-FIVE dollars,
multiplied by (iv) an aid ratio computed by  subtracting  from  one  AND
THIRTY-SEVEN  HUNDREDTHS  (1.37) the product obtained by multiplying the
alternate pupil wealth ratio computed pursuant to  subparagraph  one  of
paragraph  b of subdivision three of this section by [sixty percent] ONE
AND TWENTY-THREE HUNDREDTHS (1.23), provided,  however,  that  such  aid
ratio  shall  not  be less than zero nor greater than one, multiplied by
(v) the regional cost index COMPUTED PURSUANT  TO  SUBPARAGRAPH  TWO  OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
  [d.  Tier 3 high tax aid apportionment. For any tier 3 eligible school
district, the tier 3 high tax aid apportionment shall be the product  of
(i)  the  public  school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of  subdi-

S. 2607--C                         13

vision one of this section, multiplied by (ii) fifty-two dollars, multi-
plied by (iii) the regional cost index.]
  S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
law,  as added by section 6 of part A of chapter 57 of the laws of 2012,
is amended and three new paragraphs f, g and h  are  added  to  read  as
follows:
  [(e)] E. The gap elimination adjustment restoration amount for the two
thousand  thirteen--two  thousand  fourteen  school  year and thereafter
[shall equal the product of the  gap  elimination  percentage  for  such
district  and  the  gap  elimination  adjustment  restoration allocation
established pursuant to subdivision eighteen of this section]  SHALL  BE
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
BUDGET FOR THE 2013-2014 STATE FISCAL YEAR AND  ENTITLED  "SA131-4"  AND
SHALL EQUAL THE SUM OF:
  (I)  THE  "TIER  1  RESTORATION"  WHICH  SHALL MEAN THE SUM OF (A) THE
GREATER OF: (A) THE PRODUCT OF (1)  THE  PRODUCT  OF  THE  EXTRAORDINARY
NEEDS  INDEX  MULTIPLIED  BY  TWO  HUNDRED  TEN DOLLARS AND TWENTY CENTS
COMPUTED TO TWO DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY  (2)  THE
STATE  SHARING  RATIO  COMPUTED  PURSUANT  TO PARAGRAPH G OF SUBDIVISION
THREE OF THIS SECTION MULTIPLIED  BY  (3)  THE  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH  N OF SUBDIVISION ONE OF THIS SECTION, WHERE THE EXTRAORDINARY
NEEDS INDEX SHALL BE THE QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT FOR
THE DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS  (.534);  OR
(B)  THE  PRODUCT  OF  FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND
THIRTEEN  SCHOOL  YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION AND (B) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF  ONE
AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
WEALTH  RATIO  COMPUTED  PURSUANT  TO SUBPARAGRAPH ONE OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION MULTIPLIED  BY  ONE  AND  TWENTY-THREE
HUNDREDTHS  (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT ENROLL-
MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH N OF SUBDIVISION ONE OF THIS  SECTION,  MULTIPLIED  BY  (3)  FIFTY
DOLLARS;  BUT  SHALL  BE  NO  GREATER  THAN THE PRODUCT OF FORTY-TWO AND
FIVE-TENTHS PERCENT (0.425) AND THE GAP ELIMINATION ADJUSTMENT  FOR  THE
TWO  THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT
AND SHALL BE NO LESS THAN THE AMOUNT SET FORTH FOR SUCH SCHOOL  DISTRICT
AS  "GEA  RESTORATION" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE   EXECUTIVE   BUDGET   REQUEST   SUBMITTED   FOR  THE  TWO  THOUSAND
THIRTEEN--TWO  THOUSAND  FOURTEEN  STATE  FISCAL   YEAR   AND   ENTITLED
"BT131-4"; AND
  (II)  THE "TIER 2 RESTORATION" WHICH SHALL MEAN FOR DISTRICTS WITH (1)
A COMBINED WEALTH RATIO OF  LESS  THAN  ONE  AND  THIRTY-TWO  HUNDREDTHS
(1.32)  AND  (2)  AN  ENROLLMENT  PER  SQUARE  MILE  WHICH  SHALL BE THE
QUOTIENT, COMPUTED TO TWO  DECIMALS  WITHOUT  ROUNDING,  OF  THE  PUBLIC
SCHOOL  ENROLLMENT  OF  THE  SCHOOL  DISTRICT ON THE DATE ENROLLMENT WAS
COUNTED IN ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION FOR THE  BASE
YEAR  DIVIDED  BY THE SQUARE MILES OF THE DISTRICT, AS DETERMINED BY THE
COMMISSIONER, OF LESS THAN ONE HUNDRED AND TWENTY AND (3) DESIGNATED  AS
HIGH  NEED OR AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF
PARAGRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION  FOR  THE  SCHOOL  AID
COMPUTER  LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED

S. 2607--C                         14

BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT  SCHOOL  YEAR  AND
ENTITLED  "SA0708" AND (4) A TIER ONE RESTORATION WHICH EQUALS LESS THAN
TWENTY-EIGHT PERCENT (.28) OF THE GAP ELIMINATION ADJUSTMENT FOR THE TWO
THOUSAND  TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED BASED ON
AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR  AND  ENTI-
TLED  "SA121-3", THE POSITIVE DIFFERENCE IF ANY, OF THE PRODUCT OF TWEN-
TY-EIGHT PERCENT (0.28) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR
THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR  AS  COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET
FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND
ENTITLED "SA121-3" MINUS THE TIER 1 RESTORATION; AND
  (III) THE "TIER 3 RESTORATION" SHALL MEAN (1)  FOR  DISTRICTS  WITH  A
COMBINED  WEALTH  RATIO  OF LESS THAN ONE AND TWO TENTHS (1.2) AND WHERE
THE QUOTIENT OF THE POSITIVE DIFFERENCE OF THE GAP  ELIMINATION  ADJUST-
MENT  FOR  THE  TWO  THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AS
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED
BUDGET  FOR  THE  TWO  THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL
YEAR AND ENTITLED "SA111-2" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AS COMPUTED BASED
ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LIST-
ING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  ENACTED  BUDGET  FOR
THE  TWO  THOUSAND  TWELVE--TWO  THOUSAND THIRTEEN STATE FISCAL YEAR AND
ENTITLED "SA121-3" DIVIDED BY THE GAP ELIMINATION ADJUSTMENT FOR THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR AS COMPUTED BASED ON AN
ELECTRONIC DATA FILE USED TO PRODUCE THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND  ENTITLED
"SA111-2"  IS  LESS THAN OR EQUAL TO SEVENTY-FIVE HUNDREDTHS (.075), THE
POSITIVE DIFFERENCE OF THE PRODUCT OF TWENTY PERCENT (.20) MULTIPLIED BY
THE GAP ELIMINATION ADJUSTMENT FOR THE 2012-2013 SCHOOL YEAR AS COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  ENACTED  BUDGET
FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND
ENTITLED  "SA121-3" MINUS THE SUM OF THE TIER 1 RESTORATION AND THE TIER
2 RESTORATION; OR (2)  FOR  ALL  OTHER  SCHOOL  DISTRICTS  THE  POSITIVE
DIFFERENCE  OF THE PRODUCT OF TEN AND EIGHT TENTHS PERCENT (.108) MULTI-
PLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND  TWELVE  --
TWO  THOUSAND  THIRTEEN  SCHOOL  YEAR AS COMPUTED BASED ON AN ELECTRONIC
DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY
THE  COMMISSIONER  IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN STATE FISCAL YEAR AND  ENTITLED  "SA121-3"
MINUS THE SUM OF THE TIER 1 RESTORATION AND THE TIER 2 RESTORATION; AND
  (IV)  FOR  SCHOOL DISTRICTS DESIGNATED AS HIGH NEED URBAN-SUBURBAN AND
HIGH NEED RURAL PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF  PARAGRAPH
C  OF  SUBDIVISION  SIX OF THIS SECTION DESIGNATED AS CODES "1", "3" AND
"4" FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND
EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THE PRODUCT OF (A) ONE  HUNDRED
TEN  DOLLARS  ($110),  MULTIPLIED  BY  (B)  THE  BASE YEAR PUBLIC SCHOOL
DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF  SUBDIVISION
ONE OF THIS SECTION; AND

S. 2607--C                         15

  (V)  FOR  SCHOOL  DISTRICTS  THAT ARE (1) DESIGNATED AS LOW OR AVERAGE
NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING  PRODUCED
BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU-
SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" AND (2)
DESIGNATED  AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER
IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  ENACTED  BUDGET
FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR
AND ENTITLED "SA131-4", THE POSITIVE DIFFERENCE OF THE AMOUNT SET  FORTH
FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEAD-
ING "2011-12 BASE YEAR AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY  THE  COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU-
SAND TWELVE--TWO  THOUSAND  THIRTEEN  STATE  FISCAL  YEAR  AND  ENTITLED
"SA121-3"  MINUS  THE  PRODUCT  OF  SIX AND EIGHT-TENTHS PERCENT (0.068)
MULTIPLIED BY  THE  TOTAL  GENERAL  FUND  EXPENDITURES  OF  SUCH  SCHOOL
DISTRICT FOR THE TWO THOUSAND TEN-TWO THOUSAND ELEVEN SCHOOL YEAR; AND
  (VI)  FOR A DISTRICT DESIGNATED AS AVERAGE NEED PURSUANT TO CLAUSE (C)
OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX  OF  THIS  SECTION
FOR THE SCHOOL AID COMPUTER LISTING PRODUCED FOR THE SCHOOL AID COMPUTER
LISTING  PRODUCED  BY  THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET
FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND  ENTITLED
"SA0708"  AND  A  COMBINED WEALTH RATIO LESS THAN EIGHT TENTHS (.8), THE
PRODUCT OF (A) TWENTY-FIVE DOLLARS ($25), MULTIPLIED  BY  (B)  THE  BASE
YEAR  PUBLIC  SCHOOL  DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARA-
GRAPH N OF SUBDIVISION ONE OF THIS SECTION. PROVIDED FURTHER  THAT  SUCH
GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND THIR-
TEEN--TWO  THOUSAND  FOURTEEN  SCHOOL  YEAR  SHALL  NOT BE LESS THAN ONE
HUNDRED THOUSAND DOLLARS ($100,000) OR  MORE  THAN  FORTY-TWO  AND  FIVE
TENTHS  PERCENT  (.425) OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT
AS "GAP ELIMINATION ADJUSTMENT" UNDER  THE  HEADING  "2012-13  ESTIMATED
AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
SUPPORT  OF THE ENACTED BUDGET FOR THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN STATE FISCAL YEAR AND ENTITLED "SA121-3".
  F. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE  GAP  ELIMINATION
ADJUSTMENT  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR SHALL EQUAL SIXTY-SIX PERCENT (0.66) OF THE GAP ELIMINATION ADJUST-
MENT FOR SUCH DISTRICT FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN SCHOOL YEAR.
  G. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE  GAP  ELIMINATION
ADJUSTMENT  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR SHALL EQUAL FIFTY PERCENT (0.50) OF THE GAP ELIMINATION  ADJUSTMENT
FOR  SUCH  DISTRICT  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR.
  H. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY THE  GAP  ELIMINATION
ADJUSTMENT  FOR  THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR SHALL EQUAL ZERO.
  S 13. Intentionally omitted.
  S 14. Intentionally omitted.
  S 15. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district

S. 2607--C                         16

who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.
  S 16. Section 3641 of the education law is amended  by  adding  a  new
subdivision 6-a to read as follows:
  6-A.  COMMUNITY  SCHOOL GRANTS.  A. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON  CHIL-
DREN  AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE STATE
COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A  PLAN
THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED  ACADEMIC,  HEALTH,  NUTRITION,  COUNSELING,  LEGAL AND/OR
OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
  (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
  (II) THE SCORING RUBRIC BY WHICH SUCH  PROPOSALS  WILL  BE  EVALUATED,
PROVIDED  THAT  SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING,
BUT NOT LIMITED TO: MEASURES OF SCHOOL DISTRICT NEED;  MEASURES  OF  THE
NEED  OF  STUDENTS  TO  BE  SERVED  BY EACH OF THE SCHOOL DISTRICTS; THE
SCHOOL DISTRICT'S PROPOSAL  TO  TARGET  THE  HIGHEST  NEED  SCHOOLS  AND
STUDENTS;  THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS PROGRAM;
AND PROPOSAL QUALITY;
  (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
  (IV) THE MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE  AWARD  WILL
BE DETERMINED;
  (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
  (VI)  THE  PERFORMANCE  BENCHMARKS  THAT  WILL  TRIGGER PAYMENT OF SET
PERCENTAGES OF THE TOTAL AWARD.
  (2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
FACTORS INCLUDING, BUT NOT LIMITED TO:
  (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL  WOULD  PROVIDE
SUCH  COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
NON-PROFIT ORGANIZATIONS;
  (II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE  FOR  DELIVERY  OF
SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
  (III)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY  OUTCOMES;
AND
  (IV)  THE  EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW
EXISTING FUNDING STREAMS AND PROGRAMS WOULD  BE  USED  TO  PROVIDE  SUCH
COMMUNITY SERVICES.

S. 2607--C                         17

  B.  A  RESPONSE  TO  A  REQUEST  FOR PROPOSALS ISSUED PURSUANT TO THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
  C.  THE  AMOUNT  OF  THE  GRANT AWARD SHALL BE DETERMINED BY THE STATE
COUNCIL ON CHILDREN AND FAMILIES, CONSISTENT  WITH  THE  PLAN  DEVELOPED
PURSUANT  TO  PARAGRAPH  A  OF  THIS  SUBDIVISION, EXCEPT THAT NO SINGLE
DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL  AMOUNT  OF
GRANT  AWARDS  MADE  PURSUANT  TO THIS SUBDIVISION; AND PROVIDED FURTHER
THAT THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL  BE
FIVE  HUNDRED  THOUSAND  DOLLARS;  AND  PROVIDED FURTHER THAT THE AMOUNT
AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER TIME  UPON  ACHIEVEMENT
OF  THE  PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET FORTH PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION; AND PROVIDED FURTHER  THAT  NONE  OF
THE  GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT
EXISTING FUNDING.
  D. NOTWITHSTANDING ANY STATE LAW OR REGULATION TO  THE  CONTRARY,  ANY
EXECUTIVE  AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON CHILDREN
AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
AND REGULATION,  TO  PRIORITIZE  APPLICATIONS  THAT  CO-LOCATE  OR  LINK
PROGRAMMING  RELEVANT  TO  THE PROVISION OF SERVICES IDENTIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION.
  S 17. Intentionally omitted.
  S 18. Intentionally omitted.
  S 19. Intentionally omitted.
  S 20. Intentionally omitted.
  S 21. Subdivision 6 of section 4402 of the education law,  as  amended
by section 12 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred  ninety-five--nine-
ty-six  through  June thirtieth, two thousand [thirteen] FOURTEEN of the
[two thousand twelve--two thousand thirteen] TWO THOUSAND  THIRTEEN--TWO
THOUSAND  FOURTEEN school year, be authorized to increase class sizes in
special classes containing students with disabilities whose  age  ranges
are  equivalent  to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by  up  to  but
not to exceed one and two tenths times the applicable maximum class size
specified  in  regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school  district  having  a  popu-
lation of one million or more, classes that have a maximum class size of
fifteen  may  be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum  specified
in  the  applicable  regulation,  provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization  shall  be
granted  upon  filing  of a notice by such a board of education with the
commissioner stating the board's intention to increase such class  sizes
and  a  certification  that the board will conduct a study of attendance
problems at the secondary level and will implement a  corrective  action

S. 2607--C                         18

plan  to  increase the rate of attendance of students in such classes to
at least the rate for students attending regular  education  classes  in
secondary  schools of the district. Such corrective action plan shall be
submitted  for  approval by the commissioner by a date during the school
year in which such board increases class sizes as provided  pursuant  to
this  subdivision  to  be  prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after  conclusion  of  the
school year in which such board increases class sizes as provided pursu-
ant  to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that  the  board  has  failed  to
develop or implement an approved corrective action plan.
  S  22.  The education law is amended by adding a new section 4403-a to
read as follows:
  S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1.  A  LOCAL  SCHOOL  DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT  AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS  ARTICLE,  AND  REGULATIONS  PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS  IN
ADVANCE  OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2. BEFORE SUBMITTING AN APPLICATION FOR A  WAIVER,  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE  SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE  PARENTS  OR
PERSONS  IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED.  SUCH NOTICE SHALL BE IN  A  FORM  AND  MANNER
THAT  WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP
WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
AND SHALL INCLUDE INFORMATION ON THE FORM,  MANNER  AND  DATE  BY  WHICH
PARENTS  MAY  SUBMIT  WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH  PARENTS  AND
PERSONS  IN  PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL
INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN  COMMENTS  RECEIVED  FROM
SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S 23. Intentionally omitted.

S. 2607--C                         19

  S  24.  Subparagraph  (ii) of paragraph c of subdivision 11 of section
4410 of the education law, as amended by chapter  205  of  the  laws  of
2009, is amended to read as follows:
  (ii)  Payments  made pursuant to this section by a municipality shall,
upon conclusion of the July first to  June  thirtieth  school  year  for
which  such  payment  was  made,  be subject to audit against the actual
difference between such audited expenditures and revenues.  The  munici-
pality  shall  submit  the results of any such audit to the commissioner
and the commissioner of social services, if appropriate, for review and,
if warranted, adjustment of the tuition and/or maintenance rates.    The
municipality is authorized to recover overpayments made to a provider of
special  services  or programs pursuant to this section as determined by
the commissioner or the commissioner of health based upon their  adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE  PAID  ONE  HUNDRED PERCENT OF THE DISALLOWED COSTS.  Such recovery
may be accomplished by withholding such amount from any moneys  due  the
provider in the current year, or by direct reimbursement.
  S 25. Intentionally omitted.
  S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion  law  relating to the lease of school buses by school districts, as
amended by section 71 of part A of chapter 58 of the laws  of  2011,  is
amended to read as follows:
  S  7.  This  act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2013] 2015.
  S 27. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
13  of  part  A of chapter 57 of the laws of 2012, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of  this  section  [for the 2009-10 school year shall not exceed 64.1
percent of the lesser of such approvable costs per contact hour or elev-
en dollars and fifty cents per  contact  hour,  reimbursement]  for  the
2010--2011  school  year  shall not exceed 62.6 percent of the lesser of
such approvable costs per contact hour or twelve dollars and five  cents
per contact hour, reimbursement for the 2011--2012 school year shall not
exceed  62.9  percent of the lesser of such approvable costs per contact
hour or twelve  dollars  and  fifteen  cents  per  contact  hour,  [and]
reimbursement  for  the  2012--2013  school  year  shall not exceed 63.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
FOR  THE  2013--2014  SCHOOL  YEAR  SHALL NOT EXCEED 62.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE  DOLLARS  AND
FIFTY  CENTS  PER  CONTACT  HOUR,  where a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary,  [for  the  2009-10
school  year  such  contact  hours  shall  not  exceed one million seven
hundred sixty--three thousand  nine  hundred  seven  (1,763,907)  hours;
whereas]  for  the  2010--2011  school year such contact hours shall not
exceed one million five hundred twenty-five thousand one  hundred  nine-
ty-eight  (1,525,198) hours; whereas for the 2011--2012 school year such
contact hours shall not exceed one million seven  hundred  one  thousand
five  hundred  seventy  (1,701,570)  hours;  whereas  for the 2012--2013
school year such contact hours shall not exceed one million six  hundred
sixty-four  thousand  five hundred thirty-two (1,664,532) hours; WHEREAS

S. 2607--C                         20

FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT  EXCEED  ONE
MILLION  FOUR  HUNDRED  EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
Notwithstanding any other provision of law to the contrary,  the  appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed  as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
ble for aid in accordance with the provisions of such subdivision 11  of
section 3602 of the education law.
  S  28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion r to read as follows:
  R. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR.  NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
  S  29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 15 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2013] 2014.
  S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 17 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2014] 2015.
  S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by section 18 of part A of chapter 57
of the laws of 2012, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2013] 2014 at which time it shall be deemed repealed;

S. 2607--C                         21

  (24) sections one hundred eighteen through one hundred thirty of  this
act  shall  be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be  deemed  to  be
repealed on and after July 1, [2013] 2014;
  S  32.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 20 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
upon such date the provisions of this act shall be deemed repealed.
  S 33. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the  provision of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 21 of part A of chapter 57 of the laws  of  2012,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2013] 2014.
  S 34. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 22 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2013] 2014.
  S 35. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2013--2014 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative  education  services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 36. Support of public libraries. The  moneys  appropriated  for  the
support  of public libraries by the chapter of the laws of 2013 enacting
the aid to localities budget shall be  apportioned  for  the  2013--2014
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions of this chapter and the provisions of this act, provided that
library  construction aid pursuant to section 273-a of the education law
shall not be payable from the appropriations for the support  of  public
libraries  and  provided  further  that  no  library,  library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received  for  the  year  2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2013--2014
by a chapter of the laws of 2013 enacting the aid to  localities  budget
shall  fulfill  the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations  shall  be  reduced  proportionately  to

S. 2607--C                         22

assure  that  the  total amount of aid payable does not exceed the total
appropriations for such purpose.
  S  37.  Special apportionment for salary expenses.  a. Notwithstanding
any other provision of law, upon  application  to  the  commissioner  of
education,  not  sooner  than  the first day of the second full business
week of June, 2014 and not later than the last day  of  the  third  full
business  week  of  June, 2014, a school district eligible for an appor-
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this  section,  for  the  school
year  ending June 30, 2014, for salary expenses incurred between April 1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of  1990--1991  as  determined  by  the
commissioner  of  education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June  30,  1993,
plus  (ii)  186  percent  of such amount for a city school district in a
city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
209  percent  of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such  apportionment  shall  not
exceed  such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city  with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-

S. 2607--C                         23

graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  38. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2014, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2014 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  39.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.

S. 2607--C                         24

  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 40. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such board for the 2013--2014 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  41.  The amounts specified in this section shall be a setaside from
the state funds which each such district is  receiving  from  the  total
foundation aid:
  a.  for  the  purpose  of the development, maintenance or expansion of
magnet schools or magnet school programs for the 2013--2014 school year.
To the city school district of the city of New York there shall be  paid
forty-eight   million   one   hundred   seventy-five   thousand  dollars
($48,175,000) including five hundred thousand dollars ($500,000) for the
Andrew Jackson High School; to the Buffalo city school  district,  twen-
ty-one  million  twenty-five  thousand  dollars  ($21,025,000);  to  the
Rochester city school district, fifteen million  dollars  ($15,000,000);
to   the   Syracuse  city  school  district,  thirteen  million  dollars
($13,000,000); to the Yonkers city school district,  forty-nine  million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,   four   million   six  hundred  forty-five  thousand  dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
city  school  district,  two  million  dollars  ($2,000,000); to the New
Rochelle city school district, one million  four  hundred  ten  thousand
dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one  hundred  fifty  thousand  dollars
($1,150,000);  to  the  White  Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school  district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two

S. 2607--C                         25

hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000).
  b.  notwithstanding the provisions of subdivision a of this section, a
school district receiving a grant pursuant to this section may use  such
grant  funds  for:  (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii)  any  instruc-
tional  or instructional support costs associated with implementation of
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school  districts  having  substantial  concen-
trations  of  minority students. The commissioner of education shall not
be authorized to withhold magnet grant funds from a school district that
used such funds in accordance with this paragraph,  notwithstanding  any
inconsistency with a request for proposals issued by such commissioner.
  c.  for  the  purpose of attendance improvement and dropout prevention
for the 2013--2014 school year, for any city school district in  a  city
having  a  population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the base year. For the 2013--2014 school year, it is further provided
that any city school district in a city having a population of more than
one million shall allocate at least one-third of any increase from  base
year  levels  in  funds  set  aside pursuant to the requirements of this
subdivision to  community-based  organizations.  Any  increase  required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
  d.  for the purpose of teacher support for the 2013--2014 school year:
to the city school district of the city of New York,  sixty-two  million
seven  hundred seven thousand dollars ($62,707,000); to the Buffalo city
school district, one million seven hundred  forty-one  thousand  dollars
($1,741,000);  to the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and to the Syracuse city school  district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among  teach-
ers  including prekindergarten teachers and teachers of adult vocational
and academic subjects in accordance with this subdivision and  shall  be
in  addition  to  salaries  heretofore  or  hereafter negotiated or made
available; provided, however, that all  funds  distributed  pursuant  to
this  section  for  the  current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section  3602  of
the  education law for prior years. In school districts where the teach-
ers are represented by certified or recognized  employee  organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and  procedures  of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and  a
certified or recognized employee organization.
  S  42.  Subdivision 8 of section 4401 of the education law, as amended
by chapter 57 of the laws of 1993, is amended to read as follows:
  8. "School district basic contribution" shall mean an amount equal  to
the  total  school district local property and non-property tax levy for
the base year divided by the base year public school district enrollment
of resident pupils of the school district as defined in paragraph  n  of
subdivision  one  of  section  thirty-six  hundred  two of this chapter,

S. 2607--C                         26

EXCEPT THAT FOR THE TWO THOUSAND TWELVE--TWO  THOUSAND  THIRTEEN  SCHOOL
YEAR AND THEREAFTER, SUCH TAX LEVY FOR THE BASE YEAR SHALL BE DIVIDED BY
THE  BASE YEAR PUPIL COUNT AS DETERMINED BY THE COMMISSIONER PURSUANT TO
PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER  FOR  ANY  SCHOOL  DISTRICT IN WHICH SUCH BASE YEAR PUPIL COUNT,
EXCLUDING PUPILS ATTENDING A CENTRAL HIGH SCHOOL DISTRICT,  EXCEEDS  ONE
HUNDRED  AND  FIFTY  PERCENT  OF  SUCH  BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT OF RESIDENT PUPILS AS DEFINED IN PARAGRAPH N  OF  SUBDIVISION
ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 43. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 44. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2013, provided,
however, that:
  1. Sections five and six of this act shall take effect immediately and
shall  be deemed to have been in full force and effect on and after July
1, 2010; provided, further, that the  amendments  to  subdivision  1  of
section 2856 of the education law made by section five of this act shall
be  subject to the expiration and reversion of such subdivision pursuant
to subdivision d of section 27 of chapter 378 of the laws  of  2007,  as
amended,  when  upon such date the provisions of section six of this act
shall take effect;
  2. Section nine of this act shall take effect July 1, 2014;
  3. Sections one, eleven, twelve,  fifteen,  twenty-one,  twenty-seven,
twenty-eight,  thirty-five,  forty-one  and  forty-two of this act shall
take effect July 1, 2013;
  4. The amendments to subdivision 6 of section 4402  of  the  education
law  made  by section twenty-one of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
  5. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education  in  New  York city, made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
  6. Section thirty-nine of this act shall expire and be deemed repealed
June 30, 2014.

                                PART A-1

  Section 1. Paragraph bb of subdivision 1 of section 3602 of the educa-
tion law, as added by section 25 of part A of chapter 58 of the laws  of
2011, is amended to read as follows:
  bb. "Personal income growth index" shall mean (1) for the two thousand
twelve--two  thousand thirteen school year, the average of the quotients
for each year in the period commencing with the two  thousand  five--two
thousand six state fiscal year and finishing with the two thousand nine-
-two  thousand ten state fiscal year of the total personal income of the

S. 2607--C                         27

state for each such year divided by the total  personal  income  of  the
state for the immediately preceding state fiscal year, but not less than
one  and (2) for the two thousand thirteen--two thousand fourteen school
year  [and  each  school  year  thereafter],  the  quotient of the total
personal income of the state for the state fiscal year one year prior to
the state fiscal year in which the base year commenced  divided  by  the
total  personal  income of the state for the immediately preceding state
fiscal year, but not less than one AND (3) FOR THE  TWO  THOUSAND  FOUR-
TEEN--TWO  THOUSAND FIFTEEN SCHOOL YEAR AND EACH SCHOOL YEAR THEREAFTER,
THE GREATER OF (I) THE AVERAGE, ROUNDED TO THREE DECIMAL PLACES, OF  THE
QUOTIENTS  OF  THE  TOTAL  PERSONAL  INCOME  OF THE STATE FOR EACH STATE
FISCAL YEAR IN THE TEN-YEAR PERIOD FINISHING WITH THE STATE FISCAL  YEAR
TWO  YEARS  PRIOR  TO  THE  STATE  FISCAL  YEAR  IN  WHICH THE BASE YEAR
COMMENCED DIVIDED BY THE TOTAL PERSONAL INCOME  OF  THE  STATE  FOR  THE
IMMEDIATELY  PRECEDING STATE FISCAL YEAR, ROUNDED TO THREE DECIMAL PLAC-
ES, OR (II) ONE.
  S 2. Clauses (c) and (d) of subparagraph 5 of paragraph e of  subdivi-
sion  6  of  section 3602 of the education law, clause (c) as amended by
section 1 of part F of chapter 383 of the laws of 2001 and clause (d) as
amended by section 30 of part A of chapter 58 of the laws of  2011,  are
amended to read as follows:
  (c) [Periodically, but at least at the end of each ten year segment of
an assumed amortization established pursuant to subparagraphs two, three
and  four of this paragraph, the commissioner shall revise the remaining
scheduled semiannual payments of the outstanding principal and  interest
of  such  assumed amortization, other than the outstanding principal and
interest of refunding bonds where the district can  demonstrate  to  the
commissioner that it is precluded by state or federal law, rule or regu-
lation  from  refinancing such outstanding principal and interest, based
on the interest rates applicable for the current year if the  difference
of  the  interest  rate  upon which the existing assumed amortization is
based minus such interest rate applicable for the current year is  equal
to or greater than one quarter of one-one hundredth.
  (d)]  Notwithstanding any other law, rule or regulation to the contra-
ry, any interest rate calculated under this subdivision shall take  into
account  any federal subsidy payments made or to be made to the applica-
ble school district or an issuer on behalf of the school district  under
the  terms  of  a  federally  authorized  debt instrument which have the
effect of reducing the actual interest  costs  incurred  by  the  school
district  or an issuer on behalf of the school district over the life of
such capital debt, irrespective of any federal government right of  set-
off.
  S  3.  Section 31 of part A of chapter 57 of the laws of 2012 relating
to submission of school construction final cost reports, is REPEALED.
  S 4. a. Notwithstanding any other provision of law  to  the  contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing  June  30 of the school year in which the certificate of substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by ratified and validated,  provided  that  such  building  project  was
eligible  for  aid  in  a year for which the commissioner is required to
prepare an estimate of apportionments due and owing  pursuant  to  para-
graph  c of subdivision 21 of section 305 of the education law, provided
further that such school district submits a  final  cost  report  on  or
before December 31, 2013 and such report is approved by the commissioner

S. 2607--C                         28

of  education,  and provided further that any amount due and payable for
school years prior to the 2013-14 school year as a result  of  this  act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
  b.  Notwithstanding  any  other  provision of law to the contrary, any
pending payment of moneys due to such district as a prior  year  adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as  current  year aid payments and for which recovery of excess payments
is to be made pursuant to this act, shall be reduced  by  any  remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  S  5. Subdivision 1 of section 409-d of the education law, as added by
section 1 of part B of chapter 56 of the laws of  1998,  is  amended  to
read as follows:
  1.  Program establishment. The commissioner is authorized and directed
to establish, develop and monitor a comprehensive public school building
safety program which shall include a uniform inspection,  safety  rating
and monitoring system. Such program shall [require the annual inspection
of  all  public school buildings throughout New York state;] establish a
safety rating system for such school buildings to assess  the  need  for
maintenance,  repairs,  rehabilitation, reconstruction, construction and
other improvements related to the structural integrity and overall safe-
ty of public school buildings including  but  not  limited  to  building
systems  related  to electrical, plumbing, heating, ventilation, and air
conditioning, sanitation and health, fire and accident  protection;  and
require that such ratings be used for the purpose of developing a build-
ings  condition  survey  as  required  pursuant  to  subdivision four of
section thirty-six hundred forty-one of this chapter  and  a  five  year
facilities  plan  as required pursuant to clause (i) of subparagraph two
of paragraph b of subdivision six of section thirty-six hundred  two  of
this chapter.
  S  6.  Subdivision 3 of section 3623-a of the education law is amended
by adding a new paragraph d to read as follows:
  D. (1) NOTWITHSTANDING  ANY  LAW  TO  THE  CONTRARY,  WHERE  A  SCHOOL
DISTRICT PROVIDING TRANSPORTATION FOR SOME OR ALL OF ITS DISTRICT PUPILS
THROUGH A DISTRICT OPERATED TRANSPORTATION SYSTEM AS OF THE FIRST DAY OF
SEPTEMBER  TWO THOUSAND THIRTEEN CONTRACTS FOR THE TRANSPORTATION OF ITS
PUPILS WITH A CONTRACTOR AND SUCH CONTRACT RESULTS IN A LOWER  ALLOWABLE
TRANSPORTATION  EXPENSE PURSUANT TO THIS SECTION THAN THE DISTRICT OPER-
ATED TRANSPORTATION SYSTEM SUCH DISTRICT MAY COMPUTE ITS  TRANSPORTATION
AID  PURSUANT  TO  THIS  SECTION BASED UPON THE HIGHER DISTRICT OPERATED
TRANSPORTATION  SYSTEM  COSTS;  PROVIDED,  HOWEVER,  THAT  SUCH   SCHOOL
DISTRICT  MEETS  THE  REQUIREMENTS SET FORTH IN SUBPARAGRAPH TWO OF THIS
PARAGRAPH.
  (2) A SCHOOL DISTRICT WHICH COMPUTES ITS TRANSPORTATION  AID  PURSUANT
TO  SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL MEET THE FOLLOWING REQUIRE-
MENTS:
  (I) CALCULATE ITS ALLOWABLE TRANSPORTATION EXPENSES PURSUANT  TO  THIS
SECTION  FOR A DISTRICT OPERATED TRANSPORTATION SYSTEM FOR THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR. SUCH  CALCULATION  SHALL
BE  BASED  ON THAT PORTION OF THE TRANSPORTATION SYSTEM THAT IS DISTRICT
OPERATED AND PROPOSED TO BE CONTRACTED TO A QUALIFIED PUPIL  TRANSPORTA-
TION CONTRACTOR;

S. 2607--C                         29

  (II)  IF  A  SCHOOL DISTRICT PRESENTLY PROVIDES FOR TRANSPORTATION FOR
ITS PUPILS THROUGH A COMBINATION OF A DISTRICT  OPERATED  TRANSPORTATION
SYSTEM  AND A CONTRACTOR TRANSPORTATION SYSTEM, ONLY THAT PORTION OF THE
TRANSPORTATION SYSTEM WHICH IS DISTRICT OPERATED IS ELIGIBLE FOR  TREAT-
MENT UNDER THIS PARAGRAPH;
  (III)  ISSUE  A REQUEST FOR PROPOSAL FOR SUCH DISTRICT OPERATED TRANS-
PORTATION SERVICES; AND
  (IV) AWARD  A  CONTRACT  FOR  SUCH  DISTRICT  OPERATED  TRANSPORTATION
SERVICES TO A QUALIFIED PUPIL TRANSPORTATION CONTRACTOR.
  (3) NOTWITHSTANDING ANY LAW TO THE CONTRARY, A SCHOOL DISTRICT SWITCH-
ING  FROM  A  DISTRICT  OPERATED  TRANSPORTATION  SYSTEM TO A CONTRACTOR
TRANSPORTATION SYSTEM MAY SELL OR LEASE EQUIPMENT PURCHASED  IN  SUPPORT
OF  THE  DISTRICT OPERATED TRANSPORTATION SYSTEM AND RETAIN ANY PROCEEDS
AND AMORTIZED TRANSPORTATION AID.
  (4) A SCHOOL DISTRICT SHALL BE INELIGIBLE FOR RETENTION OF TRANSPORTA-
TION AID PURSUANT TO THIS  PARAGRAPH  UPON  EXPIRATION  OF  THE  INITIAL
CONTRACT  ENTERED  INTO BETWEEN THE SCHOOL DISTRICT AND THE PUPIL TRANS-
PORTATION CONTRACTOR.
  (5) A SCHOOL DISTRICT SHALL BE ELIGIBLE FOR RETENTION  OF  TRANSPORTA-
TION AID PURSUANT TO THIS PARAGRAPH FOR NO MORE THAN FIVE YEARS.
  S  7.  Section  3641  of  the education law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. SUPPLEMENTAL VALUATION IMPACT GRANTS. A. IN  ADDITION  TO  APPOR-
TIONMENTS  OTHERWISE  PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE, FOR AID PAYABLE IN  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN SCHOOL YEAR, THE AMOUNTS SPECIFIED IN PARAGRAPHS B, C, D, AND E
OF  THIS  SUBDIVISION  SHALL  BE PAID FOR THE PURPOSE OF PROVIDING ADDI-
TIONAL FUNDING FOR SCHOOL DISTRICTS WHICH HAVE EXPERIENCED A SIGNIFICANT
FINANCIAL HARDSHIP CREATED BY AN EXTRAORDINARY  CHANGE  IN  THE  TAXABLE
PROPERTY  VALUATION  ARISING OUT OF THE CLOSURE, GOVERNMENT ACQUISITION,
AND/OR DECOMMISSIONING OF A POWER PLANT FACILITY AND/OR ENERGY  PROCESS-
ING FACILITY WITHIN SUCH SCHOOL DISTRICT BOUNDARIES.
  B.  TO  THE  MARLBORO CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE
GREATER  OF  ONE  MILLION  NINE   HUNDRED   SEVENTY   THOUSAND   DOLLARS
($1,970,000)  OR  ANY ADDITIONAL APPORTIONMENT PROVIDED BY SECTION THIR-
TY-SIX HUNDRED TWO OF THIS ARTICLE BASED ON A RECALCULATION OF  ANY  TWO
THOUSAND  TWELVE--TWO  THOUSAND  THIRTEEN  APPORTIONMENTS  USING THE TWO
THOUSAND  TEN  FULL  VALUE  OF  SUCH   DISTRICT   IN   THE   AMOUNT   OF
$1,988,619,552.  SUCH ADDITIONAL AMOUNT SHALL BE PAYABLE TO THE MARLBORO
CENTRAL  SCHOOL  DISTRICT  IN  ACCORDANCE  WITH  THE  PAYMENT  SCHEDULES
CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE, NOTWITH-
STANDING ANY PROVISION OF LAW TO THE CONTRARY.
  C.  TO THE UNION-ENDICOTT CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID
THE GREATER OF TWO MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000) OR
ANY ADDITIONAL APPORTIONMENT PROVIDED BY SECTION THIRTY-SIX HUNDRED  TWO
OF THIS ARTICLE BASED ON A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO
THOUSAND  THIRTEEN  APPORTIONMENTS USING THE TWO THOUSAND TEN FULL VALUE
OF SUCH DISTRICT IN THE AMOUNT OF $2,400,000,000. SUCH ADDITIONAL AMOUNT
SHALL BE PAYABLE  TO  THE  UNION-ENDICOTT  CENTRAL  SCHOOL  DISTRICT  IN
ACCORDANCE  WITH  THE  PAYMENT SCHEDULES CONTAINED IN SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW  TO
THE CONTRARY.
  D. TO THE WEST VALLEY CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE
GREATER  OF  FIVE  HUNDRED THOUSAND DOLLARS ($500,000) OR ANY ADDITIONAL
APPORTIONMENT PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE
BASED ON A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO THOUSAND  THIR-

S. 2607--C                         30

TEEN  APPORTIONMENTS  USING  THE  TWO  THOUSAND  NINE FULL VALUE OF SUCH
DISTRICT IN THE AMOUNT OF $134,175,874. SUCH ADDITIONAL AMOUNT SHALL  BE
PAYABLE  TO  THE  WEST VALLEY CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH
THE  PAYMENT SCHEDULES CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
  E. TO THE NORTH SHORE CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID THE
GREATER OF TWO MILLION DOLLARS ($2,000,000) OR ANY ADDITIONAL APPORTION-
MENT PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE BASED ON
A RECALCULATION OF ANY TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN APPOR-
TIONMENTS USING THE TWO THOUSAND TEN FULL VALUE OF SUCH DISTRICT IN  THE
AMOUNT OF $4,890,733,200. SUCH ADDITIONAL AMOUNT SHALL BE PAYABLE TO THE
NORTH SHORE CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH THE PAYMENT SCHE-
DULES  CONTAINED  IN  SECTION THIRTY-SIX HUNDRED NINE-A OF THIS ARTICLE,
NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
  S 8. Section 3604 of the education law is  amended  by  adding  a  new
subdivision 7-b to read as follows:
  7-B.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN OF THIS
SECTION, FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR,
THE COMMISSIONER SHALL DISREGARD SUCH REDUCTION, UP TO TEN DAYS, IN  THE
APPORTIONMENT  OF  PUBLIC MONEY, IF THE SCHOOLS OF THE DISTRICT WERE NOT
IN SESSION FOR  ONE  HUNDRED  EIGHTY  DAYS  BECAUSE  OF  EXTRAORDINARILY
ADVERSE WEATHER CONDITIONS, FEDERAL DECLARATIONS OF NATURAL DISASTERS, A
STATE  DISASTER EMERGENCY AS DEFINED IN SECTION TWENTY OF THE  EXECUTIVE
LAW, THE CLOSING OF TRANSPORTATION ROUTES PURSUANT TO A  DECLARED  LOCAL
STATE  OF EMERGENCY, IMPAIRMENT OF HEATING FACILITIES,  INSUFFICIENCY OF
WATER SUPPLY, SHORTAGE OF FUEL, LACK OF ELECTRICITY, OR THE  DESTRUCTION
OF  A  SCHOOL  BUILDING EITHER IN WHOLE OR IN PART, AND IF, FURTHER, THE
DISTRICT SUPERINTENDENT CERTIFIES THAT SUCH DISTRICT CANNOT MAKE UP SUCH
DAYS OF INSTRUCTION BY USING FOR  THE  SECONDARY  GRADES  ALL  SCHEDULED
VACATION DAYS WHICH OCCUR PRIOR TO THE FIRST SCHEDULED  REGENTS EXAMINA-
TION  DAY  IN JUNE, AND FOR THE ELEMENTARY GRADES ALL SCHEDULED VACATION
DAYS WHICH OCCUR PRIOR TO THE LAST SCHEDULED REGENTS EXAMINATION DAY  IN
JUNE;  AND  IF,  FURTHER,  THE  DISTRICT SUPERINTENDENT CERTIFIES TO THE
COMMISSIONER THAT TO DO SO WOULD IMPERIL  STUDENTS,  FACULTY  AND  STAFF
WHILE REPAIRS CONTINUE. FOR THE PURPOSES OF THIS SUBDIVISION, "SCHEDULED
VACATION DAYS" SHALL MEAN DAYS  ON WHICH THE SCHOOLS OF THE DISTRICT ARE
NOT  IN SESSION AND FOR WHICH NO PROHIBITION EXISTS IN SUBDIVISION EIGHT
OF THIS SECTION FOR THEM TO BE IN SESSION.
  S 9. Subdivision 17 of section 1950 of the education law is REPEALED.
  S 10. Section 3242 of the education law, as amended by  section  2  of
subpart  F  of  part  C of chapter 97 of the laws of 2011, is amended to
read as follows:
  S 3242. School census in school districts. The trustees  or  board  of
education of every school district may cause a census to be taken of all
children  between  birth  and  eighteen years of age, including all such
facts and information as are required in  the  census  provided  for  in
section thirty-two hundred forty-one of this [chapter] PART. Such census
shall  be  prepared [annually] BIENNIALLY for children between ages five
and eighteen who are entitled  to  attend  the  public  schools  without
payment  of  tuition  in duplicate in their respective school districts,
and one copy thereof filed with the teacher or principal and  the  other
copy  filed  with  the  district  superintendent or superintendent on or
before the fifteenth day of October. For pre-school students from  birth
to  five  years of age, such census may be prepared and filed biennially
on or before the fifteenth day of October. Such census shall include the
reports and information required from  cities  as  provided  in  section

