[ ] is old law to be omitted.
LBD12672-03-0
S. 6607--A 2 A. 9707--A
the transportation of school children, in relation to the effective-
ness thereof; 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, in relation to the effectiveness
thereof; to amend chapter 534 of the laws of 1993 amending the educa-
tion law relating to physical therapy assistants, in relation to
extending the effective date thereof; to amend chapter 20 of the laws
of 1998 amending the education law relating to the provision of phys-
ical therapy assistant services in public and private primary and
secondary schools, in relation to extending the effectiveness of such
chapter; to amend chapter 386 of the laws of 1996, amending the educa-
tion law relating to providing for a waiver allowing state aid in
certain circumstances, in relation to extending its effectiveness; to
amend chapter 537 of the laws of 2008, amending the education law,
relating to a restricted dental faculty license, in relation to
extending the effectiveness thereof; 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 budg-
ets, in relation to the effectiveness thereof; to amend 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, in relation to the effectiveness
thereof; to repeal subdivision 17 of section 1950 of the education
law, relating to boards of cooperative educational services; and
providing for the repeal of certain provisions upon expiration thereof
(Part A); to amend the education law, in relation to the streamlining
of planning and reporting requirements for school districts; to repeal
subdivision 32 of section 305 of such law relating to a study of
reporting requirements; to repeal section 805 of such law relating to
special procedures for enforcement of the health education curriculum;
to repeal clause (e) of subparagraph 5 of paragraph b of subdivision 1
of section 4402 of such law relating to annual reports on transition
of students with disabilities; to repeal paragraph b of subdivision 1
of section 4452 of such law relating to submission of a plan for the
identification and education of gifted pupils; and to repeal subdivi-
sion 10 of section 4403 of such law relating to recommendations for
adult services (Part B); to amend the education law, in relation to
the renaming of certain special education aids (Part C); to amend the
arts and cultural affairs law, in relation to the New York State Thea-
tre Institute Corporation and to amend chapter 688 of the laws of
1979, relating to creating the Nelson A. Rockefeller Empire State
Plaza performing arts center corporation and to repeal certain
provisions of the arts and cultural affairs law relating thereto (Part
D); to amend the education law and the state finance law, in relation
to tuition and self-supporting revenues of the state and city univer-
sities; and to repeal subdivision 8-b of section 355 and paragraph 4-a
of subdivision A of section 6221 of the education law relating thereto
(Subpart A); to amend the education law, the public authorities law,
and the public buildings law, in relation to capital facilities in
support of the state university and community colleges (Subpart B); to
amend the education law, and the state finance law, in relation to
procurement in support of the state and city universities (Subpart C);
to amend the public officers law, the education law and the retirement
and social security law, in relation to promoting efficiency and
effect savings in support of the state university (Subpart D); to
amend the civil service law, the education law and the social services
S. 6607--A 3 A. 9707--A
law, in relation to state university health care facilities (Part E);
and to enact reporting requirements (Subpart F) (Part E); to amend the
education law, in relation to good academic standing requirements
(Part F); to amend the education law, in relation to restrictions on
eligibility to receive awards and loans; and to repeal certain
provisions of such law relating thereto (Part G); to amend the educa-
tion law, in relation to tuition assistance program awards for gradu-
ate school students; and repealing certain provisions of such law
relating thereto (Part H); to amend the education law, in relation to
tuition assistance program awards (Part I); to amend the education
law, in relation to tuition assistance program award determinations
(Part J); to amend the education law, in relation to eligibility
requirements for student financial aid (Part K); to amend the educa-
tion law, in relation to tuition assistance program awards (Part L);
to amend the education law, in relation to the definition of income
for purposes of tuition assistance program awards (Part M); to amend
chapter 57 of the laws of 2005 amending the education law relating to
the New York state nursing faculty loan forgiveness incentive program
and the New York state nursing faculty scholarship program, in
relation to the effectiveness thereof (Part N); to amend chapter 31 of
the laws of 1985, amending the education law relating to regents scho-
larships in certain professions, in relation to extending the effec-