S. 2607--C                         31

thirty-two  hundred forty-one OF THIS PART.  All information regarding a
student with a disability under the age of  twenty-one  years  shall  be
filed  annually  with  the  superintendent  of  the board of cooperative
educational services of which said district may be a part.
  S  11.  Section  2801-b of the education law, as added by chapter 1 of
the laws of 2013, is amended to read as follows:
  S 2801-b. New York state school safety improvement teams. The governor
shall establish New York state school safety  improvement  teams,  which
may be composed of representatives from the division of homeland securi-
ty and emergency services, the division of state police, the division of
criminal  justice  services,  and  the  department.  Such New York State
School Safety Improvement Teams shall review and  assess  school  safety
plans  submitted,  on  a  voluntary  basis, by school districts having a
population of less than one hundred  twenty-five  thousand  inhabitants,
boards of cooperative educational services, NONPUBLIC SCHOOLS, and coun-
ty  vocational  education and extension boards, and may make recommenda-
tions to improve such school safety plans.
  S 12. Section 3627 of the education law is REPEALED, and a new section
3627 is added to read as follows:
  S  3627.  TRANSPORTATION  AFTER  4PM.  1.  NOTWITHSTANDING  ANY  OTHER
PROVISIONS  OF  THIS  SECTION  TO  THE  CONTRARY, A CITY SCHOOL DISTRICT
LOCATED IN A CITY HAVING A POPULATION OF ONE MILLION OR  MORE  PROVIDING
TRANSPORTATION PURSUANT TO THIS CHAPTER SHALL BE RESPONSIBLE FOR:
  (A)  PROVIDING  TRANSPORTATION FOR THOSE CHILDREN ATTENDING PUBLIC AND
NONPUBLIC SCHOOLS IN GRADES KINDERGARTEN THROUGH SIX WHO REMAIN  AT  THE
SAME SCHOOL FOR WHICH THEY ARE ENROLLED FOR REGULARLY SCHEDULED ACADEMIC
CLASSES FROM HALF-PAST NINE O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR
O'CLOCK  IN THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE
MILE FROM THEIR SCHOOL OF ATTENDANCE FOR GRADES THREE THROUGH  SIX,  AND
AT  LEAST  ONE-HALF  MILE  FROM  THEIR  SCHOOL  OF ATTENDANCE FOR GRADES
KINDERGARTEN THROUGH TWO OR
  (B) REIMBURSING THE COST INCURRED BY LICENSED TRANSPORTATION  CARRIERS
PURSUANT  TO CONTRACTS WITH SUCH SCHOOL DISTRICT FOR PROVIDING TRANSPOR-
TATION FOR THOSE CHILDREN ATTENDING  PUBLIC  AND  NONPUBLIC  SCHOOLS  IN
GRADES  KINDERGARTEN THROUGH SIX WHO REMAIN AT THE SAME SCHOOL FOR WHICH
THEY  ARE  ENROLLED  FOR  REGULARLY  SCHEDULED  ACADEMIC  CLASSES   FROM
HALF-PAST  NINE  O'CLOCK IN THE MORNING OR EARLIER UNTIL FOUR O'CLOCK IN
THE AFTERNOON OR LATER, ON WEEKDAYS, AND RESIDE AT LEAST ONE  MILE  FROM
THEIR  SCHOOL  OF  ATTENDANCE FOR GRADES THREE THROUGH SIX, AND AT LEAST
ONE-HALF MILE FROM THEIR SCHOOL OF ATTENDANCE  FOR  GRADES  KINDERGARTEN
THROUGH TWO.
  2.  NOTHING HEREIN SHALL PROHIBIT THE SCHOOL DISTRICT FROM REIMBURSING
FOR COSTS INCURRED FOR CONTRACTS BETWEEN THE  SCHOOL  DISTRICT  AND  ANY
ENTITY PROVIDING OR CONTRACTING FOR SUCH TRANSPORTATION SERVICE.
  3.  A  DISTRICT  SHALL  NOT BE DEEMED TO HAVE SATISFIED ITS OBLIGATION
UNDER THIS SECTION BY PROVIDING PUBLIC SERVICE TRANSPORTATION.
  4. ANY EXPENDITURE FOR THE PURPOSE OF A DISTRICT COMPLYING  WITH  THIS
SECTION SHALL BE CONSIDERED ELIGIBLE FOR TRANSPORTATION AID.
  5.  THE  CHANCELLOR  OF SUCH SCHOOL DISTRICT, IN CONSULTATION WITH THE
COMMISSIONER, SHALL PRESCRIBE THE MOST COST EFFECTIVE SYSTEM FOR  IMPLE-
MENTING  THE REQUIREMENTS OF THIS SECTION, TAKING INTO CONSIDERATION THE
COSTS ASSOCIATED WITH PARAGRAPHS (A) AND (B) OF SUBDIVISION ONE OF  THIS
SECTION,  WHILE  AT  THE SAME TIME ATTEMPTING TO MAXIMIZE STUDENT SAFETY
FOR THE STUDENT TO BE TRANSPORTED. FOR PURPOSES OF THIS SECTION:
  (A) THE TRANSPORTATION SHALL NOT BE DEEMED TO MAXIMIZE STUDENT  SAFETY
IF THE PICK UP OR DROP OFF SITE OF THE TRANSPORTATION IS:

S. 2607--C                         32

  (I) FURTHER THAN 600 FEET FROM THE STUDENT'S RESIDENCE; AND/OR
  (II)  AT  DIFFERENT LOCATIONS FOR ANY FAMILY THAT HAVE CHILDREN AT THE
SAME RESIDENCE WHO ATTEND TWO OR MORE DIFFERENT SCHOOLS; AND
  (B) THE TRANSPORTATION SHALL NOT BE DEEMED MOST COST  EFFECTIVE  IF  A
LICENSED  TRANSPORTATION  CARRIER  CAN  PROVIDE  TRANSPORTATION FOR SUCH
STUDENTS FOR AN AMOUNT TEN PERCENT OR LESS THAN THE AMOUNT THE  DISTRICT
PAYS  OR  WOULD PAY TO WHATEVER ENTITY PRESENTLY PROVIDES TRANSPORTATION
FOR THE DISTRICT IN THE AFFECTED AREA.
  6. (A) IN THE EVENT THE CHANCELLOR  HAS  NOT  SATISFIED  A  DISTRICT'S
OBLIGATION  UNDER  THIS  SECTION,  A PARENT OR GUARDIAN OR ANY REPRESEN-
TATIVE AUTHORIZED BY SUCH PARENT OR GUARDIAN  OF  A  CHILD  ELIGIBLE  TO
RECEIVE  TRANSPORTATION  UNDER THIS SECTION MAY REQUEST THE COMMISSIONER
TO ARRANGE FOR THE PROVISION OF THE TRANSPORTATION  TO  SO  SATISFY  THE
REQUIREMENTS OF THIS SECTION.
  (B)  IF WITHIN SIXTY DAYS OF RECEIVING A REQUEST FROM SUCH A PARENT OR
GUARDIAN OR ANY REPRESENTATIVE AUTHORIZED BY SUCH  PARENT  OR  GUARDIAN,
THE  COMMISSIONER  DETERMINES  THAT  THE  CHANCELLOR HAS NOT SATISFIED A
DISTRICT'S OBLIGATION UNDER THIS SECTION, THEN  THE  COMMISSIONER  SHALL
IMMEDIATELY  DIRECT THE CHANCELLOR TO CONTRACT WITH A LICENSED TRANSPOR-
TATION CARRIER TO PROVIDE THE TRANSPORTATION REQUIRED PURSUANT  TO  THIS
SECTION.
  (C)  IN  THE  EVENT  THE CHANCELLOR IS DIRECTED BY THE COMMISSIONER TO
CONTRACT WITH A LICENSED TRANSPORTATION CARRIER TO PROVIDE THE TRANSPOR-
TATION REQUIRED PURSUANT TO THIS SECTION, THE CHANCELLOR  SHALL  PROVIDE
THE  COMMISSIONER  WITH  A  COPY  OF  SUCH  PROPOSED CONTRACT, BEFORE IT
BECOMES EFFECTIVE, AND THE COMMISSIONER SHALL HAVE THE POWER TO APPROVE,
DISAPPROVE OR REQUIRE AMENDMENTS TO SUCH CONTRACT BEFORE IT SHALL BECOME
EFFECTIVE.
  (D) A DISTRICT, DETERMINED BY THE COMMISSIONER TO NOT BE IN COMPLIANCE
WITH THE REQUIREMENTS OF THIS SECTION, SHALL BE RESPONSIBLE FOR THE COST
OF ANY TRANSPORTATION CONTRACT AWARDED BY THE CHANCELLOR.
  7. THE PARENT OR GUARDIAN, OR ANY REPRESENTATIVE  AUTHORIZED  BY  SUCH
PARENT  OR  GUARDIAN,  MAY  SUBMIT  A WRITTEN REQUEST FOR TRANSPORTATION
UNDER THIS SECTION, IN THE SAME MANNER AND UPON THE SAME  DATES  AS  ARE
REQUIRED FOR A REQUEST FOR TRANSPORTATION PURSUANT TO SUBDIVISION TWO OF
SECTION THIRTY-SIX HUNDRED THIRTY-FIVE OF THIS ARTICLE.
  S  13. Paragraph b of subdivision 6-c of section 3602 of the education
law, as added by chapter 1 of the laws of 2013, is amended  to  read  as
follows:
  b.  For  projects  approved  by the commissioner authorized to receive
additional building aid pursuant to this subdivision for the purchase of
stationary metal detectors, security cameras or other  security  devices
approved  by  the  commissioner that increase the safety of students and
school personnel, provided that for  purposes  of  this  paragraph  such
other  security  devices shall be limited to electronic security systems
and hardened doors, and provided  that  for  projects  approved  by  the
commissioner on or after the first day of July two thousand thirteen and
before  the  first  day of July two thousand sixteen such additional aid
shall equal the product of (i) the building aid ratio computed  for  use
in  the  current year pursuant to paragraph c of subdivision six of this
section plus [ten] FIFTY percentage points, except that in no case shall
this amount exceed one hundred percent, and  (ii)  the  actual  approved
expenditures  incurred  in  the  base year pursuant to this subdivision,
provided that the limitations on cost allowances prescribed by paragraph
a of subdivision six of this  section  shall  not  apply,  and  provided
further that any projects aided under this paragraph must be included in

S. 2607--C                         33

a  district's  school  safety  plan.  The  commissioner  shall  annually
prescribe a special cost allowance for  metal  detectors,  and  security
cameras, and the approved expenditures shall not exceed such cost allow-
ance.
  S 14. Paragraph a-1 of subdivision 11 of section 3602 of the education
law,  as  amended  by  section  7 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  a-1. Notwithstanding the provisions of paragraph a  of  this  subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through  two  thousand nine--two thousand ten, and two thousand eleven--
two thousand twelve through [two thousand twelve--two thousand thirteen]
TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN, the commissioner  may  set
aside  an amount not to exceed two million five hundred thousand dollars
from the funds appropriated for purposes of  this  subdivision  for  the
purpose of serving persons twenty-one years of age or older who have not
been  enrolled  in  any  school for the preceding school year, including
persons who have received a high school diploma or  high  school  equiv-
alency diploma but fail to demonstrate basic educational competencies as
defined  in  regulation  by  the commissioner, when measured by accepted
standardized tests, and who shall be eligible to attend employment prep-
aration education programs operated pursuant to this subdivision.
  S 15. Intentionally omitted.
  S 16. Subdivision 16 of  section  3602-e  of  the  education  law,  as
amended  by  section  19 of part B of chapter 57 of the laws of 2007, is
amended to read as follows:
  16. The grant payable to a school district pursuant to this section in
the current year shall be reduced by one one-hundred eightieth for  each
day less than one hundred eighty days that the universal prekindergarten
classes  of  the  district  were [actually] SCHEDULED TO BE in session[,
except that the commissioner may disregard such reduction for any  defi-
ciency  that may be disregarded in computing total foundation aid pursu-
ant to subdivision seven or eight of section thirty-six hundred four  of
this  chapter]  IN  THE  PROGRAM  APPLICATION APPROVED BY THE DEPARTMENT
PURSUANT TO THIS SECTION.
  S 17. Paragraph b of subdivision 2 of section 3612  of  the  education
law,  as  amended  by  section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any  shortage  of  teachers  in  the
school  district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity  and
geographic  sparsity  of  the  district,  the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section  shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing  any  other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any  recruitment,  retention  and  certification
costs  associated  with transitional certification of teacher candidates
for the school years two thousand one--two  thousand  two  through  [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.

S. 2607--C                         34

  S  18.  Subdivision a of section 5 of chapter 121 of the laws of 1996,
relating to authorizing the Roosevelt  union  free  school  district  to
finance  deficits by the issuance of serial bonds, as amended by section
27-b of part A of chapter 57 of the laws of 2012, is amended to read  as
follows:
  a.  Notwithstanding  any  other provisions of law, upon application to
the commissioner of education submitted not sooner than April first  and
not  later than June thirtieth of the applicable school year, the Roose-
velt union free school district shall be eligible to receive  an  appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school
year.  Such apportionment shall not exceed:  for the 1996-97 school year
through   the  [2012-13]  2013-14  school  year,  four  million  dollars
($4,000,000); for the  [2013-14]  2014-15  school  year,  three  million
dollars  ($3,000,000);  for  the  [2014-2015]  2015-16  school year, two
million dollars ($2,000,000); for the [2015-16] 2016-17 school year, one
million dollars ($1,000,000); and for the [2016-17] 2017-18 school year,
zero dollars.  Such annual application shall be made after the board  of
education  has  adopted  a  resolution to do so with the approval of the
commissioner of education.
  S 19. Special apportionment for salary expenses.   a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2014  and not later than the last day of the third full
business week of June, 2014, a school district eligible  for  an  appor-
tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2014, for salary expenses incurred between April  1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--91  as  determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest  federal census plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
sum  of the gap elimination adjustment for the 2011--12 through 2012--13
school years as determined by the commissioner of education pursuant  to
subdivision  17  of  section  3602  of  the  education law, and provided
further that such apportionment shall not exceed such  salary  expenses.
Such  application shall be made by a school district, after the board of
education or trustees have adopted a resolution to do so and in the case
of a city school district in a city  with  a  population  in  excess  of
125,000 inhabitants, with the approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph  4
of  paragraph  b  of  subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers

S. 2607--C                         35

certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph 2 of paragraph a of subdivision  1  of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs 1, 2, 3, 4 and 5 of paragraph  a  of  subdivision  1  of  section
3609-a  of  the education law in the following order: the lottery appor-
tionment payable pursuant to subparagraph 2 of such  paragraph  followed
by  the  fixed  fall payments payable pursuant to subparagraph 4 of such
paragraph and then followed by the district's payments to the  teachers'
retirement  system pursuant to subparagraph 1 of such paragraph, and any
remainder to be  deducted  from  the  individualized  payments  due  the
district  pursuant  to paragraph b of such subdivision shall be deducted
on a chronological basis starting with  the  earliest  payment  due  the
district.
  S  20.  Subdivision 10 of section 6-p of the general municipal law, as
amended by section 30-a of part A of chapter 57 of the laws of 2012,  is
amended to read as follows:
  10.  Notwithstanding any provision of law to the contrary, the govern-
ing board of a school district may, during the two thousand [twelve--two
thousand thirteen] THIRTEEN--TWO THOUSAND FOURTEEN school year,  author-
ize  a  withdrawal  from this fund in an amount not to exceed the lesser
of: (a) the dollar value of excess funding in the fund as determined  by
the  comptroller pursuant to section thirty-three of this chapter or (b)
the amount of the school district's remaining gap elimination adjustment
as calculated by the commissioner of education pursuant  to  subdivision
seventeen  of section thirty-six hundred two of the education law. Funds
withdrawn pursuant to this subdivision may only be used for the  purpose
of  maintaining educational programming during the two thousand [twelve-
-two thousand thirteen]  THIRTEEN--TWO  THOUSAND  FOURTEEN  school  year
which  otherwise  would have been reduced as a result of such gap elimi-
nation adjustment. Governing boards which make such a  withdrawal  shall
submit,  in a form prescribed by the commissioner of education, relevant
information about the withdrawal, which shall include but not be limited
to, the amount of such withdrawal, the date of withdrawal, and  the  use
of such withdrawn funds.
  S 21. The opening paragraph of paragraph d of subdivision 4 of section
4405  of  the  education  law  is  designated subparagraph 1 and   a new
subparagraph 2 is added to read as follows:
  (2) TUITION RATES APPROVED FOR THE  SCHOOL  YEAR  COMMENCING  ON  JULY
FIRST,  TWO THOUSAND THIRTEEN AND SUBSEQUENT SCHOOL YEARS, SHALL INCLUDE
AN ALLOWABLE GROWTH AMOUNT EQUAL TO THE "PERSONAL INCOME  GROWTH  INDEX"
AS  DEFINED  IN  PARAGRAPH  BB  OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER.
  S 22. The opening paragraph of subdivision 11 of section  273  of  the
education  law  is designated paragraph a and a new paragraph b is added
to read as follows:
  B. COMMENCING ON JULY FIRST,  TWO  THOUSAND  THIRTEEN  AND  SUBSEQUENT
YEARS,  AID  TO A LIBRARY OR A LIBRARY SYSTEM SHALL INCLUDE AN ALLOWABLE

S. 2607--C                         36

GROWTH AMOUNT EQUAL TO THE "PERSONAL INCOME GROWTH INDEX" AS DEFINED  IN
PARAGRAPH  BB  OF  SUBDIVISION  ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS CHAPTER.
  S  23. Notwithstanding paragraph c of subdivision 4 of section 3209 of
the education law, or any other provision of law to the contrary,  costs
incurred  for  approved transportation expenses, pursuant to paragraph c
of subdivision 4 of section 3209 of the education law, for any  homeless
child  who  required  transportation to attend a school district, desig-
nated pursuant to paragraph a of subdivision 2 of section  3209  of  the
education law, outside of the district in which such child is housed due
to  the  emergency  disaster  that  occurred  as the result of Hurricane
Sandy, shall be reimbursed, pursuant to this section, in an amount equal
to the difference between one hundred percent of such approved transpor-
tation expenses minus the transportation aid payable on  such  expenses,
pursuant  to subdivision 7 of section 3602 of the education law, subject
to an appropriation for this purpose, for the duration of time that  the
child  was  homeless,  as  defined  in  paragraph  a of subdivision 1 of
section 3209 of the education law.
  S 24. Subparagraphs (i) and (ii) of paragraph c of subdivision  11  of
section  4410 of the education law, subparagraph (i) as amended by chap-
ter 82 of the laws of 1995 and subparagraph (ii) as amended  by  chapter
205 of the laws of 2009, are amended to read as follows:
  (i)  Each  municipality, or, in addition, in the case of a city of one
million or more persons, the board, may perform a fiscal audit  of  such
services or programs for which it bears fiscal responsibility in accord-
ance  with  audit  standards established by the commissioner[, which may
include site visitation]. ANY AUDIT OF SERVICES OR PROGRAMS OR  SERVICES
PURSUANT  TO  THIS  SECTION SHALL UTILIZE THE STANDARDIZED AUDIT TOOL AS
PRESCRIBED BY THE COMMISSIONER.  Prior  to  commencing  a  fiscal  audit
pursuant  to  this  subparagraph,  a  municipality  shall ascertain that
neither the state nor any other  municipality  has  performed  a  fiscal
audit  of  the  same services or programs within the current fiscal year
for such program. If it is  determined  that  no  such  audit  has  been
performed,  the municipality shall inquire with the department to deter-
mine which other municipalities, if any, bear  financial  responsibility
for  the  services or programs to be audited and shall afford such other
municipalities an opportunity to recommend issues to be examined through
the audit.  Municipalities completing audits pursuant to  this  subpara-
graph  shall  provide  copies  to  the  department,  the provider of the
services and programs and all other municipalities previously determined
to bear financial responsibility for the audited services and  programs.
No other municipality may conduct an additional fiscal audit of the same
services or programs during such current fiscal year for such program.
  (ii)  Payments  made pursuant to this section by a municipality shall,
upon conclusion of the July first to  June  thirtieth  school  year  for
which  such  payment  was  made,  be subject to audit against the actual
difference between such audited expenditures and revenues.  The  munici-
pality  shall  submit  the results of any such audit to the commissioner
and the commissioner of social services, if appropriate, for review and,
if warranted, adjustment of the tuition and/or  maintenance  rates.  The
municipality is authorized to recover overpayments made to a provider of
special  services  or programs pursuant to this section as determined by
the commissioner or the commissioner of health based upon their  adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE  PAID  ONE  HUNDRED PERCENT OF THE DISALLOWED COSTS.  Such recovery

S. 2607--C                         37

may be accomplished by withholding such amount from any moneys  due  the
provider  in  the current year, or by direct reimbursement.  THE COMMIS-
SIONER SHALL PROMULGATE RULES AND REGULATIONS NECESSARY TO IMPLEMENT THE
PROVISIONS  OF  THIS SUBDIVISION WITHIN SIXTY DAYS OF THE EFFECTIVE DATE
OF THIS CHAPTER.
  S 25. Paragraph d of subdivision 15 of section 3641 of  the  education
law,  as  added  by  section 22-b of part A of chapter 57 of the laws of
2012, is amended to read as follows:
  d. Approved additional expenses for  annual  professional  performance
reviews  transition  grants  [pursuant  to this subdivision] FOR THE TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR shall CONTINUE TO  be
eligible for reimbursement. Such approved expenses shall be eligible for
payment on or after September first following the end of the school year
in  which  such  expenses  were  [approved] INCURRED.   In the event the
appropriation for purposes of this subdivision in any year  is  insuffi-
cient  to  pay  all  approved  claims  pursuant to this subdivision, the
commissioner shall pay  such  claims  on  a  prorated  basis  among  all
districts  filing  such claims until the appropriation is exhausted. The
commissioner shall promulgate rules and regulations necessary to  imple-
ment  the provisions of this subdivision within sixty days of the effec-
tive date of the chapter of the laws of two thousand  [twelve]  THIRTEEN
that [added] AMENDED this [subdivision] PARAGRAPH.
  S  26.  Notwithstanding any provision of law to the contrary including
but not limited to paragraph b of subdivision 7 of section 3602  of  the
education  law,  where as a result of a weather related emergency or its
aftermath, or a strike against  operators  of  school  buses,  a  school
district  in  a city with a population in excess of one million inhabit-
ants incurs expenditures for providing  for  alternative  transportation
for  school children, including expenditures to the New York City Metro-
politan Transportation Authority, such expenditures shall be  an  allow-
able transportation expense.
  S  27. Title 2 of the education law is amended by adding a new article
30 to read as follows:

                               ARTICLE 30
                   WAIVERS FOR HIGH PERFORMING SCHOOLS
  SECTION 1401. WAIVERS FOR HIGH PERFORMING SCHOOLS.
  S 1401. WAIVERS FOR HIGH PERFORMING  SCHOOLS.  1.  A  HIGH  PERFORMING
SCHOOL  MAY  SUBMIT  AN  APPLICATION  FOR  A WAIVER FROM ANY REQUIREMENT
IMPOSED ON SUCH DISTRICT PURSUANT TO THIS TITLE, AND REGULATIONS PROMUL-
GATED THEREUNDER, FOR THE TWO THOUSAND THIRTEEN--TWO  THOUSAND  FOURTEEN
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2. A "HIGH PERFORMING SCHOOL" SHALL INCLUDE ANY ONE OF THE FOLLOWING:
  A.  SCHOOL DISTRICTS THAT FALL WITHIN THE TOP TEN PERCENT OF THE STATE
IN PERCENT OF STUDENTS GRADUATING WITH A  REGENTS  DIPLOMA  IN  THE  TWO
THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR; OR
  B.  SCHOOL  DISTRICTS  THAT  FALL WITHIN THE TOP TEN PERCENT OF SCHOOL
DISTRICT GRADUATION RATES OVER THE THREE MOST RECENT YEARS IN WHICH DATA
IS AVAILABLE.
  3. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE HIGH  PERFORMING
SCHOOL  SHALL  PROVIDE  NOTICE  OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL

S. 2607--C                         38

BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE HIGH  PERFORMING
SCHOOL SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN
PARENTAL  RELATIONSHIP  TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN
THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO  SUBDI-
VISION  ONE  OF  THIS  SECTION  ANY  WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  4. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A HIGH PERFORMING SCHOOL PURSUANT TO THIS TITLE. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
HIGH  PERFORMING  SCHOOL FROM PARENTS OR PERSONS IN PARENTAL RELATION TO
THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  5. THE COMMISSIONER SHALL MAKE HIS OR  HER  DETERMINATION  WITHIN  TEN
DAYS OF RECEIPT OF THE APPLICATION FOR A WAIVER.
  6.  ANY HIGH PERFORMING SCHOOL GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S 28. The opening paragraph of paragraph c of subdivision 5 of section
2604  of  the  education  law  is  designated subparagraph (i) and a new
subparagraph is added to read as follows:
   (II) NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO  THE
CONTRARY,  THE  FUNDS APPROPRIATED HEREIN, SUBJECT TO AN ALLOCATION PLAN
DEVELOPED BY THE LEGISLATURE AND APPROVED BY THE DIRECTOR OF THE BUDGET,
SHALL BE AVAILABLE FOR  PAYMENT  OR  PRIOR  YEAR  CLAIMS  AND/OR  FISCAL
STABILIZATION  GRANTS  FOR  REMAINING  PAYMENTS  FOR  THE  TWO  THOUSAND
TWELVE-TWO THOUSAND THIRTEEN SCHOOL YEAR AND FOR PAYMENTS PRIOR TO MARCH
THIRTY-FIRST, TWO THOUSAND FOURTEEN FOR THE  TWO  THOUSAND  THIRTEEN-TWO
THOUSAND  FOURTEEN  SCHOOL YEAR, PROVIDED, HOWEVER, THAT NOTWITHSTANDING
ANY PROVISIONS OF LAW, RULE OR REGULATION TO THE CONTRARY, FOUR  MILLION
DOLLARS  SHALL  BE  MADE  AVAILABLE  TO ANY AVERAGE NEED SCHOOL DISTRICT
OTHER THAN A CITY SCHOOL DISTRICT FOR THE PAYMENT OF PRIOR  YEAR  CLAIMS
THAT HAVE BEEN APPROVED BY THE COMMISSIONER WHERE SUCH SCHOOL DISTRICT'S
TOTAL  AGGREGATE APPROVED PRIOR YEAR CLAIMS EXCEED FOUR MILLION DOLLARS;
PROVIDED FURTHER THAT ANY REMAINING FUNDS ALLOCATED FOR PAYMENT OF PRIOR
YEAR CLAIMS SHALL BE USED TO PAY CLAIMS IN THE ORDER THAT EACH CLAIM HAS
BEEN APPROVED BY THE COMMISSIONER, BUT IN NO CASE SHALL ANY  CLAIM  DRAW
DOWN  MORE  THAN  FORTY PERCENT OF THE TOTAL PAYMENT LEVEL SO DESIGNATED
FOR PRIOR YEAR CLAIMS FOR THE TWO THOUSAND THIRTEEN-TWO  THOUSAND  FOUR-
TEEN  SCHOOL YEAR; PROVIDED FURTHER THAT NO MORE THAN FIFTY-FIVE PERCENT
OF SUCH TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN SCHOOL  YEAR  AMOUNT
FOR  FISCAL STABILIZATION GRANTS AND/OR PRIOR YEAR CLAIMS SHALL BE PAYA-
BLE PRIOR TO APRIL FIRST OF THE SCHOOL YEAR; PROVIDED  FURTHER  THAT  NO
CLAIM  SHALL  BE SET ASIDE FOR INSUFFICIENCY OF FUNDS TO MAKE A COMPLETE
PAYMENT.
  S 29. Clause (b) of subparagraph 3 of paragraph e of subdivision 6  of
section  3602 of the education law, as amended by section 31-a of part A
of chapter 57 of the laws of 2012, is amended to read as follows:
  (b) Such assumed amortization for a project approved  by  the  commis-
sioner  on or after the later of the first day of December, two thousand
one or thirty days after the date upon which this subdivision shall have
become a law and prior to the first day of July, two thousand eleven  or
for  any  debt  service related to projects approved by the commissioner
prior to such date where a bond, capital note or bond anticipation  note
is  first issued on or after the first day of December, two thousand one

S. 2607--C                         39

to fund such projects, shall commence: (i) eighteen  months  after  such
approval or (ii) on the date of receipt by the commissioner of a certif-
ication  by  the  district that a general construction contract has been
awarded  for  such project by the district, whichever is later, and such
assumed amortization for a project approved by the [commissioner] VOTERS
OF THE SCHOOL DISTRICT OR BY THE BOARD OF EDUCATION  OF  A  CITY  SCHOOL
DISTRICT  IN  A  CITY  WITH  MORE  THAN ONE HUNDRED TWENTY-FIVE THOUSAND
INHABITANTS BUT LESS THAN ONE MILLION INHABITANTS, on or after the first
day of July, two thousand eleven shall commence: (iii)  eighteen  months
after [such] COMMISSIONER approval or (iv) on the date of receipt by the
commissioner  of both the final certificate of substantial completion of
the project issued by the architect  or  engineer  and  the  final  cost
report  for  such  project, whichever is later or (v) upon the effective
date of a waiver based on a finding by the commissioner, pursuant  to  a
process  set  forth  by the commissioner, that the district is unable to
submit a final certificate of substantial  completion  for  the  project
and/or  complete  the  final cost report because of circumstances beyond
the control of the district. Such assumed amortization shall provide for
equal semiannual payments of principal and interest based on an interest
rate established pursuant to subparagraph five  of  this  paragraph  for
such  purpose  for  the  school  year during which such certification is
received. The first installment of  obligations  issued  by  the  school
district in support of such projects may mature not later than the dates
established  pursuant  to  sections 21.00 and 22.10 of the local finance
law.
  S 30. Notwithstanding any other provision of law, rule  or  regulation
to  the  contrary, where the public school or school district a homeless
child was attending on a tuition-free basis or was  entitled  to  attend
when  circumstances  arose  which caused the child to become homeless is
located outside the state, the New York school district responsible  for
the  education  of  such  homeless child pursuant to section 3209 of the
education law upon the child's entry into New York shall not be  respon-
sible  for  reimbursement  of the state education department pursuant to
paragraph b of subdivision 3 of section 3209 of the education law.
  S 31.  Subdivision 8 of section 4401 of the education law, as  amended
by chapter 57 of the laws of 1993, is amended to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
EXCEPT  THAT  FOR  THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND THEREAFTER, SUCH TAX LEVY FOR THE BASE YEAR SHALL BE DIVIDED BY
THE BASE YEAR PUPIL COUNT AS DETERMINED BY THE COMMISSIONER PURSUANT  TO
PARAGRAPH F OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
CHAPTER  FOR  ANY  SCHOOL  DISTRICT IN WHICH SUCH BASE YEAR PUPIL COUNT,
EXCLUDING PUPILS ATTENDING A CENTRAL HIGH SCHOOL DISTRICT,  EXCEEDS  ONE
HUNDRED  AND  FIFTY  PERCENT  OF  SUCH  BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT OF RESIDENT PUPILS AS DEFINED IN PARAGRAPH N  OF  SUBDIVISION
ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 32. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall be deemed to have been in full force
and  effect  on  and after the effective date of section 30 of part A of
chapter 58 of the laws of 2011, took effect;

S. 2607--C                         40

  (b) section eleven of this act shall take effect on the same date  and
in the same manner as section 55 of chapter 1 of the laws of 2013, takes
effect;
  (c)  section  thirteen  of this act shall take effect on the same date
and in the same manner as section 56 of chapter 1 of the laws  of  2013,
takes effect;
  (d)  section  sixteen of this act shall be deemed to have been in full
force and effect on and after July 1, 2010; and
  (e) sections nine, seventeen, twenty-eight and thirty-one of this  act
shall take effect July 1, 2013.

                                PART A-2

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that given the current  fiscal  climate  in  this  state,  many
school districts, particularly small, rural districts, are threatened by
a decline in educational opportunities and programs for their students.
  School  districts  are  seeking  new  models of delivering services to
students that are most cost-effective and efficient, in order to sustain
or enhance the quality of services to maintain or expand  the  scope  of
services offered to students.
  The  legislature  recognizes  that many secondary schools in the state
are experiencing financial limitations that may impair their ability  to
offer students the same range or quality of courses that other secondary
schools may provide. In order to ensure that these districts continue to
offer  their students advanced course work, districts should be afforded
the opportunity to establish a regional secondary school.
  Under this new model of delivering services, districts will be able to
streamline programs and services, increase resources and increase  their
purchasing  power  through shared services. These resultant cost savings
will allow money to flow into  educational  programs  and  services  for
students  which  will,  in turn, help to improve student performance and
meet college and career readiness.
  S 2. The education law is amended by adding a new article 39-A to read
as follows:
                              ARTICLE 39-A
                       REGIONAL SECONDARY SCHOOLS
SECTION 1920.  DEFINITIONS.
        1921.  ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED  BY
                A BOARD OF EDUCATION.
        1922.   ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL OPERATED BY
                A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
        1923.  STATE AID FOR REGIONAL SECONDARY SCHOOLS.
        1924.  REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE.
  S 1920. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. THE TERM "REGIONAL SECONDARY SCHOOL" SHALL MEAN A SECONDARY  SCHOOL
ESTABLISHED  BY  PARTICIPATING  DISTRICTS  WITHIN  A  REGION OF NEW YORK
STATE.
  2. THE TERM "SECONDARY SCHOOL" SHALL MEAN:
  A. A HIGH SCHOOL CONTAINING GRADES NINE THROUGH TWELVE;
  B. A JUNIOR HIGH SCHOOL CONTAINING GRADES SIX THROUGH EIGHT;
  C. A COMBINED JUNIOR/SENIOR HIGH SCHOOL CONTAINING GRADES SIX  THROUGH
TWELVE;
  D.  A  COMBINED  JUNIOR/SENIOR  HIGH  SCHOOL  CONTAINING  GRADES SEVEN
THROUGH TWELVE; OR

S. 2607--C                         41

  E. A  COMBINED  JUNIOR/SENIOR  HIGH  SCHOOL  CONTAINING  GRADES  EIGHT
THROUGH TWELVE.
  3.  THE  TERM "REGION" SHALL MEAN THE COMBINED AREA OF ALL THE PARTIC-
IPATING DISTRICTS THAT ESTABLISH A REGIONAL SECONDARY SCHOOL.
  4. THE TERM "PARTICIPATING DISTRICT" SHALL  MEAN  AN  ELIGIBLE  SCHOOL
DISTRICT  WHOSE BOARD OF EDUCATION HAS ADOPTED A RESOLUTION TO ESTABLISH
A REGIONAL SECONDARY SCHOOL WITH  ONE  OR  MORE  OTHER  ELIGIBLE  SCHOOL
DISTRICTS.
  5. THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN:
  A. A CITY SCHOOL DISTRICT,
  B. A CENTRAL SCHOOL DISTRICT,
  C. A UNION FREE SCHOOL DISTRICT, AND/OR
  D. A COMMON SCHOOL DISTRICT, WHICH IS ELIGIBLE TO ESTABLISH A REGIONAL
SECONDARY SCHOOL.
  6.  THE  TERM "HOSTING DISTRICT" SHALL MEAN THE PARTICIPATING DISTRICT
WHICH HOSTS THE REGIONAL SECONDARY SCHOOL.
  7. THE TERM "REGIONAL REFERENDUM" SHALL MEAN A  REFERENDUM,  PRESENTED
SIMULTANEOUSLY  ON  THE  BALLOT  OF ALL THE PARTICIPATING DISTRICTS, AND
DETERMINED BY A MAJORITY VOTE  OF  THE  PARTICIPATING  ELECTORS  OF  THE
REGION COLLECTIVELY.
  8. THE TERM "PROPOSED CONTRACT" SHALL MEAN THE CONTRACT ADOPTED BY ALL
THE  BOARDS  OF  EDUCATION OF THE PARTICIPATING DISTRICTS FOR THE ESTAB-
LISHMENT AND OPERATION OF THE REGIONAL SECONDARY SCHOOL.
  9. THE TERM "GOVERNING BOARD OF THE REGIONAL SECONDARY  SCHOOL"  SHALL
MEAN  THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL AS DESIGNATED
BY THE PROPOSED CONTRACT.
  S 1921. ESTABLISHMENT OF A REGIONAL SECONDARY  SCHOOL  OPERATED  BY  A
BOARD  OF  EDUCATION.  1. A REGIONAL SECONDARY SCHOOL MAY BE ESTABLISHED
PURSUANT TO THIS SECTION.
  2. A REGIONAL SECONDARY SCHOOL MAY  BE  ESTABLISHED  BY  TWO  OR  MORE
ELIGIBLE SCHOOL DISTRICTS.
  3.  THE  ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL BE SUBJECT
TO THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS  SET
FORTH WITHIN THIS SECTION.
  4. A REGIONAL SECONDARY SCHOOL:
  A.  SHALL  BE  WHOLLY  CONTAINED  WITHIN THE SUPERVISORY DISTRICT OF A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, UNLESS:
  (I) UPON APPLICATION OF THE BOARDS OF EDUCATION SEEKING TO ESTABLISH A
REGIONAL  SECONDARY  SCHOOL,  THE  COMMISSIONER  AGREES  TO  WAIVE  THIS
REQUIREMENT; OR
  (II)  THE  PARTICIPATING  SCHOOL  DISTRICT  IS  A  CENTRAL HIGH SCHOOL
DISTRICT, WHICH SUBJECT TO APPROVAL  OF  ITS  VOTERS,  ENTERED  INTO  AN
AGREEMENT   WITH  SCHOOL  DISTRICTS  OTHER  THAN  ITS  COMPONENT  SCHOOL
DISTRICTS, THAT ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT  OF
A BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  B.  SHALL  NOT BE A COMPONENT SCHOOL DISTRICT OF A CENTRAL HIGH SCHOOL
DISTRICT, OR A SPECIAL ACT SCHOOL DISTRICT, AS DEFINED IN  SECTION  FOUR
THOUSAND ONE OF THIS CHAPTER.
  5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN  EACH  OF THE PARTICIPATING DISTRICTS IN GRADES OF A SECONDARY SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
  6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT THAT THE HOSTING DISTRICT MAY CONTINUE  TO  OPERATE  A  SECONDARY
SCHOOL  AS  A  REGIONAL  SECONDARY SCHOOL, PURSUANT TO THE CONDITIONS OF
THIS ARTICLE.

S. 2607--C                         42

  7. PURSUANT TO THIS SECTION, THE  REGIONAL  SECONDARY  SCHOOL  MAY  BE
OPERATED BY:
  A.  ONE  OF  THE  PARTICIPATING  DISTRICTS,  CONSTITUTING  THE HOSTING
DISTRICT, WHICH SHALL ASSUME THE RESPONSIBILITY  TO  OPERATE,  SUPERVISE
AND  MAINTAIN  THE  REGIONAL  SECONDARY SCHOOL AND THE ADMINISTRATION OF
SUCH REGIONAL SECONDARY SCHOOL; OR
  B. A JOINT BOARD OF EDUCATION ESTABLISHED PURSUANT TO THIS SECTION.
  8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO  OR  MORE  PARTIC-
IPATING  SCHOOL  DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION  PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
  B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
  (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
  (II)  WHETHER  THE  SCHOOL  WOULD  BE  GOVERNED  BY A PROPOSED HOSTING
DISTRICT OR A JOINT BOARD OF EDUCATION;
  (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN  THE  REGIONAL
SECONDARY SCHOOL;
  (IV) THE PROPOSED LOCATION OF, THE REGIONAL SECONDARY SCHOOL;
  (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
  C. THE RESOLUTION TO  ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED  ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
  9. A. IF TWO OR MORE SCHOOL  DISTRICTS  ADOPT  SUCH  A  RESOLUTION  AS
PROVIDED  IN  SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION SHALL BE
PRESENTED IN A REGIONAL REFERENDUM BY MEANS OF A REGIONAL  VOTE,  BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
  B.  APPROVAL  OF THE REGIONAL REFERENDUM SHALL BE UPON A MAJORITY VOTE
OF THE PARTICIPATING ELECTORS IN THE  REGION  ENCOMPASSING  ALL  OF  THE
PROPOSED PARTICIPATION DISTRICTS.
  C.  IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM, IT
MAY BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO  VOTES
BE HELD IN ANY SCHOOL YEAR.
  10.  UPON  THE  APPROVAL  OF  THE  VOTERS  IN THE REGIONAL REFERENDUM,
PRESENTED PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE  PARTICIPAT-
ING  SCHOOL  DISTRICTS SHALL COLLECTIVELY ENTER INTO A PROPOSED CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
  11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF  EDUCATION
AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE
ELIGIBLE  TO  ESTABLISH  THE  REGIONAL  SECONDARY  SCHOOL,  MAY JOIN THE
REGIONAL SECONDARY SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR  OF  OPERA-
TION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A
MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
  12.  A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE  PARTICIPATING  SCHOOL
DISTRICTS  SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR  THE  OPERA-
TION OF THE  REGIONAL SECONDARY SCHOOL.
  B.  THE  PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR  HIS  OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C.   THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE

S. 2607--C                         43

FIVE-G OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE  REQUIREMENTS
OF THIS SECTION.
  13.  THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL, AND THE REGIONAL SECONDARY  SCHOOL  THAT  WOULD  BE  ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
  A.  THE  PROPOSED  CONTRACT  SHALL  PROVIDE  THE  NAME OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL.
  B. THE TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED  THEREIN,  AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS.
  C.  THE  PROPOSED  CONTRACT  SHALL  ESTABLISH A GOVERNING BOARD OF THE
REGIONAL SECONDARY SCHOOL, THAT  WILL  OPERATE  THE  REGIONAL  SECONDARY
SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS:
  (I)  THE  GOVERNING  BOARD  OF  THE REGIONAL SECONDARY SCHOOL SHALL BE
DESIGNATED BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF  EDUCATION
OF  THE  HOSTING  DISTRICT, OR A JOINT BOARD OF EDUCATION ESTABLISHED BY
THE PARTICIPATING DISTRICTS.
  (II) IN THE EVENT THE PROPOSED CONTRACT DESIGNATES A  JOINT  BOARD  OF
EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL:
  (1)  SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH NOT
LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC-
IPATING SCHOOL DISTRICT, AND WITH ANY REMAINING  MEMBERS  BEING  JOINTLY
APPOINTED  BY  THE  BOARDS  OF  EDUCATION  OF  THE  PARTICIPATING SCHOOL
DISTRICTS COLLECTIVELY;
  (2) THE PROPOSED CONTRACT, CONSISTENT  WITH  THE  PROVISIONS  OF  THIS
SECTION,  SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR APPOINTMENT
OF THE JOINT BOARD MEMBERS; AND
  (3) THE JOINT BOARD SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT
TO THE REGIONAL SECONDARY SCHOOL AS A BOARD OF EDUCATION OF A UNION FREE
SCHOOL DISTRICT HAS WITH RESPECT TO  ITS  SCHOOLS  UNDER  THIS  CHAPTER,
EXCEPT AS MODIFIED BY THE TERMS OF THE PROPOSED CONTRACT.
  (III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION,
SUPERVISION  AND  MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL AND SHALL
BE RESPONSIBLE FOR THE  ADMINISTRATION  OF  THE  SCHOOL,  INCLUDING  THE
CURRICULUM,  GRADING,  STAFFING  AND  THE  ISSUANCE  OF DIPLOMAS FOR ALL
STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL  BE  DESIG-
NATED IN THE PROPOSED CONTRACT.
  (IV)  THE  REGIONAL  SECONDARY  SCHOOL SHALL BE DEEMED A SCHOOL OF THE
GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES.
  D. THE  PROPOSED  CONTRACT  MAY  PROVIDE  THAT  THE  STUDENT'S  SCHOOL
DISTRICT  OF  RESIDENCE  MAY  ISSUE  THE STUDENT'S DIPLOMA, UPON CERTIF-
ICATION BY THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS  OF  THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET.
  E.  THE  PROPOSED  CONTRACT  SHALL DESIGNATE THE GRADES OF INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL.
  F. THE PROPOSED CONTRACT SHALL DESIGNATE  THE  SITE  OF  THE  REGIONAL
SECONDARY  SCHOOL,  WHICH  SHALL  BE WITHIN THE BOUNDARIES OF ONE OF THE
PARTICIPATING DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING  BUILD-
INGS AND/OR INFRASTRUCTURE.
  G.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
PROPOSED CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL  DISTRICT
SHALL  BE  RESPONSIBLE  FOR PROVIDING OR ARRANGING FOR TRANSPORTATION TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY  MAXIMUM
MILEAGE LIMITATION.
  H.  THE  PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING  BUT  NOT

S. 2607--C                         44

LIMITED  TO  A  CONTRACT  WITH  ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  I. THE PROPOSED CONTRACT SHALL SPECIFY:
  (I)  THAT  THE  STUDENTS  OF  EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF  THEIR  RESPECTIVE  PARTICIPATING  SCHOOL
DISTRICTS;
  (II)  THAT  THE  STUDENTS  SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL  DISTRICTS  FOR  PURPOSES  OF  ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
  (III)  THE  CURRENT  ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
  (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL  SECONDARY
SCHOOL.
  J.  THE  PROPOSED CONTRACT MUST DEMONSTRATE HOW THE REGIONAL SECONDARY
SCHOOL WILL PROVIDE INCREASED EDUCATIONAL  OPPORTUNITIES  FOR  STUDENTS,
INCLUDING  COURSES  AND PROGRAMS IN SCIENCE, TECHNOLOGY, ENGINEERING AND
MATH, TO PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS  AND  IMPROVE
STUDENT PERFORMANCE.
  K.  THAT  EMPLOYMENT  ISSUES OF THE REGIONAL SECONDARY SCHOOL SHALL BE
RESOLVED AS FOLLOWS:
  (I) THAT ALL TEACHERS, TEACHING ASSISTANTS AND TEACHER  AIDES  OF  THE
PARTICIPATING  SCHOOL  DISTRICTS,  WHOSE  SERVICES  IN THE PARTICIPATING
SCHOOL DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF  A
REGIONAL  SECONDARY  SCHOOL,  OR THE TRANSFER OF STUDENTS TO AN EXISTING
REGIONAL SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING  SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES  OF  THE  GOVERNING BOARD DESIGNATED IN THE PROPOSED CONTRACT,
AND SHALL RETAIN THEIR TENURE AND/OR EMPLOYMENT STATUS AND THE SENIORITY
GAINED IN THE PARTICIPATING DISTRICT.
  (II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR TEACHER AIDE POSITIONS NEEDED TO  PROVIDE  THE  EDUCATIONAL  SERVICES
REQUIRED  BY  A  REGIONAL  SECONDARY  SCHOOL  IS LESS THAN THE NUMBER OF
TEACHERS, TEACHING ASSISTANTS, AND TEACHER AIDS ELIGIBLE TO  BE  CONSID-
ERED  EMPLOYEES  OF  THE  DESIGNATED  GOVERNING  BOARD  OF SUCH REGIONAL
SECONDARY SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS  AND
TEACHER  AIDES  HAVING  THE  LEAST SENIORITY IN THE PARTICIPATING SCHOOL
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED.
  (III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES
FOR APPOINTMENT TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN  OFFICE  OR
POSITION  UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT IN
ACCORDANCE WITH THE PROVISIONS OF SECTION  TWENTY-FIVE  HUNDRED  TEN  OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER.
  (IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES,  THE  LENGTH  OF SERVICE CREDITED IN SUCH PARTICIPATING SCHOOL
DISTRICT PRIOR TO ITS PARTICIPATION IN  THE  REGIONAL  SECONDARY  SCHOOL
SHALL  BE  CREDITED  AS  EMPLOYMENT  TIME  WITH THE DESIGNATED GOVERNING
BOARD.
  (V) THAT UPON TERMINATION OF THE PROPOSED CONTRACT  PURSUANT  TO  THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO
THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS  AND  TEACHER AIDES EMPLOYED BY THE GOVERNING BOARD TO SERVE IN THE
REGIONAL SECONDARY SCHOOL SHALL HAVE THE SAME EMPLOYMENT RIGHTS  IN  THE
PARTICIPATING SCHOOL DISTRICTS AS TEACHERS WOULD HAVE UPON TAKEOVER OF A

S. 2607--C                         45

BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  PROGRAM  BY  SUCH  SCHOOL
DISTRICTS PURSUANT TO SECTION THREE THOUSAND FOURTEEN-B OF THIS CHAPTER.
  (VI)  THAT  ALL  SCHOOL  PRINCIPALS, ASSISTANT PRINCIPALS, SUPERVISORY
EMPLOYEES, AND NON-INSTRUCTIONAL EMPLOYEES OF THE  PARTICIPATING  SCHOOL
DISTRICTS,  WHOSE  SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS ARE NO
LONGER NEEDED BECAUSE OF  THE  ESTABLISHMENT  OF  A  REGIONAL  SECONDARY
SCHOOL,  OR  THE  TRANSFER OF STUDENTS TO AN EXISTING REGIONAL SECONDARY
SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING  SCHOOL  DISTRICT  JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
GOVERNING  BOARD  DESIGNATED  IN  THE  PROPOSED CONTRACT, AND SHALL HAVE
EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACHING ASSISTANTS OR  TEACHER
AIDES  PROVIDED  IN  THIS  SECTION AND THE EXISTING RELEVANT SECTIONS OF
THIS CHAPTER.
  L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT  OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE DESIGNATED GOVERNING
BOARD  AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE OF
CAPITAL EXPENSES ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL  WILL  BE
ALLOCATED AMONGST THE PARTICIPATING DISTRICTS.
  M.    THE  PROPOSED  CONTRACT  SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING,  CURRENT  AND  FUTURE  CAPITAL  CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS.
  N.  THE  PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING  THE  REGIONAL  SECONDARY  SCHOOL,  INCLUDING  THE
APPLICABLE  CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE  OF  THIS  CHAPTER  AND
PROCEDURES  FOR  SUPERINTENDENTS'  HEARINGS  AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAP-
TER.
  O.  THE  PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR  EACH  PARTICIPATING  SCHOOL
DISTRICT.
  P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES
AND  INTERSCHOLASTIC  ATHLETICS  WILL  BE  PROVIDED  TO  STUDENTS OF THE
REGIONAL SECONDARY SCHOOL.
  Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF  THE
REGIONAL  SECONDARY  SCHOOL  INCLUDING  EXPECTED  STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES.
  R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE  EMPLOYEES  OF  THE
REGIONAL  SECONDARY  SCHOOL  SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR  REPRE-
SENTATION,  OR,  WHERE  APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF  THE
HOSTING DISTRICT.
  S.  THE  PROPOSED  CONTRACT  SHALL  SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT,  THE  REGIONAL
SECONDARY  SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN  SEVEN  SCHOOL  YEARS
AND,  UPON  THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF  THE  BOARDS  OF
EDUCATION  OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECONDARY SCHOOL
SHALL COMMENCE OPERATIONS ON THE FIRST OF  JULY,  AND  SHALL  NOT  CEASE
OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.

S. 2607--C                         46

  S  1922.  ESTABLISHMENT  OF  A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES.  1.  A  REGIONAL  SECONDARY
SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION.
  2.  A  REGIONAL  SECONDARY  SCHOOL  MAY  BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
  3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL  BE  SUBJECT
TO  THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
  4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY  CONTAINED  WITHIN  THE
SUPERVISORY  DISTRICT  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
OPERATING THE REGIONAL SECONDARY SCHOOL.
  5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A  SECONDARY  SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.
  6. UPON THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL, EACH PARTIC-
IPATING DISTRICT SHALL CEASE OPERATION OF AT LEAST ONE SECONDARY SCHOOL,
EXCEPT  THAT  THE  HOSTING  DISTRICT MAY CONTINUE TO OPERATE A SECONDARY
SCHOOL AS A REGIONAL SECONDARY SCHOOL, PURSUANT  TO  THE  CONDITIONS  OF
THIS ARTICLE.
  7. PURSUANT TO THIS SECTION, THE REGIONAL SECONDARY SCHOOL OPERATED BY
A  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, SHALL HAVE SUCH BOARD OF
COOPERATIVE EDUCATIONAL SERVICES ASSUME THE RESPONSIBILITY  TO  OPERATE,
SUPERVISE  AND  MAINTAIN  THE REGIONAL SECONDARY SCHOOL AND THE ADMINIS-
TRATION OF SUCH REGIONAL SECONDARY SCHOOL.
  8. A. TO ESTABLISH A REGIONAL SECONDARY SCHOOL, TWO  OR  MORE  PARTIC-
IPATING  SCHOOL  DISTRICTS MUST INITIALLY ADOPT, BY MAJORITY VOTE OF THE
BOARD OF EDUCATION OF EACH PARTICIPATING DISTRICT, A RESOLUTION  PROPOS-
ING THE ESTABLISHMENT OF THE REGIONAL SECONDARY SCHOOL.
  B. THE RESOLUTION TO ESTABLISH A REGIONAL SECONDARY SCHOOL SHALL INDI-
CATE:
  (I) THE PROPOSED PARTICIPATING SCHOOL DISTRICTS;
  (II)  THAT  THE REGIONAL SECONDARY SCHOOL SHALL BE OPERATED BY A BOARD
OF COOPERATIVE EDUCATIONAL SERVICES;
  (III) A LISTING OF THE GRADES THAT WOULD BE INCLUDED IN  THE  REGIONAL
SECONDARY SCHOOL;
  (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
  (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
  C.  THE RESOLUTION TO ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST  OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
  9.  A.  IF  TWO  OR  MORE  SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION  SHALL  BE
PRESENTED  IN  A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
  B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A  MAJORITY  VOTE
OF  THE  PARTICIPATING  ELECTORS  IN  THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATING DISTRICTS.
  C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM,  IT
MAY  BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT MAY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
  10. UPON THE APPROVAL  OF  THE  VOTERS  IN  THE  REGIONAL  REFERENDUM,
PRESENTED  PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A  PROPOSED  CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.

S. 2607--C                         47

  11. WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION,
AND THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES OPERATING THE REGIONAL
SECONDARY  SCHOOL, AND UPON THE APPROVAL OF THE COMMISSIONER, ADDITIONAL
SCHOOL DISTRICTS, OTHERWISE ELIGIBLE TO ESTABLISH THE REGIONAL SECONDARY
SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, MAY JOIN
THE  REGIONAL  SECONDARY  SCHOOL  IN  THE SECOND OR A SUBSEQUENT YEAR OF
OPERATION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING  VOTER  APPROVAL
UPON A MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
  12.  A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM HELD
PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE  PARTICIPATING  SCHOOL
DISTRICTS  SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION OF
EACH PARTICIPATING SCHOOL DISTRICT, A PROPOSED CONTRACT FOR  THE  OPERA-
TION OF THE REGIONAL SECONDARY SCHOOL.
  B.  THE  PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY SCHOOL AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR  HIS  OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C.  THE  PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO  ARTICLE
FIVE-G  OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
  13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL  SECONDARY
SCHOOL,  AND  THE  REGIONAL  SECONDARY  SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
  A. THE PROPOSED CONTRACT  SHALL  PROVIDE  THE  NAME  OF  THE  REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL;
  B.  THE  TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS;
  C. THE PROPOSED CONTRACT SHALL ESTABLISH:
  (I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE  GOVERN-
ING  BOARD  OF  THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL
SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS;
  (II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL,  SHALL  HAVE  RESPONSIBILITY
FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY
SCHOOL  AND  SHALL  BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL,
INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS
FOR ALL STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL  BE
DESIGNATED IN THE PROPOSED CONTRACT; AND
  (III)  THAT  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES AS THE
GOVERNING BOARD OF THE REGIONAL  SECONDARY  SCHOOL  SHALL  BE  DEEMED  A
SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES;
  D.  THE  PROPOSED  CONTRACT  MAY  PROVIDE  THAT  THE  STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE  THE  STUDENT'S  DIPLOMA,  UPON  CERTIF-
ICATION  BY  THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET;
  E. THE PROPOSED CONTRACT SHALL DESIGNATE  THE  GRADES  OF  INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL;
  F.  THE  PROPOSED  CONTRACT  SHALL  DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES  OF  ONE  OF  THE
PARTICIPATING  DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE;
  G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROPOSED  CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING  FOR  TRANSPORTATION  TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-

S. 2607--C                         48

ANCE  WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
  H.  THE  PROPOSED CONTRACT MAY PROVIDE THAT STUDENT TRANSPORTATION MAY
BE PROVIDED BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING  BUT  NOT
LIMITED  TO  A  CONTRACT  WITH  ONE OR MORE PARTICIPATING DISTRICTS OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  I. THE PROPOSED CONTRACT SHALL SPECIFY:
  (I) THAT THE STUDENTS OF  EACH  PARTICIPATING  SCHOOL  DISTRICT  SHALL
REMAIN  ENROLLED  AS  STUDENTS  OF THEIR RESPECTIVE PARTICIPATING SCHOOL
DISTRICTS;
  (II) THAT THE STUDENTS SHALL BE TREATED AND  COUNTED  AS  STUDENTS  OF
THEIR  RESPECTIVE  PARTICIPATING  SCHOOL  DISTRICTS  FOR PURPOSES OF ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
  (III) THE CURRENT ENROLLMENT OF ALL  PARTICIPATING  SCHOOL  DISTRICTS;
AND
  (IV)  THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL SECONDARY
SCHOOL;
  J. THE PROPOSED CONTRACT MUST DEMONSTRATE HOW THE  REGIONAL  SECONDARY
SCHOOL  WILL  PROVIDE  INCREASED EDUCATIONAL OPPORTUNITIES FOR STUDENTS,
INCLUDING COURSES AND PROGRAMS IN SCIENCE, TECHNOLOGY,  ENGINEERING  AND
MATH,  TO  PREPARE STUDENTS FOR COLLEGE AND CAREER READINESS AND IMPROVE
STUDENT PERFORMANCE;
  K. THAT EMPLOYMENT ISSUES OF THE REGIONAL SECONDARY  SCHOOL  SHALL  BE
RESOLVED AS FOLLOWS:
  (I)  THAT  ALL  TEACHERS, TEACHING ASSISTANTS AND TEACHER AIDES OF THE
PARTICIPATING SCHOOL DISTRICTS,  WHOSE  SERVICES  IN  THE  PARTICIPATING
SCHOOL  DISTRICTS ARE NO LONGER NEEDED BECAUSE OF THE ESTABLISHMENT OF A
REGIONAL SECONDARY SCHOOL, OR THE TRANSFER OF STUDENTS  TO  AN  EXISTING
REGIONAL  SECONDARY SCHOOL, OR AS A RESULT OF A NEW PARTICIPATING SCHOOL
DISTRICT JOINING THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME
EMPLOYEES OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES DESIGNATED IN
THE PROPOSED CONTRACT, AND SHALL RETAIN THEIR TENURE  AND/OR  EMPLOYMENT
STATUS AND THE SENIORITY GAINED IN THE PARTICIPATING DISTRICT;
  (II) THAT IN THE EVENT THAT THE NUMBER OF TEACHING, TEACHING ASSISTANT
OR  TEACHER  AIDE  POSITIONS  NEEDED TO PROVIDE THE EDUCATIONAL SERVICES
REQUIRED BY A REGIONAL SECONDARY SCHOOL  IS  LESS  THAN  THE  NUMBER  OF
TEACHERS,  TEACHING  ASSISTANTS AND TEACHER AIDES ELIGIBLE TO BE CONSID-
ERED EMPLOYEES OF  THE  DESIGNATED  GOVERNING  BOARD  OF  SUCH  REGIONAL
SECONDARY  SCHOOL, THE SERVICES OF THE TEACHERS, TEACHING ASSISTANTS AND
TEACHER AIDES HAVING THE LEAST SENIORITY  IN  THE  PARTICIPATING  SCHOOL
DISTRICT WITHIN THE TENURE AREA OR CIVIL SERVICE STATUS, AS THE CASE MAY
BE, OF THE POSITION SHALL BE DISCONTINUED;
  (III) THAT ANY SUCH EMPLOYEES WHO ARE TEACHERS, TEACHING ASSISTANTS OR
TEACHER AIDES SHALL BE PLACED ON A PREFERRED ELIGIBLE LIST OF CANDIDATES
FOR  APPOINTMENT  TO A VACANCY THAT MAY THEREAFTER OCCUR IN AN OFFICE OR
POSITION UNDER THE JURISDICTION OF THE PARTICIPATING SCHOOL DISTRICT  IN
ACCORDANCE  WITH  THE  PROVISIONS  OF SECTION TWENTY-FIVE HUNDRED TEN OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER;
  (IV) THAT FOR ANY SUCH TEACHER, TEACHING ASSISTANT OR TEACHER AIDE WHO
IS RETAINED BY THE GOVERNING BOARD, FOR SALARY, SICK LEAVE AND ANY OTHER
PURPOSES, THE LENGTH OF SERVICE CREDITED IN  SUCH  PARTICIPATING  SCHOOL
DISTRICT  PRIOR  TO  ITS  PARTICIPATION IN THE REGIONAL SECONDARY SCHOOL
SHALL BE CREDITED AS EMPLOYMENT  TIME  WITH  THE  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES;
  (V)  THAT  UPON  TERMINATION OF THE PROPOSED CONTRACT PURSUANT TO THIS
SECTION AND THE RETURN OF STUDENTS FROM THE REGIONAL SECONDARY SCHOOL TO

S. 2607--C                         49

THE FORMER PARTICIPATING SCHOOL DISTRICT, THE TEACHERS, TEACHING ASSIST-
ANTS, AND TEACHER AIDES EMPLOYED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES TO SERVE IN THE REGIONAL SECONDARY SCHOOL SHALL HAVE  THE  SAME
EMPLOYMENT  RIGHTS  IN  THE  PARTICIPATING  SCHOOL DISTRICTS AS TEACHERS
WOULD HAVE UPON TAKEOVER OF A BOARD OF COOPERATIVE EDUCATIONAL  SERVICES
PROGRAM  BY  SUCH  SCHOOL  DISTRICTS  PURSUANT TO SECTION THREE THOUSAND
FOURTEEN-B OF THIS CHAPTER;
  (VI) THAT ALL SCHOOL  PRINCIPALS,  ASSISTANT  PRINCIPALS,  SUPERVISORY
EMPLOYEES,  AND  NON-INSTRUCTIONAL EMPLOYEES OF THE PARTICIPATING SCHOOL
DISTRICTS, WHOSE SERVICES IN THE PARTICIPATING SCHOOL DISTRICTS  ARE  NO
LONGER  NEEDED  BECAUSE  OF  THE  ESTABLISHMENT  OF A REGIONAL SECONDARY
SCHOOL, OR THE TRANSFER OF STUDENTS IN AN  EXISTING  REGIONAL  SECONDARY
SCHOOL,  OR  AS  A RESULT OF A NEW PARTICIPATING SCHOOL DISTRICT JOINING
THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES  DESIGNATED  IN  THE  PROPOSED
CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH-
ING  ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST-
ING RELEVANT SECTIONS OF THIS CHAPTER.
  L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT  OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE
LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE  REGIONAL  SECONDARY
SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS;
  M.  THE  PROPOSED  CONTRACT  SHALL  SPECIFY  THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING,  CURRENT  AND  FUTURE  CAPITAL  CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS;
  N.  THE  PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING  THE  REGIONAL  SECONDARY  SCHOOL,  INCLUDING  THE
APPLICABLE  CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE  OF  THIS  CHAPTER  AND
PROCEDURES  FOR  SUPERINTENDENTS'  HEARINGS  AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAP-
TER;
  O.  THE  PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR  EACH  PARTICIPATING  SCHOOL
DISTRICT;
  P.  THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS  WILL  BE  PROVIDED  TO  STUDENTS  OF  THE
REGIONAL SECONDARY SCHOOL;
  Q.  THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING  EXPECTED  STATE  AID  AND  EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES;
  R.  THE  PROPOSED  CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH  NEW  EMPLOYEE  ORGANIZATIONS,
PURSUANT  TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL  BECOME  MEMBERS  OF
THE  APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT; AND
  S. THE PROPOSED CONTRACT SHALL SET  FORTH  ANY  OTHER  INFORMATION  OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  14.  IF  THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED,  SHALL
BE  FOR  A  PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED  PURSUANT  TO
MUTUAL  AGREEMENT  BY  MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF

S. 2607--C                         50

EDUCATION OF THE PARTICIPATING DISTRICTS AND THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.  THE  REGIONAL  SECONDARY
SCHOOL  SHALL  COMMENCE  OPERATIONS  ON THE FIRST OF JULY, AND SHALL NOT
CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
  S  1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS ATTEND-
ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL
DISTRICT OF RESIDENCE AND SHALL BE INCLUDED IN  THE  APPLICABLE  MEMBER-
SHIP,  ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THEIR  RESPECTIVE SCHOOL
DISTRICTS OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO  SUCH
SCHOOL  DISTRICTS.  THE  COSTS  OF  EDUCATING EACH SUCH STUDENT SHALL BE
INCLUDED IN THE APPROVED  OPERATING  EXPENSE  OF  THE  STUDENT'S  SCHOOL
DISTRICT  OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION,
THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME
MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA-
BLE TO THE SCHOOL DISTRICT OF RESIDENCE.
  2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
SCHOOL  DISTRICT  THAT  OWNS  THE  FACILITY  USED  TO HOUSE THE REGIONAL
SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING
AID PURSUANT TO THE APPLICABLE PROVISIONS  OF  SUBDIVISION  SIX,  SIX-A,
SIX-C,  SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER
FOR PROJECTS INVOLVING THE REGIONAL SECONDARY SCHOOL THAT  ARE  APPROVED
BY  THE  QUALIFIED  VOTERS  OF  SUCH DISTRICT AFTER ESTABLISHMENT OF THE
REGIONAL SECONDARY SCHOOL, PROVIDED THAT  SUCH  AID  SHALL  BE  COMPUTED
USING  THE  BUILDING  AID  RATIO  APPLICABLE  TO  PROJECTS OF THE SCHOOL
DISTRICT THAT OWNS THE REGIONAL  SECONDARY  SCHOOL  FACILITY  UNDER  THE
PROVISIONS  OF  PARAGRAPHS  B  AND  C  OF  SUBDIVISION  SIX  OF  SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID  TO  SUCH
SCHOOL  DISTRICT  OR TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON
BEHALF OF SUCH SCHOOL DISTRICT WHERE THE  BOARD  OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  OPERATES  THE  REGIONAL  SECONDARY  SCHOOL. THE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
LOCAL SHARE OF THE COSTS OF SUCH PROJECTS TO  THE  PARTICIPATING  SCHOOL
DISTRICTS  IN  ACCORDANCE  WITH  ITS  CONTRACT  ENTERED INTO PURSUANT TO
SECTION NINETEEN HUNDRED TWENTY OR NINETEEN HUNDRED TWENTY-ONE  OF  THIS
ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE FOR AID PURSU-
ANT  TO  SUBDIVISION  SIX-B  OR  PARAGRAPH  C OF SUBDIVISION FOURTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  3. NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY  OR
NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF
A  REGIONAL  SECONDARY  SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES THAT IS HOUSED IN A FACILITY OWNED  BY  A  PARTICIPATING
SCHOOL  DISTRICT,  THE  CAPITAL EXPENSES FOR BUILDING PROJECTS INVOLVING
THE REGIONAL SECONDARY SCHOOL SHALL BE A CHARGE UPON  THE  PARTICIPATING
SCHOOL  DISTRICTS  ONLY,  AND SUCH COSTS SHALL NOT BE ALLOCATED TO OTHER
COMPONENT SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE  ELIGIBLE
FOR  AID  PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY
OF THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED  SERVICES
PROVIDED  BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUPPLEMENT
THE PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR  AID
PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE
ADMINISTRATIVE  EXPENSES  ATTRIBUTABLE  TO THE REGIONAL SECONDARY SCHOOL
AND THE CAPITAL EXPENSES ATTRIBUTABLE TO  A  REGIONAL  SECONDARY  SCHOOL
HOUSED  IN  A  FACILITY  OWNED  BY  THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN  ACCORDANCE
WITH  SECTION  NINETEEN  HUNDRED  FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF

S. 2607--C                         51

THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT  TO  SUCH  SUBDIVISION
FIVE OF SECTION NINETEEN HUNDRED FIFTY.
  4.  THE  BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A
REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR
ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR-
TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL
SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL
ESTABLISH  AN  ADVISORY  COMMITTEE.  THE  ADVISORY  COMMITTEE  SHALL  BE
COMPOSED  OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD  OF  EDUCATION  OF  EACH
SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE,
AND  THE  SUPERINTENDENT  OF  EACH PARTICIPATING SCHOOL DISTRICT AND THE
SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND-
ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF  THE  SUPERVISORY  DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
  2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS  THAN  FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY  COMMITTEE
SHALL  REVIEW  THE  OPERATION  OF THE REGIONAL SECONDARY SCHOOL AND MAKE
RECOMMENDATIONS TO THE HOSTING DISTRICT  OR  THE  SUPERVISORY  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES, AS THE CASE MAY BE, ON THE CONTINUED
OPERATION OF SUCH SECONDARY SCHOOL.
  S 3. Subdivision 4 of section 1950 of the education law is amended  by
adding a new paragraph oo to read as follows:
  OO.  PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN  AGREEMENT  WITH  TWO  OR
MORE  SCHOOL DISTRICTS ELIGIBLE TO ENTER SUCH AN AGREEMENT IN ACCORDANCE
WITH SECTION NINETEEN  HUNDRED  TWENTY-TWO  OF  THIS  TITLE,  WHICH  MAY
INCLUDE  CITY  SCHOOL  DISTRICTS, CENTRAL SCHOOL DISTRICTS, CENTRAL HIGH
SCHOOL DISTRICTS, UNION FREE  SCHOOL  DISTRICTS,  AND/OR  COMMON  SCHOOL
DISTRICTS  WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
THE BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  TO  FORM  A  REGIONAL
SECONDARY  SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  HAVE  THE
SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS
THE  BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH RESPECT
TO ITS SCHOOLS, CONSISTENT WITH THE TERMS  OF  ITS  AGREEMENT  WITH  THE
PARTICIPATING SCHOOL DISTRICTS.
  S 4. Paragraph h of subdivision 4 of section 1950 of the education law
is  amended  by  adding three new subparagraphs 11, 12 and 13 to read as
follows:
  (11) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO  OPERATE  A
REGIONAL  SECONDARY  SCHOOL AS ESTABLISHED PURSUANT TO THE PROVISIONS OF
SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE.
  (12) TO DEVELOP CORE CURRICULUM  FOR  STUDENTS  ATTENDING  A  REGIONAL
SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE-
TEEN HUNDRED TWENTY-TWO OF THIS TITLE.
  (13)  TO  ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO
GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE, UNDER
THE SAME CONDITIONS AS A SCHOOL DISTRICT.
  S 5. Paragraph b of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8) FOR REGIONAL SECONDARY SCHOOLS  ESTABLISHED  PURSUANT  TO  SECTION
NINETEEN  HUNDRED  TWENTY-TWO  OF  THIS  TITLE, THE BOARD OF COOPERATIVE

S. 2607--C                         52

EDUCATIONAL SERVICES SHALL PREPARE AND PROPOSE  A  TENTATIVE  BUDGET  OF
EXPENDITURES  FOR  PROGRAM,  ADMINISTRATIVE AND CAPITAL COSTS TO OPERATE
THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR. SUCH  PROPOSED
BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING
SCHOOL  DISTRICT  OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED
IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN  HUNDRED
TWENTY-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT
SHALL  BE AFFORDED TO REVIEW AND COMMENT ON THE PROPOSED BUDGET PRIOR TO
ITS FINAL ADOPTION BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
  K. TRANSITION  INCENTIVE  AID  FOR  REGIONAL  SECONDARY  SCHOOLS.  (1)
NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS A THROUGH G OF THIS SUBDI-
VISION, FOR AID PAYABLE  IN  THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES TO
AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU-
ANT TO ARTICLE THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO  ON  OR  AFTER
JULY  FIRST,  TWO  THOUSAND  THIRTEEN  AND PARTICIPATED IN SUCH REGIONAL
SECONDARY SCHOOL IN THE BASE  YEAR  SHALL  BE  ELIGIBLE  FOR  TRANSITION
INCENTIVE  AID  PURSUANT  TO  THIS PARAGRAPH PROVIDED THAT THE FOLLOWING
CONDITIONS ARE MET:
  (I) THE REGIONAL SECONDARY SCHOOL  AGREEMENT  INCLUDES  AT  LEAST  TWO
SCHOOL  DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN SECONDARY
SCHOOLS, AND HAS CEASED DISTRICT OPERATION OF AT LEAST ONE  HIGH  SCHOOL
OR  JUNIOR  HIGH  SCHOOL  FOLLOWING  THE  ESTABLISHMENT  OF THE REGIONAL
SECONDARY SCHOOL, OR
  (II) THE REGIONAL SECONDARY SCHOOL AGREEMENT  INCLUDES  AT  LEAST  ONE
SCHOOL  DISTRICT  WHICH  PREVIOUSLY  MAINTAINED  ITS  OWN HIGH SCHOOL OR
JUNIOR HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR  JUNIOR
HIGH  SCHOOL  FOLLOWING  THE  ESTABLISHMENT  OF  THE  REGIONAL SECONDARY
SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL
DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN
HIGH SCHOOL OR JUNIOR SCHOOL;
  (2) IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT  IS
PARTY  TO  SUCH  AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED TO AN APPOR-
TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY PERCENT OF THE APPORTIONMENT
COMPUTED IN ACCORDANCE WITH THE PROVISIONS  OF  PARAGRAPH  D-1  OF  THIS
SUBDIVISION,  MULTIPLIED  BY  (II)  THE QUOTIENT OF THE NUMBER OF PUPILS
WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY  SCHOOL  IN
THE  BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT
OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL  SECONDARY
SCHOOL(S);  PROVIDED  FURTHER  THAT  SUCH DISTRICTS SHALL BE ELIGIBLE TO
RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO  THE  PRODUCT  OF  (I)  TEN
PERCENT  OF THE APPORTIONMENT COMPUTED IN ACCORDANCE WITH THE PROVISIONS
OF PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE QUOTIENT  OF
THE  NUMBER OF PUPILS WITHIN SUCH SCHOOL DISTRICT ATTENDING THE REGIONAL
SECONDARY SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC  SCHOOL
DISTRICT ENROLLMENT OF SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW
REGIONAL  SECONDARY SCHOOL(S) UPON MEETING ACADEMIC ACHIEVEMENT GOALS AS
ESTABLISHED  BY  THE  COMMISSIONER  IN  ACCORDANCE  WITH  A  METHODOLOGY
PRESCRIBED  IN THE REGULATIONS OF THE COMMISSIONER. IN NO CASE SHALL THE
SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH PLUS THE SELECTED  OPER-
ATING  AID  PER  PUPIL BE MORE THAN A TOTAL OF NINETY-FIVE PER CENTUM OF
THE YEAR PRIOR TO THE  BASE  YEAR  APPROVED  OPERATING  EXPENSE.  SCHOOL
DISTRICTS  WHICH RECEIVE AN APPORTIONMENT UNDER THIS PARAGRAPH SHALL NOT

S. 2607--C                         53

BE ELIGIBLE FOR AN APPORTIONMENT UNDER PARAGRAPH  C,  F  OR  J  OF  THIS
SUBDIVISION.
  (3)  THE  APPORTIONMENT  THAT  A  SCHOOL DISTRICT SHALL BE ENTITLED TO
RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED,
AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE  AMOUNT
OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE
SUCH APPORTIONMENT.
  S  7.  This  act shall take effect July 1, 2013, provided that if this
act becomes a law after such date, it shall take effect immediately  and
be  deemed  to  have  been in full force and effect on and after July 1,
2013.

                                 PART B

  Section 1. Section 350 of the education law is amended by adding  four
new subdivisions 10, 11, 12 and 13 to read as follows:
  10.  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE  PUBLIC  AUTHORITIES
LAW.
  11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THE PUBLIC AUTHORITIES LAW.
  13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR  BOND  OF  THE
DORMITORY  AUTHORITY  (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES  OR
REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
RY  FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS  OR  NOTES,  TO  FUND  ANY
RESERVE  ESTABLISHED  FOR  THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT  OF
ANY  NOTE  OR  BOND  PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE  FUND
AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
  S  2.  Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
  Y. TO BETTER SECURE DORMITORY AUTHORITY  BONDS  ISSUED  IN  CONNECTION
WITH  DORMITORY  FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,
THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN  NAME,
TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
RY  FACILITY  REVENUES,  AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  EIGHT-
Y-Q  OF  THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE  PURSUANT  TO  THIS  PARAGRAPH
SHALL  CONSTITUTE  A  TRUE  SALE  AND ABSOLUTE TRANSFER OF THE DORMITORY
FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
ITIES REVENUES OR OF ANY RESIDUAL RIGHT  TO  PAYMENT  OF  ANY  DORMITORY
FACILITY  REVENUES  REMAINING  IN  THE DORMITORY FACILITIES REVENUE FUND
AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH  PARAGRAPH
(B)  OF  SUBDIVISION  THREE  OF  SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE

S. 2607--C                         54

PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST  IN  AND  TO  ANY
MONEYS  PAID  TO  OR  UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
TWO  OF  SECTION  SIXTEEN  HUNDRED  EIGHTY OF THE PUBLIC AUTHORITIES LAW
SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
ERTY OF THE STATE UNIVERSITY OF NEW YORK, AND  THE  DORMITORY  AUTHORITY
SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
  S  3. Subdivision 8 of section 355 of the education law, as amended by
chapter 553 of the laws of 1985, is amended to read as follows:
  8. [All] EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys  received  by
the  state  university  of  New  York and by state-operated institutions
thereof from appropriations,  tuition,  fees,  user  charges,  sales  of
products  and services and from all other sources, including sources and
activities of the state university which are intended by law to be self-
supporting may be credited to an appropriate fund or funds to be  desig-
nated  by  the  state comptroller. The amounts so paid into such fund or
funds which were received by or for the state university shall  be  used
for  expenses of the state university in carrying out any of its objects
and purposes and such amounts received by or for  state-operated  insti-
tutions  of the state university shall be used for expenses of the state
university under regulations prescribed by the  state  university  trus-
tees.  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
DORMITORY  FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY BY
ASSIGNMENT OR OTHERWISE PURSUANT TO PARAGRAPH Y OF  SUBDIVISION  TWO  OF
THIS  SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS AGENT
FOR THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID  WITHOUT
APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
ANT  TO  SUBDIVISION  FOUR  OF SECTION FOUR OF THE STATE FINANCE LAW FOR
DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
  S 4. The public authorities law is amended by  adding  a  new  section
1680-q to read as follows:
  S  1680-Q.  STATE  UNIVERSITY OF NEW YORK DORMITORY FACILITIES.  1. AS
USED IN OR REFERRED TO IN  THIS  SECTION,  UNLESS  A  DIFFERENT  MEANING
APPEARS  FROM  THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
RESPECTIVE MEANINGS:
  (A) "AGREEMENT" MEANS AN AGREEMENT BY AND BETWEEN  THE  AUTHORITY  AND
THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.
  (B)  "DORMITORY  FACILITIES  REVENUE  FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
  (D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED  SEVENTY-SIX
OF THIS TITLE.
  (E)  "DORMITORY  FACILITY  REVENUE BOND" MEANS ANY NOTE OR BOND OF THE
AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF  APRIL,  TWO  THOUSAND
THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
ITIES,  INCLUDING  NOTES  OR  BONDS  ISSUED  TO  PAY  COSTS  INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON  SUCH  BONDS,  TO  FUND  ANY  RESERVE
ESTABLISHED  FOR  THE  IMPROVEMENT, REPAIR, MAINTENANCE OR OPERATIONS OF

S. 2607--C                         55

DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF  ANY  NOTE
OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
  (F)  "PRIOR  DORMITORY  FACILITY  BOND"  MEANS ANY NOTE OR BOND OF THE
AUTHORITY  ISSUED  PRIOR  TO  APRIL  FIRST,  TWO  THOUSAND  THIRTEEN  IN
CONNECTION WITH DORMITORY FACILITIES.
  (G)  "STATE  UNIVERSITY"  MEANS  THE  STATE  UNIVERSITY OF NEW YORK, A
CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
OF THE EDUCATION LAW.
  2. THE AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO  THOUSAND  THIR-
TEEN,  ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
NINE HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE  EXCLUSIVE
OF  BONDS  AND  NOTES  ISSUED TO FUND ANY RESERVE FUND OR FUNDS, COST OF
ISSUANCE, ORIGINAL ISSUE PREMIUM, AND  TO  REFUND  ANY  PRIOR  DORMITORY
FACILITY  BONDS  OR  ANY DORMITORY FACILITY REVENUE BONDS. THE AUTHORITY
AND THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO  AGREEMENTS
RELATING  TO,  AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY OR INTER-
ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
MENT, EQUIPPING AND FURNISHING OF DORMITORY  FACILITIES,  THE  OPERATION
AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
DISBURSEMENT  OF  DORMITORY  FACILITIES REVENUES, THE TITLE TO WHICH HAS
BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
ANT  TO  PARAGRAPH  Y  OF  SUBDIVISION  TWO  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE  OF  THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED EXCEPT TO
FINANCE CAPITAL WORKS OR PURPOSES. NOTWITHSTANDING ANY  OTHER  PROVISION
OF  LAW,  DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO BE REVENUES
OF THE STATE. THE STATE SHALL NOT BE LIABLE  FOR  ANY  PAYMENTS  ON  ANY
DORMITORY  FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT OF
THE STATE.
  3. (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE  COMMISSIONER
OF  TAXATION  AND  FINANCE  A  SPECIAL FUND TO BE KNOWN AS THE DORMITORY
FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
ITIES REVENUES  CONVEYED,  ASSIGNED  OR  OTHERWISE  TRANSFERRED  TO  THE
AUTHORITY  PURSUANT  TO  PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY-FIVE OF THE EDUCATION  LAW,  WHICH  UPON  RECEIPT  BY  THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
FOUR  OF  SECTION  FOUR OF THE STATE FINANCE LAW. THE MONEYS IN THE FUND
SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF THE  AUTHORITY.  THE  MONEYS
HELD  IN  THE FUND SHALL BE HELD SEPARATE AND APART FROM AND NOT COMMIN-
GLED WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY  OF
THE COMMISSIONER OF TAXATION AND FINANCE.  ALL DEPOSITS OF MONEYS SHALL,
IF  REQUIRED  BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF  THE  STATE  HAVING  A
MARKET  VALUE  EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE  AUTHORIZED  TO  GIVE  SECURITY  FOR  SUCH
DEPOSITS.  ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED  IN
SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
NOT  LATER  THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING  CALENDAR
MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
ING CALENDAR MONTH.

S. 2607--C                         56

  (B)  DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING  CALENDAR  YEAR,
THE  COMMISSIONER  OF  TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
THE  AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY THE
AUTHORITY PURSUANT TO PARAGRAPH (C)  OF  THIS  SUBDIVISION.  ANY  MONEYS
REMAINING  IN  THE  FUND AFTER PAYMENT TO THE AUTHORITY OF THE AMOUNT SO
CERTIFIED SHALL BE PAID BY THE COMMISSIONER OF TAXATION AND  FINANCE  IN
ACCORDANCE  WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND TO
ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
THE AGREEMENT SHALL VEST IN THE STATE UNIVERSITY  AND  BE  THE  ABSOLUTE
PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
ANY INTEREST IN SUCH MONEYS.
  (C)  THE  AUTHORITY  SHALL, NOT LATER THAN BY THE FIRST DAY OF JUNE OF
EACH CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND  FINANCE
AND  TO  THE  STATE UNIVERSITY: (I) THE AMOUNT OF THE RENTALS, INCLUDING
THE AMOUNTS REQUIRED FOR PAYMENT OF THE PRINCIPAL OF,  AND  INTEREST  ON
PRIOR  DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE UNIVER-
SITY TO THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING  ON  THE
SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
ANT  TO  THE  AGREEMENT  BETWEEN THE AUTHORITY AND THE STATE UNIVERSITY,
DATED  AS  OF  THE  TWENTIETH  DAY  OF   SEPTEMBER,   NINETEEN   HUNDRED
NINETY-FIVE,  AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN  CONNECTION
WITH  THE  PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT REQUIRED FOR
PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
RY REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS  PAYABLE
ON  JANUARY  FIRST  OF  SUCH  TWELVE MONTH PERIOD AND ON JULY FIRST NEXT
SUCCEEDING SUCH TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED  TO  MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR  THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE DORMITORY FACILITY REVENUE BONDS; (V) THE  AMOUNT  REQUIRED  TO
RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
TY  REVENUE  BONDS  TO ITS REQUIREMENT; AND (VI) THE COSTS, EXPENSES AND
OVERHEAD OF THE DORMITORY AUTHORITY TO BE INCURRED  DURING  SUCH  TWELVE
MONTH  PERIOD  IN  CONNECTION  WITH  AND REASONABLY RELATED TO DORMITORY
FACILITIES FINANCED THROUGH THE ISSUANCE OF DORMITORY  FACILITY  REVENUE
BONDS.  EACH  SUCH  AMOUNT  SHALL BE SEPARATELY STATED AND IDENTIFIED IN
SUCH CERTIFICATE.  ANY  SUCH  CERTIFICATE  SUBMITTED  BY  THE  DORMITORY
AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS
NECESSARY  TO  ADJUST  THE AMOUNTS SET FORTH THEREIN. THE MONEYS PAID TO
THE AUTHORITY PURSUANT TO PARAGRAPH (B) OF  THIS  SUBDIVISION  SHALL  BE
APPLIED  BY  THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH THE AMOUNTS
SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
  S 5. For the purposes of paragraphs (b) and (c) of  subdivision  3  of
section  1680-q  of the public authorities law, as added by section four
of this act, the dormitory authority shall, within thirty days after the
date on which this act shall become effective, make and deliver  to  the
commissioner  of  taxation  and  finance and the state university of New
York a certification in the form and substance required  by  such  para-
graph (c) with respect to amounts required for the items specified ther-
ein during the period from the effective date of this act to and includ-
ing  the  thirtieth  day  of  June,  2013, and, if this act shall become
effective after the first day of June, 2013, for the twelve month period
commencing the first day of July, 2013, to and including  the  thirtieth

S. 2607--C                         57

day  of  June, 2014. No money shall be paid by the commissioner of taxa-
tion and finance out of  the  dormitory  facility  revenue  fund  except
unless  and  until  such  commissioner has received the certification or
certifications required by this section.
  S 6. This act shall take effect immediately.

                                 PART C

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part H of
chapter 57 of the laws of 2012, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2013] 2014, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H  of  chapter
57 of the laws of 2012, is amended to read as follows:
  (h)  [If  a  college did not apply for a potential grant] IN THE EVENT
THAT ANY COLLEGES DO NOT APPLY FOR  HIGHER  EDUCATION  CAPITAL  MATCHING
GRANTS  by  March  31,  2009,  OR  IN  THE  EVENT THEY APPLY FOR AND ARE
AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
associated with  such  [potential  grant]  GRANTS  shall  THEREAFTER  be
awarded[,]  TO  COLLEGES  on  a  competitive basis, [to other colleges,]
according to the priorities set forth below. [Colleges]  NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
for  [unutilized  grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR
PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
PARAGRAPH.  In such cases, the following priorities shall apply:  first,
priority shall be given to otherwise eligible colleges that either were,
or would have been, deemed ineligible for the program prior to March 31,
2009,  due  to  missed  deadlines,  insufficient matching funds, lack of
accreditation or other disqualifying  reasons;  and  second,  after  the
board  has  acted  upon  all such first-priority applications for unused
funds, if any such funds remain, those  funds  shall  be  available  for
distribution  to  eligible  colleges  [that  are located within the same
Regents of the State of New  York  region  for  which  such  funds  were
originally  allocated].  The dormitory authority shall develop a request
for proposals and application process, in consultation with  the  board,
for  [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT TO
THIS PARAGRAPH, and shall develop criteria, subject  to  review  by  the
board,  for  the  awarding of such grants. Such criteria shall [incorpo-

S. 2607--C                         58

rate] INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained  in
paragraph  (c)  of  this  subdivision,  and the application criteria set
forth in paragraph (e) of  this  subdivision.  The  dormitory  authority
shall  require all applications in response to the request for proposals
to be submitted by September 1, [2012] 2013, and the board shall act  on
each application for such matching grants by November 1, [2012] 2013.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to the New York state higher education capi-
tal matching grant program  for  independent  colleges,  as  amended  by
section  3  of  part  H of chapter 57 of the laws of 2012, is amended to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter  for a period ending on March 31, [2014]
2015, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education matching capital grant program
for independent colleges, as amended by section 4 of part H  of  chapter
57 of the laws of 2012, is amended to read as follows:
  (b)  Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2013]
2014, on the use of funding received and its programmatic  and  economic
impact.  The  dormitory  authority  shall  submit a report no later than
November 1, [2013] 2014 to the board, the governor, the director of  the
budget,  the  temporary  president of the senate, and the speaker of the
assembly on the aggregate impact of the higher education matching  capi-
tal grant program. Such report shall provide information on the progress
and economic impact of such project.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.

                                 PART D
                          Intentionally Omitted

                                 PART E

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part C of chapter 57 of the  laws  of  2012,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$135.00] $137.00 for each month beginning on or after
January first, two thousand [twelve] THIRTEEN.

S. 2607--C                         59

  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$155.00] $158.00 for each month beginning on
or after January first, two thousand [twelve] THIRTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$184.00]  $187.00  for  each  month
beginning on or after January first, two thousand [twelve] THIRTEEN.
  (d)  for  the period commencing January first, two thousand [thirteen]
FOURTEEN, the monthly personal needs allowance shall be an amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [thirteen] FOURTEEN, but prior to June thirtieth, two  thousand
[thirteen] FOURTEEN, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
C of chapter 57 of the laws of 2012, are amended to read as follows:
  (a) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living alone, [$785.00] $797.00; and for an eligible
couple living alone, [$1152.00] $1170.00.
  (b) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible  individual  living with others with or without in-kind income,
[$721.00] $733.00; and for an eligible couple living with others with or
without in-kind income, [$1094.00] $1112.00.
  (c) On and after January first, two thousand  [twelve]  THIRTEEN,  (i)
for  an  eligible individual receiving family care, [$964.48] $976.48 if
he or she is receiving such care in the city of New York or  the  county
of  Nassau,  Suffolk,  Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving  such  care  in  any other county in the state, [$926.48]
$938.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d) On and after January first, two thousand  [twelve]  THIRTEEN,  (i)
for  an  eligible  individual  receiving  residential  care,  [$1133.00]
$1145.00 if he or she is receiving such care in the city of New York  or
the  county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of  New  York  or
the  county  of  Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for  an
eligible  individual  receiving  such  care  in  any other county in the
state, [$1103.00] $1115.00; and (iv) for an  eligible  couple  receiving
such  care  in  any  other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
  (e) (i) On and after January first, two  thousand  [twelve]  THIRTEEN,
for   an   eligible  individual  receiving  enhanced  residential  care,
[$1392.00] $1404.00; and (ii) for an eligible couple receiving  enhanced
residential  care, two times the amount set forth in subparagraph (i) of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases  in  federal  supple-

S. 2607--C                         60

mental  security income benefits for individuals or couples which become
effective on or after January first, two  thousand  [thirteen]  FOURTEEN
but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
  S 3. This act shall take effect December 31, 2013.