tiveness of certain provisions thereof (Part O); to amend the educa-
tion law, in relation to the scholarship for academic excellence and
New York state math and science teaching incentive program (Part P);
to amend the education law, in relation to the definition of non-resi-
dent students for purposes of tuition charged by community colleges
(Part Q); to amend chapter 420 of the laws of 2002 amending the educa-
tion law relating to the profession of social work; and to amend chap-
ter 676 of the laws of 2002 amending the education law relating to
defining the practice of psychology, in relation to the professions of
social work and mental health practitioners (Part R); to amend the
education law and the public authorities law, in relation to the New
York higher education loan program (Part S); to amend the education
law, in relation to the New York state district attorney and indigent
legal services attorney loan forgiveness program (Part T); to amend
the education law, in relation to the optional retirement plan (Part
U); to amend the real property tax law, in relation to limiting school
tax relief (STAR) exemption benefit to certain home value (Part V); to
amend the real property tax law, in relation to the computation of the
school tax relief (STAR) exemption (Part W); to amend the state
finance law, the tax law and the administrative code of the city of
New York, in relation to the New York city personal income tax rates
(Part X); to amend the social services law, in relation to electronic
benefit transfer services (Part Y); to amend the social services law,
the family court act and the surrogate's court procedure act, in
relation to establishing a kinship guardianship assistance program
(Part Z); to amend the family court act, in relation to limiting
court-ordered child protective investigations to where there is a
reasonable suspicion of child abuse or neglect (Part AA); to amend the
family court act and the social services law, in relation to allowing
electronic court appearances (Part BB); to amend the social services
law, the family court act and the executive law, in relation to sexu-
ally exploited children (Part CC); in relation to fair share payments
by certain child care providers; and providing for the repeal of such
provisions upon expiration thereof (Part DD); to amend the social
S. 6607--A 4 A. 9707--A
services law, in relation to local mandate relief pertaining to chil-
dren and family services planning and to repeal subdivision 5 of
section 423 of such law relating to child protective services planning
(Part EE); to amend the executive law, in relation to reimbursement
for expenditures made by the office of children and family services
(Part FF); to amend the social services law, in relation to the stand-
ards of monthly need for needy persons in receipt of public assistance
(Part GG); to amend the social services law, in relation to increasing
the standards of monthly need for aged, blind and disabled persons
(Part HH); to amend the social services law, in relation to establish-
ing the amount of the additional state payment for persons eligible
for supplemental security income, clarifying the meaning of the term
standard of need for purposes of such payments, and authorizing the
office of temporary and disability assistance to provide additional
state payments (Part II); to amend the social services law, in
relation to the nutrition outreach and education program; and to
repeal certain provisions of the public health law relating thereto
(Part JJ); and to amend the tax law and the social services law, in
relation to the wage reporting system and providing for the repeal of
such provisions upon expiration thereof (Part KK)
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 2009-2010
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through KK. 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 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. Paragraph e of subdivision 1 of section 211-d of the
education law, as added by section 2-a of part A of chapter 57 of the
laws of 2009, 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 TEN--TWO THOUSAND ELEVEN 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
S. 6607--A 5 A. 9707--A
APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE FOR THE BASE
YEAR, MULTIPLIED BY THE DISTRICT'S GAP ELIMINATION ADJUSTMENT PERCENT-
AGE. FOR PURPOSES OF THIS PARAGRAPH, THE "GAP ELIMINATION ADJUSTMENT
PERCENTAGE" SHALL BE CALCULATED AS THE SUM OF ONE MINUS THE QUOTIENT OF
THE SCHOOL DISTRICT'S NET GAP ELIMINATION ADJUSTMENT AS COMPUTED PURSU-
ANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TEN ENACTED TO MAKE APPRO-
PRIATIONS FOR THE SUPPORT OF THE EDUCATION, LABOR, AND FAMILY ASSISTANCE
BUDGET, INCLUDING SUPPORT FOR GENERAL SUPPORT FOR PUBLIC SCHOOLS,
DIVIDED BY THE TOTAL AID FOR ADJUSTMENT COMPUTED PURSUANT TO A CHAPTER
OF THE LAWS OF TWO THOUSAND TEN ENACTED TO MAKE APPROPRIATIONS FOR THE
SUPPORT OF THE EDUCATION, LABOR, AND FAMILY 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 BASE YEAR OR TO SUPPORT NEW OR EXPANDED
ALLOWABLE PROGRAMS AND ACTIVITIES IN THE CURRENT YEAR.