                                 PART F
                          Intentionally Omitted

                                 PART G

  Section  1.  Subdivisions 4 and 5 of section 412 of the executive law,
as amended by chapter 182 of the laws of 2002, are amended and  two  new
subdivisions 8 and 9 are added to read as follows:
  4. "Municipality" shall mean a county, [city, village, town, that part
of  a  town not included within the boundaries of a village, or a school
district (if approved for such purpose by the commissioner, in instances
where no other municipality, overlapping such school district  in  whole
or  part,  is  receiving state aid pursuant to this article or upon such
other basis as the commissioner shall by regulation determine).  Munici-
pality may mean an Indian reservation, subject to rules and  regulations
of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE WITH
A LOCAL YOUTH BUREAU.
  5.  "Youth  DEVELOPMENT program" shall mean a ["youth bureau," "recre-
ation project"  or  "youth  service"  project  established  under  prior
authorizing  legislation establishing a temporary state youth commission
as well as similar] local [programs] PROGRAM designed to accomplish  the
broad purposes of this article[. The definition, determination and clas-
sification  of  youth  programs  shall  be]  subject to [approval by the
office in accordance with] THE rules and regulations [adopted by it], AS
REQUIRED UNDER PARAGRAPH D OF SUBDIVISION ONE OF  SECTION  FOUR  HUNDRED
TWENTY OF THIS ARTICLE, OF THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH
DEVELOPMENT  PROGRAM"  SHALL  NOT  INCLUDE  APPROVED RUNAWAY PROGRAMS OR
TRANSITIONAL INDEPENDENT LIVING  SUPPORT  PROGRAMS  AS  SUCH  TERMS  ARE
DEFINED IN SECTION FIVE HUNDRED THIRTY-TWO-A OF THIS CHAPTER.
  8.  "LOCAL  YOUTH  BUREAU"  SHALL MEAN AN AGENCY IN A MUNICIPALITY, AS
DEFINED IN THIS SECTION.
  9. "MUNICIPAL YOUTH BUREAU" SHALL MEAN AN AGENCY IN A  CITY,  TOWN  OR
VILLAGE  WITH  A  TOTAL  POPULATION  OF TWENTY THOUSAND OR MORE PRIOR TO
JANUARY FIRST, TWO THOUSAND FOURTEEN.
  S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
a new subdivision 1 is added to read as follows:
   1. A. (1) EACH MUNICIPALITY OPERATING  A  YOUTH  DEVELOPMENT  PROGRAM
APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
FOR  ONE  HUNDRED  PERCENT STATE REIMBURSEMENT OF ITS QUALIFIED EXPENDI-
TURES, SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY  FEDERAL
FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
UTION OF STATE AID UNDER THIS ARTICLE.
  (2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO AN ELIGIBLE
LOCAL YOUTH BUREAU WITHIN A MUNICIPALITY THAT HAS AN APPROVED COMPREHEN-
SIVE  PLAN  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVI-
SION. SUCH STATE AID SHALL BE LIMITED TO THE FUNDS  SPECIFICALLY  APPRO-
PRIATED  THEREFOR  AND SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT
NOT BE LIMITED TO, THE PERCENTAGE OF YOUTH LIVING  IN  POVERTY  AND  THE
NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY

S. 2607--C                         61

AS  SHOWN  BY  THE  LAST  PUBLISHED FEDERAL CENSUS CERTIFIED IN THE SAME
MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW.
  (3)  ELIGIBLE  MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR
DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE  SHALL  NOT
REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN
TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE.
THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC-
TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
  B.  YOUTH  DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES
DESIGNED TO  PROMOTE  POSITIVE  YOUTH  DEVELOPMENT.  SUCH  PROGRAMS  MAY
INCLUDE,  BUT  NOT  BE  LIMITED  TO:  PROGRAMS THAT PROMOTE PHYSICAL AND
EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND  COMMU-
NITY  ENGAGEMENT;  FAMILY  SUPPORT  SERVICES;  SERVICES TO PREVENT CHILD
ABUSE AND NEGLECT; SERVICES TO AVERT  FAMILY  CRISES;  AND  SERVICES  TO
ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT
TO  THE  REGULATIONS  OF  THE OFFICE, AS REQUIRED BY PARAGRAPH D OF THIS
SUBDIVISION, A MUNICIPALITY MAY ENTER INTO CONTRACTS TO  EFFECTUATE  ITS
YOUTH  DEVELOPMENT  PROGRAM ESTABLISHED AND APPROVED AS PROVIDED IN THIS
ARTICLE.
  C. EACH MUNICIPALITY SHALL DEVELOP, IN  CONSULTATION  WITH  THE  LOCAL
YOUTH  BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT PROGRAMS.
SUCH COMPREHENSIVE PLAN SHALL BE SUBJECT TO THE APPROVAL OF  THE  OFFICE
OF  CHILDREN  AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF
THIS PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN  A  MANNER
AND  AT  SUCH  TIMES  AND FOR SUCH PERIODS AS THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL DETERMINE.
  (1) SUCH COMPREHENSIVE PLAN SHALL:
  (I) ADDRESS  THE  NEED  IN  THE  MUNICIPALITY  FOR  YOUTH  DEVELOPMENT
PROGRAMS  IN TOWNS, CITIES AND VILLAGES WHICH HAVE A YOUTH POPULATION OF
TWENTY THOUSAND OR MORE PERSONS;
  (II) SPECIFY HOW THE MUNICIPALITY WILL  MEASURE  PERFORMANCE  OUTCOMES
FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
  (III)  SPECIFY  THE  PROJECTED  PERFORMANCE  OUTCOMES FOR SERVICES AND
PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED  POSITIVE  OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
  (IV)  PROVIDE  INFORMATION  ON  THE  PERFORMANCE  OUTCOMES OF SERVICES
PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT  TO
THIS  SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
ED UNDER SUCH PLAN.
  (2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY  SHALL  HAVE  SIXTY
DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
PLAN.
  D.  THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES SHALL DEVELOP AND
PROMULGATE IN CONJUNCTION WITH EXISTING  YOUTH  SERVICE  REPRESENTATIVES
AND  ANY OTHER PERTINENT STAKEHOLDER, REGULATIONS NECESSARY TO IMPLEMENT
THE YOUTH  DEVELOPMENT  PROGRAM  INCLUDING,  BUT  NOT  LIMITED  TO,  THE
DISTRIBUTION  FORMULA AND ROLE OF MUNICIPAL YOUTH BUREAUS IN DEVELOPMENT
OF THE COMPREHENSIVE PLAN.
  E. TWO OR MORE MUNICIPALITIES MAY JOIN TOGETHER TO ESTABLISH,  OPERATE
AND  MAINTAIN YOUTH DEVELOPMENT PROGRAMS AND MAY MAKE AND PERFORM AGREE-
MENTS IN CONNECTION THEREWITH. SUCH AGREEMENTS SHALL INCLUDE  PROVISIONS
FOR  THE PROPORTIONATE COST TO BE BORNE BY EACH MUNICIPALITY AND FOR THE
MANNER OF EMPLOYMENT OF PERSONNEL AND MAY PROVIDE THAT A FISCAL  OFFICER

S. 2607--C                         62

OF  ONE  SUCH  MUNICIPALITY  SHALL  BE  THE CUSTODIAN OF THE MONEYS MADE
AVAILABLE FOR EXPENDITURE FOR SUCH PURPOSES BY ALL  SUCH  MUNICIPALITIES
AND  THAT  SUCH FISCAL OFFICER MAY MAKE PAYMENTS THEREFROM UPON AUDIT OF
THE  APPROPRIATE AUDITING BODY OR OFFICER OF HIS OR HER MUNICIPALITY. IN
MAKING CLAIMS FOR STATE AID PURSUANT TO THIS ARTICLE, EACH SUCH  MUNICI-
PALITY  SHALL CLAIM FOR ITS PROPORTIONATE SHARE OF EXPENDITURES SO MADE.
HOWEVER, WHERE IT IS PROVIDED THAT THERE SHALL BE A  DISBURSING  MUNICI-
PALITY,  SUCH  DISBURSING  MUNICIPALITY  SHALL CLAIM FOR THE TOTAL JOINT
PROGRAM EXPENDITURES SO MADE AND SHALL DISBURSE SUCH STATE AID  TO  EACH
PARTICIPATING MUNICIPALITY BASED UPON THE PROPORTIONATE SHARE OF EXPEND-
ITURES SO MADE.
  S 3. Section 422 of the executive law is REPEALED.
  S  4.  Paragraph  (a)  of  subdivision 6 of section 34-a of the social
services law, as added by chapter 160 of the laws of 2004, is amended to
read as follows:
  (a) Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation, by  the
thirty-first day of December, two thousand eight, of the use by counties
of a child and family services plan that combines the multi-year consol-
idated  services  plan required by this section and the [county] compre-
hensive plan required by section four hundred twenty  of  the  executive
law into a single plan.
  S  5.  This  act  shall  take  effect January 1, 2014 and shall expire
December 31, 2018 when upon such date the provisions of this  act  shall
be  deemed  repealed;  provided however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

                                 PART H
                          Intentionally Omitted

                                 PART I
                          Intentionally Omitted

                                 PART J

  Section 1. Paragraph (b) of subdivision 3 of section 425 of  the  real
property  tax  law,  as amended by section 1 of part B of chapter 389 of
the laws of 1997, is amended to read as follows:
  (b) Primary residence. The property must serve as  the  primary  resi-
dence  of  one  or  more  of  the owners thereof. THE COMMISSIONER SHALL
ESTABLISH GUIDELINES FOR DETERMINING WHAT CONSTITUTES  A  PRIMARY  RESI-
DENCE  FOR  PURPOSES  OF  THIS SECTION. SUCH GUIDELINES SHALL BE BINDING
UPON APPLICANTS, ASSESSORS AND ALL OTHER PARTIES  FOR  PURPOSES  OF  THE
ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION.
  S  2.  Subdivisions  12 and 13 of section 425 of the real property tax
law, as added by section 1 of part B of chapter 389 of the laws of 1997,
paragraph (a) of subdivision 12 as amended by section 12 of  part  W  of
chapter  56  of  the  laws  of  2010, paragraph (b) of subdivision 12 as
amended and paragraph (d) of subdivision 12 as added  by  section  1  of
part  N  of chapter 58 of the laws of 2011 and paragraph (d) of subdivi-
sion 13 as added by section 2 of part N of chapter 58  of  the  laws  of

S. 2607--C                         63

2011,  are  amended and two new subdivisions 14 and 15 are added to read
as follows:
  12.  Revocation  of  prior  exemptions.  (a) Generally. In addition to
discontinuing the exemption on the  next  ensuing  tentative  assessment
roll,  if  the assessor determines that the property improperly received
the exemption on one or more of the  [three]  TEN  preceding  assessment
rolls, or is advised by the department that the applicable income stand-
ard  was  not  satisfied  with  regard  to a property which received the
enhanced exemption on one or more  of  those  rolls,  he  or  she  shall
proceed  to revoke the improperly granted prior exemption or exemptions.
If the assessor is advised that the department was unable to verify  the
income  eligibility  of one or more participants in the income verifica-
tion program, the assessor shall mail that person  or  those  persons  a
notice in a form prescribed by the department requesting that the person
or  persons  document  their  income  in the same manner and to the same
extent as if the person or persons were submitting an  initial  applica-
tion  for  the  enhanced STAR exemption. If such income documentation is
not provided within forty-five days of such request, or if the  documen-
tation  provided  does  not  establish  the eligibility of the person or
persons to the assessor's satisfaction, the  assessor  shall  treat  the
exemption  as  an improperly granted exemption and proceed in the manner
provided by this subdivision.
  (b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of  section  five  hundred
fifty-one  or  five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative  or  final
assessment  roll,  shall  apply  so far as practicable to the revocation
procedure IN THIS SUBDIVISION, except that:
  (I) the tax rate to be applied to any revoked exemption shall  be  the
tax  rate  that  was  applied to the corresponding assessment roll, [and
that]
  (II) interest shall then be added to each such  product  at  the  rate
prescribed by section nine hundred twenty-four-a of this chapter or such
other  law  as may be applicable for each month or portion thereon since
the levy of taxes upon the assessment  roll  or  rolls  upon  which  the
exemption was granted.
  (c)  Rights  of  owners. Each owner or owners shall be given notice of
the possible revocation UNDER THIS SUBDIVISION  of  their  exemption  or
exemptions  at  the  time  and  in  the  manner provided by section five
hundred ten or five hundred fifty-three of this chapter,  and  shall  be
entitled  to  seek  administrative and judicial review of such action in
the manner provided by law.
  (d) Applicability. The provisions of this  subdivision  shall  not  be
applicable  to  the  extent  that  the  prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
  13. Penalty for material misstatements. (a) Generally. If the assessor
should determine, within [three] TEN years from the filing of an  appli-
cation for exemption pursuant to this section, that there was a material
misstatement  on  the  application,  he or she shall proceed to impose a
penalty tax against the property of one hundred dollars.  An application
shall be deemed to contain a material misstatement for this purpose when
either:
  (i) the applicant or applicants claimed that the  property  was  their
primary residence, when it was not; or

S. 2607--C                         64

  (ii)    THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED
THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT;
OR
  (III)  in  the  case  of an application for the enhanced exemption for
property owned by senior citizens, the applicant or applicants misrepre-
sented their age or income so as to appear eligible for such  exemption,
when they were not.
  (b)  Procedure. When the assessor determines that a penalty tax should
be imposed, the penalty tax shall be entered on the next ensuing  tenta-
tive  or final assessment roll. The procedures set forth in section five
hundred fifty-one or five hundred fifty-three of this chapter,  relating
to  the entry by the assessor of omitted real property on a tentative or
final assessment roll, shall apply so far as practicable when imposing a
penalty tax pursuant to this subdivision. Each owner or owners shall  be
given notice of the possible imposition of a penalty tax at the time and
in  the  manner  provided  by  section  five hundred ten or five hundred
fifty-three of this chapter, and shall be entitled to  seek  administra-
tive  and  judicial review of such action in the manner provided by law.
Any penalty tax imposed pursuant to this subdivision shall  be  retained
by the assessing unit.
  (c)  Additional consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper exemption has been  revoked
in the manner provided by this section. In addition, a person or persons
who are found to have made a material misstatement shall be disqualified
from  further  exemption pursuant to this section for a period of [five]
TEN years, and may be subject to prosecution pursuant to the penal law.
  (d) Applicability. The provisions of this  subdivision  shall  not  be
applicable  to  the  extent  that  the  prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
  14. STAR REGISTRATION PROGRAM. (A) THE  COMMISSIONER  SHALL  ESTABLISH
AND  IMPLEMENT  A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
APPLYING FOR AND  THOSE  RECEIVING  A  BASIC  STAR  EXEMPTION  SHALL  BE
REQUIRED TO REGISTER WITH THE COMMISSIONER IN THE MANNER, AT SUCH INTER-
VALS,  AND  BY  THE  DATE  OR DATES PRESCRIBED BY THE COMMISSIONER.  THE
COMMISSIONER  SHALL  REQUIRE  CURRENT  RECIPIENTS  OF  THE  BASIC   STAR
EXEMPTION,  AS  OF  THE  EFFECTIVE DATE OF THIS SUBDIVISION, TO REGISTER
WITH THE COMMISSIONER WITHIN ONE YEAR OF  SUCH  EFFECTIVE  DATE.    UPON
REGISTRATION  PURSUANT TO THIS SUBDIVISION, NO RECIPIENT OF A BASIC STAR
EXEMPTION SHALL BE REQUIRED TO REREGISTER FOR A PERIOD  OF  THREE  YEARS
FROM SUCH REGISTRATION.
  (B)  SIX  MONTHS PROCEEDING ANY REQUIRED REGISTRATION PURSUANT TO THIS
SUBDIVISION, THE COMMISSIONER SHALL PROVIDE WRITTEN NOTICE TO EACH  HOME
OWNER  RECEIVING  A  BASIC  STAR  EXEMPTION  UPON CONFIRMATION FROM EACH
RESPECTIVE MUNICIPALITY OF  CURRENT  EXEMPTION  RECIPIENTS  WITHIN  SUCH
MUNICIPALITY.
  (C)  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER SHALL DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF  HE  OR
SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
  (I)  ALL  OWNERS  OF  THE  PROPERTY  HAVE  NOT  BEEN REGISTERED BY THE
PRESCRIBED DATE AND NO ACCEPTABLE JUSTIFICATION HAS BEEN  PRESENTED  FOR
SUCH FAILURE;
  (II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
EXEMPTIONS;
  (III)  THE  PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF ANY OF
ITS OWNERS;
  (IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR

S. 2607--C                         65

  (V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
  (D)  PRIOR  TO  DIRECTING  THAT  A STAR EXEMPTION BE REMOVED OR DENIED
PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE  COMMISSIONER  THAT
THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
RESPOND  TO  SUCH  NOTICE,  OR  IF  THEIR  RESPONSE DOES NOT SHOW TO THE
COMMISSIONER'S SATISFACTION  THAT  THE  PROPERTY  IS  ELIGIBLE  FOR  THE
EXEMPTION,  THE  COMMISSIONER  SHALL DIRECT THE ASSESSOR OR OTHER PERSON
HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL  TO  REMOVE
OR  DENY  THE  EXEMPTION,  AND  TO  CORRECT THE ROLL ACCORDINGLY. SUCH A
DIRECTIVE SHALL BE BINDING UPON THE  ASSESSOR  OR  OTHER  PERSON  HAVING
CUSTODY  OR  CONTROL  OF  THE  ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE
IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR
APPROVAL.  HOWEVER, FOR THE PERIOD OF ONE YEAR AFTER THE REMOVAL  OF  AN
EXEMPTION,  A  PAST  RECIPIENT  WHO HAS HAD HIS EXEMPTION REVOKED, SHALL
HAVE THE ABILITY TO REQUEST TO THE COMMISSIONER, IN A  MANNER  AND  FORM
PRESCRIBED BY THE COMMISSIONER, THAT SUCH EXEMPTION BE REAPPLIED FOR THE
PREVIOUS  YEAR UPON A SHOWING THAT THE PROPERTY WAS ELIGIBLE DURING SUCH
PREVIOUS YEAR TO RECEIVE A BASIC STAR EXEMPTION.  UPON  A  FINDING  THAT
SUCH  PROPERTY  WAS  ELIGIBLE  TO  RECEIVE  A  BASIC STAR EXEMPTION, THE
COMMISSIONER SHALL DIRECT THE ASSESSOR OR THE PERSON HAVING  CUSTODY  OR
CONTROL  OF  THE  ASSESSMENT ROLL OR THE TAX ROLL TO ADD SUCH EXEMPTION,
AND TO CORRECT THE ROLL ACCORDINGLY.
  (E) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD  OF  ASSESSMENT  REVIEW
HAS  THE  AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF
AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY  SUCH  AN  ACTION  BE
REVIEWED  IN  A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE
OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION  MAY  ONLY  BE
CHALLENGED  BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS
OF A MISTAKE OF FACT. THE TAXPAYER SHALL HAVE NO  RIGHT  TO  COMMENCE  A
COURT  ACTION,  ADMINISTRATIVE  PROCEEDING  OR  ANY  OTHER FORM OF LEGAL
RECOURSE AGAINST  THE  COMMISSIONER,  THE  DEPARTMENT  OF  TAXATION  AND
FINANCE,  ASSESSOR  OR  OTHER  PERSON  HAVING  CUSTODY OR CONTROL OF THE
ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
  (F) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
FILINGS OF A TAXPAYER WITH THE DEPARTMENT OF  TAXATION  AND  FINANCE  IN
CONJUNCTION  WITH  THE  STAR REGISTRATION PROGRAM. THE DISCLOSURE TO THE
ASSESSOR OR OTHER PERSON HAVING CUSTODY OR  CONTROL  OF  THE  ASSESSMENT
ROLL  OR  TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY
THIS SUBDIVISION, COLLECTED FROM  THE  REGISTRATION  PROCESS  AND  OTHER
FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE
A  VIOLATION  OF THE SECRECY PROVISIONS OF THE TAX LAW. THE COMMISSIONER
SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE
ASSESSOR OR OTHER PERSON HAVING CUSTODY OR  CONTROL  OF  THE  ASSESSMENT
ROLL OR TAX ROLL.
  15.  DISCLOSURE  OF  CERTAIN  DATA.  THE COMMISSIONER IS AUTHORIZED TO
DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES
SUCH DATA AS HE OR SHE DEEMS NECESSARY TO THE  EFFECTIVE  ADMINISTRATION
OF  THE  STAR  EXEMPTION AUTHORIZED BY THIS SECTION, NOTWITHSTANDING THE
SECRECY PROVISIONS OF THE TAX LAW, PROVIDED THAT THE DATA  SO  DISCLOSED
SHALL  NOT  BE  SUBJECT  TO  FURTHER DISCLOSURE UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW OR OTHERWISE.
  S 3. This act shall take effect April 1, 2013.

S. 2607--C                         66

                                 PART K
                          Intentionally Omitted

                                 PART L
                          Intentionally Omitted

                                 PART M

  Section  1.  Notwithstanding  any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the state treasury  for  deposit  in  the
general  fund a total sum not to exceed two hundred eleven million seven
hundred thousand dollars as soon as practicable but no later than  March
31, 2014.
  S  2.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
rural  and  urban community investment fund program, a sum not to exceed
ten million dollars for the fiscal year ending March 31, 2014.  Notwith-
standing  any  other provision of law, and provided that the reserves in
the project pool  insurance  account  of  the  mortgage  insurance  fund
created  pursuant  to  section  2429-b of the public authorities law are
sufficient to attain and maintain the credit rating  (as  determined  by
the  agency)  required  to  accomplish the purposes of such account, the
board of directors of the  state  of  New  York  mortgage  agency  shall
authorize  the  transfer  from the project pool insurance account of the
mortgage insurance fund to  the  housing  trust  fund  corporation  (the
corporation),  for the purposes of reimbursing any costs associated with
rural and urban community investment fund program  contracts  authorized
by  this  section, a total sum not to exceed ten million dollars as soon
as practicable but no later than March 31, 2014.
  S 3. Notwithstanding any other provision of law, the  housing  finance
agency  may  provide,  for  costs  associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to exceed  four  million  five
hundred  thousand  dollars  for  the  fiscal year ending March 31, 2014.
Notwithstanding any other  provision  of  law,  and  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the agency) required to accomplish the purposes of such account, the
board of directors of the  state  of  New  York  mortgage  agency  shall
authorize  the  transfer  from the project pool insurance account of the
mortgage insurance fund to the housing finance agency, for the  purposes
of  reimbursing any costs associated with Mitchell Lama housing projects
authorized by this section, a total sum not to exceed four million  five
hundred  thousand dollars as soon as practicable but no later than March
30, 2014.
  S 4. This act shall take effect immediately.

                                 PART N

S. 2607--C                         67

  Section 1. Section 21 of the labor law is  amended  by  adding  a  new
subdivision 14 to read as follows:
  14.  SHALL  DO  ALL THINGS NECESSARY FOR THE OPERATION OF THE NEW YORK
STATE DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH  THE
UNITED  STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE AGEN-
CIES, UNIVERSITIES, REGIONAL  ORGANIZATIONS,  BOARDS,  COMMISSIONS,  AND
OTHER  ENTITIES  IN  THE DISSEMINATION OF SOCIO-ECONOMIC INFORMATION AND
DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
INFORMATION AND DATA, TO PROVIDE TECHNICAL  ASSISTANCE  TO  OTHER  STATE
AGENCIES,  UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS AND
OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
ALL STATE AGENCIES.
  S 2. Subdivision 17 of section 100 of the economic development law  is
REPEALED.
  S 3. This act shall take effect immediately.

                                 PART O

  Section  1. Paragraph (a) of subdivision 1 of section 518 of the labor
law, as amended by chapter 589 of the laws of 1998, is amended  to  read
as follows:
  (a)  "Wages"  means  all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after  eight
thousand  five  hundred  dollars have been paid to such employee by such
employer with respect to employment during  any  calendar  year,  EXCEPT
THAT  SUCH  TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR  YEAR  BEGINNING
WITH THE FIRST DAY OF
                                        THAT EXCEEDS
             JANUARY 2014                  $10,300
             JANUARY 2015                  $10,500
             JANUARY 2016                  $10,700
             JANUARY 2017                  $10,900
             JANUARY 2018                  $11,100
             JANUARY 2019                  $11,400
             JANUARY 2020                  $11,600
             JANUARY 2021                  $11,800
             JANUARY 2022                  $12,000
             JANUARY 2023                  $12,300
             JANUARY 2024                  $12,500
             JANUARY 2025                  $12,800
             JANUARY 2026                  $13,000
AND  EACH  YEAR  THEREAFTER  ON  THE  FIRST  DAY OF JANUARY THAT EXCEEDS
SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY  THE
COMMISSIONER  ON  AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IN  CALCULATING  SUCH
MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
THE  NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
term "employment" includes for the purposes of this subdivision services
constituting employment  under  any  unemployment  compensation  law  of
another state or the United States.
  S  2.  Subdivision 1 and paragraph (a) of subdivision 2 of section 527
of the labor law, subdivision 1 as amended by chapter 413 of the laws of

S. 2607--C                         68

2003 and paragraph (a) of subdivision 2 as amended by chapter 5  of  the
laws of 2000, are amended to read as follows:
  1.  Basic  condition.  "Valid  original  claim"  is a claim filed by a
claimant who meets the following qualifications: (a) is  able  to  work,
and  available  for  work; (b) is not subject to any disqualification or
suspension under this article; (c) his  OR  HER  previously  established
benefit  year,  if  any,  has expired; (d) has been paid remuneration by
employers liable for contributions or for payments in lieu  of  contrib-
utions  under  this article, other than employers from whom the claimant
lost employment  under  conditions  which  would  be  disqualifying  FOR
MISCONDUCT  pursuant  to  [subdivision]  SUBDIVISIONS  three  AND SIX of
section five hundred ninety-three of this article, for employment during
at least two calendar quarters of the base period, with remuneration  of
one and one-half times the high calendar quarter [earnings] REMUNERATION
within  the  base  period and with at least [one] TWO thousand [six] ONE
hundred dollars of such remuneration being paid during the high calendar
quarter of such base period. For purposes of this  section,  the  [earn-
ings]  REMUNERATION in the high calendar quarter of the base period used
in determining a valid original claim shall not exceed an  amount  equal
to twenty-two times the maximum benefit rate as set forth in subdivision
five of section five hundred ninety of this article for all individuals.
  (a)  An  individual  who  is  unable to file a valid original claim in
accordance with subdivision one of this section, files a valid  original
claim  by  meeting  the qualifications enumerated in paragraphs (a), (b)
and (c) of subdivision one of this  section  and  by  having  been  paid
remuneration  by  employers  liable for contributions or for payments in
lieu of contributions under this article, other than employers from whom
the claimant lost employment  under  conditions  which  [are]  WOULD  BE
disqualifying  FOR  MISCONDUCT  pursuant  to  [subdivision] SUBDIVISIONS
three AND SIX of section five hundred ninety-three of this article,  for
employment  during  at  least  two calendar quarters of the base period,
with remuneration of one and one-half times the  high  calendar  quarter
[earnings]  REMUNERATION  within the base period and with at least [one]
TWO thousand [six] ONE hundred dollars of such remuneration  being  paid
during  the  high  calendar quarter of such base period. For purposes of
this section, the [earnings] REMUNERATION in the high  calendar  quarter
of  the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit  rate  as
set  forth  in  subdivision  five of section five hundred ninety of this
article for all individuals.
  S 3. The labor law is amended by adding a new section 529 to  read  as
follows:
  S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
AL  WAGE"  SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE  COMMISSIONER  NO  LATER
THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  2.  THE  "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS  DETERMINED  BY  THE
COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
  S  4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
by chapter 49 of the laws of 1966, are amended to read as follows:
  1. Determinations of liability for contributions.  No determination of
liability for contributions pursuant to section five  hundred  sixty  of
this  article  shall be made more than three years after the last day of
the calendar year in which the wages on which such  liability  is  based
were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.

S. 2607--C                         69

  3.  Determinations  of LIABILITY FOR AND amount of contributions after
contest. If an  employer  contests  a  determination  of  liability  for
contributions,  a  determination  of the amount of contributions due FOR
THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may  be  made  at  any  time
prior to the latter of the following:
  (a)  three  years after the last day of the calendar year in which the
wages on which such contributions are based were paid; or
  (b) two years after the last day of the calendar year  in  which  such
determination  of  liability  for  contributions became final and irrev-
ocable.
  S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
amended by adding a new subparagraph 9 to read as follows:
  (9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
  S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of  section  581
of  the  labor  law,  as  amended by chapter 589 of the laws of 1998, is
amended to read as follows:
  (3)  An employer's account shall not be charged, and the charges shall
instead be made to the general account, for benefits paid to a  claimant
after  the  expiration  of  a  period  of disqualification from benefits
following a final determination that the claimant lost  employment  with
the  employer  through  misconduct or voluntary separation of employment
without good cause within the meaning of section  five  hundred  ninety-
three  of  this article and the charges are attributable to remuneration
paid during  the claimant's base period of employment with such employer
prior to the claimant's loss of employment with  such  employer  through
misconduct  or  voluntary  separation  of employment without good cause,
PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT  BE  RELIEVED  OF  CHARGES
PURSUANT  TO  THIS  SUBPARAGRAPH  IF  AN  EMPLOYER OR ITS AGENT FAILS TO
SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION  FIVE
HUNDRED NINETY-SEVEN OF THIS ARTICLE.
  S  7.  Paragraph (a) of subdivision 2 of section 581 of the labor law,
as added by chapter 413 of the laws of  2003,  is  amended  to  read  as
follows:
  (a)  Each  qualified  employer's  rate  of  contribution  shall be the
percentage shown in the column headed by the size of the fund  index  as
of the computation date and on the same line with his or her negative or
positive  employer's account percentage, except that if within the three
payroll years preceding the computation date  any  part  of  a  negative
balance  has been transferred from any employer's account as a charge to
the general account pursuant to  the  provisions  of  paragraph  (e)  of
subdivision  one  of  this  section such employer's rate of contribution
shall be the maximum contribution rate as shown in the column headed  by
the size of fund index;

                           Size of Fund Index
Employer's
Account
Percentage  Less  0%  0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
            Than but  but  but  but  but  but  but  but  but  but  or
            0%   less less less less less less less less less less more
                 than than than than than than than than than than
                 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%

Negative

S. 2607--C                         70

21.0%
or more     8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
20.5%
or more
but less
than 21.0%  8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
20.0%
or more
but less
than 20.5%  8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
19.5%
or more
but less
than 20.0%  8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
19.0%
or more
but less
than 19.5%  8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
18.5%
or more
but less
than 19.0%  8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
18.0%
or more
but less
than 18.5%  8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
17.5%
or more
but less
than 18.0%  8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20
17.0%
or more
but less
than 17.5%  8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
16.5%
or more
but less
than 17.0%  8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
16.0%
or more
but less
than 16.5%  7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
15.5%
or more
but less
than 16.0%  7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
15.0%
or more
but less
than 15.5%  7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
14.5%
or more
but less
than 15.0%  7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
14.0%
or more

S. 2607--C                         71

but less
than 14.5%  7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
13.5%
or more
but less
than 14.0%  7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
13.0%
or more
but less
than 13.5%  7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
12.5%
or more
but less
than 13.0%  7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
12.0%
or more
but less
than 12.5%  7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
11.5%
or more
but less
than 12.0%  7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
11.0%
or more
but less
than 11.5%  6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
10.5%
or more
but less
than 11.0%  6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80
10.0%
or more
but less
than 10.5%  6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
9.5%
or more
but less
than 10.0%  6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
9.0%
or more
but less
than 9.5%   6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
8.5%
or more
but less
than 9.0%   6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
8.0%
or more
but less
than 8.5%   6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
7.0%
or more
but less
than 8.0%   6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
6.0%
or more

S. 2607--C                         72

but less
than 7.0%   6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
5.0%
or more
but less
than 6.0%   6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
4.0%
or more
but less
than 5.0%   5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
3.0%
or more
but less
than 4.0%   5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
2.0%
or more
but less
than 3.0%   5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
1.0%
or more
but less
than 2.0%   5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
Less
than 1.0%   5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40

Positive

Less
than 1.0%   4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
1.0%
or more
but less
than 2.0%   4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
2.0%
or more
but less
than 3.0%   3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
3.0%
or more
but less
than 4.0%   3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
4.0%
or more
but less
than 5.0%   3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
5.0%
or more
but less
than 5.5%   3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
5.5%
or more but
less than
5.75%       3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
5.75%
or more
but less

S. 2607--C                         73

than 6.0%   3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
6.0%
or more but
less than
6.25%       3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
6.25%
or more
but less
than 6.5%   3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
6.5%
or more but
less than
6.75%       3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
6.75%
or more
but less
than 7.0%   3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
7.0%
or more but
less than
7.25%       2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
7.25%
or more
but less
than 7.5%   2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
7.5%
or more but
less than
7.75%       2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
7.75%
or more
but less
than 8.0%   2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
8.0%
or more but
less than
8.25%       2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
8.25%
or more
but less
than 8.5%   2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
8.5%
or more but
less than
8.75%       2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
8.75%
or more
but less
than 9.0%   2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
9.0%
or more but
less than
9.25%       2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
9.25%
or more
but less

S. 2607--C                         74

than 9.5%   2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
9.5%
or more but
less than
9.75%       1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
9.75%
or more but
less than
10.0%       1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
10.0%
or more but
less than
10.25%      1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
10.25%
or more but
less than
10.5%       1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
10.5%
or more [but
less than
10.75%]     1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
[10.75%
or more but
less than
11.0%       1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
11.0%
or more but
less than
11.25%      1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
11.25%
or more but
less than
11.5%       1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.5%
or more but
less than
11.75%      1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.75%
or more but
less than
12.0%       1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
12.0% or
more        0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
  S  8.  Subdivision  5  of  section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
  5. Benefit rate. (A) A claimant's weekly benefit amount shall  be  one
twenty-sixth  of the remuneration paid during the highest calendar quar-
ter of the  base  period  by  employers,  liable  for  contributions  or
payments  in  lieu  of  contributions  under  this article, PROVIDED THE
CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING  HIS
OR  HER  BASE  PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
ANY CLAIMANT WHO HAS REMUNERATION PAID IN  ALL  FOUR  CALENDAR  QUARTERS
DURING  HIS  OR  HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
calendar quarter remuneration during the base period is  three  thousand
five  hundred  seventy-five dollars or less, the benefit amount shall be
one twenty-fifth of the remuneration paid during  the  highest  calendar

S. 2607--C                         75

quarter  of  the  base  period  by employers liable for contributions or
payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
THE  TWO  HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR ALTERNATE BASE
PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS  OR  PAYMENTS  IN  LIEU  OF
CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
IN  TWO  OR  THREE  CALENDAR QUARTERS. HOWEVER, FOR ANY CLAIMANT WHO HAS
REMUNERATION PAID IN TWO OR THREE CALENDAR QUARTERS DURING  HIS  OR  HER
BASE  PERIOD  OR  ALTERNATE  BASE PERIOD AND WHOSE HIGH CALENDAR QUARTER
REMUNERATION DURING THE BASE  PERIOD  IS  THREE  THOUSAND  FIVE  HUNDRED
SEVENTY-FIVE   DOLLARS   OR  LESS,  THE  BENEFIT  AMOUNT  SHALL  BE  ONE
TWENTY-FIFTH OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR  QUAR-
TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS
IN  LIEU  OF  CONTRIBUTIONS  UNDER THIS ARTICLE. Any claimant whose high
calendar quarter remuneration during the base period is more than  three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount,  so  computed,  that  is  not  a multiple of one dollar shall be
lowered to the next multiple of one  dollar.  On  the  first  Monday  of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not  exceed  three  hundred  sixty-five  dollars  nor be less than forty
dollars, until the first Monday of September,  two  thousand,  at  which
time  the  maximum  benefit  payable  pursuant to this subdivision shall
equal one-half of the state average weekly wage for  covered  employment
as  calculated by the department no sooner than July first, two thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN,
THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL
IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER,
TWO THOUSAND FIFTEEN WHEN THE  MAXIMUM  BENEFIT  AMOUNT  SHALL  BE  FOUR
HUNDRED  TWENTY-FIVE  DOLLARS,  UNTIL  THE  FIRST MONDAY OF OCTOBER, TWO
THOUSAND SIXTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE  FOUR  HUNDRED
THIRTY  DOLLARS,  UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND SEVEN-
TEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR  HUNDRED  THIRTY-FIVE
DOLLARS,  UNTIL  THE FIRST MONDAY OF OCTOBER, TWO THOUSAND EIGHTEEN WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED  FIFTY  DOLLARS,  UNTIL
THE  FIRST  MONDAY  OF  OCTOBER,  TWO THOUSAND NINETEEN WHEN THE MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-SIX PERCENT OF THE  AVERAGE  WEEKLY  WAGE
UNTIL  THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI-
MUM BENEFIT AMOUNT SHALL BE FORTY PERCENT OF THE  AVERAGE  WEEKLY  WAGE,
UNTIL  THE  FIRST  MONDAY  OF  OCTOBER, TWO THOUSAND TWENTY-TWO WHEN THE
MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE  WEEKLY
WAGE,  UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-FOUR PERCENT  OF  THE  AVERAGE
WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR
WHEN  THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE AVER-
AGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO  THOUSAND  TWEN-
TY-FIVE  WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT OF
THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
TWENTY-SIX AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER  WHEN
THE  MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY
WAGE PROVIDED, HOWEVER, THAT IN  NO  EVENT  SHALL  THE  MAXIMUM  BENEFIT
AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.

S. 2607--C                         76

  (B)  NOTWITHSTANDING  THE  FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN  PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
THAT  THE  STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN EACH MONTH
OF  THE  FIRST  TWO  CALENDAR  QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
BENEFIT AMOUNT INCREASE IS  SCHEDULED  TO  OCCUR.  IF  THE  COMMISSIONER
DETERMINES  THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT  TO
SUCH  SUSPENSION  OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR  PREVI-
OUSLY  SCHEDULED  TO  BE  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND  INCREASED  ANNUALLY
THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
OF  THE  MAXIMUM  BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
MOST RECENT YEAR.
  S 9. Paragraph (b) of subdivision 5 of section 590 of the  labor  law,
as  added  by section eight of this act, is REPEALED and a new paragraph
(b) is added to read as follows:
  (B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM  BENEFIT  AMOUNT  SHALL
NOT  BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND  ON
THE  THIRTY-FIRST  DAY  OF  DECEMBER  OF  THE PRIOR YEAR IS LESS THAN AN
AMOUNT OF THE FUNDS PROJECTED TO BE NEEDED TO PAY FOR  THE  INCREASE  IN
BENEFITS  AS DETERMINED BY THE COMMISSIONER. IF FUND REVENUES ARE DETER-
MINED BY THE COMMISSIONER TO BE SUFFICIENT TO PAY FOR  THE  INCREASE  IN
BENEFITS  IN  YEARS  SUBSEQUENT TO SUCH SUSPENSION OF AN INCREASE IN THE
MAXIMUM BENEFIT AMOUNT, THEN THE MAXIMUM BENEFIT AMOUNT  SHALL  INCREASE
TO THE AMOUNT FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSU-
ANT  TO  PARAGRAPH  (A)  OF  THIS  SUBDIVISION HAD THE INCREASE NOT BEEN
SUSPENDED AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHE-
DULE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN  NO  CASE  SHALL
SUCH  SUSPENSION  RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO
LESS THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
  S 10. Paragraph (b) of subdivision 5 of section 590 of the labor  law,
as added by section nine of this act is REPEALED and a new paragraph (b)
is added to read as follows:
  (B)  NOTWITHSTANDING  THE  FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN  PARAGRAPH
(A)  OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND IS
DETERMINED BY THE COMMISSIONER TO NOT HAVE REACHED  OR  EXCEEDED  THIRTY
PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
AS  THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT LEAST
ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
AS THE INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION  OF  AN
INCREASE  IN  THE  MAXIMUM BENEFIT AMOUNT, THE COMMISSIONER SHALL DETER-
MINE, ON AT LEAST ONE DAY BETWEEN APRIL FIRST AND  JUNE  THIRTIETH  THAT
THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
COST  MULTIPLE,  THEN  THE  MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE
PERCENTAGE FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED  PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
AND  INCREASED  ANNUALLY  THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET
FORTH IN PARAGRAPH (A) OF  THIS  SUBDIVISION.  IN  NO  CASE  SHALL  SUCH
SUSPENSION  RESULT  IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO LESS
THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.

S. 2607--C                         77

  S 11. Subdivision 9 of section 590 of the  labor  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
FOR  BENEFITS,  PROVIDED  SUCH  ALIEN IS ELIGIBLE FOR BENEFITS UNDER THE
PROVISIONS OF THIS ARTICLE AND SECTION 3304  (A)  (14)  OF  THE  FEDERAL
UNEMPLOYMENT TAX ACT.
  S  12.  Subdivision  2  of section 591 of the labor law, as amended by
chapter 720 of the laws of 1953, is amended to read as follows:
  2. Availability [and], capability, AND WORK SEARCH.  No benefits shall
be payable to any claimant who is not capable of  work  or  who  is  not
ready,  willing and able to work in his usual employment or in any other
for which he is reasonably fitted by training and experience AND WHO  IS
NOT  ACTIVELY  SEEKING  WORK.    IN  ORDER TO BE ACTIVELY SEEKING WORK A
CLAIMANT MUST BE ENGAGED IN SYSTEMATIC AND  SUSTAINED  EFFORTS  TO  FIND
WORK  WHICH  SHALL INCLUDE CONTACTING AT LEAST TWO PROSPECTIVE EMPLOYERS
FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV-
ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT
SHALL BE REQUIRED TO MAINTAIN DOCUMENTATION AND PROVIDE  PROOF  OF  WORK
SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO
A RANDOM AUDIT.
  S 13. Section 591 of the labor law is amended by adding a new subdivi-
sion 6 to read as follows:
  6.  DISMISSAL  PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A CLAIMANT FOR
ANY WEEK DURING  A  DISMISSAL  PERIOD  FOR  WHICH  A  CLAIMANT  RECEIVES
DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
TOTAL  UNEMPLOYMENT  UNDER SECTION FIVE HUNDRED TWENTY-TWO OF THIS ARTI-
CLE, IF SUCH WEEKLY DISMISSAL PAY EXCEEDS  THE  MAXIMUM  WEEKLY  BENEFIT
RATE.
  (B)  THE  TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION, MEANS ONE
OR MORE PAYMENTS MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO  HIS  OR  HER
SEPARATION  FROM  SERVICE  OF  THE  EMPLOYER  REGARDLESS  OF WHETHER THE
EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH
PAYMENTS. THE TERM DOES NOT INCLUDE PAYMENTS  FOR  PENSION,  RETIREMENT,
ACCRUED  LEAVE,  AND HEALTH INSURANCE OR PAYMENTS FOR SUPPLEMENTAL UNEM-
PLOYMENT BENEFITS.
  (C) THE TERM "DISMISSAL PERIOD", AS USED IN  THIS  SUBDIVISION,  MEANS
THE  TIME  DESIGNATED  FOR  WEEKS  OF  DISMISSAL PAY ATTRIBUTABLE TO THE
CLAIMANT'S WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE  BARGAINING
AGREEMENT,  EMPLOYMENT  CONTRACT, EMPLOYER'S DISMISSAL POLICY, DISMISSAL
AGREEMENT WITH THE EMPLOYER OR OTHER SUCH AGREEMENT.  IF NO SUCH  AGREE-
MENT,  CONTRACT  OR  POLICY  DESIGNATES  A  DISMISSAL  PERIOD,  THEN THE
DISMISSAL PERIOD SHALL BE THE TIME DESIGNATED IN WRITING IN  ADVANCE  BY
THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
DESIGNATED,  THE  DISMISSAL  PERIOD  SHALL COMMENCE ON THE DAY AFTER THE
CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
SUM AMOUNT OR FOR AN INDEFINITE  PERIOD,  DISMISSAL  PAYMENTS  SHALL  BE
ALLOCATED  ON  A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S LAST DAY
OF EMPLOYMENT AND THE CLAIMANT SHALL NOT BE ELIGIBLE  FOR  BENEFITS  FOR
ANY WEEK FOR WHICH IT IS DETERMINED THAT THE CLAIMANT RECEIVES DISMISSAL
PAY.  THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE CLAIM-
ANT'S ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR  HER
EMPLOYMENT  OR,  IF  SUCH AMOUNT CANNOT BE DETERMINED, THE AMOUNT OF THE
CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
  (D) NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS  SUBDIVISION
SHALL  NOT  APPLY  DURING  ANY  WEEKS  IN  WHICH  THE INITIAL PAYMENT OF

S. 2607--C                         78

DISMISSAL PAY IS MADE MORE THAN THIRTY DAYS FROM THE  LAST  DAY  OF  THE
CLAIMANT'S EMPLOYMENT.
  S  14.  Subparagraph  (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as added by chapter 413 of the laws of 2003,  is
amended to read as follows:
  (i) requirements relating to total unemployment, as defined in section
five  hundred  twenty-two  of  this  article,  availability for work AND
SEARCH FOR WORK, as set forth in subdivision two of section five hundred
ninety-one of this title and refusal to accept work,  as  set  forth  in
subdivision  two of section five hundred ninety-three of this title, are
not applicable to such individuals;
  S 15. Paragraph (a) of subdivision 1, the opening paragraph of  subdi-
vision  2  and  subdivision 3 of section 593 of the labor law, paragraph
(a) of subdivision 1 as amended by chapter 35 of the laws of  2009,  the
opening  paragraph  of subdivision 2 as amended by chapter 5 of the laws
of 2000, and subdivision 3 as amended by chapter  589  of  the  laws  of
1998, are amended and a new subdivision 6 is added to read as follows:
  (a)  No  days  of  total unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned  remuneration
at  least  equal  to [five] TEN times his or her weekly benefit rate. In
addition to other circumstances that may be  found  to  constitute  good
cause,  including  a  compelling family reason as set forth in paragraph
(b) of this subdivision, voluntary separation from employment shall  not
in  itself  disqualify a claimant if circumstances have developed in the
course of such employment that would  have  justified  the  claimant  in
refusing such employment in the first instance under the terms of subdi-
vision  two  of  this  section or if the claimant, pursuant to an option
provided under a collective bargaining  agreement  or  written  employer
plan  which  permits waiver of his OR HER right to retain the employment
when there is a temporary layoff because of lack of work, has elected to
be separated for a temporary period and the employer has consented ther-
eto.
  No days of total unemployment shall be deemed to occur beginning  with
the  day  on  which a claimant, without good cause, refuses to accept an
offer of employment for which he OR SHE is reasonably fitted by training
and experience, including employment not subject to this article,  until
he  OR SHE has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times  his  or  her  weekly  benefit  rate.
Except that claimants who are not subject to a recall date or who do not
obtain  employment  through  a union hiring hall and who are still unem-
ployed after  receiving  [thirteen]  TEN  weeks  of  benefits  shall  be
required  to  accept  any  employment  proffered that such claimants are
capable of performing, provided that such employment would result  in  a
wage not less than eighty percent of such claimant's high calendar quar-
ter  wages  received  in the base period and not substantially less than
the prevailing wage for similar work in the locality as provided for  in
paragraph (d) of this subdivision. No refusal to accept employment shall
be deemed without good cause nor shall it disqualify any claimant other-
wise eligible to receive benefits if:
  3.  Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in  connection  with
his or her employment until he or she has subsequently worked in employ-
ment  and  earned remuneration at least equal to [five] TEN times his or
her weekly benefit rate.

S. 2607--C                         79

  6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A  DETER-
MINATION FOR ANY PROTEST THAT IS FILED BY ANY BASE PERIOD EMPLOYER WITH-
IN  THE TIME SPECIFIED IN THE NOTIFICATION OF POTENTIAL CHARGES BASED ON
VOLUNTARY SEPARATIONS OR MISCONDUCT. AN EMPLOYER OR CLAIMANT MAY REQUEST
A  HEARING  OF SUCH DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY
OF THIS ARTICLE.
  S 16. Section 594 of the labor law, as amended by chapter 728  of  the
laws of 1952, and the opening paragraph as amended by chapter 139 of the
laws of 1968, are amended to read as follows:
  S  594.  Reduction  AND  RECOVERY of benefits AND PENALTIES for WILFUL
false statement OR OMISSION.  A claimant who has wilfully made  a  false
statement  or representation OR WILFULLY CONCEALED ANY PERTINENT FACT to
obtain any benefit under the provisions of this  article  shall  forfeit
benefits  for at least the first four but not more than the first eighty
effective days following discovery of such offense for which he  OR  SHE
otherwise  would  have  been  entitled to receive benefits. Such penalty
shall apply only once with respect to each such offense.
  For the purpose of subdivision four of section five hundred ninety  of
this article, the claimant shall be deemed to have received benefits for
such forfeited effective days.
  The penalty provided in this section shall not be confined to a single
benefit  year  but  shall  no longer apply in whole or in part after the
expiration of two years from the date [on which the offense was  commit-
ted]  OF  THE  FINAL DETERMINATION. SUCH TWO-YEAR PERIOD SHALL BE TOLLED
DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
  A claimant shall refund all moneys  received  because  of  such  false
statement  or representation [made by him] OR WILFUL CONCEALMENT AND PAY
A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS
OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO
THIS SECTION.  WHEN A DETERMINATION BASED UPON A WILFUL FALSE  STATEMENT
OR  REPRESENTATION  OR  BASED UPON THE WILFUL CONCEALMENT OF A PERTINENT
FACT IN CONNECTION WITH THE CLAIM FOR  BENEFITS  BECOMES  FINAL  THROUGH
EXHAUSTION  OF  APPEAL  RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE
COMMISSIONER MAY FILE WITH THE COUNTY CLERK  OF  THE  COUNTY  WHERE  THE
CLAIMANT  RESIDES  THE  FINAL  DETERMINATION  OF THE COMMISSIONER OR THE
FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE  APPEAL  BOARD  OR  A
COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL
PENALTY.  THE  FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE  OFFICE  OF
SUCH  CLERK.  THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND
IN THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS  SET
FORTH  IN  SECTION  FIVE  HUNDRED  SEVENTY-THREE OF THIS ARTICLE. MONEYS
RECEIVED BECAUSE OF SUCH FALSE STATEMENT  OR  REPRESENTATION  OR  WILFUL
CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS
PRESCRIBED  BY  THE  CIVIL  PRACTICE LAW AND RULES FOR THE RECOVERY OF A
MONEY JUDGMENT OR THROUGH COMMON LAW OR STATUTORY RIGHTS  OF  OFFSET  OR
ANY  CRIMINAL  PROSECUTION.  THE  PENALTIES COLLECTED HEREUNDER SHALL BE
DEPOSITED IN THE FUND. THE PENALTIES  ASSESSED  UNDER  THIS  SUBDIVISION
SHALL  APPLY  AND  BE ASSESSED FOR ANY BENEFITS PAID UNDER FEDERAL UNEM-
PLOYMENT AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE  DEPART-
MENT  IN  THE  SAME MANNER AS PROVIDED IN THIS ARTICLE. THE PENALTIES IN
THIS SECTION SHALL BE IN ADDITION TO ANY PENALTIES  IMPOSED  UNDER  THIS
CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE.
  S 17. Section 596 of the labor law is amended by adding a new subdivi-
sion 7 to read as follows:

S. 2607--C                         80

  7.  NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED NINETY-FIVE
OF THIS TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD  ANY  OVERPAY-
MENTS ESTABLISHED UNDER THIS ARTICLE OR UNDER ANY STATE OR FEDERAL UNEM-
PLOYMENT COMPENSATION PROGRAM FROM BENEFITS PAYABLE TO AN INDIVIDUAL. NO
PENALTIES  OR INTEREST ASSESSED PURSUANT TO SECTION FIVE HUNDRED NINETY-
FOUR OF THIS TITLE MAY BE DEDUCTED OR WITHHELD FROM BENEFITS.
  S 18. Subdivision 2 of section 597 of the  labor  law  is  amended  by
adding a new paragraph (d) to read as follows:
  (D)  NOTWITHSTANDING  ANY PROVISIONS OF THIS ARTICLE, UNLESS A COMMIS-
SIONER'S ERROR IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A  DISAS-
TER  EMERGENCY  DECLARED  BY  THE  GOVERNOR  OR PRESIDENT, AN EMPLOYER'S
ACCOUNT SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT  OF
BENEFITS  WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS MADE
BECAUSE THE EMPLOYER OR THE AGENT OF THE EMPLOYER FAILED  TO  TIMELY  OR
ADEQUATELY  RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF POTEN-
TIAL CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION  TO
A  CLAIM  UNDER  THIS  ARTICLE, PROVIDED, HOWEVER, THAT THE COMMISSIONER
SHALL RELIEVE THE EMPLOYER OF CHARGES THE FIRST TIME THAT  THE  EMPLOYER
FAILS  TO  PROVIDE  TIMELY  OR  ADEQUATE  INFORMATION,  IF  THE EMPLOYER
PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
  "TIMELY" SHALL MEAN A RESPONSE IS PROVIDED IN THE TIME  PERIOD  SPECI-
FIED IN THE NOTICE AS PRESCRIBED BY THE COMMISSIONER.
  THE  TERM  "ADEQUATELY"  SHALL  MEAN  THAT  THE  EMPLOYER OR ITS AGENT
SUBMITTED INFORMATION SUFFICIENT TO RENDER A CORRECT DETERMINATION.
  THIS PROHIBITION FOR RELIEF OF CHARGES SHALL APPLY  TO  ALL  EMPLOYERS
UNDER  THIS  ARTICLE  INCLUDING  EMPLOYERS  ELECTING  PAYMENT IN LIEU OF
CONTRIBUTIONS.
  S 19. Section 600 of the labor law, as added by  chapter  793  of  the
laws  of  1963,  subdivision  6 as amended by chapter 391 of the laws of
2005, subdivision 7 as added by chapter 362 of the laws of  1980,  para-
graph  (a)  of  subdivision  7  as amended by chapter 176 of the laws of
2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
of the laws of 1980, is amended to read as follows:
  S 600. Effect of retirement payments. 1. Reduction  of  benefit  rate.
[If a claimant retires or is retired from employment by an employer and,
due  to  such  retirement,  is receiving a pension or retirement payment
under a plan financed in whole or in part by such employer, such  claim-
ant's  benefit  rate  for four effective days otherwise applicable under
subdivision seven of section five hundred ninety  shall  be  reduced  as
hereinafter provided.
  2.  Application. The reduction shall apply only to benefits which when
paid will be chargeable to the account of the employer who provided  the
pension or retirement benefit.
  3.  Amount  of reduction. If the pension or retirement payment is made
under a plan to which the employer is the sole contributor,  the  claim-
ant's  benefit  rate  shall  be  reduced  by the largest number of whole
dollars which is not more than the prorated weekly amount of his pension
or retirement payment under such plan.  If  the  pension  or  retirement
payment  is  made  under  a  plan  to which the employer is not the sole
contributor, the claimant's benefit rate shall be reduced by the largest
number of whole dollars which is not more than one-half of the  prorated
weekly amount of his pension or retirement payments under such plan, but
no  reduction shall apply if the claimant demonstrates that the employer
contributed less than fifty per centum to the plan.

S. 2607--C                         81

  4. Reduction equal to benefit rate. If the amount to be deducted  from
a claimant's benefit rate equals or exceeds such rate, he shall be inel-
igible  to receive any benefits which if paid would be chargeable to the
employer involved in the pension or retirement plan,  but  any  benefits
which would in the absence of this section be chargeable to the accounts
of other employers shall be payable to the claimant.
  5. Reduction not established. If, at the time benefits are payable, it
has  not  been  established  that  the  claimant  will be receiving such
pension or retirement payment, benefits due  shall  be  paid  without  a
reduction,  subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  6. Limitation. For the purposes of this section, the terms "pension or
retirement payment" and "governmental or other  pension,  retirement  or
retired  pay,  annuity,  or  any other similar periodic payment which is
based on previous work" shall not include payments made from a qualified
trust to an eligible retirement plan  under  the  terms  and  conditions
specified  in  section four hundred two of the internal revenue code for
federal income tax purposes, such payments commonly  known  as  eligible
rollover distributions.
  7. Alternative condition. (a) When a reduction for retirement payments
is  required by the federal unemployment tax act as a condition for full
tax credit, in which event the  provisions  of  subdivisions  one,  two,
three,  four  and  five of this section shall not be operative, the] (A)
THE benefit rate of a claimant who is receiving a governmental or  other
pension,  retirement or retired pay, annuity, or any other similar peri-
odic payment which is based on his previous work, shall  be  reduced  as
hereinafter provided, if such payment is made under a plan maintained or
contributed to by his base period employer and, except for payments made
under  the  social  security act or the railroad retirement act of 1974,
the claimant's employment with,  or  remuneration  from,  such  employer
after  the beginning of the base period affected his eligibility for, or
increased the amount of, such pension, retirement or retired pay, annui-
ty, or other similar periodic payment.
  (b) [If the claimant made no contribution for the pension,  retirement
or  retired  pay,  annuity,  or other similar periodic payment, his] THE
CLAIMANT'S benefit rate shall be reduced by the largest number of  whole
dollars  which  is  not  more  than  the pro-rated weekly amount of such
payment. If the claimant was  the  sole  contributor  for  the  pension,
retirement  or  retired pay, annuity, or other similar periodic payment,
no reduction shall apply.  [If  the  claimant's  contributions  for  the
pension,  retirement  or retired pay, annuity, or other similar periodic
payment were less than one hundred per centum,  the  commissioner  shall
determine  the amount of the reduction by taking into account the claim-
ant's contributions in a manner consistent with the federal unemployment
tax act.]
  (c) If, at the time benefits are payable, it has not been  established
that  the claimant will be receiving such pension, retirement or retired
pay, annuity or other payment, benefits due  shall  be  paid  without  a
reduction,  subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
  (D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
PAYMENT" AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED  PAY,
ANNUITY,  OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON PREVI-
OUS WORK" SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST  TO  AN

S. 2607--C                         82

ELIGIBLE  RETIREMENT  PLAN  UNDER  THE TERMS AND CONDITIONS SPECIFIED IN
SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
UTIONS.
  S  20.  Section 602 of the labor law, as amended by chapter 214 of the
laws of 1998, is amended to read as follows:
  S 602. Application. This title shall apply to a claimant  employed  by
an  employer  whose  application to participate in a shared work program
has been approved by the commissioner.  The  provisions  of  subdivision
four  of section five hundred twenty-seven, subdivisions three and seven
of section five hundred ninety and  subdivision  four  of  section  five
hundred  ninety-six  of  this  article  shall  not be applicable to such
claimant and he OR SHE shall not be required to be  available  for  work
with  any  other  employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR
WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED  NINETY-
ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
OF  WORK  WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE
IN THE SHARED WORK PROGRAM. The other provisions of this  article  shall
apply  to such claimants and their employers to the extent that they are
not inconsistent with the provisions of this title.
  S 21. Section 603 of the labor law, as added by  chapter  438  of  the
laws of 1985, is amended to read as follows:
  S  603.  Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment on any day, other than  with
an employer applying for a shared work program. ["Full time hours" shall
mean  at  least  thirty-five but not more than forty hours per week, and
shall not include overtime as defined in the Fair Labor Standards  Act.]
"Work  force"  shall  mean  the total work force, a clearly identifiable
unit or units thereof, or a particular shift or shifts. THE  WORK  FORCE
SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
  S 21-a. Section 604 of the labor law, as amended by chapter 564 of the
laws of 2002, is amended to read as follows:
  S  604. Eligibility conditions. A claimant shall be eligible for bene-
fits under this title if he OR SHE works less than  his  OR  HER  normal
[full time] hours in a week for his customary employer, and that employ-
er has reduced or restricted the claimant's weekly hours of work, or has
rehired  a  claimant  previously  laid off and reduced his OR HER weekly
hours of work from those previously worked, as the result of a  plan  by
the  employer  to  stabilize  the work force by a program of sharing the
work remaining after a reduction in total hours of  work  and  a  corre-
sponding reduction in wages, provided the program requires not less than
a  twenty  percent  nor more than a sixty percent reduction in hours and
wages among the work force. A claimant receiving supplemental  unemploy-
ment  compensation  benefits, as defined in section five hundred one (c)
(17) (D) of the internal revenue code of  nineteen  hundred  fifty-four,
shall not be eligible hereunder. Any employee who was otherwise eligible
for  benefits under this title but was denied benefits during the period
beginning October first, two thousand one and ending on December  first,
two thousand one because more than five percent of his OR HER wages were
derived  from  piece work, shall be entitled to make a retroactive claim
for such benefits provided such claim is filed within sixty days of  the
effective date of this sentence.
  S 22. Section 605 of the labor law, as amended by section 2 of chapter
81 of the laws of 1992, is amended to read as follows:
  S  605. Qualified employers; application. An employer who has at least
[five] TWO full time employees may apply to participate in a shared work

S. 2607--C                         83

program.  The WRITTEN application shall be made according to such  forms
and  procedures  as  the commissioner may specify and shall include such
information as the commissioner may require, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE  FOR  PURPOSES  OF A SHARED WORK PROGRAM.  The commissioner shall
not approve such application unless the employer (1) [agrees]  CERTIFIES
that  for  the duration of the program it will not eliminate or diminish
health insurance, medical insurance, RETIREMENT BENEFITS  or  any  other
fringe  benefits provided to employees immediately prior to the applica-
tion UNLESS SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT  PARTICIPATE
IN  THE SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT
AS THOSE EMPLOYEES THAT PARTICIPATE IN  THE  SHARED  WORK  PROGRAM;  (2)
certifies  that  the  collective  bargaining agent for the employees, if
any, has agreed to participate in the program; (3) certifies that if not
for the shared work program to be initiated the employer would reduce or
would have reduced its work force to a degree equivalent  to  the  total
number  of  working  hours  proposed to be reduced or restricted for all
included employees; (4) certifies that it will not hire additional  part
time  or  full  time  employees  for  the  affected work force while the
program is in operation; [and] (5) agrees that  no  participant  of  the
program  shall  receive, in the aggregate, more than [twenty] TWENTY-SIX
weeks of  benefits  exclusive  of  the  waiting  week;  (6)  PROVIDES  A
DESCRIPTION  OF  HOW  WORKERS  IN THE WORK FORCE WILL BE NOTIFIED OF THE
SHARED WORK PROGRAM IN ADVANCE OF IT TAKING EFFECT, IF FEASIBLE, AND  IF
SUCH  NOTICE IS NOT FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE
IS NOT FEASIBLE; (7) PROVIDES AN ESTIMATE OF THE NUMBER OF  WORKERS  WHO
WOULD  BE  LAID  OFF IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED
WORK PROGRAM; AND (8) CERTIFIES THAT THE TERMS OF THE EMPLOYER'S WRITTEN
PLAN AND IMPLEMENTATION SHALL BE CONSISTENT  WITH  EMPLOYER  OBLIGATIONS
UNDER APPLICABLE FEDERAL AND STATE LAWS.
  S 22-a. Section 605 of the labor law, as amended by section twenty-two
of  this  act  is  REPEALED  and  a  new section 605 is added to read as
follows:
  S 605.  QUALIFIED EMPLOYERS; APPLICATION. AN EMPLOYER WHO HAS AT LEAST
FIVE FULL TIME EMPLOYEES MAY APPLY  TO  PARTICIPATE  IN  A  SHARED  WORK
PROGRAM.  THE  WRITTEN APPLICATION SHALL BE MADE ACCORDING TO SUCH FORMS
AND PROCEDURES AS THE COMMISSIONER MAY SPECIFY AND  SHALL  INCLUDE  SUCH
INFORMATION AS THE COMMISSIONER MAY REQUIRE, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. THE COMMISSIONER SHALL NOT
APPROVE  SUCH APPLICATION UNLESS THE EMPLOYER (1) CERTIFIES THAT FOR THE
DURATION OF THE PROGRAM IT WILL NOT ELIMINATE OR DIMINISH HEALTH  INSUR-
ANCE,  MEDICAL  INSURANCE, RETIREMENT BENEFITS OR ANY OTHER FRINGE BENE-
FITS PROVIDED TO EMPLOYEES IMMEDIATELY PRIOR TO THE  APPLICATION  UNLESS
SUCH  BENEFITS  PROVIDED  TO  EMPLOYEES  THAT  DO NOT PARTICIPATE IN THE
SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED  TO  THE  SAME  EXTENT  AS
THOSE  EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2) CERTI-
FIES THAT THE COLLECTIVE BARGAINING AGENT FOR THE EMPLOYEES, IF ANY, HAS
AGREED TO PARTICIPATE IN THE PROGRAM; (3) CERTIFIES THAT IF NOT FOR  THE
SHARED  WORK  PROGRAM TO BE INITIATED THE EMPLOYER WOULD REDUCE OR WOULD
HAVE REDUCED ITS WORK FORCE TO A DEGREE EQUIVALENT TO THE  TOTAL  NUMBER
OF  WORKING  HOURS PROPOSED TO BE REDUCED OR RESTRICTED FOR ALL INCLUDED
EMPLOYEES; (4) CERTIFIES THAT IT WILL NOT HIRE ADDITIONAL PART  TIME  OR
FULL  TIME EMPLOYEES FOR THE AFFECTED WORK FORCE WHILE THE PROGRAM IS IN
OPERATION; (5) AGREES THAT NO PARTICIPANT OF THE PROGRAM SHALL  RECEIVE,
IN  THE  AGGREGATE,  MORE THAN TWENTY WEEKS OF BENEFITS EXCLUSIVE OF THE

S. 2607--C                         84

WAITING WEEK; (6) PROVIDES A DESCRIPTION OF  HOW  WORKERS  IN  THE  WORK
FORCE  WILL  BE  NOTIFIED  OF  THE  SHARED WORK PROGRAM IN ADVANCE OF IT
TAKING EFFECT, IF FEASIBLE, AND IF SUCH NOTICE IS NOT FEASIBLE, PROVIDES
AN EXPLANATION OF WHY SUCH NOTICE IS NOT FEASIBLE; (7) PROVIDES AN ESTI-
MATE  OF  THE  NUMBER  OF  WORKERS WHO WOULD BE LAID OFF IF THE EMPLOYER
COULD NOT PARTICIPATE IN THE SHARED WORK PROGRAM; AND (8) CERTIFIES THAT
THE TERMS OF THE EMPLOYER'S WRITTEN PLAN  AND  IMPLEMENTATION  SHALL  BE
CONSISTENT  WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE FEDERAL AND STATE
LAWS.
  S 23. Section 607 of the labor law, as added by  chapter  438  of  the
laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
laws of 1992, is amended to read as follows:
  S  607.  Benefits. 1. Amount. An eligible claimant shall be paid bene-
fits for any week equal to his OR HER benefit  rate  multiplied  by  the
percentage of reduction of his OR HER wages resulting from reduced hours
of work, but only if such percentage is no less than twenty percent. The
weekly  benefit  amount  shall  be  rounded off to the nearest dollar. A
claimant  shall  not  be  paid  such  benefits  in  excess  of  [twenty]
TWENTY-SIX weeks during a benefit year.
  2.  Waiting  period.  A claimant shall not be entitled to benefits for
the first week of unemployment under a shared work program unless he  OR
SHE  has  served a waiting period in his OR HER benefit year pursuant to
subdivision seven of section five hundred ninety of this article.
  S 23-a. Subdivision 1 of section 607 of the labor law, as  amended  by
section twenty-three of this act is REPEALED, and a new subdivision 1 is
added to read as follows:
  1.  AMOUNT.  AN  ELIGIBLE CLAIMANT SHALL BE PAID BENEFITS FOR ANY WEEK
EQUAL TO HIS OR  HER  BENEFIT  RATE  MULTIPLIED  BY  THE  PERCENTAGE  OF
REDUCTION  OF HIS OR HER WAGES RESULTING FROM REDUCED HOURS OF WORK, BUT
ONLY IF SUCH PERCENTAGE IS NO LESS THAN TWENTY PERCENT. THE WEEKLY BENE-
FIT AMOUNT SHALL BE ROUNDED OFF TO THE NEAREST DOLLAR. A CLAIMANT  SHALL
NOT  BE  PAID  SUCH  BENEFITS IN EXCESS OF TWENTY WEEKS DURING A BENEFIT
YEAR.
  S 24. The labor law is amended by adding a new section 609 to read  as
follows:
  S  609. TRAINING.  ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN  APPROVED  BY
THE COMMISSIONER.  SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
  S  25.  Section 611 of the labor law, as amended by chapter 589 of the
laws of 1998, is amended to read as follows:
  S 611. Charging of benefits. Benefits paid  to  a  claimant  shall  be
charged  to  the  employers'  accounts  as  provided in paragraph (e) of
subdivision one of section five  hundred  eighty-one  of  this  article.
HOWEVER,  EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON
A SEASONAL, TEMPORARY OR INTERMITTENT  BASIS,  NO  BENEFITS  PAID  TO  A
CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-
BURSED  BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012, PL 112-96.
  S 26. The labor law is amended by adding a new section 612 to read  as
follows:
  S  612.  SEVERABILITY.    IF  ANY  AMENDMENT  CONTAINED  IN  A CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED  BY
THE  UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAIN-
TAINING BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE  ELIGIBLE
FOR  ANY  FINANCIAL  BENEFIT  OFFERED  THROUGH FEDERAL LAW OR REGULATION

S. 2607--C                         85

INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
WAIVER OF OBLIGATIONS TO REPAY SUCH ADVANCES TO THE  STATE  UNEMPLOYMENT
INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
  S  27. Section 39 of part P2 of chapter 62 of the laws of 2003, amend-
ing the state finance law and other laws  relating  to  authorizing  and
directing  the  state  comptroller  to  loan  money to certain funds and
accounts, as amended by section 1 of part W of chapter 58 of the laws of
2011, is amended to read as follows:
  S 39. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen  of  this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and  sections
thirty  and  thirty-one  of this act shall expire December 31, 2013] and
the amendments made to section 69-c of the state finance law by  section
thirty-two  of  this  act  shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
  S 28. Severability. If any amendment contained in a clause,  sentence,
paragraph,  section  or part of this act shall be adjudged by the United
States Department of Labor to violate requirements for maintaining bene-
fit standards required of the state in order  to  be  eligible  for  any
financial  benefit  offered through federal law or regulation including,
but not limited to, the waiver of interest on advances or the waiver  of
obligations  to  repay such advances to the state unemployment insurance
fund, such amendments shall be severed  from  this  act  and  shall  not
affect, impair or invalidate the remainder thereof.
  S 29. This act shall take effect immediately, provided, however, that:
  a. sections one, three, seven, and eight of this act shall take effect
January 1, 2014;
  b.  sections  two,  thirteen,  fifteen, and nineteen of this act shall
apply to all claims filed after January 1, 2014;
  c. section nine of this act shall take effect January 1, 2017;
  d. section ten of this act shall take effect January 1, 2019;
  e. sections five, six, sixteen, seventeen, and eighteen  of  this  act
shall apply to all overpayments established after October 1, 2013;
  f.  sections  fourteen,  twenty, twenty-one, twenty-one-a, twenty-two,
twenty-three, twenty-four, and twenty-six of this act shall take  effect
on the thirtieth day after it shall have become a law;
  g. section twenty-five of this act shall expire and be deemed repealed
August 23, 2015;
  h.  section twelve of this act shall take effect January 1, 2014 or on
the same date as the reversion of subdivision 2 of section  591  of  the
labor  law as provided in section 10 of chapter 413 of the laws of 2003,
as amended, whichever is later;
  i. the amendments to section 591-a of the labor law  made  by  section
fourteen  of  this  act  shall not affect the repeal of such section and
shall be deemed repealed therewith; and
  j. sections twenty-two-a and twenty-three-a of  this  act  shall  take
effect August 23, 2015.

                                 PART P
                          Intentionally Omitted

                                 PART Q

S. 2607--C                         86

  Section  1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 9 of part A of  chapter  504  of  the
laws of 2009, is amended to read as follows:
  (d) The provisions of this subdivision shall expire [thirty-six] FORTY
years from July first, nineteen hundred seventy-seven, and hereafter may
be renewed every four years.
  S 2. This act shall take effect immediately.

                                 PART R
                          Intentionally Omitted

                                 PART S

  Section  1.  The  tax  law is amended by adding a new section 627-a to
read as follows:
  S 627-A. GIFT FOR HONOR AND REMEMBRANCE OF VETERANS. EFFECTIVE FOR ANY
TAX YEAR COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, AN
INDIVIDUAL IN ANY TAXABLE YEAR MAY ELECT TO CONTRIBUTE TO  THE  VETERANS
REMEMBRANCE  AND  CEMETERY MAINTENANCE AND OPERATION FUND. SUCH CONTRIB-
UTION SHALL BE IN ANY WHOLE DOLLAR  AMOUNT  AND  SHALL  NOT  REDUCE  THE
AMOUNT  OF  STATE  TAX  OWED  BY SUCH INDIVIDUAL. THE COMMISSIONER SHALL
INCLUDE SPACE ON THE PERSONAL INCOME TAX RETURN TO ENABLE A TAXPAYER  TO
MAKE  SUCH CONTRIBUTION. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL
REVENUES COLLECTED PURSUANT TO THIS SECTION SHALL  BE  CREDITED  TO  THE
VETERANS  REMEMBRANCE  AND  CEMETERY  MAINTENANCE AND OPERATION FUND AND
USED ONLY FOR THOSE PURPOSES ENUMERATED IN SECTION NINETY-SEVEN-MMMM  OF
THE STATE FINANCE LAW.
  S  2. The state finance law is amended by adding a new section 97-mmmm
to read as follows:
  S 97-MMMM. VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION
FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, THE DIRECTOR OF THE DIVISION OF VETERANS
AFFAIRS AND THE COMPTROLLER, A SPECIAL FUND TO BE KNOWN AS THE "VETERANS
REMEMBRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND".
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED BY THE  DEPARTMENT
OF  TAXATION  AND  FINANCE,  PURSUANT  TO  THE PROVISIONS OF SECTION SIX
HUNDRED TWENTY-SEVEN-A OF THE TAX LAW, AND ALL  OTHER  MONEYS  APPROPRI-
ATED,  CREDITED,  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE
PURSUANT TO LAW. FOR EACH STATE FISCAL YEAR, THERE SHALL BE APPROPRIATED
TO THE FUND BY THE STATE, IN ADDITION TO ALL OTHER MONEYS REQUIRED TO BE
DEPOSITED INTO SUCH FUND, AN AMOUNT  EQUAL  TO  THE  AMOUNTS  OF  MONIES
COLLECTED  AND  DEPOSITED  INTO THE FUND PURSUANT TO SECTION SIX HUNDRED
TWENTY-SEVEN-A OF THE TAX LAW, AND THE AMOUNTS OF  MONEYS  RECEIVED  AND
DEPOSITED  INTO  THE  FUND  FROM  GRANTS,  GIFTS AND BEQUESTS DURING THE
PRECEDING CALENDAR YEAR, AS CERTIFIED BY  THE  COMPTROLLER.  NOTHING  IN
THIS  SECTION  SHALL  PREVENT  THE  STATE  FROM SOLICITING AND RECEIVING
GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE  FUND  AS  DEFINED  IN
THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
  3.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY OF EACH CALENDAR YEAR, THE
COMPTROLLER SHALL CERTIFY TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE
COMMITTEE  AND  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE
AMOUNT OF MONEY DEPOSITED IN VETERANS REMEMBRANCE AND  CEMETERY  MAINTE-
NANCE  AND  OPERATION  FUND  DURING  THE  PRECEDING CALENDAR YEAR AS THE

S. 2607--C                         87

RESULT OF REVENUE DERIVED PURSUANT TO SECTION SIX HUNDRED TWENTY-SEVEN-A
OF THE TAX LAW, AND FROM ALL GRANTS, GIFTS AND BEQUESTS.
  4.  MONEYS  OF  THE  FUND SHALL BE EXPENDED ONLY FOR THE CONSTRUCTION,
ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,  OPERATION,  MAINTENANCE
AND  THE  PROVISION  OF  PERPETUAL CARE OF STATE VETERANS CEMETERIES. AS
USED IN  THIS  SECTION,  "THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION,
IMPROVEMENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND  THE  PROVISION  OF
PERPETUAL CARE OF STATE VETERANS CEMETERIES" SHALL INCLUDE, BUT  NOT  BE
LIMITED TO:
  (A)  THE  PURCHASE,  LEASING OR IMPROVEMENT OF LAND FOR THE PURPOSE OF
THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
TION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE  VETERANS
CEMETERIES;
  (B) THE PURCHASE, LEASING, CONSTRUCTION OR IMPROVEMENT OF BUILDINGS OR
INFRASTRUCTURE  FOR  THE  PURPOSE  OF  THE  CONSTRUCTION, ESTABLISHMENT,
EXPANSION,  IMPROVEMENT,  SUPPORT,  OPERATION,   MAINTENANCE   AND   THE
PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES;
  (C)  THE  PURCHASE OR LEASING OF EQUIPMENT, TOOLS, BUILDING MATERIALS,
LANDSCAPING  MATERIALS,  MARKERS,  MONUMENTS,  HEADSTONES,  FLAGS,  FLAG
POLES,  OR  RELATED  REMEMBRANCE OR CEMETERY ITEMS FOR THE CONSTRUCTION,
ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,  OPERATION,  MAINTENANCE
AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS CEMETERIES;
  (D)  THE  PAYMENT  OF  SALARIES, WAGES, BENEFITS, PROFESSIONAL SERVICE
FEES, CONTRACT FEES, ASSOCIATION FEES, OR OTHER  CHARGES  NECESSARY  FOR
THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERA-
TION,  MAINTENANCE AND THE PROVISION OF PERPETUAL CARE OF STATE VETERANS
CEMETERIES; AND/OR
  (E) THE PURCHASE OF ANY  OTHER  ITEM  OR  SERVICE  NECESSARY  FOR  THE
CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION,
MAINTENANCE  AND  THE  PROVISION  OF  PERPETUAL CARE OF A STATE VETERANS
CEMETERY.
  5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
THE  COMPTROLLER  ON  VOUCHERS APPROVED AND CERTIFIED BY THE DIRECTOR OF
VETERANS AFFAIRS.
  S 3. Subdivision 12 of section 353 of the executive  law  is  REPEALED
and a new subdivision 12 is added to read as follows:
  12.  (A) FOR THE PURPOSE OF PROVIDING FOR THE CONSTRUCTION, ESTABLISH-
MENT, EXPANSION, IMPROVEMENT, SUPPORT, OPERATION,  MAINTENANCE  AND  THE
PROVISION OF PERPETUAL CARE FOR STATE VETERANS CEMETERIES, TO SEEK FUND-
ING FROM, AND MAKE APPLICATION FOR FUNDING TO:
  (1)  THE  GOVERNMENT  OF  THE  UNITED  STATES, INCLUDING ANY AGENCY OR
PUBLIC AUTHORITY THEREOF;
  (2) THE GOVERNMENT OF THE STATE OF NEW YORK, INCLUDING ANY  AGENCY  OR
PUBLIC AUTHORITY THEREOF;
  (3)  ANY  POLITICAL  SUBDIVISION OF THE GOVERNMENT OF THE STATE OF NEW
YORK, INCLUDING ANY AGENCY OR PUBLIC AUTHORITY THEREOF; OR
  (4) ANY PRIVATE INDIVIDUAL, CORPORATION OR FOUNDATION;
  (B) PURSUANT TO SECTION THREE HUNDRED SIXTY-FIVE OF THIS  ARTICLE,  TO
PROVIDE   THE   CONSTRUCTION,   ESTABLISHMENT,  EXPANSION,  IMPROVEMENT,
SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE  FOR
STATE VETERANS CEMETERIES;
  (C) TO SERVE AS JOINT CUSTODIAN OF, AND PROVIDE FOR THE EXPENDITURE OF
MONEYS FROM, THE VETERANS REMEMBRANCE AND CEMETERY MAINTENANCE AND OPER-
ATION  FUND,  ESTABLISHED  PURSUANT  TO SECTION NINETY-SEVEN-MMMM OF THE
STATE FINANCE LAW; AND

S. 2607--C                         88

  (D) TO EVALUATE, MONITOR AND OTHERWISE OVERSEE THE OPERATION OF VETER-
ANS CEMETERIES IN THIS STATE.
  S 4. Subdivision 12-a of section 353 of the executive law is REPEALED.
  S  5. The executive law is amended by adding a new section 365 to read
as follows:
  S 365. NEW YORK STATE VETERANS CEMETERIES. 1. LEGISLATIVE INTENT.  THE
LEGISLATURE  FINDS AND DETERMINES THAT THE DEVOTED SERVICE AND SACRIFICE
OF VETERANS DESERVES IMPORTANT, UNIQUE AND ETERNAL  RECOGNITION  BY  THE
STATE OF NEW YORK. THAT IT IS BY MEANS OF THE DEVOTED SERVICE AND SACRI-
FICE  OF  VETERANS  THAT THE LIBERTY, FREEDOM AND PROSPERITY, ENJOYED BY
ALL NEW YORKERS IS MAINTAINED AND PRESERVED.
  THE LEGISLATURE FURTHER FINDS AND  DETERMINES  THAT  TO  PROVIDE  THIS
IMPORTANT,  UNIQUE  AND ETERNAL RECOGNITION, THE STATE SHALL ESTABLISH A
PROGRAM OF NEW YORK STATE VETERANS CEMETERIES IN NEW YORK. SUCH  PROGRAM
SHALL  PROVIDE  FOR THE CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE-
MENT, SUPPORT, OPERATION, MAINTENANCE AND  THE  PROVISION  OF  PERPETUAL
CARE  FOR  STATE  VETERANS CEMETERIES IN THIS STATE, AND THEREBY FOR THE
MEMORIALIZATION AND REMEMBRANCE OF INDIVIDUAL VETERANS AND THEIR SERVICE
TO THEIR COMMUNITY, STATE AND NATION.
  THE LEGISLATURE ADDITIONALLY FINDS AND DETERMINES THAT IT IS THEREFORE
NECESSARY TO PROVIDE FOR THE CONSTRUCTION AND ESTABLISHMENT  OF  ONE  OR
MORE NEW YORK STATE VETERANS CEMETERIES, AND THAT TO THEREAFTER, PROVIDE
FOR  THE EXPANSION, IMPROVEMENT, SUPPORT, OPERATION, MAINTENANCE AND THE
PROVISION OF PERPETUAL CARE OF ALL SUCH CEMETERIES  SO  CONSTRUCTED  AND
ESTABLISHED. THE LEGISLATURE ALSO FINDS AND DETERMINES THAT IT IS APPRO-
PRIATE  TO  HAVE THE RESPONSIBILITY FOR THE CONSTRUCTION, ESTABLISHMENT,
EXPANSION,  IMPROVEMENT,  SUPPORT,  OPERATION,   MAINTENANCE   AND   THE
PROVISION OF PERPETUAL CARE FOR VETERANS CEMETERIES IN THIS STATE, TO BE
UNDER  THE  OVERSIGHT  AND  DIRECTION  OF THE STATE DIVISION OF VETERANS
AFFAIRS, AND ITS DIRECTOR, INDIVIDUALLY, AND AS CHAIR OF THE  MANAGEMENT
BOARD, FOR EACH SUCH VETERANS CEMETERY SO CONSTRUCTED AND ESTABLISHED.
  2.  THE  ESTABLISHMENT  OF THE FIRST NEW YORK STATE VETERANS CEMETERY.
(A) THE DIVISION, IN COOPERATION WITH THE UNITED  STATES  DEPARTMENT  OF
VETERANS  AFFAIRS,  IS  HEREBY  DIRECTED TO CONDUCT AN INVESTIGATION AND
STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT  OF  THE  FIRST
NEW  YORK  STATE  VETERANS  CEMETERY. SUCH INVESTIGATION AND STUDY SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (I) POTENTIAL SITE LOCATIONS FOR SUCH CEMETERY,  WITH  FULL  CONSIDER-
ATION AS TO THE NEEDS OF THE VETERANS POPULATION;
  (II) THE GEOGRAPHICAL SIZE OF THE CEMETERY;
  (III) THE NUMBER OF ANNUAL INTERNMENTS AT THE CEMETERY;
  (IV) ACCESSIBILITY TO THE CEMETERY BY VETERANS, THEIR FAMILIES AND THE
GENERAL PUBLIC;
  (V) COSTS FOR CONSTRUCTION OF THE CEMETERY;
  (VI) COSTS OF OPERATION OF THE CEMETERY;
  (VII) SCALABILITY OF THE CEMETERY FOR FUTURE GROWTH AND EXPANSION;
  (VIII)  POTENTIAL FOR FUNDING FOR THE CEMETERY FROM FEDERAL, LOCAL AND
PRIVATE SOURCES; AND
  (IX) SUCH OTHER AND FURTHER ITEMS AS  THE  DIRECTOR  OF  THE  DIVISION
DEEMS NECESSARY FOR THE FIRST STATE VETERANS CEMETERY TO BE SUCCESSFUL.
  THE INVESTIGATION AND STUDY CONDUCTED PURSUANT TO THIS PARAGRAPH SHALL
BE  CONCLUDED  BY NO LATER THAN OCTOBER THIRTY-FIRST, TWO THOUSAND THIR-
TEEN, AND A REPORT OF ITS CONCLUSIONS SHALL BE DELIVERED TO  THE  GOVER-
NOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY
AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECURITY AND

S. 2607--C                         89

MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE  ON  VETERANS'
AFFAIRS, BY NO LATER THAN NOVEMBER ELEVENTH, TWO THOUSAND THIRTEEN.
  (B)  BY  NO LATER THAN DECEMBER FIRST, TWO THOUSAND THIRTEEN, PURSUANT
TO THE RULES AND REGULATIONS ISSUED UNDER PARAGRAPH (F) OF THIS SUBDIVI-
SION, THE DIRECTOR SHALL ISSUE, ON BEHALF OF THE DIVISION, A REQUEST FOR
PROPOSALS FOR ANY LOCAL GOVERNMENT DESIRING  TO  HAVE  THE  FIRST  STATE
VETERANS  CEMETERY  LOCATED  WITHIN  THEIR  POLITICAL  SUBDIVISION. SUCH
REQUEST FOR PROPOSALS SHALL BE RETURNABLE TO THE DIVISION  BY  NO  LATER
THAN JANUARY THIRTY-FIRST, TWO THOUSAND FOURTEEN.
  (C)  NO  LATER  THAN  FEBRUARY  FIFTEENTH,  TWO THOUSAND FOURTEEN, THE
DIRECTOR, IN CONSULTATION WITH THE MANAGEMENT BOARD  OF  THE  FIRST  NEW
YORK STATE VETERANS CEMETERY, SHALL SELECT A SITE FOR THE FIRST NEW YORK
STATE  VETERANS  CEMETERY.  IN  SELECTING  SUCH SITE, THE DIRECTOR SHALL
CONSIDER:
  (I) THE INVESTIGATION AND STUDY, AND THE REPORT PRODUCED BY THE  SAME,
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
  (II)  THE  SUBMITTED  RESPONSES  TO  THE REQUESTS FOR PROPOSALS ISSUED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION;
  (III) THE GUIDELINES FOR  RECEIPT  OF  FEDERAL  FUNDING  SPECIFIED  IN
SECTION  2408 OF TITLE 38 OF THE UNITED STATES CODE, PART 39 OF TITLE 38
OF THE CODE OF FEDERAL REGULATIONS, AND ANY OTHER RELEVANT FEDERAL STAT-
UTE OR REGULATION;
  (IV) THE POSSIBILITY OF FUNDING FROM PRIVATE INDIVIDUALS, CORPORATIONS
OR FOUNDATIONS; AND
  (V) ANY OTHER CONSIDERATION THAT WOULD FACILITATE THE SUCCESSFUL OPER-
ATION OF THE FIRST NEW YORK STATE VETERANS CEMETERY.
  (D) NO LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN, THE DIRECTOR, IN
CONSULTATION WITH THE MANAGEMENT BOARD  OF  THE  FIRST  NEW  YORK  STATE
VETERANS  CEMETERY,  SHALL  MAKE  AN  APPLICATION  FOR  FUNDING FROM THE
GOVERNMENT OF THE UNITED STATES, IN ACCORDANCE WITH THE  GRANT  REQUIRE-
MENTS  SPECIFIED  IN SECTION 2408 OF TITLE 38 OF THE UNITED STATES CODE,
PART 39 OF TITLE 38 OF THE CODE OF FEDERAL REGULATIONS,  AND  ANY  OTHER
RELEVANT FEDERAL STATUTE OR REGULATION, FOR THE PURPOSE OF SEEKING FUNDS
TO  SUPPORT  THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION, IMPROVEMENT,
SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL  CARE  OF
NEW YORK STATE'S FIRST VETERAN CEMETERY. SUCH GRANT APPLICATION SHALL BE
BASED  ON A SITE SELECTED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION,
AND SHALL BE CONSISTENT WITH THE GUIDELINES FOR RECEIPT OF FEDERAL FUND-
ING PURSUANT TO THE RELEVANT PROVISIONS OF FEDERAL LAW.
  (E) THE GOVERNOR SHALL APPOINT A MANAGEMENT BOARD FOR  THE  FIRST  NEW
YORK  STATE  VETERANS  CEMETERY  PURSUANT  TO  SUBDIVISION THREE OF THIS
SECTION.  THE GOVERNOR SHALL PRESENT APPOINTMENTS  FOR  CONFIRMATION  BY
THE SENATE FOR THE MANAGEMENT BOARD OF THE FIRST NEW YORK STATE VETERANS
CEMETERY BY NO LATER THAN JANUARY FIFTEENTH, TWO THOUSAND FOURTEEN.
  (F) THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS GOVERNING:
  (I)  THE GUIDELINES AND STANDARDS FOR THE CONSTRUCTION, ESTABLISHMENT,
EXPANSION,  IMPROVEMENT,  SUPPORT,  OPERATION,   MAINTENANCE   AND   THE
PROVISION  OF  PERPETUAL CARE FOR A STATE VETERANS CEMETERY. SUCH GUIDE-
LINES SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (1) THE SIZE AND TERRAIN OF THE CEMETERY;
  (2) THE MANAGEMENT AND OPERATION OF THE CEMETERY,  INCLUDING  BUT  NOT
LIMITED TO:
  (A) HOURS OF OPERATION;
  (B) EMPLOYEES, EMPLOYEE RELATIONS, AND EMPLOYEE DUTIES;
  (C) THE CONDUCT AND PRACTICE OF EVENTS, CEREMONIES AND PROGRAMS;

S. 2607--C                         90

  (D)  THE  FILING AND COMPLIANCE OF THE CEMETERY WITH STATE AND FEDERAL
REGULATORS; AND
  (E)  SUCH  OTHER  AND FURTHER OPERATIONAL AND MANAGEMENT PRACTICES AND
PROCEDURES AS THE DIRECTOR SHALL  DETERMINE  TO  BE  NECESSARY  FOR  THE
SUCCESSFUL OPERATION OF A STATE VETERANS CEMETERY.
  (3) THE LAYOUT OF PLOTS;
  (4)  THE  LOCATIONS  OF BUILDING AND INFRASTRUCTURE, INCLUDING BUT NOT
LIMITED TO:
  (A) ELECTRICAL LINES AND FACILITIES;
  (B) WATERLINES, IRRIGATION SYSTEMS, AND DRAINAGE FACILITIES;
  (C) TREES, FLOWERS AND OTHER PLANTINGS;
  (D) NON GRAVESITE MEMORIALS, GRAVESITE  MEMORIALS,  MAUSOLEUMS,  HEAD-
STONES,  GRAVE  MARKERS,  INDOOR  INTERNMENT  FACILITIES,  SIGNAGE, FLAG
POLES, AND OTHER MEMORIAL GATHERING SPACES OR INFRASTRUCTURE;
  (E) ROADWAYS, PEDESTRIAN PATHWAYS, PARKING SITES, CURBS AND CURB CUTS;
  (F) PONDS, LAKES AND OTHER WATER SITES;
  (G) RETAINING WALLS, GATES, FENCES, SECURITY SYSTEMS OR OTHER  DEVICES
FOR CEMETERY PROTECTION; AND
  (H)  ANY  OTHER  BUILDINGS, STRUCTURES OR INFRASTRUCTURE NECESSARY FOR
THE SAFE, EFFICIENT AND EFFECTIVE OPERATION OF THE CEMETERY;
  (5) THE QUALIFICATIONS FOR INTERNMENT, CONSISTENT WITH THE  PROVISIONS
OF STATE AND FEDERAL LAW AND ANY REQUIREMENTS PURSUANT TO THE RECEIPT OF
FEDERAL, STATE, LOCAL OR PRIVATE FUNDS;
  (6) THE LOCATION AND PLACEMENT OF INTERNMENTS;
  (7)  CONSISTENT  WITH  THE PROVISIONS OF STATE AND FEDERAL LAW AND ANY
REQUIREMENTS PURSUANT TO THE RECEIPT OF FEDERAL, STATE, LOCAL OR PRIVATE
FUNDS, THE FINANCIAL MANAGEMENT  OF  THE  CEMETERY,  INCLUDING  BUT  NOT
LIMITED TO:
  (A)  THE PROCEDURES FOR THE PROTECTION AND IMPLEMENTATION OF THE CEME-
TERY'S ANNUAL BUDGET;
  (B) THE SEEKING, COLLECTING,  DEPOSIT  AND  EXPENDITURE  OF  OPERATING
FUNDS PURSUANT TO THE CEMETERY'S BUDGET;
  (C)  THE SEEKING, COLLECTING, DEPOSIT AND EXPENDITURE OF CAPITAL FUNDS
PURSUANT TO THE CEMETERY'S CAPITAL PLAN;
  (D) THE SEEKING, COLLECTING,  DEPOSIT  AND  EXPENDITURE  OF  EMERGENCY
FUNDS TO ADDRESS AN UNEXPECTED EVENT;
  (E)  THE  ASSESSMENT,  CHARGING,  COLLECTION  AND  DEPOSIT OF FEES AND
CHARGES;
  (F) THE MANAGEMENT OF CEMETERY FINANCES, BOTH CURRENT AND FUTURE, WITH
RESPECT TO INVESTMENTS; AND
  (G) SUCH OTHER AND FURTHER PROCEDURES AND  ACTIVITIES  CONCERNING  THE
FINANCIAL MANAGEMENT OF THE CEMETERY;
  (8)  THE  PROVISION  OF PERPETUAL CARE FOR THE CEMETERY, INCLUDING BUT
NOT LIMITED TO:
  (A) THE FREQUENCY, STANDARDS AND METHODS FOR  THE  BEAUTIFICATION  AND
MAINTENANCE  OF  GROUNDS,  MEMORIALS,  GRAVESITES, BUILDINGS, CEREMONIAL
SITES, OR OTHER LOCATIONS WITHIN, OR UPON THE CARTILAGE OF THE CEMETERY;
  (B) THE FREQUENCY, STANDARDS AND METHODS FOR THE PROVISION  OF  FLAGS,
PATRIOTIC  AND  MILITARY  SYMBOLS,  AND  OTHER  HONORARY  ITEMS, AT EACH
GRAVESITE AND THROUGHOUT THE CEMETERY; AND
  (C) SUCH OTHER AND FURTHER STANDARDS AS ARE NECESSARY  TO  ASSURE  THE
PROPER  PERPETUAL CARE OF THE CEMETERY IN A MANNER BEFITTING THE HIGHEST
LEVEL OF HONOR AND RESPECT DESERVING TO THOSE VETERANS AND  THEIR  FAMI-
LIES INTERRED IN THE CEMETERY; AND
  (9) GUIDELINES AND STANDARDS FOR THE PROCUREMENT OF LAND FOR THE CEME-
TERY  PROVIDING  THAT  THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY

S. 2607--C                         91

UPON WHICH IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY THE STATE
OF NEW YORK, EXCEPT THAT UPON ELECTION OF THE DIRECTOR, IN  CONSULTATION
WITH  THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE
OWNED  BY  THE  VETERAN  OR  VETERAN FAMILY MEMBER, OR THEIR DESCENDENTS
AUTHORIZED TO BE INTERRED TO IN SUCH PLOTS;
  (10) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE
CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS  CEMETERY,  INCLUDING
CONTRACTING  AND  PURCHASING  FOR  CONSTRUCTION  SERVICES,  PROFESSIONAL
SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES,  CONSULTING  SERVICES,
AS  WELL  AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE-
VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE  GRANTS  AWARDED
OR  PURSUED  FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
ING;
  (11) GUIDELINES AND STANDARDS FOR THE PRACTICES AND PROCEDURES FOR THE
EXPANSION AND  IMPROVEMENT  OF  A  STATE  VETERANS  CEMETERY,  INCLUDING
CONTRACTING  AND  PURCHASING  FOR  CONSTRUCTION  SERVICES,  PROFESSIONAL
SERVICES, LEGAL SERVICES, ARCHITECTURAL SERVICES,  CONSULTING  SERVICES,
AS  WELL  AS THE PROCUREMENT OF MATERIALS, ALL CONSISTENT WITH THE RELE-
VANT PROVISIONS OF FEDERAL, STATE AND LOCAL LAW, THE REGULATIONS PROMUL-
GATED THEREUNDER, AND THE REQUIREMENTS CONTAINED IN THE  GRANTS  AWARDED
OR  PURSUED  FROM THE FEDERAL GOVERNMENT, OR ANY SOURCE OF PRIVATE FUND-
ING;
  (12) ANY OTHER GUIDELINES AND  STANDARDS  THAT  WOULD  FACILITATE  THE
SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,
OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE FOR THE STATE
VETERANS CEMETERY;
  (II)  GUIDELINES  AND  STANDARDS FOR THE REQUEST FOR PROPOSALS FOR ANY
LOCAL GOVERNMENT DESIRING TO HAVE  THE  FIRST  STATE  VETERANS  CEMETERY
LOCATED WITHIN THEIR POLITICAL SUBDIVISION, PURSUANT TO PARAGRAPH (B) OF
THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO:
  (1)  THE FORM, REQUIREMENTS AND STANDARDS REQUIRED FOR SUBMISSION OF A
RESPONSE TO THE REQUEST FOR PROPOSALS;
  (2) THE REQUIREMENT, IF THE DIRECTOR SO ELECTS, THAT A RESPONSE  SHALL
REQUIRE  THE LOCAL GOVERNMENT TO AGREE TO CONTRACT WITH THE STATE OF NEW
YORK THAT ALL COSTS FOR CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVE-
MENT, SUPPORT, OPERATION, MAINTENANCE AND  THE  PROVISION  OF  PERPETUAL
CARE  OF  THE VETERANS CEMETERY SHALL BE THE SOLE RESPONSIBILITY OF, AND
PAID BY THE LOCAL GOVERNMENT, AND THAT TO THE EXTENT SUCH COSTS ARE  NOT
PAID  OR REIMBURSED BY THE GOVERNMENT OF THE UNITED STATES, OR A PRIVATE
INDIVIDUAL, CORPORATION OR FOUNDATION;
  (3) THE REQUIREMENT THAT THE LOCAL GOVERNMENT  WILL  COMPLY  WITH  ALL
STATE  AND FEDERAL STATUTES AND REGULATIONS CONCERNING THE CONSTRUCTION,
ESTABLISHMENT, EXPANSION, IMPROVEMENT, SUPPORT,  OPERATION,  MAINTENANCE
AND  THE PROVISION OF PERPETUAL CARE OF THE STATE VETERANS CEMETERY, AND
SHALL SATISFY ANY AND ALL APPLICABLE STATE  AND  FEDERAL  STANDARDS  AND
REQUIREMENTS FOR THE PERPETUAL CARE OF THE STATE VETERANS CEMETERY;
  (4)  THAT THE STATE VETERANS CEMETERY, AND ALL THE PROPERTY UPON WHICH
IT RESIDES SHALL BE OWNED IN FEE SIMPLE ABSOLUTE BY  THE  STATE  OF  NEW
YORK,  EXCEPT  THAT  UPON ELECTION OF THE DIRECTOR, IN CONSULTATION WITH
THE MANAGEMENT BOARD, MAY PERMIT THE INDIVIDUAL BURIAL PLOTS TO BE OWNED
BY THE VETERAN OR VETERAN FAMILY MEMBER, OR THEIR DESCENDANTS AUTHORIZED
TO BE INTERRED TO IN SUCH PLOTS;
  (5) THAT ALL LANDS UPON WHICH SUCH CEMETERY IS CONSTRUCTED AND  ESTAB-
LISHED  SHALL  BE  USED SOLELY FOR STATE VETERANS CEMETERY PURPOSES, AND

S. 2607--C                         92

FOR THE PURPOSE OF PROVIDING THE HONOR AND REMEMBRANCE OF  VETERANS  AND
THEIR SERVICE THOROUGH CEREMONIES AND PROGRAMS;
  (6)  THE REQUIREMENT, IF THE DIRECTOR SO ELECTS, THAT A RESPONSE SHALL
REQUIRE THE LOCAL GOVERNMENT TO AGREE TO  AUTHORIZE  THE  STATE  OF  NEW
YORK,  IN THE EVENT THAT THE LOCAL GOVERNMENT FAILS TO PERFORM ITS OBLI-
GATIONS UNDER THE CONTRACT WITH THE STATE OF NEW YORK,  THAT  THE  COMP-
TROLLER  MAY  RECOUP ANY UNPAID AMOUNTS OR ANY AMOUNTS NECESSARY FOR THE
STATE TO ASSUME THE OBLIGATIONS WHICH THE  LOCAL  GOVERNMENT  FAILED  TO
PERFORM,  AND THE COMPTROLLER SHALL, TO THE EXTENT NOT OTHERWISE PROHIB-
ITED BY LAW, WITHHOLD SUCH AMOUNT FROM ANY STATE  AID  OR  OTHER  AMOUNT
PAYABLE TO SUCH LOCAL GOVERNMENT; AND
  (7)  SUCH  OTHER  AND  FURTHER  REQUIREMENTS  AS THE DIRECTOR MAY DEEM
PRUDENT IN THE FACILITATION OF THE SUCCESSFUL CITING AND OPERATION OF  A
STATE VETERANS CEMETERY IN THE JURISDICTION OF THE LOCAL GOVERNMENT; AND
  (III) SUCH OTHER AND FURTHER GUIDELINES AND STANDARDS AS ARE NECESSARY
FOR  THE SUCCESSFUL CONSTRUCTION, ESTABLISHMENT, EXPANSION, IMPROVEMENT,
SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL CARE  FOR
A STATE VETERANS CEMETERY;
  (G)  UPON  THE ACCUMULATION OF SUFFICIENT FUNDS IN THE VETERANS REMEM-
BRANCE AND CEMETERY MAINTENANCE AND OPERATION FUND, TO PROVIDE  FOR  THE
DESIGN, CONSTRUCTION AND ESTABLISHMENT OF A STATE VETERANS CEMETERY, AND
FOR  THE  SUPPORT, OPERATION, MAINTENANCE AND THE PROVISION OF PERPETUAL
CARE OF SUCH CEMETERY FOR A PERIOD OF NOT LESS THAN TEN YEARS, ACCORDING
TO ESTIMATES IN THE BUDGET ADOPTED BY THE MANAGEMENT BOARD  PURSUANT  TO
THE  GUIDELINES  AND  PROCEDURES  ESTABLISHED  IN  PARAGRAPH (F) OF THIS
SUBDIVISION, THE DIRECTOR, UPON CONSULTATION WITH THE MANAGEMENT  BOARD,
SHALL  COMMENCE  THE  PROCESS  OF  CONSTRUCTION AND ESTABLISHMENT OF THE
FIRST STATE VETERANS CEMETERY. SUCH PROCESS SHALL BE CONSISTENT WITH THE
RELEVANT PROVISIONS OF LOCAL, STATE AND FEDERAL LAW, AND THE  RULES  AND
REGULATIONS ESTABLISHED PURSUANT TO PARAGRAPH (F) OF THIS SUBDIVISION.
  3.  MANAGEMENT  BOARDS  OF NEW YORK STATE VETERANS CEMETERIES. (A) FOR
EACH NEW YORK STATE VETERANS CEMETERY THERE SHALL BE A MANAGEMENT BOARD.
EACH SUCH MANAGEMENT BOARD SHALL CONSIST OF SEVEN MEMBERS, INCLUDING THE
DIRECTOR OF THE DIVISION WHO SHALL SERVE  AS  CHAIR,  AND  SIX  MEMBERS,
APPOINTED BY THE GOVERNOR UPON ADVICE AND CONSENT OF THE SENATE. OF SUCH
SIX  MEMBERS, NOT LESS THAN FIVE SHALL BE A VETERAN OF THE UNITED STATES
ARMY, THE UNITED STATES NAVY, THE UNITED STATES AIR  FORCE,  THE  UNITED
STATES  MARINES,  THE  NEW  YORK  ARMY  NATIONAL GUARD, THE NEW YORK AIR
NATIONAL GUARD, THE NEW YORK NAVAL MILITIA, OR A MEMBER WHO  HAS  SERVED
IN  A  THEATER  OF COMBAT OPERATIONS OF THE UNITED STATES COAST GUARD OR
THE UNITED STATES MERCHANT MARINES.
  (B) THE MANAGEMENT BOARD SHALL ADVISE, BY MAJORITY VOTE, THE  DIRECTOR
ON   ISSUES   CONCERNING  THE  CONSTRUCTION,  ESTABLISHMENT,  EXPANSION,
IMPROVEMENT,  SUPPORT,  OPERATION,  MAINTENANCE  AND  THE  PROVISION  OF
PERPETUAL  CARE  FOR THE VETERANS CEMETERY, INCLUDING BUT NOT LIMITED TO
ISSUES OF FINANCIAL  CONCERN,  EMPLOYMENT  RELATIONS,  CEMETERY  POLICY,
CEMETERY  EVENTS  AND PROGRAMS, AND SUCH OTHER AND FURTHER ISSUES AS THE
BOARD AND DIRECTOR SHALL DEEM IMPORTANT.
  4. ADDITIONAL STATE VETERANS CEMETERIES. (A) NOT LATER THAN TEN  YEARS
AFTER  THE  CONSTRUCTION  AND  ESTABLISHMENT OF THE FIRST NEW YORK STATE
VETERANS CEMETERY, AND EVERY TEN  YEARS  THEREAFTER,  THE  DIVISION,  IN
COOPERATION WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, SHALL
CONDUCT  AN INVESTIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND
ESTABLISHMENT OF ADDITIONAL NEW YORK  STATE  VETERANS  CEMETERIES.  SUCH
INVESTIGATION AND STUDY SHALL CONSIDER, BUT NOT BE LIMITED TO, THE STUDY
PARAMETERS  ESTABLISHED  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF

S. 2607--C                         93

THIS SECTION. A REPORT OF THE INVESTIGATION AND  STUDY  REQUIRED  TO  BE
CONDUCTED  PURSUANT TO THIS SUBDIVISION SHALL BE DELIVERED TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY
AND THE CHAIR OF THE SENATE COMMITTEE ON VETERANS, HOMELAND SECURITY AND
MILITARY  AFFAIRS,  AND THE CHAIR OF THE ASSEMBLY COMMITTEE ON VETERANS'
AFFAIRS, BY NO LATER THAN NINETY DAYS AFTER THE DIVISION  HAS  COMMENCED
THE CONDUCT OF THE INVESTIGATION AND STUDY;
  (B) THE REPORT OF THE INVESTIGATION AND STUDY REQUIRED TO BE CONDUCTED
PURSUANT TO THIS SUBDIVISION SHALL PROVIDE A DETERMINATION BY THE DIREC-
TOR  AS  TO WHETHER THE STATE SHOULD CONSTRUCT AND ESTABLISH ONE OR MORE
ADDITIONAL VETERANS CEMETERIES, AND SHALL STATE THE REASONING AND  BASIS
FOR SUCH DETERMINATION; AND
  (C)  THE  DIVISION MAY, AT THE DISCRETION OF THE DIRECTOR, AT ANY TIME
AFTER FIVE YEARS FROM THE COMPLETION OF CONSTRUCTION OF THE MOST RECENT-
LY CONSTRUCTED AND ESTABLISHED STATE VETERANS CEMETERY,  IN  COOPERATION
WITH THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, CONDUCT AN INVES-
TIGATION AND STUDY ON THE ISSUE OF THE CONSTRUCTION AND ESTABLISHMENT OF
ADDITIONAL  NEW YORK STATE VETERANS CEMETERIES. A REPORT OF THE INVESTI-
GATION AND STUDY REQUIRED TO BE CONDUCTED  SHALL  BE  DELIVERED  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY AND THE CHAIR OF THE SENATE  COMMITTEE  ON  VETERANS,  HOMELAND
SECURITY  AND  MILITARY AFFAIRS, AND THE CHAIR OF THE ASSEMBLY COMMITTEE
ON VETERANS' AFFAIRS, BY NO LATER THAN NINETY DAYS  AFTER  THE  DIVISION
HAS COMMENCED THE CONDUCT OF THE INVESTIGATION AND STUDY.
  (D) IF THE DIRECTOR, PURSUANT TO THE INVESTIGATION AND STUDY CONDUCTED
PURSUANT  TO  THIS  SUBDIVISION, DETERMINES THAT THERE SHALL BE AN ADDI-
TIONAL STATE VETERANS CEMETERY IN NEW YORK  STATE,  THE  DIRECTOR  SHALL
PROVIDE  FOR  THE  CONSTRUCTION  AND  ESTABLISHMENT OF SUCH NEW VETERANS
CEMETERY  PURSUANT  TO  THE  SAME  GUIDELINES  AND  STANDARDS  FOR   THE
CONSTRICTION  AND  ESTABLISHMENT  OF  THE  FIRST STATE VETERANS CEMETERY
UNDER THIS SECTION.
  5. EXPANSION AND IMPROVEMENT OF EXISTING  STATE  VETERANS  CEMETERIES.
THE  DIRECTOR,  IN  CONSULTATION  WITH  THE  MANAGEMENT BOARD OF A STATE
VETERANS CEMETERY, MAY PROVIDE FOR THE EXPANSION AND/OR  IMPROVEMENT  OF
THE  CEMETERY.  SUCH  EXPANSION  AND  IMPROVEMENT  SHALL BE CONDUCTED IN
ACCORDANCE WITH THE RULES AND REGULATIONS OF THE  DIVISION  UNDER  PARA-
GRAPH (F) OF SUBDIVISION TWO OF THIS SECTION.
  S 6. This act shall take effect immediately.

                                 PART T

  Section  1.  Subdivision  2  of  section 6302 of the education law, as
amended by chapter 295 of the laws  of  1995,  is  amended  to  read  as
follows:
  2.  Pursuant  to  section sixty-three hundred ten of this article, any
eligible county, city or school district acting through its local legis-
lative body or board, may by local law or resolution,  and  pursuant  to
the  master  plan,  standards  and  regulations  prescribed by the state
university trustees, and with the approval  of  said  trustees,  combine
with one or more contiguous counties, cities or school districts, or any
combination  thereof,  to  constitute a community college region for the
purpose of operating, as local sponsor, an  existing  community  college
[which is currently sponsored by a city or school district] other than A
COMMUNITY  COLLEGE CURRENTLY SPONSORED BY a school district located in a
city with a population of one million or more.

S. 2607--C                         94

  S 2. Section 6310 of the education law is amended by adding  five  new
subdivisions  18, 19, 20, 21 and 22 to read as follows:
  18.  THE  SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR WHICH SPONSOR-
SHIP IS TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY TERMINATE ITS SOLE
SPONSORSHIP OF SUCH COMMUNITY COLLEGE AND TRANSFER  THE  SPONSORSHIP  OF
THE COMMUNITY COLLEGE BY RESOLUTION IN ACCORDANCE WITH THE PROVISIONS OF
THIS  SECTION,  THIS ARTICLE, THE MASTER PLAN, STANDARDS AND REGULATIONS
PRESCRIBED BY THE STATE UNIVERSITY TRUSTEES, AND WITH  THE  APPROVAL  OF
SAID TRUSTEES; AND THE BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION
ESTABLISHED TO SPONSOR SUCH COMMUNITY COLLEGE MAY ACCEPT THE TRANSFER OF
SUCH COLLEGE BY RESOLUTION.
  19.  NOTWITHSTANDING  ANY INCONSISTENT PROVISION OF ANY OTHER LAW, THE
SPONSOR OF ANY EXISTING  COMMUNITY  COLLEGE  FOR  WHICH  SPONSORSHIP  IS
TRANSFERRED TO A COMMUNITY COLLEGE REGION MAY GRANT, TRANSFER, OR CONVEY
TO  THE  COMMUNITY  COLLEGE REGION ESTABLISHED TO SPONSOR SUCH COMMUNITY
COLLEGE FOR AN AGREED AMOUNT OF CONSIDERATION, AND THE COMMUNITY COLLEGE
REGION MAY ACCEPT, RECEIVE, AND HOLD ANY REAL OR  PERSONAL  PROPERTY  OR
ASSIGNED  ASSETS,  OR  ANY INTEREST THEREIN, CONSISTING OF THE COMMUNITY
COLLEGE.
  20. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR  WHICH  SPONSOR-
SHIP  IS  TRANSFERRED TO A COMMUNITY COLLEGE REGION IS HEREBY AUTHORIZED
TO PROVIDE BY AGREEMENT  WITH  THE  COMMUNITY  COLLEGE  REGION  FOR  THE
PAYMENT  OF  ANY  LIABILITIES  INCURRED  BY  IT  FOR  COMMUNITY  COLLEGE
PURPOSES, INCLUDING ALL DEBTS AND OBLIGATIONS OF EVERY KIND,  INCLUDING,
BUT NOT LIMITED TO, ANY OBLIGATIONS OUTSTANDING PRIOR TO THE DATE OF THE
TRANSFER  OF SPONSORSHIP OF THE COLLEGE TO THE COMMUNITY COLLEGE REGION.
SUBSEQUENT TO THE DATE OF TRANSFER OF SPONSORSHIP,  AND  NOTWITHSTANDING
ANY  INCONSISTENT  PROVISION  OF  ANY  OTHER  LAW, THE COMMUNITY COLLEGE
REGION SHALL HAVE THE POWER TO BORROW MONEY IN ANTICIPATION  OF  REVENUE
DUE TO THE COMMUNITY COLLEGE REGION AND SHALL, SOLELY FOR THE PURPOSE OF
CONTRACTING  INDEBTEDNESS  UNDER SECTION 25.00 OF THE LOCAL FINANCE LAW,
BE DEEMED A MUNICIPALITY. FOR THE PURPOSES OF THE LOCAL FINANCE LAW, THE
BOARD OF TRUSTEES OF THE COMMUNITY COLLEGE REGION SHALL BE  THE  FINANCE
BOARD,  ITS  CHAIRMAN  SHALL BE ITS CHIEF FISCAL OFFICER, AND ITS FISCAL
YEAR SHALL BE AS SET FORTH IN THIS SECTION; PROVIDED  FURTHER  THAT  THE
PROVISIONS  OF SECTION 162.00 OF THE LOCAL FINANCE LAW SHALL BE APPLICA-
BLE TO REVENUE ANTICIPATION NOTES ISSUED UNDER THIS SECTION.
  21. THE SPONSOR OF ANY EXISTING COMMUNITY COLLEGE FOR  WHICH  SPONSOR-
SHIP  IS  TRANSFERRED  TO  A  COMMUNITY COLLEGE REGION AND THE COMMUNITY
COLLEGE REGION SHALL MAKE PROVISION FOR THE TRANSFER OF ALL PERSONNEL OF
THE COMMUNITY COLLEGE TO THE COMMUNITY COLLEGE  REGION.  NOTWITHSTANDING
ANY  OTHER  PROVISION  OF LAW, SUCH EMPLOYEES SO TRANSFERRED SHALL IMME-
DIATELY BECOME EMPLOYEES OF  THE  COMMUNITY  COLLEGE  REGION  AND  SHALL
RETAIN  ALL  RIGHTS  AND  PRIVILEGES  ACCRUED  AT THE COMMUNITY COLLEGE,
INCLUDING, BUT NOT LIMITED TO, TENURE, PENSION, EMPLOYMENT  STATUS,  AND
SENIORITY. FOR SALARY, SICK LEAVE, AND OTHER PURPOSES AS APPROPRIATE, AN
EMPLOYEE'S LENGTH OF SERVICE WITH THE COMMUNITY COLLEGE SHALL BE CREDIT-
ED  AS  EMPLOYMENT TIME WITH THE REGIONAL COMMUNITY COLLEGE. ALL COLLEC-
TIVE BARGAINING AGREEMENTS NEGOTIATED PURSUANT TO  ARTICLE  FOURTEEN  OF
THE  CIVIL SERVICE LAW AND THE TERMS AND CONDITIONS OF EMPLOYMENT OF THE
THEN CURRENT EMPLOYEES OF THE COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS
BEING TRANSFERRED TO A COMMUNITY  COLLEGE  REGION,  INCLUDING  ANY  PAST
PRACTICES  THAT  CONSTITUTE  TERMS  AND  CONDITIONS OF EMPLOYMENT, SHALL
REMAIN IN EFFECT UNTIL MODIFIED PURSUANT  TO  ARTICLE  FOURTEEN  OF  THE
CIVIL SERVICE LAW. ALL NEGOTIATING UNITS OF SUCH EMPLOYEES SHALL CONTIN-
UE IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND ALL

S. 2607--C                         95

CERTIFIED  EMPLOYEE  ORGANIZATIONS SHALL CONTINUE TO REPRESENT EMPLOYEES
IN THE COMMUNITY COLLEGE REGION UNTIL MODIFIED PURSUANT TO ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW.  THIS  SECTION  SHALL  NOT  DIMINISH  ANY
CURRENT  RIGHTS OR BENEFITS OF NOR CONFER ANY ADDITIONAL RIGHTS OR BENE-
FITS TO ANY EMPLOYEE OR EMPLOYEE ORGANIZATION.
  22. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF ANY OTHER  LAW,  THE
SPONSOR OF AN EXISTING COMMUNITY COLLEGE FOR WHICH SPONSORSHIP IS TRANS-
FERRED  TO A COMMUNITY COLLEGE REGION, THE COMMUNITY COLLEGE, THE COMMU-
NITY COLLEGE REGION, OR ANY COUNTY ELIGIBLE TO APPOINT  MEMBERS  TO  THE
COMMUNITY  COLLEGE REGIONAL BOARD OF TRUSTEES ARE AUTHORIZED TO TAKE ALL
ACTIONS NECESSARY OR PROPER WITH  RESPECT  TO  THE  ESTABLISHMENT  OF  A
COMMUNITY  COLLEGE  REGION OR THE TRANSFER OF SPONSORSHIP OF A COMMUNITY
COLLEGE TO A COMMUNITY COLLEGE REGION, INCLUDING  THE  APPROVAL  OF  ANY
BUDGET  OR TAX, THE APPROVAL OF AND THE ISSUANCE OF REVENUE ANTICIPATION
NOTES AND OTHER OBLIGATIONS, ALL CONTRACTS, PURCHASES,  AGREEMENTS,  AND
APPOINTMENTS  MADE  AND ENTERED INTO BY SUCH SPONSOR, COLLEGE REGION AND
COUNTIES ON BEHALF OF THE COMMUNITY COLLEGE, ALL  CONTRACTS,  PURCHASES,
AGREEMENTS,  AND  APPOINTMENTS  MADE  AND  ENTERED INTO BY THE COMMUNITY
COLLEGE, ALL ACTIONS TAKEN BY ITS SPONSOR, AND SUCH COUNTIES  IN  INCUR-
RING  ANY  OBLIGATION  TO  FINANCE  ANY  EXPENDITURES  OF SUCH COMMUNITY
COLLEGE, THE ACTIONS OF  SUCH  SPONSOR  IN  TRANSFERRING  TITLE  OF  ALL
COLLEGE  PROPERTIES  TO  THE  COMMUNITY  COLLEGE REGION, AND ANY AND ALL
ACTIONS TAKEN BY SUCH COUNTIES,  SPONSOR,  AND  COMMUNITY  COLLEGE  WITH
RESPECT  TO  THE  AFORESAID  MATTERS  FOR  ANY  PURPOSES RELATING TO THE
PROVISION OF EDUCATIONAL FACILITIES AND SERVICES FOR THE STUDENTS OF THE
COMMUNITY COLLEGE.
  S 3. If any clause, sentence, subdivision, paragraph, section or  part
of  this  act  be  adjudged by any court of competent jurisdiction to be
invalid, such judgment  shall  not  affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence,  subdivision,  paragraph,  section  or  part  thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 4. This act shall take effect immediately.

                                 PART U

  Section  1. The private housing finance law is amended by adding a new
article 28 to read as follows:
                               ARTICLE 28
            RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM
SECTION 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
        1231. DEFINITIONS.
        1232. RURAL AND URBAN COMMUNITY INVESTMENT FUND.
  S 1230. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
FINDS AND DECLARES THAT THERE EXISTS IN NEW YORK STATE A SERIOUS NEED TO
ASSIST COMMUNITIES WITH THE CREATION AND IMPROVEMENT OF AFFORDABLE HOUS-
ING, AND THE COMMERCIAL, RETAIL  AND  COMMUNITY  FACILITIES  RELATED  TO
MIXED   USE   AFFORDABLE   RESIDENTIAL  DEVELOPMENTS.     LOCALLY  BASED
NOT-FOR-PROFIT ORGANIZATIONS PLAY A SIGNIFICANT ROLE IN  ADDRESSING  THE
UNIQUE  CHARACTERISTICS  OF  RURAL AND URBAN COMMUNITIES.  PARTNERSHIPS,
ALLIANCES AND COLLABORATIONS WITH  CORPORATE  ENTITIES,  TO  THE  EXTENT
PRACTICABLE,  WILL FOSTER CROSS-SECTOR COLLABORATION IN ORDER TO BUILD A
DIVERSE COMMUNITY SUPPORT SYSTEM. THE LEGISLATURE FINDS  THAT,  IN  BOTH
RURAL  AND  URBAN AREAS OF THE STATE, A PROGRAM SHOULD BE ESTABLISHED TO
FUND THE PRESERVATION AND/OR  IMPROVEMENT  OF  AFFORDABLE  HOUSING,  THE

S. 2607--C                         96

CREATION,  PRESERVATION  OR  IMPROVEMENT  OF  THE  COMMERCIAL, RETAIL OR
COMMUNITY FACILITIES  COMPONENT  OF  MIXED  USE  AFFORDABLE  RESIDENTIAL
DEVELOPMENTS.
  S  1231.  DEFINITIONS.  1.  "CORPORATION" SHALL MEAN THE HOUSING TRUST
FUND CORPORATION ESTABLISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER.
  2. "RURAL AND URBAN COMMUNITY  INVESTMENT  FUND  PROGRAM"  SHALL  MEAN
ACTIVITIES  BY  AN  ELIGIBLE  APPLICANT FOR A SPECIFIC WORK OR SERIES OF
WORKS FOR THE PRESERVATION OR IMPROVEMENT OF AFFORDABLE HOUSING, OR  THE
CREATION,  PRESERVATION  OR  IMPROVEMENT  OF  THE  COMMERCIAL, RETAIL OR
COMMUNITY FACILITIES  COMPONENT  OF  MIXED  USE  AFFORDABLE  RESIDENTIAL
DEVELOPMENTS, IN RURAL AND URBAN AREAS OF THE STATE.
   3.  "RURAL  AREA  OF THE STATE" SHALL MEAN CITIES, TOWNS AND VILLAGES
HAVING A POPULATION OF LESS THAN TWENTY-FIVE THOUSAND.
  4. "URBAN AREA OF THE STATE" SHALL MEAN ANY UNIT OF  LOCAL  GOVERNMENT
WITHIN THE STATE WITH A POPULATION OF MORE THAN TWENTY THOUSAND PERSONS.
  5.  "ELIGIBLE APPLICANT" SHALL INCLUDE A NOT-FOR-PROFIT CORPORATION OR
CHARITABLE ORGANIZATION, OR A WHOLLY-OWNED SUBSIDIARY OF SUCH  A  CORPO-
RATION  OR  ORGANIZATION,  OR  A  PRIVATE FOR-PROFIT DEVELOPER SUCH AS A
PERSON, CORPORATION, PARTNERSHIP OR LIMITED LIABILITY COMPANY.
  6. "AFFORDABLE  RESIDENTIAL  DEVELOPMENT"  SHALL  INCLUDE  RESIDENTIAL
UNITS  THAT  ARE  RENT  RESTRICTED  AND OCCUPIED BY PERSONS AND FAMILIES
WHOSE INCOME DOES NOT EXCEED NINETY PERCENT OF AREA  MEDIAN  INCOME  FOR
THE  COUNTY  IN  WHICH  A PROJECT IS LOCATED AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
  S 1232. RURAL AND URBAN COMMUNITY INVESTMENT FUND. 1.  WITHIN  AMOUNTS
APPROPRIATED  THEREFOR, THE HOUSING TRUST FUND CORPORATION SHALL DEVELOP
AND ADMINISTER A RURAL AND URBAN COMMUNITY INVESTMENT FUND PROGRAM WHICH
SHALL PROVIDE ASSISTANCE IN THE FORM OF PAYMENTS, GRANTS AND  LOANS  FOR
REASONABLE  AND NECESSARY EXPENSES, TO AN ELIGIBLE APPLICANT FOR PRESER-
VATION OR IMPROVEMENT OF AFFORDABLE HOUSING, CREATION,  PRESERVATION  OR
IMPROVEMENT  OF THE COMMERCIAL, RETAIL OR COMMUNITY FACILITIES COMPONENT
OF MIXED USE AFFORDABLE RESIDENTIAL DEVELOPMENTS,  IN  RURAL  AND  URBAN
AREAS OF THE STATE.
  2.  PROGRAM CRITERIA. THE CORPORATION SHALL DEVELOP PROCEDURES, CRITE-
RIA AND REQUIREMENTS RELATED TO THE APPLICATION AND  AWARD  OF  PROJECTS
PURSUANT  TO  THIS  SECTION  WHICH  SHALL INCLUDE:   ELIGIBILITY, MARKET
DEMAND, FEASIBILITY AND  FUNDING  CRITERIA;  THE  FUNDING  DETERMINATION
PROCESS;  SUPERVISION  AND EVALUATION OF CONTRACTING APPLICANTS; REPORT-
ING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICA-
TION AND TERMINATION OF CONTRACTS; AND SUCH OTHER MATTERS NOT INCONSIST-
ENT WITH THE PURPOSES AND PROVISIONS OF THIS ARTICLE AS THE  CORPORATION
SHALL DEEM NECESSARY OR APPROPRIATE.
  3.  FUND ALLOCATION. SIXTY PERCENT OF THE TOTAL FUNDS AWARDED PURSUANT
TO THIS ARTICLE IN ANY  FISCAL  YEAR  SHALL  BE  ALLOCATED  TO  PROJECTS
LOCATED  IN  URBAN  AREAS OF THE STATE. FORTY PERCENT OF THE TOTAL FUNDS
AWARDED PURSUANT TO THIS ARTICLE IN ANY FISCAL YEAR SHALL  BE  ALLOCATED
TO PROJECTS LOCATED IN RURAL AREAS OF THE STATE.
  4.  FUNDING  CRITERIA. A ONE-THIRD MATCH REQUIREMENT SHALL BE REQUIRED
OF ANY ELIGIBLE APPLICANT, WHICH MAY INCLUDE DONATED PROPERTY, MATERIALS
OR LABOR AND OTHER RESOURCES, AND  MAY  BE  REDUCED  OR  ELIMINATED  FOR
PROJECTS LOCATED WITHIN A DECLARED DISASTER AREA.
  5.  FUNDING  DECISIONS.  THE  CORPORATION IN ITS SOLE DISCRETION SHALL
AUTHORIZE ALL FUNDING DECISIONS AND MAKE ALL  AWARD  ANNOUNCEMENTS.  THE
CORPORATION  SHALL  PROVIDE AMPLE NOTICE TO THE RESPECTIVE CHAIRS OF THE
SENATE AND ASSEMBLY  HOUSING,  CONSTRUCTION  AND  COMMUNITY  DEVELOPMENT

S. 2607--C                         97

COMMITTEES,  OF  LEAST  TEN BUSINESS DAYS, PRIOR TO ANY PUBLIC ANNOUNCE-
MENT, ISSUANCE OF AWARD LETTERS, OR OTHER NOTIFICATION TO AWARDEES.
  6.  ANNUAL  REPORT. THE CORPORATION SHALL, ON OR BEFORE DECEMBER THIR-
TY-FIRST IN EACH YEAR SUBMIT A REPORT TO THE LEGISLATURE ON  THE  IMPLE-
MENTATION OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED
TO,  FOR  EACH AWARD MADE TO A GRANTEE UNDER THIS ARTICLE: A DESCRIPTION
OF SUCH AWARD; CONTRACT AMOUNT AND CUMULATIVE TOTAL; THE SPECIFIC ACTIV-
ITIES IN RURAL AND URBAN AREAS PERFORMED BY SUCH GRANTEE; THE AMOUNTS OF
MATCH MONIES RECEIVED BY THE GRANTEE FROM SOURCES  OTHER  THAN  PAYMENTS
MADE  PURSUANT TO THIS ARTICLE; AND SUCH OTHER INFORMATION AS THE CORPO-
RATION DEEMS PERTINENT.
  S 2. This act shall take effect immediately.

                                 PART V

  Section 1. Section 6301 of the education law is amended  by  adding  a
new subdivision 6 to read as follows:
  6.  "CERTIFICATE  OF RESIDENCE FORM".  A STANDARD FORM AS DEVELOPED BY
THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK, IN CONJUNCTION  WITH
THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK.
  S 2. Subdivisions 3 and 4 of section 6305 of the education law, subdi-
vision 3 as amended by chapter 486 of the laws of 1967 and subdivision 4
as  separately  amended by chapters 439 and 646 of the laws of 1975, are
amended to read as follows:
  3. The chief fiscal officer of each county, as defined in section 2.00
of the local finance law, shall, upon application and submission to  him
of  satisfactory  evidence,  issue to any person desiring to enroll in a
community college as a non-resident student, a certificate of  residence
FORM showing that said person is a resident of said county. If the chief
fiscal  officer  of  a county refuses to issue such a certificate on the
ground that the person applying therefor is not a resident of such coun-
ty, the person applying may  appeal  to  the  chancellor  of  the  state
university. The chancellor of the state university shall make a determi-
nation after a hearing, upon ten days' notice to such chief fiscal offi-
cer  of the county, and such determination shall be final and binding on
the county. Such person shall, upon his registration  for  each  college
year,  file with the college such a certificate of residence FORM issued
not earlier than two months prior thereto, and such certificate of resi-
dence FORM shall be valid for a period of one  year  from  the  date  of
issuance.
  4.  If,  pursuant  to  subdivision  two  of  this section, a community
college elects to charge to and collect  an  allocable  portion  of  the
operating  costs  and  a further sum on account of capital costs of such
college from each county which has issued a certificate FORM or  certif-
icates of residence FORMS pursuant to subdivision three of this section,
on the basis of which non-resident students are attending such community
college,  the  president  of such community college shall, within forty-
five days after the commencement of each college term or program, submit
to the chief fiscal officer  of  each  county  a  list  of  non-resident
students  attending  such  college  on the basis of such certificates of
residence FORM and a voucher for the amount payable by each  county  for
these  students.  Such list and voucher shall be determined on the basis
of non-resident students enrolled in the program as of the end (or  last
day)  of  the third week of the commencement for a program scheduled for
one semester, the end of the second  for  a  program  scheduled  for  an
academic quarter and the end of the first week for any program scheduled

S. 2607--C                         98

to  be  completed  in  thirty  days or less. The chancellor of the state
university, or such officers or employees thereof as shall be designated
by the chancellor in the manner authorized by the state university trus-
tees,  shall  notify  the  chief  fiscal  officers of each county of the
approved annual operating and capital charge-back rate for each communi-
ty college. The amount billed to the chief fiscal officer of each county
by the president of such community college as a charge for the allocable
portion of the operating costs and a further sum on account  of  capital
costs  of  such  college  for non-resident students shall be paid to the
chief fiscal officer of such college by the billed county no later  than
sixty days after the county receives said billing.
  S  3. Subdivision 10 of section 6305 of the education law, as added by
chapter 170 of the laws of 1994, is amended to read as follows:
  10. On or before March thirty-first, nineteen hundred ninety-five  and
every  year  thereafter, the state shall reimburse each county which has
issued a certificate  of  residence  for  any  non-resident  student  in
attendance  at  the  fashion institute of technology during the nineteen
hundred ninety-three--ninety-four academic year and every year thereaft-
er in an amount equal to fifty percent of the actual amount paid by such
county on behalf of such students and on or before June first,  nineteen
hundred ninety-five and every year thereafter, the state shall reimburse
each county for the remaining fifty percent of the actual amount paid by
each  such  county on behalf of such students.  NOTWITHSTANDING SUBDIVI-
SION FIVE OF THIS SECTION, AND SUBJECT  TO  THE  AVAILABILITY  OF  STATE
APPROPRIATIONS  FOR  STATE FISCAL YEARS TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE TO THE FASH-
ION INSTITUTE OF TECHNOLOGY FOR NON-RESIDENT STUDENTS ENROLLED IN  UPPER
DIVISION  CLASSES  SHALL  NOT BE CHARGED BACK TO ANY CITY OR TOWN WITHIN
THE COUNTY. PROVIDED FURTHER HOWEVER, THAT FOR THE  TWO  THOUSAND  THIR-
TEEN--TWO  THOUSAND FOURTEEN STATE FISCAL YEAR ONLY, A COUNTY MAY CHARGE
BACK TOWNS UP TO FIFTY PERCENT OF THE ACADEMIC YEAR  COSTS  ATTRIBUTABLE
TO NON-RESIDENT ENROLLMENT IN UPPER DIVISION CLASSES.
  S  4. Subdivision 11 of section 6305 of the education law, as added by
section 1 of part Q of chapter 57 of the laws of 2012,  is  amended  and
three new subdivisions 12, 13 and 14 are added to read as follows:
  11.  [The  state university board of trustees, in conjunction with the
city university board of trustees, is  directed  to  examine  the  laws,
regulations,  and  policies regarding community college charges for non-
resident students. This examination shall  review  the  impacts  of  the
current  law mechanisms for covering the local sponsor's share of commu-
nity college operating  costs  attributable  to  non-resident  students,
including the impacts of charging a non-resident student or charging the
county  where the student resides a per student allocable portion of the
local sponsor's share of operating costs, and  shall  also  specifically
include examination of the following:
  a. the methodology for determining the amount that may be charged by a
community  college  for each non-resident student's allocable portion of
the local sponsor's share of operating costs;
  b. the process for notifying a county of the approved annual operating
and community college charge-back rates and the timeline for a county to
pay the charge-back rate to the community college;
  c. policies regarding charge-back rates paid by city and towns in  the
county; and
  d.  recommendations  for  potential  modification  to  the laws, regu-
lations, and policies regarding community college charges for  non-resi-
dent  students  that  would result in improvements related to equity and

S. 2607--C                         99

efficiency and the fiscal impacts of implementing such modifications  to
students, counties and the state.
  The boards shall submit a joint report of their findings to the chairs
of  the senate and assembly higher education committees and the chair of
the senate finance committee and the chair  of  the  assembly  ways  and
means committee no later than September first, two thousand twelve.] THE
STATE  UNIVERSITY  OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK SHALL
PROMULGATE A UNIFORM METHODOLOGY FOR  CALCULATING  CHARGEBACK  RATES  TO
ENSURE EQUITY BETWEEN THE LOCAL SPONSOR CONTRIBUTION PER STUDENT AND THE
CHARGEBACK RATE PER STUDENT CHARGED TO OTHER COUNTIES.
  12.  NO  RETROACTIVE  CHARGE SHALL BE BILLED TO ANY COUNTY BASED ON AN
INCREASED CHARGEBACK RATE AFTER THE COMMENCEMENT OF THE BILLABLE  SEMES-
TER.
  13.  THE  STATE  UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK SHALL DEVELOP AN ON-LINE TRAINING PROGRAM TO BE MADE  AVAILABLE  TO
EACH  COUNTY  TREASURER AND/OR FINANCIAL OFFICER, TO PROVIDE INFORMATION
REGARDING CHARGEBACK FEES AND GUIDANCE CONCERNING  COMMON  FORMS,  TIME-
LINES, AND POLICIES RELATING TO CHARGEBACK FEES AND THE PAYMENT THEREOF.
  14.  THE  STATE  UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW
YORK SHALL DEVELOP AND IMPLEMENT THEIR OWN ON-LINE OR ELECTRONIC BILLING
SYSTEM, TO BE AVAILABLE TO THE COUNTIES OF THIS STATE, FOR  THE  PAYMENT
OF CHARGEBACK FEES.
  S 5. Paragraph c of subdivision 1 of section 355 of the education law,
as  amended  by  chapter  552 of the laws of 1985, is amended to read as
follows:
  c. The approval of the establishment of community  colleges  and  four
year colleges authorized by article one hundred twenty-six of this chap-
ter, in conformance with the master plan; the provision of standards and
regulations  covering  the organization and operation of their programs,
courses and curricula, financing arrangements, state  financial  assist-
ance,  tuition  charges  and  fees,  and  such  other  matters as may be
involved in the operation of such colleges; THE ESTABLISHMENT AND  MAIN-
TENANCE  OF  A WEB PAGE, LINKED TO THE HOME PAGE OF THE STATE UNIVERSITY
OF NEW YORK, THAT SHALL SERVE AS A CENTRAL REPOSITORY FOR COMMON  FORMS,
TIMELINES,  AND  POLICIES  RELATED TO CHARGEBACK FEES AND CERTIFICATE OF
RESIDENCY FORMS.
  S 6. Subdivision 3 of section 6222 of the education law, as  added  by
section  2  of  part  Q of chapter 57 of the laws of 2012, is amended to
read as follows:
  3. [The city university board of trustees shall  work  in  conjunction
with  the state university board of trustees for the purposes of examin-
ing the laws, regulations,  and  policies  regarding  community  college
charges  for non-resident students and submitting a report to the legis-
lature pursuant to subdivision eleven  of  section  sixty-three  hundred
five of this title] THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL MAINTAIN
A  WEBPAGE,  LINKED TO THE HOME PAGE OF THE CITY UNIVERSITY OF NEW YORK,
THAT SHALL SERVE AS A CENTRAL REPOSITORY FOR  COMMON  FORMS,  TIMELINES,
AND  POLICIES  RELATED  TO  CHARGEBACK FEES AND CERTIFICATE OF RESIDENCY
FORMS.
  S 7. This act shall take effect immediately; provided that:
  (a) sections one, two, five and six of  this  act  shall  take  effect
February 1, 2014; and
  (b) section four of this act shall take effect April 1, 2015.

                                 PART W

S. 2607--C                         100

  Section  1.  Section 9 of chapter 420 of the laws of 2002 amending the
education law relating to the profession of social work, as  amended  by
chapter 132 of the laws of 2010, is amended to read as follows:
  S 9. a.  Nothing in this act shall prohibit or limit the activities or
services on the part of any person in the employ of a program or service
operated,  regulated,  funded,  or  approved by the department of mental
hygiene, the office of children and family services, the  department  of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, the state
office  for the aging, the department of health, or a local governmental
unit as that term is defined in article 41 of the mental hygiene law  or
a  social  services  district  as  defined  in  section 61 of the social
services law, provided, however, this section shall  not  authorize  the
use  of  any  title  authorized pursuant to article 154 of the education
law, except that this section shall be deemed repealed on July 1,  [2013
provided,  further,  however,  that  on  or before October 1, 2010, each
state agency identified in this subdivision shall submit to the  commis-
sioner  of  education  data, in such form and detail as requested by the
commissioner of education, concerning the  functions  performed  by  its
service  provider  workforce  and  the service provider workforce of the
local governmental units and social services  districts  as  defined  in
this  subdivision  over which the agency has regulatory authority. After
receipt of such data, the commissioner shall convene a workgroup of such
state agencies for the purpose of reviewing such data and also  to  make
recommendations  regarding  amendments to law, rule or regulation neces-
sary to clarify which tasks and activities must  be  performed  only  by
licensed  or  otherwise  authorized  personnel. No later than January 1,
2011, after consultation with such work group,  the  commissioner  shall
develop  criteria  for  the report required pursuant to subdivision b of
this section and shall work with such state agencies by providing advice
and guidance regarding which tasks and activities must be performed only
by licensed or otherwise authorized personnel.
  b. On or before July 1, 2011, each such state agency, after  consulta-
tion  with  local  governmental  units  and social services districts as
defined in subdivision a of this section over which the agency has regu-
latory authority, shall submit to the commissioner of education a report
on the utilization of  personnel  subject  to  the  provisions  of  this
section. Such report shall include but not be limited to: identification
of tasks and activities performed by such personnel categorized as tasks
and  functions  restricted to licensed personnel and tasks and functions
that do not require a license under article 154 of  the  education  law;
analysis  of costs associated with employing only appropriately licensed
or otherwise authorized personnel to perform tasks  and  functions  that
require  licensure  under  such  article 154, including salary costs and
costs associated with  providing  support  to  unlicensed  personnel  in
obtaining  appropriate  licensure.  Such  report  shall  also include an
action plan detailing measures through which each such entity shall,  no
later  than July 1, 2013, comply with professional licensure laws appli-
cable to services provided and make recommendations on alternative path-
ways toward licensure.
  c.  The commissioner of education shall, after receipt of  the  report
required under this section, and after consultation with state agencies,
not-for-profit  providers,  professional  associations,  consumers,  and
other key stakeholders, submit a report to the governor, the speaker  of
the  assembly,  the temporary president of the senate, and the chairs of
the senate and assembly higher education committees by July 1,  2012  to
recommend  any  amendments to law, rule or regulation necessary to fully

S. 2607--C                         101

implement the requirements for licensure by July 1, 2013.   Other  state
agency  commissioners shall be provided an opportunity to include state-
ments or alternative recommendations in such report] 2016.
  B.  ON  OR  BEFORE  SEPTEMBER 1, 2014, EACH STATE AGENCY IDENTIFIED IN
SUBDIVISION A OF THIS SECTION  THAT  OPERATES,  REGULATES,  APPROVES  OR
FUNDS  PROGRAMS  THAT  EMPLOY INDIVIDUALS TO PROVIDE SERVICES THAT WOULD
OTHERWISE BE RESTRICTED TO  INDIVIDUALS  LICENSED  OR  AUTHORIZED  UNDER
ARTICLE  153,  154  OR  163  OF  THE  EDUCATION LAW, SHALL SUBMIT TO THE
COMMISSIONER OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY  SUCH
COMMISSIONER,  DATA  IN RELATION TO:  THE NUMBER OF INDIVIDUALS EMPLOYED
IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE
AGENCY ON JULY 1, 2013 WHO WERE LICENSED BY THE DEPARTMENT OF  EDUCATION
PURSUANT  TO  PARAGRAPH B OF SUBDIVISION 2 OF SECTION 7707 OF THE EDUCA-
TION LAW BY JULY 1, 2014; THE NUMBER OF INDIVIDUALS EMPLOYED  IN  EXEMPT
PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE AGENCY ON
JULY  1,  2013  WHO  ARE  PROVIDING  SERVICES  THAT  WOULD  OTHERWISE BE
RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154 OR 163
OF THE EDUCATION LAW, WHO APPLIED FOR BUT WHO DID NOT RECEIVE A  LICENSE
OR  LIMITED  PERMIT FROM THE STATE EDUCATION DEPARTMENT BY JULY 1, 2014,
INCLUDING THE REASON OR REASONS FOR NOT RECEIVING SUCH LICENSE OR LIMIT-
ED PERMIT; THE NAME, OCCUPATIONAL TITLE, AND EDUCATIONAL DEGREE, IF ANY,
OF INDIVIDUALS WHO ON JULY 1, 2014 ARE NOT LICENSED OR OTHERWISE AUTHOR-
IZED UNDER TITLE VIII OF THE EDUCATION LAW, AND WHO ARE ENGAGED IN:  THE
DIAGNOSIS  OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL
DISORDERS AND DISABILITIES; THE PROVISION  OF  PSYCHOTHERAPEUTIC  TREAT-
MENT;  AND/OR  THE  DEVELOPMENT  AND  IMPLEMENTATION OF ASSESSMENT-BASED
TREATMENT PLANS, AS DEFINED IN ARTICLE 154 OF THE EDUCATION  LAW  OR  AS
AUTHORIZED  IN  ARTICLE  153 OF THE EDUCATION LAW.  FOR PURPOSES OF THIS
SECTION, THIS REPORTING SHALL NOT INCLUDE INDIVIDUALS THAT ARE  PERFORM-
ING TASKS THAT DO NOT REQUIRE LICENSURE, INCLUDING THOSE INDIVIDUALS WHO
ARE   ENGAGED   IN  INFORMAL  ASSESSMENTS,  SUCH  AS  BASIC  INFORMATION
COLLECTION, GATHERING OF DEMOGRAPHIC DATA, OR INFORMAL OBSERVATIONS  AND
SCREENINGS  USED  TO  DETERMINE ELIGIBILITY FOR A PROGRAM OR SERVICE; OR
THOSE INDIVIDUALS WHO ARE ENGAGED IN THE CREATION OR  DEVELOPMENT  OF  A
SERVICE  PLAN THAT IS UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH
DIAGNOSIS AND TREATMENT PLAN. SUCH SERVICE PLANS MAY  INCLUDE,  BUT  ARE
NOT  LIMITED TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE OR MEAL
DELIVERY; AND, A PLAN BY WHICH THE STATE AGENCY  WILL  ENSURE  A  TIMELY
TRANSITION  OF RESTRICTED SERVICES FROM SUCH UNLICENSED PERSONS TO THOSE
LICENSED OR AUTHORIZED UNDER TITLE VIII NO LATER THAN JULY 1, 2015.
  C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS DATA  AND,  IF
NECESSARY,  IN  CONSULTATION WITH STATE AGENCIES, NOT-FOR-PROFIT PROVID-
ERS, PROFESSIONAL ASSOCIATIONS, CONSUMERS AND  OTHER  KEY  STAKEHOLDERS,
SHALL  PREPARE  A  REPORT  THAT RECOMMENDS CHANGES IN ANY LAWS, RULES OR
REGULATIONS NECESSARY TO ENSURE  APPROPRIATE  LICENSURE  OF  INDIVIDUALS
PROVIDING   SERVICES   THAT   ARE  WITHIN  THE  RESTRICTED  PRACTICE  OF
PROFESSIONS LICENSED UNDER ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW.
THE COMMISSIONER OF EDUCATION SHALL SUBMIT THE REPORT TO  THE  GOVERNOR,
THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE CHAIRS OF THE SENATE AND ASSEMBLY  HIGHER  EDUCATION  COMMITTEES  BY
JANUARY  1,  2015. OTHER STATE AGENCY COMMISSIONERS SHALL BE PROVIDED AN
OPPORTUNITY TO INCLUDE STATEMENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH
REPORT.
  S 2. Section 17-a of chapter 676 of the  laws  of  2002  amending  the
education  law  relating  to  the  practice of psychology, as amended by

S. 2607--C                         102

chapter 130 of the laws of 2010, subdivision b as amended by chapter 132
of the laws of 2010, is amended to read as follows:
  S  17-a.    a.  In  relation to activities and services provided under
article 153 of the education law, nothing in this act shall prohibit  or
limit  such  activities  or  services  on  the part of any person in the
employ of a program or service operated, regulated, funded, or  approved
by the department of mental hygiene or the office of children and family
services,  or a local governmental unit as that term is defined in arti-
cle 41 of the mental hygiene  law  or  a  social  services  district  as
defined in section 61 of the social services law.  In relation to activ-
ities  and  services  provided  under  article 163 of the education law,
nothing in this act shall prohibit or limit such activities or  services
on  the  part  of any person in the employ of a program or service oper-
ated, regulated,  funded,  or  approved  by  the  department  of  mental
hygiene,  the  office of children and family services, the department of
[correctional services] CORRECTIONS AND COMMUNITY SUPERVISION, the state
office for the aging and the department of health  or  a  local  govern-
mental  unit as that term is defined in article 41 of the mental hygiene
law or a social services district as defined in section 61 of the social
services law, pursuant to authority granted by law. This  section  shall
not authorize the use of any title authorized pursuant to article 153 or
163  of  the education law by any such employed person, except as other-
wise provided by such articles respectively.    THIS  SECTION  SHALL  BE
DEEMED REPEALED JULY 1, 2016.
  [b.  This  section  shall  be  deemed  repealed July 1, 2013 provided,
however, that on or before October 1, 2010, each state agency identified
in subdivision a of this section shall submit  to  the  commissioner  of
education data, in such form and detail as requested by the commissioner
of education, concerning the functions performed by its service provider
workforce  and  the service provider workforce of the local governmental
units and social services districts as defined in subdivision a of  this
section over which the agency has regulatory authority. After receipt of
such  data,  the  commissioner  shall  convene a workgroup of such state
agencies for the purpose of reviewing such data and also to make  recom-
mendations  regarding amendments to law, rule or regulation necessary to
clarify which tasks and activities must be performed only by licensed or
otherwise authorized personnel. No later than  January  1,  2011,  after
consultation  with such workgroup, the commissioner shall develop crite-
ria for the report required pursuant to paragraph one of  this  subdivi-
sion  and  shall  work  with such state agencies by providing advice and
guidance regarding which tasks and activities must be performed only  by
licensed or otherwise authorized personnel.
  1.  On or before July 1, 2011, each such state agency, after consulta-
tion with local governmental units  and  social  services  districts  as
defined in subdivision a of this section over which the agency has regu-
latory authority, shall submit to the commissioner of education a report
on  the  utilization  of  personnel  subject  to  the provisions of this
section. Such report shall include but not be limited to: identification
of tasks and activities performed by such personnel categorized as tasks
and functions restricted to licensed personnel and tasks  and  functions
that  do not require a license under article 153 or 163 of the education
law; analysis of costs  associated  with  employing  only  appropriately
licensed  or  otherwise  authorized personnel to perform tasks and func-
tions that require licensure under such article 153  or  163,  including
salary  costs  and costs associated with providing support to unlicensed
personnel in obtaining appropriate licensure.  Such  report  shall  also

S. 2607--C                         103

include an action plan detailing measures through which each such entity
shall,  no  later  than July 1, 2013, comply with professional licensure
laws applicable to services provided and make recommendations on  alter-
native pathways toward licensure.
  2.   The commissioner of education shall, after receipt of the reports
required under this section, and after consultation with state agencies,
not-for-profit  providers,  professional  associations,  consumers,  and
other  key stakeholders, submit a report to the governor, the speaker of
the assembly, the temporary president of the senate, and the  chairs  of
the  senate  and assembly higher education committees by July 1, 2012 to
recommend any amendments to law, rule or regulation necessary  to  fully
implement  the  requirements for licensure by July 1, 2013.  Other state
agency commissioners shall be provided an opportunity to include  state-
ments or alternative recommendations in such report.]
  B.  ON  OR  BEFORE  SEPTEMBER 1, 2014, EACH STATE AGENCY IDENTIFIED IN
SUBDIVISION A OF THIS SECTION  THAT  OPERATES,  REGULATES,  APPROVES  OR
FUNDS  PROGRAMS  THAT  EMPLOY INDIVIDUALS TO PROVIDE SERVICES THAT WOULD
OTHERWISE BE RESTRICTED TO  INDIVIDUALS  LICENSED  OR  AUTHORIZED  UNDER
ARTICLE  153,  154  OR  163  OF  THE  EDUCATION LAW, SHALL SUBMIT TO THE
COMMISSIONER OF EDUCATION, IN SUCH FORM AND DETAIL AS REQUESTED BY  SUCH
COMMISSIONER,  DATA  IN RELATION TO:  THE NUMBER OF INDIVIDUALS EMPLOYED
IN EXEMPT PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE
AGENCY ON JULY 1, 2013 WHO WERE LICENSED BY THE DEPARTMENT OF  EDUCATION
PURSUANT  TO  PARAGRAPH B OF SUBDIVISION 2 OF SECTION 7707 OF THE EDUCA-
TION LAW, BY JULY 1, 2014; THE NUMBER OF INDIVIDUALS EMPLOYED IN  EXEMPT
PROGRAMS OPERATED, FUNDED, REGULATED OR APPROVED BY EACH STATE AGENCY ON
JULY  1,  2013  WHO  ARE  PROVIDING  SERVICES  THAT  WOULD  OTHERWISE BE
RESTRICTED TO THOSE LICENSED OR AUTHORIZED UNDER ARTICLE 153, 154 OR 163
OF THE EDUCATION LAW, WHO APPLIED FOR BUT WHO DID NOT RECEIVE A  LICENSE
OR  LIMITED  PERMIT FROM THE STATE EDUCATION DEPARTMENT BY JULY 1, 2014,
INCLUDING THE REASON OR REASONS FOR NOT RECEIVING SUCH LICENSE OR LIMIT-
ED PERMIT; THE NAME, OCCUPATIONAL TITLE, AND EDUCATIONAL DEGREE, IF ANY,
OF INDIVIDUALS WHO ON JULY 1, 2014 ARE NOT LICENSED OR OTHERWISE AUTHOR-
IZED UNDER TITLE VIII OF THE EDUCATION LAW, AND WHO ARE ENGAGED IN:  THE
DIAGNOSIS  OF MENTAL, EMOTIONAL, BEHAVIORAL, ADDICTIVE AND DEVELOPMENTAL
DISORDERS AND DISABILITIES; THE PROVISION  OF  PSYCHOTHERAPEUTIC  TREAT-
MENT;  AND/OR  THE  DEVELOPMENT  AND  IMPLEMENTATION OF ASSESSMENT-BASED
TREATMENT PLANS, AS DEFINED IN ARTICLE 154 OF THE EDUCATION  LAW  OR  AS
AUTHORIZED  IN  ARTICLE  153 OF THE EDUCATION LAW.  FOR PURPOSES OF THIS
SECTION, THIS REPORTING SHALL NOT INCLUDE INDIVIDUALS THAT ARE  PERFORM-
ING TASKS THAT DO NOT REQUIRE LICENSURE, INCLUDING THOSE INDIVIDUALS WHO
ARE   ENGAGED   IN  INFORMAL  ASSESSMENTS,  SUCH  AS  BASIC  INFORMATION
COLLECTION, GATHERING OF DEMOGRAPHIC DATA, OR INFORMAL OBSERVATIONS  AND
SCREENINGS  USED  TO  DETERMINE ELIGIBILITY FOR A PROGRAM OR SERVICE; OR
THOSE INDIVIDUALS WHO ARE ENGAGED IN THE CREATION OR  DEVELOPMENT  OF  A
SERVICE  PLAN THAT IS UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH
DIAGNOSIS AND TREATMENT PLAN. SUCH SERVICE PLANS MAY  INCLUDE,  BUT  ARE
NOT  LIMITED TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE OR MEAL
DELIVERY; AND, A PLAN BY WHICH THE STATE AGENCY  WILL  ENSURE  A  TIMELY
TRANSITION  OF RESTRICTED SERVICES FROM SUCH UNLICENSED PERSONS TO THOSE
LICENSED OR AUTHORIZED UNDER TITLE VIII NO LATER THAN JULY 1, 2015.
  C. THE COMMISSIONER OF EDUCATION, AFTER RECEIPT OF THIS DATA  AND,  IF
NECESSARY,  CONSULTATION  WITH STATE AGENCIES, NOT-FOR-PROFIT PROVIDERS,
PROFESSIONAL ASSOCIATIONS, CONSUMERS AND OTHER KEY  STAKEHOLDERS,  SHALL
PREPARE  A  REPORT  THAT  RECOMMENDS CHANGES IN ANY LAWS, RULES OR REGU-
LATIONS NECESSARY TO ENSURE APPROPRIATE LICENSURE OF INDIVIDUALS PROVID-

S. 2607--C                         104

ING SERVICES THAT ARE WITHIN  THE  RESTRICTED  PRACTICE  OF  PROFESSIONS
LICENSED UNDER ARTICLE 153, 154 OR 163 OF THE EDUCATION LAW. THE COMMIS-
SIONER OF EDUCATION SHALL SUBMIT THE REPORT TO THE GOVERNOR, THE SPEAKER
OF  THE  ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIRS
OF THE SENATE AND ASSEMBLY HIGHER EDUCATION  COMMITTEES  BY  JANUARY  1,
2015.  OTHER STATE AGENCY COMMISSIONERS SHALL BE PROVIDED AN OPPORTUNITY
TO INCLUDE STATEMENTS OR ALTERNATIVE RECOMMENDATIONS IN SUCH REPORT.
  S 3. Section 16 of chapter 130 of the laws of 2010 amending the educa-
tion law and other laws relating to the registration of entities provid-
ing  certain  professional  services  and  the  licensure   of   certain
professions,  as  amended by chapter 132 of the laws of 2010, is amended
to read as follows:
  S 16. This act shall take effect immediately; provided  that  sections
thirteen, fourteen and fifteen of this act shall take effect immediately
and  shall  be deemed to have been in full force and effect on and after
June 1, 2010 and such sections shall be deemed repealed July  1,  [2013]
2016;  provided  further that the amendments to section 9 of chapter 420
of the laws of 2002 amending the education law relating to  the  profes-
sion of social work made by section thirteen of this act shall repeal on
the  same date as such section repeals; provided further that the amend-
ments to section 17-a of chapter 676 of the laws of  2002  amending  the
education  law  relating  to  the practice of psychology made by section
fourteen of this act shall repeal on  the  same  date  as  such  section
repeals.
  S 4. Subdivision 2 of section 7707 of the education law, as amended by
chapter 230 of the laws of 2004, is amended to read as follows:
  2.  (A)  Any  person who possesses a master's of social work degree on
the effective date of this section, who has five years of  post-graduate
social work employment and meets the requirements for a license pursuant
to  this article, except for examination, and who files with the depart-
ment within one year of the effective date  of  this  section  shall  be
licensed as a licensed master social worker.
  (B) ANY PERSON WHO POSSESSES A MASTER'S OF SOCIAL WORK DEGREE ACCEPTA-
BLE  TO  THE  DEPARTMENT ON APRIL FIRST, TWO THOUSAND THIRTEEN AND MEETS
ALL REQUIREMENTS FOR LICENSURE  AS  SET  FORTH  IN  SUBDIVISION  ONE  OF
SECTION  SEVENTY-SEVEN HUNDRED FOUR OF THIS ARTICLE, EXCEPT FOR EXAMINA-
TION, WHO SUBMITS VERIFICATION OF AT LEAST TWO  YEARS  OF  POST-MASTER'S
SUPERVISED EXPERIENCE IN LICENSED MASTER SOCIAL WORK BY APRIL FIRST, TWO
THOUSAND  FOURTEEN, ACCEPTABLE TO THE DEPARTMENT, SHALL BE LICENSED AS A
LICENSED MASTER SOCIAL WORKER WITHOUT EXAMINATION.
  S 5. Section 7707 of the education law is  amended  by  adding  a  new
subdivision 6 to read as follows:
  6.  A  LICENSE  SHALL NOT BE REQUIRED FOR INFORMAL ASSESSMENTS SUCH AS
BASIC  INFORMATION  COLLECTION,  GATHERING  OF  DEMOGRAPHIC  DATA,   AND
INFORMAL  OBSERVATIONS  AND SCREENING USED FOR GENERAL ELIGIBILITY FOR A
PROGRAM OR SERVICE. LICENSURE IS NOT REQUIRED TO  CREATE  OR  DEVELOP  A
SERVICE  PLAN UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH DIAGNO-
SIS AND TREATMENT PLAN. SUCH SERVICE PLANS INCLUDE, BUT ARE NOT  LIMITED
TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE, OR MEAL DELIVERY.
  S 6. The education law is amended by adding a new section 7710 to read
as follows:
  S  7710.  MANDATORY  CONTINUING EDUCATION. 1. (A) EACH LICENSED MASTER
SOCIAL WORKER OR LICENSED CLINICAL SOCIAL  WORKER  REQUIRED  UNDER  THIS
ARTICLE  TO REGISTER TRIENNIALLY WITH THE DEPARTMENT TO PRACTICE IN THIS
STATE, SHALL COMPLY WITH THE PROVISIONS OF MANDATORY  CONTINUING  EDUCA-
TION  REQUIREMENTS PRESCRIBED IN SUBDIVISION TWO OF THIS SECTION, EXCEPT

S. 2607--C                         105

AS SET FORTH IN PARAGRAPHS (B) AND (C)  OF  THIS  SUBDIVISION.  LICENSED
MASTER  SOCIAL  WORKERS  OR  LICENSED CLINICAL SOCIAL WORKERS WHO DO NOT
SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS SHALL NOT  PRAC-
TICE  UNTIL  THEY HAVE MET SUCH REQUIREMENTS AND THEY HAVE BEEN ISSUED A
REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MASTER SOCIAL WORKER OR
LICENSED CLINICAL SOCIAL WORKER MAY PRACTICE  WITHOUT  HAVING  MET  SUCH
REQUIREMENTS  IF  HE OR SHE IS ISSUED A CONDITIONAL REGISTRATION CERTIF-
ICATE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B) EACH LICENSED MASTER SOCIAL WORKER  OR  LICENSED  CLINICAL  SOCIAL
WORKER  SHALL BE EXEMPT FROM THE MANDATORY CONTINUING EDUCATION REQUIRE-
MENTS FOR THE TRIENNIAL REGISTRATION PERIOD DURING WHICH THEY ARE  FIRST
LICENSED.  IN  ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENT TO
THE MANDATORY CONTINUING EDUCATION REQUIREMENT MAY  BE  GRANTED  BY  THE
DEPARTMENT  FOR  REASONS  OF HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE
HEALTH CARE PROFESSIONAL, FOR EXTENDED ACTIVE DUTY WITH THE ARMED FORCED
OF THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPART-
MENT WHICH MAY PREVENT COMPLIANCE.
  (C)  A  LICENSED  MASTER  SOCIAL  WORKER OR A LICENSED CLINICAL SOCIAL
WORKER NOT ENGAGED IN PRACTICE, AS DETERMINED BY THE  DEPARTMENT,  SHALL
BE  EXEMPT  FROM THE MANDATORY CONTINUING EDUCATION REQUIREMENT UPON THE
FILING OF A STATEMENT WITH THE DEPARTMENT DECLARING SUCH  STATUS.    ANY
LICENSEE WHO RETURNS TO THE PRACTICE OF SOCIAL WORK DURING THE TRIENNIAL
REGISTRATION  PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO REENTERING THE
PROFESSION AND SHALL MEET SUCH MANDATORY EDUCATION REQUIREMENTS AS SHALL
BE PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  (D) A LICENSED CLINICAL SOCIAL WORKER WHO IS ALSO LICENSED AND  REGIS-
TERED  TO PRACTICE AS A LICENSED MASTER SOCIAL WORKER IN THE SAME TRIEN-
NIAL REGISTRATION PERIOD, SHALL NOT BE REQUIRED TO  COMPLETE  MORE  THAN
THIRTY-SIX  HOURS  OF CONTINUING EDUCATION IN THE TRIENNIAL REGISTRATION
PERIOD, OR ONE HOUR PER MONTH FOR A REGISTRATION PERIOD OTHER THAN THIR-
TY-SIX MONTHS.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION  AS  A LICENSED MASTER SOCIAL WORKER OR LICENSED CLINICAL SOCIAL
WORKER SHALL COMPLETE A MINIMUM OF THIRTY-SIX HOURS OF ACCEPTABLE FORMAL
CONTINUING EDUCATION. ANY LICENSED  MASTER  SOCIAL  WORKER  OR  LICENSED
CLINICAL  SOCIAL  WORKER  WHOSE  FIRST  REGISTRATION  DATE FOLLOWING THE
EFFECTIVE DATE OF THIS SECTION OCCURS LESS THAN THREE  YEARS  FROM  SUCH
EFFECTIVE  DATE,  BUT ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN,
SHALL COMPLETE CONTINUING EDUCATION HOURS ON A  PRORATED  BASIS  AT  THE
RATE  OF  ONE HOUR PER MONTH FOR THE PERIOD BEGINNING JANUARY FIRST, TWO
THOUSAND SEVENTEEN UP TO  THE  FIRST  REGISTRATION  DATE  THEREAFTER.  A
LICENSEE  WHO  HAS  NOT  SATISFIED  THE  MANDATORY  CONTINUING EDUCATION
REQUIREMENT SHALL NOT BE ISSUED A TRIENNIAL REGISTRATION CERTIFICATE  BY
THE  DEPARTMENT  AND  SHALL  NOT PRACTICE UNLESS AND UNTIL A CONDITIONAL
REGISTRATION CERTIFICATE IS ISSUED AS PROVIDED FOR IN SUBDIVISION  THREE
OF  THIS  SECTION. CONTINUING EDUCATION HOURS TAKEN DURING ONE TRIENNIUM
MAY NOT BE TRANSFERRED TO THE SUBSEQUENT TRIENNIUM.
  3. (A) THE DEPARTMENT, IN ITS  DISCRETION,  MAY  ISSUE  A  CONDITIONAL
REGISTRATION  TO  A  LICENSEE WHO FAILS TO MEET THE CONTINUING EDUCATION
REQUIREMENTS ESTABLISHED IN SUBDIVISION TWO  OF  THIS  SECTION  BUT  WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH  THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL  REGISTRATION  SHALL
BE  DETERMINED  BY  THE  DEPARTMENT  BUT  SHALL NOT EXCEED ONE YEAR. ANY
LICENSEE WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION  FOR  FAILURE  TO

S. 2607--C                         106

SUBMIT  EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING
EDUCATION AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT  TO
DISCIPLINARY  PROCEEDINGS  PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF
THIS TITLE.
  (B)  FOR  PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRAC-
TICE  IN  SOCIAL  WORK  AND WHICH MEET THE STANDARDS PRESCRIBED BY REGU-
LATIONS OF THE COMMISSIONER.   SUCH FORMAL  COURSES  OF  LEARNING  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, COLLEGIATE LEVEL CREDIT AND NON-CREDIT
COURSES,  PROFESSIONAL  DEVELOPMENT  PROGRAMS  AND  TECHNICAL   SESSIONS
OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL ASSOCIATIONS AND OTHER
ORGANIZATIONS  ACCEPTABLE  TO  THE  DEPARTMENT,  AND ANY OTHER ORGANIZED
EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO THE DEPARTMENT. CONTIN-
UING EDUCATION COURSES MUST BE  TAKEN  FROM  A  PROVIDER  WHO  HAS  BEEN
APPROVED  BY THE DEPARTMENT, BASED UPON AN APPLICATION AND FEE, PURSUANT
TO THE REGULATIONS OF THE  COMMISSIONER.  THE  DEPARTMENT  MAY,  IN  ITS
DISCRETION  AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE OF THE
PUBLIC, REQUIRE  THE  COMPLETION  OF  CONTINUING  EDUCATION  COURSES  IN
SPECIFIC   SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING  EDUCATION
REQUIREMENT. COURSES MUST BE  TAKEN  FROM  A  SPONSOR  APPROVED  BY  THE
DEPARTMENT,  PURSUANT  TO  THE REGULATIONS OF THE COMMISSIONER. LICENSED
MASTER SOCIAL WORKERS OR LICENSED CLINICAL SOCIAL WORKERS SHALL MAINTAIN
ADEQUATE DOCUMENTATION OF COMPLETION  OF  ACCEPTABLE  FORMAL  CONTINUING
EDUCATION  AND  SHALL  PROVIDE  SUCH DOCUMENTATION AT THE REQUEST OF THE
DEPARTMENT. FAILURE TO PROVIDE SUCH DOCUMENTATION UPON  THE  REQUEST  OF
THE  DEPARTMENT  SHALL  BE  AN ACT OF MISCONDUCT SUBJECT TO DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (C) THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY  THE
DEPARTMENT.    SUCH  FEE  SHALL BE PAYABLE ON OR BEFORE THE FIRST DAY OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL REGISTRATION FEE REQUIRED BY PARAGRAPH (G) OF SUBDIVISION  ONE
AND  PARAGRAPH  (G)  OF SUBDIVISION TWO OF SECTION SEVENTY-SEVEN HUNDRED
FOUR OF THIS ARTICLE.
  S 7. Section 8411 of the education law is  amended  by  adding  a  new
subdivision 4 to read as follows:
  4.  A  LICENSE  SHALL NOT BE REQUIRED FOR INFORMAL ASSESSMENTS SUCH AS
BASIC  INFORMATION  COLLECTION,  GATHERING  OF  DEMOGRAPHIC  DATA,   AND
INFORMAL  OBSERVATIONS  AND SCREENING USED FOR GENERAL ELIGIBILITY FOR A
PROGRAM OR SERVICE. LICENSURE IS NOT REQUIRED TO  CREATE  OR  DEVELOP  A
SERVICE  PLAN UNRELATED TO, OR ANCILLARY TO, A BEHAVIORAL HEALTH DIAGNO-
SIS AND TREATMENT PLAN. SUCH SERVICE PLANS INCLUDE, BUT ARE NOT  LIMITED
TO JOB TRAINING, HOUSING, GENERAL PUBLIC ASSISTANCE, OR MEAL DELIVERY.
  S 8. The education law is amended by adding a new section 8412 to read
as follows:
  S  8412.  MANDATORY  CONTINUING EDUCATION. 1. (A) EACH LICENSED MENTAL
HEALTH COUNSELOR, MARRIAGE  AND  FAMILY  THERAPIST,  PSYCHOANALYST,  AND
CREATIVE ARTS THERAPIST REQUIRED UNDER THIS ARTICLE TO REGISTER TRIENNI-
ALLY  WITH  THE  DEPARTMENT TO PRACTICE IN THIS STATE, SHALL COMPLY WITH
THE PROVISIONS OF MANDATORY CONTINUING EDUCATION REQUIREMENTS PRESCRIBED
IN SUBDIVISION TWO OF THIS SECTION, EXCEPT AS SET  FORTH  IN  PARAGRAPHS
(B)  AND  (C)  OF  THIS  SUBDIVISION. LICENSED MENTAL HEALTH COUNSELORS,
MARRIAGE AND FAMILY THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERA-
PISTS WHO DO NOT SATISFY THE MANDATORY CONTINUING EDUCATION REQUIREMENTS
SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, AND THEY  HAVE
BEEN  ISSUED  A  REGISTRATION CERTIFICATE, EXCEPT THAT A LICENSED MENTAL
HEALTH COUNSELOR, MARRIAGE  AND  FAMILY  THERAPIST,  PSYCHOANALYST,  AND

S. 2607--C                         107

CREATIVE  ARTS  THERAPIST  MAY PRACTICE WITHOUT HAVING MET SUCH REQUIRE-
MENTS IF HE OR SHE IS  ISSUED  A  CONDITIONAL  REGISTRATION  CERTIFICATE
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
  (B)  EACH LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERA-
PIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL  BE  EXEMPT  FROM
THE MANDATORY CONTINUING EDUCATION REQUIREMENTS FOR THE TRIENNIAL REGIS-
TRATION  PERIOD DURING WHICH THEY ARE FIRST LICENSED. IN ACCORDANCE WITH
THE INTENT OF THIS  SECTION,  ADJUSTMENT  TO  THE  MANDATORY  CONTINUING
EDUCATION  REQUIREMENT  MAY  BE GRANTED BY THE DEPARTMENT FOR REASONS OF
HEALTH THAT ARE CERTIFIED BY AN APPROPRIATE  HEALTH  CARE  PROFESSIONAL,
FOR  EXTENDED ACTIVE DUTY WITH THE ARMED FORCES OF THE UNITED STATES, OR
FOR OTHER GOOD CAUSE ACCEPTABLE TO  THE  DEPARTMENT  WHICH  MAY  PREVENT
COMPLIANCE.
  (C) A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THERAPIST,
PSYCHOANALYST,  AND  CREATIVE ARTS THERAPIST NOT ENGAGED IN PRACTICE, AS
DETERMINED BY THE DEPARTMENT, SHALL BE EXEMPT FROM THE MANDATORY CONTIN-
UING EDUCATION REQUIREMENT UPON THE  FILING  OF  A  STATEMENT  WITH  THE
DEPARTMENT  DECLARING SUCH STATUS. ANY LICENSEE WHO RETURNS TO THE PRAC-
TICE OF MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY  THERAPY,  PSYCHO-
ANALYSIS,  AND  CREATIVE  ARTS THERAPY DURING THE TRIENNIAL REGISTRATION
PERIOD SHALL NOTIFY THE DEPARTMENT PRIOR TO  REENTERING  THE  PROFESSION
AND  SHALL  MEET  SUCH  MANDATORY  EDUCATION  REQUIREMENTS  AS  SHALL BE
PRESCRIBED BY REGULATIONS OF THE COMMISSIONER.
  2. DURING EACH TRIENNIAL REGISTRATION PERIOD AN APPLICANT  FOR  REGIS-
TRATION AS A LICENSED MENTAL HEALTH COUNSELOR, MARRIAGE AND FAMILY THER-
APIST, PSYCHOANALYST, AND CREATIVE ARTS THERAPIST SHALL COMPLETE A MINI-
MUM  OF  THIRTY-SIX  HOURS  OF ACCEPTABLE FORMAL CONTINUING EDUCATION, A
MAXIMUM OF TWELVE HOURS OF WHICH MAY BE SELF-INSTRUCTIONAL  COURSE  WORK
ACCEPTABLE  TO  THE  DEPARTMENT.  ANY  LICENSED MENTAL HEALTH COUNSELOR,
MARRIAGE AND FAMILY THERAPIST, PSYCHOANALYST, AND CREATIVE  ARTS  THERA-
PIST  WHOSE FIRST REGISTRATION DATE FOLLOWING THE EFFECTIVE DATE OF THIS
SECTION OCCURS LESS THAN THREE YEARS FROM SUCH EFFECTIVE DATE, BUT ON OR
AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, SHALL  COMPLETE  CONTINUING
EDUCATION  HOURS  ON  A PRORATED BASIS AT THE RATE OF ONE HOUR PER MONTH
FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND SEVENTEEN UP TO THE
FIRST REGISTRATION DATE THEREAFTER. A LICENSEE WHO HAS NOT SATISFIED THE
MANDATORY CONTINUING EDUCATION REQUIREMENT SHALL NOT BE ISSUED A  TRIEN-
NIAL  REGISTRATION  CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE
UNLESS AND UNTIL A CONDITIONAL REGISTRATION  CERTIFICATE  IS  ISSUED  AS
PROVIDED  FOR IN SUBDIVISION THREE OF THIS SECTION. CONTINUING EDUCATION
HOURS TAKEN DURING ONE TRIENNIUM MAY NOT BE TRANSFERRED  TO  THE  SUBSE-
QUENT TRIENNIUM.
  3.  (A)  THE  DEPARTMENT,  IN  ITS DISCRETION, MAY ISSUE A CONDITIONAL
REGISTRATION TO A LICENSEE WHO FAILS TO MEET  THE  CONTINUING  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND COMPLETE ANY ADDITIONAL EDUCATION
WHICH THE DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDITIONAL  REGIS-
TRATION SHALL BE THE SAME AS, AND IN ADDITION TO, THE FEE FOR THE TRIEN-
NIAL  REGISTRATION.  THE DURATION OF SUCH CONDITIONAL REGISTRATION SHALL
BE DETERMINED BY THE DEPARTMENT BUT  SHALL  NOT  EXCEED  ONE  YEAR.  ANY
LICENSEE  WHO  IS  NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAILURE TO
SUBMIT EVIDENCE, SATISFACTORY TO THE DEPARTMENT, OF REQUIRED  CONTINUING
EDUCATION  AND WHO PRACTICES WITHOUT SUCH REGISTRATION MAY BE SUBJECT TO
DISCIPLINARY PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.

S. 2607--C                         108

  (B)  FOR  PURPOSES OF THIS SECTION "ACCEPTABLE FORMAL EDUCATION" SHALL
MEAN FORMAL COURSES OF LEARNING WHICH CONTRIBUTE TO  PROFESSIONAL  PRAC-
TICE  IN  MENTAL HEALTH COUNSELING, MARRIAGE AND FAMILY THERAPY, PSYCHO-
ANALYSIS, OR CREATIVE  ARTS  THERAPIES  AND  WHICH  MEET  THE  STANDARDS
PRESCRIBED  BY  REGULATIONS  OF THE COMMISSIONER. SUCH FORMAL COURSES OF
LEARNING SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLEGIATE  LEVEL  CREDIT
AND  NON-CREDIT COURSES, PROFESSIONAL DEVELOPMENT PROGRAMS AND TECHNICAL
SESSIONS OFFERED BY NATIONAL, STATE AND LOCAL PROFESSIONAL  ASSOCIATIONS
AND  OTHER  ORGANIZATIONS  ACCEPTABLE  TO  THE DEPARTMENT, AND ANY OTHER
ORGANIZED EDUCATIONAL AND TECHNICAL PROGRAMS ACCEPTABLE TO  THE  DEPART-
MENT.    CONTINUING  EDUCATION COURSES MUST BE TAKEN FROM A PROVIDER WHO
HAS BEEN APPROVED BY THE DEPARTMENT, BASED UPON AN APPLICATION AND  FEE,
PURSUANT  TO THE REGULATIONS OF THE COMMISSIONER. THE DEPARTMENT MAY, IN
ITS DISCRETION AND AS NEEDED TO CONTRIBUTE TO THE HEALTH AND WELFARE  OF
THE  PUBLIC,  REQUIRE  THE COMPLETION OF CONTINUING EDUCATION COURSES IN
SPECIFIC  SUBJECTS  TO  FULFILL  THIS  MANDATORY  CONTINUING   EDUCATION
REQUIREMENT.    LICENSED  MENTAL  HEALTH COUNSELORS, MARRIAGE AND FAMILY
THERAPISTS, PSYCHOANALYSTS, AND CREATIVE ARTS THERAPISTS SHALL  MAINTAIN
ADEQUATE  DOCUMENTATION  OF  COMPLETION  OF ACCEPTABLE FORMAL CONTINUING
EDUCATION AND SHALL PROVIDE SUCH DOCUMENTATION AT  THE  REQUEST  OF  THE
DEPARTMENT.  FAILURE  TO  PROVIDE SUCH DOCUMENTATION UPON THE REQUEST OF
THE DEPARTMENT SHALL BE AN ACT OF  MISCONDUCT  SUBJECT  TO  DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN OF THIS TITLE.
  (C)  THE MANDATORY CONTINUING EDUCATION FEE SHALL BE DETERMINED BY THE
DEPARTMENT.  SUCH FEE SHALL BE PAYABLE ON OR BEFORE  THE  FIRST  DAY  OF
EACH TRIENNIAL REGISTRATION PERIOD, AND SHALL BE PAID IN ADDITION TO THE
TRIENNIAL  REGISTRATION  FEES  REQUIRED  BY PARAGRAPH (G) OF SUBDIVISION
THREE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THIS ARTICLE  AND  PARAGRAPH
(G)  OF  SUBDIVISION  THREE  OF SECTION EIGHTY-FOUR HUNDRED FIVE OF THIS
ARTICLE.
  S 9. Subdivision 2 of section 8409 of the education law, as amended by
chapter 210 of the laws of 2004, is amended to read as follows:
  2. Limited permits shall be for [one year, except that limited permits
for mental health counseling shall  be  for]  two  years;  such  limited
permits  may  be renewed, at the discretion of the department, for [one]
UP TO TWO additional ONE year PERIODS.
  S 10. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after April 1, 2013; provided,
however, that the provisions of this act shall apply only to actions and
proceedings  commenced  on  or  after  such  effective  date;  provided,
further, that sections six and eight of this act shall take effect Janu-
ary 1, 2017; provided further that the amendments to section 9 of  chap-
ter  420 of the laws of 2002 and section 17-a of chapter 676 of the laws
of 2002 made by sections one and two of this  act,  respectively,  shall
not  affect  the  repeal of such sections and shall expire and be deemed
repealed therewith.

                                 PART X

  Section 1. Subdivision 1 of section 5 of the  civil  service  law,  as
added by chapter 790 of the laws of 1958, is amended to read as follows:
  1.  The department. There shall continue to be in the state government
a department of civil service.    THE  DEPARTMENT  SHALL  NOT  MERGE  OR
CONSOLIDATE    WITH  ANY  OTHER  DEPARTMENT,  DIVISION, AGENCY OR OFFICE
UNLESS EXPRESSLY PERMITTED BY LAW. The head of the department  shall  be

S. 2607--C                         109

the president of the state civil service commission who shall be respon-
sible for the discharge of the duties and functions of the department.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section 1. Legislative findings and declaration of purpose. The legis-
lature  hereby  finds  that the costs of completing higher education for
residents of the state of New York are increasing at a rate significant-
ly faster than the rate of inflation. Paying out of  pocket  has  become
increasingly  difficult  for  families  and  students seeking to improve
their educational and economic prospects. An affordable  college  educa-
tion  has  become  increasingly  inaccessible to large numbers of middle
class families in the state, for  whom  financial  resources,  including
state  grants  and scholarships, are either limited or unavailable. Many
families and students have no choice but to turn to the private  lending
market in order to finance their higher education.
  Compounding  the  problem  is the fact that typical interest rates for
student loans offered through the private lending market are  relatively
high when compared to interest rates for other purposes, such as a mort-
gage  or  automobile.  Additionally,  the average student loan debt upon
graduation is more than $26,000 per student in the state.  Reducing  the
debt  burden  that  students endure upon graduating college has become a
critical public policy goal.
  As increasing the share of the state's population that undertakes  and
completes  higher  education is also a desirable public policy goal, and
an individual's decision to complete a program of  postsecondary  educa-
tion  typically reaps economic and social rewards to the individual, the
legislature hereby declares that it is in the best interest of the state
to create a student loan linked deposit program whereby the  state  will
subsidize private lenders to provide reduced-rate loans to students.
  S 2. Paragraph c of subdivision 1 of section 680 of the education law,
as  added by chapter 622 of the laws of 2008, is amended and a new para-
graph d is added to read as follows:
  c. To enter into cooperative agreements, subject to  the  approval  of
the  board  of trustees and the director of the budget, with other enti-
ties, including, but not limited to, other states, the  federal  govern-
ment,  and  post-secondary  institutions,  to establish, administer, and
operate federal student aid programs. Notwithstanding the provisions  of
paragraphs  a  and b of this subdivision, the corporation is authorized,
pursuant to such cooperative agreements, to provide federal student  aid
services  to  students  and  families  who are not residents of New York
state[.]; AND
  D. TO ADMINISTER AND OPERATE A STUDENT  LOAN  LINKED  DEPOSIT  PROGRAM
PURSUANT TO ARTICLE FIFTEEN-A OF THE STATE FINANCE LAW.
  S  3. Subdivision 2 of section 98-a of the state finance law, as added
by chapter 705 of the laws of 1993, is amended to read as follows:
  2. Notwithstanding any provision of law to the contrary, investment of
bond proceeds and other funds not immediately required may  be  invested
by  the  comptroller  in  linked deposits pursuant to article fifteen OR
ARTICLE FIFTEEN-A of this chapter. If any moneys  are  invested  by  the
comptroller  in  linked  deposits pursuant to article fifteen OR ARTICLE
FIFTEEN-A of this chapter, the comptroller  shall  compute  the  monthly
earnings  for  all  funds,  other  than  the general fund, as if no such
moneys had been invested in such linked deposits.

S. 2607--C                         110

  S 4. The state finance law is amended by adding a new article 15-A  to
read as follows:
                              ARTICLE 15-A
                     STUDENT LOAN LINKED DEPOSIT ACT
SECTION 225.   SHORT TITLE.
        226.   DEFINITIONS.
        227.   ESTABLISHMENT  AND  PURPOSE;  STUDENT LOAN LINKED DEPOSIT
                 PROGRAM AUTHORIZATION.
        228.   RESPONSIBILITIES OF THE PRESIDENT, COMPTROLLER AND SUPER-
                 INTENDENT.
        229.   RELEASE FROM LINKED DEPOSITS.
        230.   LINKED STUDENT LOANS.
        231.   INTEREST RATE FOR LINKED LOANS; NO LENDER'S FEES.
        232.   APPLICATION PROCEDURE.
        233.   REPAYMENT PERIODS FOR LINKED STUDENT LOANS.
        234.   LIABILITY; EARLY REPAYMENT AND WITHDRAWAL.
        234-A. MONITORING AND REPORT.
        234-B. PROMOTION OF PROGRAM.
        234-C. RULES AND REGULATIONS.
  S 225. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY  BE  CITED  AS
THE "STUDENT LOAN LINKED DEPOSIT ACT".
  S  226.  DEFINITIONS.  WHEN  USED  IN THIS ARTICLE, UNLESS A DIFFERENT
MEANING CLEARLY APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  1. "AUTHORIZED DEPOSITOR" MEANS THE COMPTROLLER WITH RESPECT TO LINKED
DEPOSITS MADE BY THE COMPTROLLER.
  2. "COMPTROLLER" MEANS THE COMPTROLLER OF THE STATE OF NEW YORK.
  3. "DEPARTMENT" MEANS THE DEPARTMENT OF FINANCIAL SERVICES.
  4. "ELIGIBLE RECIPIENT" MEANS  AN  INDIVIDUAL  THAT  HAS  SUCCESSFULLY
APPLIED FOR A LINKED STUDENT LOAN AND MET ALL REQUIREMENTS PRESCRIBED BY
THE PRESIDENT AND A LENDING INSTITUTION FOR RECEIPT OF A LOAN.
  5. "LENDER" MEANS:
  (A) ANY COMMERCIAL BANK WHICH IS OR SHALL BECOME AN APPROVED DEPOSITO-
RY  OF  STATE  FUNDS UNDER THE PROVISIONS OF SECTION ONE HUNDRED FIVE OF
THIS CHAPTER AND WHICH AGREES TO PARTICIPATE IN THE PROGRAM; OR
  (B) ANY THRIFT WHICH AN AUTHORIZED DEPOSITOR DETERMINES IS ELIGIBLE TO
ACCEPT LINKED DEPOSITS BASED UPON CRITERIA  APPLIED  BY  THE  AUTHORIZED
DEPOSITOR  IN  MAKING  DETERMINATIONS  UNDER SECTION ONE HUNDRED FIVE OF
THIS CHAPTER, AND WHICH AGREES TO PARTICIPATE IN THE  PROGRAM,  PROVIDED
THAT  ANY  LINKED  DEPOSIT  IN  SUCH THRIFT SHALL BE SECURED IN THE SAME
MANNER AS MONEYS DEPOSITED PURSUANT TO SECTION ONE HUNDRED FIVE OF  THIS
CHAPTER  AND  SUCH THRIFTS SHALL PLEDGE ASSETS OR FURNISH OTHER SECURITY
SATISFACTORY IN FORM AND AMOUNT TO  THE  AUTHORIZED  DEPOSITOR  FOR  THE
REPAYMENT OF MONEYS.
  6.  "LINKED DEPOSIT" MEANS A DEPOSIT PLACED WITH A LENDER BY THE COMP-
TROLLER FOR A PERIOD OF FOUR YEARS AT THE LINKED DEPOSIT INTEREST  RATE,
PROVIDED THE LENDER AGREES TO:
  (A) LEND THE EQUIVALENT VALUE OF SUCH DEPOSIT TO AN ELIGIBLE RECIPIENT
AT  THE INTEREST RATE PROVIDED IN SECTION TWO HUNDRED THIRTY-ONE OF THIS
ARTICLE; AND
  (B) PERMIT THE DEPOSIT TO BE COMPRISED  OF  A  SERIES  OF  NINETY  DAY
DEPOSITS  EACH  BEARING  AN  INTEREST  RATE  EQUAL TO THE LINKED DEPOSIT
INTEREST RATE FIXED AT THE TIME THE ORIGINAL DEPOSIT IS PLACED.
  THIS ARTICLE AND THE RELATED STATUTES THAT REFER TO  THIS  ARTICLE  DO
NOT  GRANT  THRIFTS  ELIGIBILITY TO ACCEPT PUBLIC FUNDS OR PUBLIC MONEYS
FROM PUBLIC ENTITIES  FOR  INVESTMENT  PURPOSES.  A  LINKED  DEPOSIT  IS

S. 2607--C                         111

INTENDED TO ENABLE A LENDER TO MAKE A LINKED LOAN TO AN ELIGIBLE RECIPI-
ENT  AND  SUCH DEPOSIT EARNS A YIELD LOWER THAN POSTED RATES IN ORDER TO
ACCOMPLISH THE GOALS OF THIS ARTICLE.
  7.  "LINKED  DEPOSIT INTEREST RATE" MEANS FOR A LINKED DEPOSIT MADE IN
CONNECTION WITH A LINKED LOAN TO AN ELIGIBLE RECIPIENT A FIXED  RATE  OF
INTEREST  WHICH  IS THREE HUNDRED BASIS POINTS BELOW THE LENDER'S POSTED
FOUR YEAR CERTIFICATE OF DEPOSIT RATE OR, IF THE LENDER DOES NOT OFFER A
FOUR YEAR CERTIFICATE OF DEPOSIT, IS THREE HUNDRED  BASIS  POINTS  BELOW
THE  AVERAGE  STATEWIDE  RATE  FOR  FOUR YEAR CERTIFICATES OF DEPOSIT AS
DETERMINED BY THE SUPERINTENDENT OF FINANCIAL SERVICES.   IN  THE  EVENT
THAT  THE  LENDER'S POSTED FOUR YEAR CERTIFICATE OF DEPOSIT RATE, OR THE
AVERAGE STATEWIDE RATE FOR FOUR YEAR CERTIFICATES OF DEPOSIT  ARE  BELOW
THREE  HUNDRED  BASIS POINTS, THE LINKED DEPOSIT INTEREST RATE SHALL NOT
BE LESS THAN ZERO.
  8. "LINKED LOAN" MEANS A LOAN MADE TO AN  ELIGIBLE  RECIPIENT,  IN  AN
AMOUNT EQUAL TO A LINKED DEPOSIT AND BEARING INTEREST FOR THE FIRST FOUR
YEARS AT THE INTEREST RATE PROVIDED IN SECTION TWO HUNDRED THIRTY-ONE OF
THIS ARTICLE.
  9.  "PRESIDENT"  MEANS  THE PRESIDENT OF THE HIGHER EDUCATION SERVICES
CORPORATION.
  10. "PROGRAM" MEANS THE STUDENT LOAN LINKED DEPOSIT PROGRAM.
  11. "QUALIFIED EDUCATIONAL EXPENSES" MEANS THE ACTUAL OR EXPECTED COST
OF A STUDENT'S HIGHER EDUCATION, WHICH SHALL INCLUDE THE FULL QUARTERLY,
SEMESTERLY OR ANNUAL COST OF TUITION, FEES, BOOKS,  SUPPLIES,  ROOM  AND
BOARD.
  12.  "THRIFT"  MEANS ANY SAVINGS BANK OR SAVINGS AND LOAN ASSOCIATION,
FEDERAL SAVINGS BANK OR FEDERAL SAVINGS AND LOAN ASSOCIATION.
  S 227. ESTABLISHMENT AND PURPOSE; STUDENT LOAN LINKED DEPOSIT  PROGRAM
AUTHORIZATION.  THE  STUDENT  LOAN  LINKED  DEPOSIT  PROGRAM  IS  HEREBY
CREATED.  THE PURPOSE OF THE PROGRAM IS TO MAKE AVAILABLE  TO  RESIDENTS
OF  NEW  YORK STATE REDUCED RATE LOANS THAT WILL ASSIST IN THE FINANCING
OF AN IN-STATE COLLEGE EDUCATION. THE COMPTROLLER IS  HEREBY  AUTHORIZED
TO  USE  ANY MONEYS OF THE STATE THE COMPTROLLER IS AUTHORIZED TO INVEST
PURSUANT TO SECTION NINETY-EIGHT-A OF THIS CHAPTER  AS  LINKED  DEPOSITS
FOR  THE  PROGRAM.    NOT  MORE THAN ONE HUNDRED MILLION DOLLARS OF SUCH
MONEYS SHALL BE ON DEPOSIT PURSUANT TO THE PROGRAM AT ANY GIVEN TIME.
  S 228. RESPONSIBILITIES OF THE PRESIDENT, COMPTROLLER AND  SUPERINTEN-
DENT.  1. THE PRESIDENT SHALL ADMINISTER THE PROGRAM PURSUANT TO SECTION
TWO HUNDRED THIRTY-TWO OF THIS ARTICLE,  INCLUDING  ALL  DECISIONS  WITH
RESPECT  TO  THE APPLICATION AND USE OF THE PROGRAM FOR ELIGIBLE RECIPI-
ENTS; MARKET AND PROMOTE THE PROGRAM PURSUANT  TO  SECTION  TWO  HUNDRED
THIRTY-FOUR-B OF THIS ARTICLE; AFTER CONSULTING WITH THE COMPTROLLER AND
THE  SUPERINTENDENT  OF  FINANCIAL SERVICES, ISSUE RULES AND REGULATIONS
FOR THE OPERATION OF THE PROGRAM PURSUANT TO SECTION TWO  HUNDRED  THIR-
TY-FOUR-C OF THIS ARTICLE.
  2. THE COMPTROLLER'S RESPONSIBILITIES FOR THE PROGRAM SHALL BE LIMITED
TO:  PURSUANT TO SECTIONS TWO HUNDRED TWENTY-SEVEN AND TWO HUNDRED THIR-
TY-TWO  OF THIS ARTICLE, PLACING MONEYS ON DEPOSIT AT THE REQUEST OF THE
PRESIDENT FOR THE PURPOSES OF THE PROGRAM AND ADMINISTERING SUCH  DEPOS-
ITS  IN  ACCORDANCE WITH SECTIONS NINETY-EIGHT-A AND ONE HUNDRED FIVE OF
THIS CHAPTER AND WITH  THE  COMPTROLLER'S  ESTABLISHED  PROCEDURES;  AND
ENTERING  INTO  DEPOSIT  AGREEMENTS WITH LENDERS PURSUANT TO SECTION TWO
HUNDRED THIRTY-TWO OF THIS ARTICLE.
  3. THE SUPERINTENDENT'S RESPONSIBILITIES  FOR  THE  PROGRAM  SHALL  BE
LIMITED  TO  MARKETING AND PROMOTING THE PROGRAM PURSUANT TO SECTION TWO
HUNDRED THIRTY-FOUR-B OF THIS ARTICLE.

S. 2607--C                         112

  S 229. RELEASE FROM LINKED  DEPOSITS.  THE  AUTHORIZED  DEPOSITOR  MAY
PERMIT FUNDS RELEASED FROM A LINKED DEPOSIT RELATING TO A LINKED LOAN TO
BE MADE AVAILABLE FOR ADDITIONAL LINKED DEPOSITS UNDER THIS PROGRAM.
  S  230.  LINKED  STUDENT  LOANS. LINKED STUDENT LOANS SHALL BE MADE BY
LENDERS PURSUANT TO THE PROGRAM ONLY TO ELIGIBLE RECIPIENTS  FOR  QUALI-
FIED  EDUCATIONAL  EXPENSES. A LINKED LOAN SHALL BE LIMITED TO A MAXIMUM
AMOUNT OF SEVEN THOUSAND FIVE HUNDRED  DOLLARS  PER  ACADEMIC  YEAR.  AN
ELIGIBLE RECIPIENT MAY RECEIVE NO MORE THAN ONE LINKED LOAN PER ACADEMIC
YEAR.  DURING  THE  LIFE OF THE LINKED LOAN PROGRAM, THE TOTAL AMOUNT OF
MONEY THAT AN ELIGIBLE RECIPIENT CAN BORROW FROM THE LINKED STUDENT LOAN
PROGRAM SHALL BE THIRTY THOUSAND DOLLARS. THE CREDIT DECISION FOR MAKING
A LINKED LOAN SHALL BE MADE SOLELY BY THE LENDER, PROVIDED HOWEVER  THAT
SUCH  LENDER  SHALL  ENSURE THAT AN ELIGIBLE RECIPIENT COMPLIES WITH THE
PROVISIONS OF THIS ARTICLE, INCLUDING ANY RULES OR REGULATIONS ISSUED BY
THE PRESIDENT. NOTWITHSTANDING THE LENGTH OF THE TERM OF A LINKED  LOAN,
THE  LINKED DEPOSIT RELATING TO THE LINKED LOAN SHALL BE FOR A PERIOD OF
NOT MORE THAN FOUR YEARS.
  S 231. INTEREST RATE FOR LINKED LOANS; NO  LENDER'S  FEES.  1.  LINKED
LOANS  MADE  TO  ELIGIBLE RECIPIENTS SHALL BEAR INTEREST AT A FIXED RATE
EQUAL TO THREE PERCENTAGE POINTS BELOW THE FIXED INTEREST RATE THE LEND-
ER WOULD HAVE CHARGED FOR THE LOAN IN THE ABSENCE OF  A  LINKED  DEPOSIT
BASED  ON  ITS USUAL CREDIT CONSIDERATIONS. LENDERS SHALL CERTIFY TO THE
PRESIDENT THAT THE RATE TO BE CHARGED ON A LINKED LOAN IS THREE PERCENT-
AGE POINTS BELOW THE INTEREST RATE THE LENDER WOULD HAVE CHARGED FOR THE
LOAN IN THE ABSENCE OF A LINKED DEPOSIT.
  2. LENDERS WHO MAKE LOANS PURSUANT TO THE PROGRAM SHALL NOT  BE  ENTI-
TLED  TO  CHARGE  ANY DISCOUNT, POINTS, ORIGINATION FEES, HANDLING FEES,
SERVICE CHARGES, REFINANCING FEES OR PENALTIES OR ANY CHARGE OTHER  THAN
THOSE NORMALLY CHARGED AND IN SUCH AMOUNTS NORMALLY CHARGED BY THE LEND-
ER FOR LOANS OF THE TYPE BEING MADE WITHOUT REGARD TO THE PROGRAM.
  S 232. APPLICATION PROCEDURE. 1. THE PRESIDENT, WITH THE ASSISTANCE OF
THE  SUPERINTENDENT  OF  THE  DEPARTMENT, SHALL ESTABLISH PROCEDURES AND
OTHER REQUIREMENTS FOR PARTICIPATION IN THE PROGRAM, AND SHALL PROVIDE A
SIMPLIFIED APPLICATION FORM TO  THE  PARTICIPATING  LENDERS  FOR  LINKED
DEPOSITS.    SUCH FORM SHALL REFLECT THE QUALIFYING INFORMATION REQUIRED
BY THIS ARTICLE FOR ELIGIBLE LOAN RECIPIENTS.   UPON COMPLETION  OF  ANY
APPLICATION FOR A LINKED DEPOSIT, THE LENDER SHALL SEND THE APPLICATION,
TOGETHER  WITH  THE  INTEREST  RATE  CERTIFICATION  REQUIRED PURSUANT TO
SECTION TWO HUNDRED THIRTY-ONE OF THIS ARTICLE,  TO  THE  PRESIDENT  WHO
SHALL EITHER APPROVE OR REJECT THE APPLICATION WITHIN TWENTY-EIGHT DAYS.
THE  PRESIDENT  SHALL EVALUATE EACH APPLICATION BASED UPON THE FOLLOWING
CRITERIA:
  (A) THE EXTENT TO WHICH SUCH LOAN WOULD REDUCE THE LONG-TERM  COST  OF
FINANCING A STUDENT'S HIGHER EDUCATION;
  (B)  THE  LIKELIHOOD OF THE STUDENT SUCCESSFULLY COMPLETING HIS OR HER
HIGHER EDUCATION AND REPAYING THE LOAN WITHIN A TIMELY MANNER; AND
  (C) SUCH OTHER CRITERIA AS THE PRESIDENT DEEMS RELEVANT.
  2. IF THE DEPOSIT APPLICATION IS APPROVED BY THE PRESIDENT, HE OR  SHE
SHALL  NOTIFY AN AUTHORIZED DEPOSITOR THAT A DETERMINATION HAS BEEN MADE
THAT THE APPLICATION SATISFIES THE REQUIREMENTS OF THIS ARTICLE, AND THE
PRESIDENT SHALL REQUEST THE AUTHORIZED DEPOSITOR TO DEPOSIT  FUNDS  WITH
THE LENDER IN ACCORDANCE WITH SECTION NINETY-EIGHT-A OF THIS CHAPTER AND
WITH  THE  AUTHORIZED  DEPOSITOR'S ESTABLISHED PROCEDURES. SUCH DEPOSITS
SHALL BE SECURED IN  ACCORDANCE  WITH  THE  PROVISIONS  OF  SECTION  ONE
HUNDRED  FIVE OF THIS CHAPTER, AND LENDERS RECEIVING SUCH DEPOSITS SHALL
SATISFY, IN THE SOLE JUDGMENT OF THE AUTHORIZED DEPOSITOR,  ALL  COLLAT-

S. 2607--C                         113

ERAL  AND  OTHER REQUIREMENTS GENERALLY APPLIED BY THE AUTHORIZED DEPOS-
ITOR TO FUNDS INVESTED BY IT.  THE NOTIFIED AUTHORIZED DEPOSITOR AND THE
LENDER SHALL ENTER INTO A WRITTEN DEPOSIT AGREEMENT. IN NO  EVENT  SHALL
ANY  DEFECT IN ANY SUCH AGREEMENT BE ASSERTED AS A DEFENSE BY A BORROWER
ON A LINKED LOAN MADE PURSUANT TO THE PROGRAM.
  S 233. REPAYMENT PERIODS FOR LINKED STUDENT LOANS. THE PRESIDENT SHALL
REQUIRE THAT LINKED STUDENT LOANS ISSUED THROUGH THE PROGRAM OFFER FLEX-
IBLE REPAYMENT OPTIONS, INCLUDING THE OPTION OF AN  INCOME-BASED  REPAY-
MENT PLAN.  SUCH REPAYMENT OPTIONS MAY, IF THE PRESIDENT DEEMS IT ADVIS-
ABLE,  BE  CONSISTENT WITH THE REPAYMENT TERMS STIPULATED BY THE WILLIAM
D. FORD FEDERAL DIRECT LOAN PROGRAM AUTHORIZED PURSUANT TO 20 USC  CHAP-
TER 28, SUBCHAPTER IV, PART C.
  S 234. LIABILITY; EARLY REPAYMENT AND WITHDRAWAL. NOTHING CONTAINED IN
THIS  ARTICLE  SHALL IMPOSE LIABILITY ON THE STATE OR ANY OF ITS DEPART-
MENTS OR EMPLOYEES FOR PAYMENT OR DELAYS IN PAYMENT OF THE PRINCIPAL  OR
INTEREST  OF  A  LINKED  LOAN. ANY DELAY IN PAYMENTS OR ANY DEFAULT ON A
LINKED LOAN SHALL IN NO WAY AFFECT THE LINKED DEPOSIT AGREEMENT  BETWEEN
THE  LENDER  AND  THE  AUTHORIZED  DEPOSITOR.  HOWEVER, IN THE EVENT THE
INTEREST RATE OF THE LINKED LOAN SHALL BE INCREASED AS A CONSEQUENCE  OF
DEFAULT  OR  RENEGOTIATION, OR THE LOAN SHALL BE CHARGED OFF, THE LENDER
SHALL GIVE THE AUTHORIZED DEPOSITOR PROMPT NOTICE OF SUCH EVENT, AND THE
AUTHORIZED DEPOSITOR SHALL THEREAFTER WITHDRAW THE LINKED  DEPOSIT  UPON
NOT LESS THAN SEVEN DAYS' PRIOR WRITTEN NOTICE TO THE LENDER. UPON EARLY
REPAYMENT OF A LINKED LOAN, THE LENDER SHALL WITHIN THIRTY DAYS GIVE THE
AUTHORIZED  DEPOSITOR NOTICE OF SUCH EARLY REPAYMENT, AND THE AUTHORIZED
DEPOSITOR SHALL THEREAFTER WITHDRAW THE LINKED  DEPOSIT  UPON  NOT  LESS
THAN  SEVEN  DAYS'  PRIOR WRITTEN NOTICE TO THE LENDER, AND THE INTEREST
RATE PAYABLE ON THE LINKED DEPOSIT FROM THE DATE OF EARLY  REPAYMENT  OF
THE LINKED LOAN TO THE DATE OF WITHDRAWAL OF THE LINKED DEPOSIT SHALL BE
THE INTEREST RATE UPON WHICH THE LINKED DEPOSIT INTEREST RATE WAS CALCU-
LATED WITHOUT REGARD TO THE APPLICABLE BASIS POINT REDUCTION.
  S  234-A.  MONITORING  AND  REPORT. 1. THE PRESIDENT SHALL MONITOR THE
ACTIVITIES OF PARTICIPATING LENDERS AND LOAN RECIPIENTS AND MAY  REQUIRE
PERIODIC REPORTS OR OTHER INFORMATION THE PRESIDENT DEEMS NECESSARY FROM
PARTICIPATING  LENDERS  AND  LOAN RECIPIENTS ON THE STATUS OF THE LINKED
LOANS TO ENSURE COMPLIANCE WITH THE PROVISIONS AND THE  INTENT  OF  THIS
ARTICLE.
  2.  ON  OR  BEFORE  DECEMBER FIRST, TWO THOUSAND FIFTEEN, AND ANNUALLY
THEREAFTER THE PRESIDENT SHALL SUBMIT TO  THE  GOVERNOR,  THE  TEMPORARY
PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A REPORT REGARD-
ING THE ACTIVITIES OF THE PROGRAM. SUCH REPORT SHALL CONTAIN A STATEMENT
OF  THE COST OF THE PROGRAM TO THE STATE, CONSIDERED AS A WHOLE, BECAUSE
OF REDUCED RATES ON FUNDS INVESTED IN LINKED DEPOSITS. SUCH REPORT SHALL
ALSO INCLUDE, BUT SHALL NOT BE LIMITED TO, THE NUMBER AND TYPE OF LINKED
LOANS UNDER THE PROGRAM AND THE AMOUNT THEREOF; THE NUMBER AND TYPES  OF
LENDERS  MAKING  LINKED LOANS AND OF INDIVIDUALS RECEIVING LINKED LOANS;
THE GEOGRAPHIC DISTRIBUTION OF SUCH LENDERS  AND  RECIPIENTS,  INCLUDING
THE STEPS TAKEN TO ENSURE GEOGRAPHIC DIVERSITY AMONG PARTICIPATING LEND-
ERS, AS WELL AS ANY INFORMATION THE PRESIDENT DETERMINES USEFUL IN EVAL-
UATING THE BENEFITS OF THE PROGRAM.
  S  234-B. PROMOTION OF PROGRAM. THE DEPARTMENT, WITH THE ASSISTANCE OF
OTHER APPROPRIATE STATE AGENCIES,  SHALL  ACTIVELY  MARKET  AND  PROMOTE
AWARENESS  OF  THE  PROGRAM IN ALL GEOGRAPHICAL AREAS OF THE STATE AMONG
COMMERCIAL BANKS, THRIFTS AND OTHER APPROPRIATE BANKING ORGANIZATIONS.
  S 234-C. RULES AND REGULATIONS. THE PRESIDENT SHALL,  IN  CONSULTATION
WITH  THE  COMPTROLLER  AND  THE  SUPERINTENDENT  OF FINANCIAL SERVICES,

S. 2607--C                         114

PROMULGATE RULES AND REGULATIONS NECESSARY AND REASONABLE FOR THE OPERA-
TION OF THE PROGRAM.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided however that effective immediately,
the addition, amendment and/or repeal of any rules or regulations neces-
sary  for  implementation  of  the foregoing sections of this act on its
effective date is authorized and directed to be made and completed on or
before such effective date.

                                 PART Z

  Section 1. Paragraph (c) of subdivision 2  of  section  591-a  of  the
labor  law,  as added by chapter 413 of the laws of 2003, is amended and
two new subdivisions 5 and 6 are added to read as follows:
  (c) individuals may receive the allowance described in  paragraph  (a)
of this subdivision if such individuals:
  (i)  are eligible to receive regular unemployment benefits or would be
eligible to receive such benefits except for the requirements set  forth
in  subparagraphs (i) and (ii) of paragraph (b) of this subdivision. For
purposes of this section, regular unemployment benefits  means  benefits
payable under this article, including benefits payable to federal civil-
ian  employees  and  to ex-servicemen and servicewomen pursuant to 5 USC
Chapter 85, but excluding additional and  extended  benefits  EXCEPT  AS
OTHERWISE PROVIDED IN THIS CHAPTER;
  (ii)  are identified pursuant to a worker profiling system as individ-
uals WITH A PROFILING SCORE OF THIRTY OR  MORE  AND  likely  to  exhaust
regular unemployment benefits;
  (iii)  are  participating  in  self-employment  assistance  activities
approved by the department and by the department of economic development
which include but need not be limited to entrepreneurial training, busi-
ness counseling, and technical assistance, including  financing  assist-
ance  for qualified individuals as appropriate, offered by entrepreneur-
ship support centers established pursuant to section two hundred  twelve
of  the  economic  development  law,  state university of New York small
business development centers, programs offered by community-based organ-
izations, local development  corporations,  and  boards  of  cooperative
educational  services  (BOCES)  as  established  pursuant to section one
thousand nine hundred fifty of the education law; AND, UNLESS  OTHERWISE
REQUIRED BY FEDERAL LAW OR REGULATION, NO INDIVIDUAL SHALL BE PROHIBITED
FROM  OR  DISQUALIFIED  FROM  ELIGIBILITY  FOR  THE PROGRAM BY REASON OF
HAVING INCORPORATED OR REGISTERED A BUSINESS OR PROFESSION  OR  OBTAINED
LICENSES  OR  CERTIFICATES  THEREFORE,  RENTED  SPACE FOR SUCH BUSINESS,
PRINTED BUSINESS CARDS, SOLICITED CUSTOMERS,  DEVELOPED  A  WEBSITE,  OR
TAKEN  SUCH  OTHER USUAL AND CUSTOMARY STEPS TOWARD CREATING A BUSINESS,
OR HAVING PREVIOUSLY ENROLLED IN A BUSINESS TRAINING PROGRAM  WHICH  THE
COMMISSIONER HAS APPROVED;
  (iv)  are  actively  engaged on a full-time basis in activities, which
may include training, relating to the establishment of  a  business  and
becoming self-employed;
  (v)  are  not individuals who have previously participated in self-em-
ployment assistance programs pursuant to this section; and
  5. THE DEPARTMENT SHALL MAKE MODIFICATIONS NECESSARY PURSUANT  TO  THE
STATE  AGREEMENT  PURSUANT TO SECTION 4001(A) OF THE SUPPLEMENTAL APPRO-
PRIATIONS ACT OF 2008 TO ALLOW INDIVIDUALS RECEIVING  BENEFITS  PURSUANT
TO  EMERGENCY  UNEMPLOYMENT BENEFITS TO BE ELIGIBLE FOR THE SELF-EMPLOY-
MENT ASSISTANCE PROGRAM AUTHORIZED HEREIN.

S. 2607--C                         115

  6. ANY OTHER PROVISION OF THIS CHAPTER TO THE  CONTRARY  NOTWITHSTAND-
ING,  A  CLAIMANT  RECEIVING  EXTENDED  BENEFITS PURSUANT TO SECTION SIX
HUNDRED ONE OF THIS TITLE SHALL  BE  ELIGIBLE  FOR  THE  SELF-EMPLOYMENT
ASSISTANCE PROGRAM AUTHORIZED BY THIS SECTION, PROVIDED THAT:
  (A)  INDIVIDUALS  WHO MEET THE REQUIREMENTS DESCRIBED IN PARAGRAPH (C)
OF SUBDIVISION TWO OF THIS SECTION ARE ELIGIBLE TO RECEIVE AN  ALLOWANCE
IN  LIEU  OF EXTENDED UNEMPLOYMENT BENEFITS FOR THE PURPOSE OF ASSISTING
SUCH INDIVIDUALS IN ESTABLISHING A BUSINESS AND BECOMING SELF-EMPLOYED;
  (B) THE ALLOWANCE PAYABLE TO INDIVIDUALS PURSUANT TO PARAGRAPH (A)  OF
THIS SUBDIVISION IS PAYABLE IN THE SAME AMOUNT, AT THE SAME INTERVAL, ON
THE SAME TERMS, AND SUBJECT TO THE SAME CONDITIONS, AS EXTENDED BENEFITS
AND  THE  SUM  OF ANY ALLOWANCE PAID UNDER THIS SECTION AND THE EXTENDED
BENEFITS WITH RESPECT TO ANY BENEFIT YEAR SHALL NOT EXCEED  THE  MAXIMUM
BENEFIT AMOUNT PERMITTED UNDER THIS ARTICLE, EXCEPT:
  (I)  APPLICABLE  REQUIREMENTS  RELATING  TO TOTAL UNEMPLOYMENT ARE NOT
APPLICABLE TO SUCH INDIVIDUALS;
  (II) APPLICABLE REQUIREMENTS RELATING TO DISQUALIFYING INCOME ARE  NOT
APPLICABLE  TO  INCOME  EARNED FROM SELF-EMPLOYMENT ENTERED INTO BY SUCH
INDIVIDUALS AS  A  RESULT  OF  THEIR  PARTICIPATION  IN  SELF-EMPLOYMENT
ASSISTANCE PROGRAMS AS DEFINED IN THIS SECTION; AND
  (III)  SUCH  INDIVIDUALS  ARE  CONSIDERED  TO  BE  UNEMPLOYED  FOR THE
PURPOSES OF LAWS APPLICABLE TO UNEMPLOYMENT BENEFITS, AS  LONG  AS  SUCH
INDIVIDUALS MEET THE REQUIREMENTS APPLICABLE UNDER THIS SUBDIVISION;
  (C)  AN INDIVIDUAL WHO FAILS TO PARTICIPATE IN SELF-EMPLOYMENT ASSIST-
ANCE ACTIVITIES OR WHO FAILS TO ACTIVELY ENGAGE ON A FULL-TIME BASIS  IN
ACTIVITIES (WHICH MAY INCLUDE TRAINING) RELATING TO THE ESTABLISHMENT OF
A BUSINESS AND BECOMING SELF-EMPLOYED SHALL BE DISQUALIFIED FOR THE WEEK
SUCH FAILURE OCCURS; AND
  (D)  AN  INDIVIDUAL SHALL NOT BE ELIGIBLE TO RECEIVE A SELF-EMPLOYMENT
ALLOWANCE UNLESS THE DEPARTMENT HAS A REASONABLE  EXPECTATION  THAT  THE
INDIVIDUAL  WILL BE ENTITLED TO AT LEAST THIRTEEN TIMES THE INDIVIDUAL'S
AVERAGE WEEKLY BENEFIT AMOUNT OF  EXTENDED  COMPENSATION  AND  EMERGENCY
UNEMPLOYMENT COMPENSATION.
  (E)  THE AGGREGATE NUMBER OF INDIVIDUALS RECEIVING THE ALLOWANCE UNDER
THIS SUBDIVISION AT ANY TIME SHALL NOT EXCEED ONE PERCENT OF THE  NUMBER
OF INDIVIDUALS RECEIVING EXTENDED COMPENSATION.
  S  2. Section 10 of chapter 413 of the laws of 2003 amending the labor
law  relating  to  the  self-employment  assistance  program  and  other
matters,  as  amended  by chapter 134 of the laws of 2011, is amended to
read as follows:
  S 10.  This act shall take effect immediately; provided, however, that
sections eight and nine of this act shall expire December 7, [2013] 2015
when upon such date the provisions of  such  sections  shall  be  deemed
repealed.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to section 591-a of the labor law made by section one  of
this act shall not affect the repeal of such section and shall be deemed
repealed therewith.

                                 PART AA

  Section 1. The education law is amended by adding a new section 6303-a
to read as follows:
  S  6303-A.  REMEDIAL  EDUCATION PLAN AND PROGRAM.   1. DEFINITIONS. AS
USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS:

S. 2607--C                         116

  (A) "CITY UNIVERSITY TRUSTEES" SHALL MEAN THE BOARD OF TRUSTEES OF THE
CITY UNIVERSITY OF NEW YORK.
  (B)  "CONTRACT  COURSES" SHALL MEAN COURSES OFFERED FOR THE PURPOSE OF
PROVIDING OCCUPATIONAL  TRAINING  OR  ASSISTANCE  TO  BUSINESS  FOR  THE
CREATION  AND  RETENTION OF JOB OPPORTUNITIES AND FOR THE IMPROVEMENT OF
PRODUCTIVITY, THROUGH CONTRACTS  OR  ARRANGEMENTS  BETWEEN  A  COMMUNITY
COLLEGE  AND  A  BUSINESS,  LABOR ORGANIZATION, OR NOT-FOR-PROFIT CORPO-
RATIONS OR OTHER NONGOVERNMENTAL ORGANIZATIONS, INCLUDING  LABOR-MANAGE-
MENT COMMITTEES COMPOSED OF LABOR, BUSINESS AND COMMUNITY LEADERS ORGAN-
IZED TO PROMOTE LABOR-MANAGEMENT RELATIONS, PRODUCTIVITY, THE QUALITY OF
WORKING  LIFE,  INDUSTRIAL DEVELOPMENT, AND RETENTION OF BUSINESS IN THE
COMMUNITY.
  (C) "PLAN" SHALL MEAN THE REMEDIAL EDUCATION PLAN TO BE  DEVELOPED  BY
THE  STATE  UNIVERSITY  TRUSTEES  PURSUANT  TO  SUBDIVISION  TWO OF THIS
SECTION.
  (D) "PROGRAM" SHALL MEAN THE REMEDIAL EDUCATION PROGRAM TO  BE  DEVEL-
OPED  BY  THE  STATE  UNIVERSITY TRUSTEES PURSUANT TO SUBDIVISION TWO OF
THIS SECTION.
  2. BY NO LATER THAN JANUARY FIRST, TWO THOUSAND  FOURTEEN,  THE  STATE
UNIVERSITY  TRUSTEES  SHALL  DEVELOP,  AS  PART OF THE MASTER PLAN TO BE
SUBMITTED PURSUANT TO SECTION THREE HUNDRED FIFTY-FOUR OF THIS  CHAPTER,
A  COMPREHENSIVE REMEDIAL EDUCATION PLAN TO BE INCORPORATED INTO ITS TWO
THOUSAND SIXTEEN MASTER PLAN AND FULLY IMPLEMENTED NO  LATER  THAN  JULY
FIRST,  TWO THOUSAND SIXTEEN AT EACH OF THE STATE UNIVERSITY OF NEW YORK
COMMUNITY COLLEGES. SUCH REMEDIAL EDUCATION PLAN SHALL SEEK TO DEVELOP A
REMEDIAL EDUCATION PROGRAM TO ACCOMPLISH THE FOLLOWING GOALS:
  (A) IMPROVE COMMUNITY COLLEGE OUTCOMES BY REDUCING THE TIME TO  DEGREE
COMPLETION OR TRANSFER TO A FOUR YEAR COLLEGE;
  (B)  REDUCE  STATE  AND LOCAL SPONSOR EXPENDITURES ON REMEDIAL COURSE-
WORK;
  (C) IMPROVING OVERALL COMMUNITY COLLEGE GRADUATION RATES  AND  EMPLOY-
MENT PROSPECTS.
  3.  THE  STATE UNIVERSITY TRUSTEES SHALL WORK WITH THE CITY UNIVERSITY
TRUSTEES TO MODEL ITS REMEDIAL EDUCATION PROGRAM AFTER  THE  ACCELERATED
STUDY IN ASSOCIATE PROGRAMS AT THE CITY UNIVERSITY OF NEW YORK.  AS PART
OF THE PLAN, THE STATE UNIVERSITY TRUSTEES SHALL PRODUCE A COST ESTIMATE
OF  THE AMOUNT OF STATE AND LOCAL SPONSOR SUPPORT NEEDED TO FULLY IMPLE-
MENT A REMEDIAL EDUCATION PROGRAM AT EACH COMMUNITY COLLEGE OF THE STATE
UNIVERSITY OF NEW YORK.
  4. AS PART OF THE PLAN, THE TRUSTEES SHALL ESTABLISH  TWO  TRACKS  FOR
STUDENTS  IDENTIFIED  AS  BEING IN NEED OF REMEDIAL EDUCATION. ONE TRACK
SHALL PREPARE STUDENTS FOR THE WORKFORCE THROUGH CONTRACT  COURSES,  AND
ANOTHER  TRACK  SHALL  PREPARE  STUDENTS  FOR  COMPLETION  OF  A  TWO OR
FOUR-YEAR DEGREE. THE TRUSTEES SHALL ESTABLISH A MECHANISM BY WHICH EACH
COMMUNITY COLLEGE WILL IDENTIFY AND RECOMMEND STUDENTS FOR PLACEMENT  IN
ONE OF THE TWO TRACKS, PROVIDED HOWEVER, THAT ENROLLMENT IN A PARTICULAR
TRACK SHALL ONLY BE VALID UPON THE CONSENT OF A STUDENT.
  5. WITH RESPECT TO CONTRACT COURSES OR WORKFORCE DEVELOPMENT PROGRAMS,
EACH  COMMUNITY  COLLEGE SHALL WORK WITH LOCAL EMPLOYERS TO IDENTIFY THE
OCCUPATIONAL SKILLS NEEDED FOR JOBS OFFERED BY EMPLOYERS LOCATED IN  THE
SAME  REGION AS THE COMMUNITY COLLEGE. SUCH CONTRACT COURSE OR WORKFORCE
DEVELOPMENT PROGRAM SHALL REQUIRE THAT THE EMPLOYER OR BUSINESS  SEEKING
TO  EMPLOY  COMMUNITY  COLLEGE  STUDENTS  UPON  COMPLETION OF A CONTRACT
COURSE OR WORKFORCE DEVELOPMENT PROGRAM, PROVIDE  AT  LEAST  TWENTY-FIVE
PERCENT OF THE FUNDS REQUIRED FOR SUCH COURSE OR PROGRAM. EACH COMMUNITY
COLLEGE WORKFORCE DEVELOPMENT PROGRAM SHALL WORK TO RETAIN LOCAL EMPLOY-

S. 2607--C                         117

ERS,  AND ATTRACT OUTSIDE EMPLOYERS TO THE REGION IN WHICH THE COMMUNITY
COLLEGE IS LOCATED.
  6. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION,
A  BUSINESS OR EMPLOYER SHALL NOT BE REQUIRED TO REIMBURSE THE COMMUNITY
COLLEGE FOR A STUDENT THAT COMPLETES  A  CONTRACT  COURSE  OR  WORKFORCE
DEVELOPMENT  PROGRAM, UNTIL AFTER THE STUDENT IS GAINFULLY EMPLOYED WITH
THE BUSINESS.
  7. WITH RESPECT TO STUDENTS PURSUING A TWO OR  FOUR-YEAR  DEGREE,  THE
COMMUNITY  COLLEGE  SHALL UTILIZE FEATURES CONTAINED WITHIN THE ACCELER-
ATED STUDY IN ASSOCIATE PROGRAMS, INCLUDING,  BUT  NOT  LIMITED  TO  THE
FOLLOWING:
  (A)  A  CONSOLIDATED  COURSE  SCHEDULE  THAT  PERMITS STUDENTS TO TAKE
CLASSES IN A MORNING, AFTERNOON, EVENING OR WEEKEND SCHEDULE  SO  AS  TO
ENABLE  STUDENTS TO BALANCE SCHOOL, WORK AND OTHER PERSONAL RESPONSIBIL-
ITIES;
  (B) COHORT COURSE TAKING THAT GROUPS STUDENTS BASED ON MAJOR;
  (C)  AN  INTRUSIVE  ADVISEMENT  MODEL  THAT  DIRECTS  COUNSELORS  WITH
ASSIGNED  CASELOADS  TO  MEET  WITH  STUDENTS MONTHLY FROM PROGRAM ENTRY
UNTIL GRADUATION;
  (D) CAREER AND EMPLOYMENT SERVICES THAT PROVIDE STUDENTS  WITH  INTER-
VIEW TRAINING, JOB SKILLS AND CAREER PLANNING;
  (E)  ACADEMIC  SUPPORT  SERVICES  THAT PROVIDE TUTORING FROM QUALIFIED
UNDERGRADUATE OR GRADUATE STUDENTS OR FACULTY;
  (F) MANDATORY SUMMER ORIENTATIONS OR INSTITUTES FOR STUDENTS  ENTERING
THE REMEDIAL EDUCATION PROGRAM; AND
  (G)  COMPREHENSIVE EVALUATION AND THE USE OF DATA TO ASSESS THE EFFEC-
TIVENESS OF THE PROGRAM.
  8. THE OPERATING COSTS OF SUCH REMEDIAL EDUCATION PROGRAM FOR STUDENTS
PURSUING A TWO OR FOUR-YEAR DEGREE SHALL BE BORNE BY THE STATE  AND  THE
LOCAL SPONSOR RESPONSIBLE FOR OPERATING THE COMMUNITY COLLEGE. THE STATE
SHALL PROVIDE FIFTY PERCENT OF THE FUNDS FOR OPERATING A REMEDIAL EDUCA-
TION  PROGRAM,  AND  THE  LOCAL  SPONSOR  SHALL  PROVIDE THE OTHER FIFTY
PERCENT OF SUCH OPERATING COSTS.
  9. EACH COMMUNITY COLLEGE SHALL BE REQUIRED TO IMPLEMENT, ON A PARTIAL
BASIS, ITS REMEDIAL EDUCATION PROGRAM BY THE TWO THOUSAND  FOURTEEN--TWO
THOUSAND  FIFTEEN ACADEMIC YEAR. PRIOR TO THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN ACADEMIC YEAR, EACH COMMUNITY COLLEGE  SHALL  CALCULATE
ITS EXPENDITURES ON REMEDIAL COURSEWORK IN THE PRIOR ACADEMIC YEAR. SUCH
EXPENDITURES  SHALL THEN BE MULTIPLIED BY:  (A) THIRTY PERCENT TO DETER-
MINE THE TOTAL MAXIMUM BUDGET FOR PARTIAL IMPLEMENTATION OF THE REMEDIAL
EDUCATION PROGRAM IN THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
ACADEMIC  YEAR,  (B) SIXTY PERCENT TO DETERMINE THE TOTAL MAXIMUM BUDGET
FOR PARTIAL IMPLEMENTATION OF THE REMEDIAL EDUCATION PROGRAM IN THE  TWO
THOUSAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  ACADEMIC YEAR; AND (C) NINETY
PERCENT TO DETERMINE THE TOTAL MAXIMUM BUDGET FOR FULL IMPLEMENTATION OF
THE REMEDIAL EDUCATION PROGRAM IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN ACADEMIC YEAR. FULL  IMPLEMENTATION  SHALL  REQUIRE  THAT  ALL
STUDENTS IN NEED OF AT LEAST ONE REMEDIAL EDUCATION COURSE ENROLL IN THE
REMEDIAL EDUCATION PROGRAM.
  10.  EACH  COMMUNITY COLLEGE SHALL REPORT ON THE IMPLEMENTATION OF THE
PROGRAM CREATED PURSUANT TO PARAGRAPH  D  OF  SUBDIVISION  ONE  OF  THIS
SECTION AND SHALL REPORT ON MEASURES OF STUDENT SUCCESS FOR EACH STUDENT
ENROLLED  IN  SUCH PROGRAM. SUCH REPORT SHALL INCLUDE BUT NOT BE LIMITED
TO:

S. 2607--C                         118

  (A) THE NUMBER OF  STUDENTS  WHO  ARE  EMPLOYED  FOLLOWING  DEGREE  OR
CERTIFICATION  COMPLETION AND THEIR WAGE GAINS, IF ANY, AS DETERMINED BY
THE DEPARTMENT OF LABOR;
  (B)  THE  NUMBER  OF  ON-TIME  DEGREE COMPLETIONS, ON-TIME CERTIFICATE
COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
TION;
  (C) THE NUMBER OF DEGREES AND CERTIFICATES THAT ARE COMPLETED BUT  ARE
NOT CONSIDERED ON-TIME COMPLETIONS;
  (D)  THE  NUMBER  OF  DEGREE  AND CERTIFICATE COMPLETIONS BY A STUDENT
CONSIDERED ACADEMICALLY AT-RISK DUE TO ECONOMIC  DISADVANTAGE  OR  OTHER
FACTOR OF UNDER-REPRESENTATION WITHIN A FIELD OF STUDY; AND
  (E)  THE  NUMBER  OF  STUDENTS  WHO  MAKE  ADEQUATE  PROGRESS  TOWARDS
COMPLETION OF A DEGREE OR CERTIFICATE,  WHICH  MAY  INCLUDE  ACCELERATED
COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
  S  2.  Subparagraph  (iv) of paragraph (a) of subdivision 1 of section
6304 of the education law, as amended by chapter  552  of  the  laws  of
1984, is amended to read as follows:
  (iv)  provide  for  adequate  programs of remediation, instruction and
counselling to meet the needs of  all  students  to  be  served  by  the
college.    PROVIDED  HOWEVER,  THAT  FOR THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN STATE FISCAL YEAR, STATE AID FOR  TRADITIONAL  REMEDIAL
EDUCATION  SHALL NOT EXCEED TWO THIRDS OF A COMMUNITY COLLEGE'S REMEDIAL
EXPENDITURES  FOR  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND  FOURTEEN
ACADEMIC  YEAR.  PROVIDED  FURTHER  HOWEVER,  THAT  FOR THE TWO THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN STATE FISCAL YEAR, STATE  AID  FOR  TRADI-
TIONAL  REMEDIAL  EDUCATION  SHALL  NOT  EXCEED ONE-THIRD OF A COMMUNITY
COLLEGE'S REMEDIAL EXPENDITURES FOR THE TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN ACADEMIC YEAR. PROVIDED FURTHER HOWEVER, THAT FOR THE  TWO
THOUSAND  SIXTEEN--TWO  THOUSAND  SEVENTEEN  STATE FISCAL YEAR AND EVERY
STATE FISCAL YEAR THEREAFTER, TRADITIONAL REMEDIAL EDUCATION  SHALL  NOT
BE  ELIGIBLE  FOR  STATE  AID.  FOR  THE  PURPOSES OF THIS SUBPARAGRAPH,
"TRADITIONAL REMEDIAL EDUCATION" SHALL MEAN ANY REMEDIAL EDUCATION OTHER
THAN REMEDIAL EDUCATION PROVIDED PURSUANT TO A PLAN AND  PROGRAM  ESTAB-
LISHED  IN  ACCORDANCE  WITH SECTION SIXTY-THREE HUNDRED THREE-A OF THIS
ARTICLE. The trustees may require  periodic  reports  or  certifications
from  colleges  which  have submitted plans which have been approved and
may, in appropriate cases, revoke such approval in case a college is  in
default of implementing its plan.
  S 3. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through AA of this act shall be
as specifically set forth in the last section of such Parts.

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