S 2. The education law is amended by adding a new section 101-c to
read as follows:
S 101-C. COST-BENEFIT ANALYSIS FOR EDUCATION MANDATE. 1. DEFINITIONS.
FOR PURPOSES OF THIS SECTION:
A. "MANDATE" SHALL MEAN: ANY STATE LAW, RULE OR REGULATION THAT
REQUIRES ANY ENTITY OVERSEEN BY THE BOARD OF REGENTS TO: (I) PROVIDE OR
UNDERTAKE ANY PROGRAM; OR (II) INCREASE THE LEVEL OF SERVICE OF AN
EXISTING PROGRAM, PROJECT OR ACTIVITY; OR (III) THAT WOULD LIKELY HAVE
THE EFFECT OF RAISING PROPERTY TAXES.
B. "COST-BENEFIT ANALYSIS" SHALL MEAN A SPECIFIC DELINEATION OF THE
COSTS AND BENEFITS TO THE AFFECTED ENTITIES INCLUDING A QUANTIFICATION
OF THE IMPACT ON THE REVENUE AND EXPENDITURES OF SUCH ENTITIES, WHERE
SUCH IMPACT IS QUANTIFIABLE BASED ON AVAILABLE INFORMATION.
2. THE BOARD OF REGENTS SHALL NOT APPROVE, RECOMMEND, PROPOSE, PUBLISH
OR SUBMIT ANY LEGISLATION, RULE OR REGULATION OR POLICY DIRECTIVE
CONTAINING A MANDATE WITHOUT AN ACCOUNTING OF THE IMPACT OF SUCH MANDATE
ON THE AFFECTED ENTITIES, WHICH SHALL INCLUDE: A. THE FISCAL IMPACTS OF
SUCH MANDATE, B. A COST-BENEFIT ANALYSIS, C. DOCUMENTATION OF INPUT
SOUGHT AND RECEIVED BY AFFECTED ENTITIES, AND D. PROPOSED SOURCES OF
REVENUE TO FUND SUCH MANDATE. PRIOR TO THE FORMALIZATION OF ANY SUCH
PROPOSAL, SUCH ACCOUNTING SHALL BE PROVIDED IN WRITING TO THE GOVERNOR;
PROVIDED, HOWEVER, THAT IF SUCH PROPOSAL IS NECESSARY TO PROTECT AGAINST
AN IMMEDIATE THREAT TO PUBLIC HEALTH OR SAFETY, SUCH PROPOSAL MAY BE
FORMALIZED AND ADVANCED WITHOUT SUCH ACCOUNTING ONLY UPON THE APPROVAL
OF THE GOVERNOR OR HIS OR HER DESIGNEE, PROVIDED THAT SUCH ACCOUNTING
SHALL BE COMPLETED PROMPTLY THEREAFTER.
3. ANY PROPOSED BILL CONTAINING A MANDATE WHICH IS OFFERED BY THE
DEPARTMENT TO THE LEGISLATURE OR EXECUTIVE SHALL BE ACCOMPANIED BY A
LOCAL FISCAL IMPACT STATEMENT WHICH STATES, SO FAR AS POSSIBLE, SUCH
MANDATE'S ESTIMATED COST TO AFFECTED ENTITIES. SUCH STATEMENT SHALL
INCLUDE BUT NEED NOT BE LIMITED TO:
A. AN ESTIMATE OF THE PRESENT AND FUTURE COST OF COMPLIANCE WITH SUCH
MANDATE;
B. A DESCRIPTION OF THE METHODOLOGY USED TO ESTIMATE SUCH PRESENT AND
FUTURE COST IMPACTS;
C. A SUMMARY OF THE INPUT SOUGHT AND OBTAINED FROM THE AFFECTED ENTI-
TIES, OR WHERE A MANDATE WOULD BE APPLICABLE STATEWIDE, FROM ORGANIZA-
TIONS REPRESENTATIVE OF SUCH ENTITIES;
D. PROPOSED REVENUE SOURCES TO FUND SUCH MANDATE; AND
E. A COST-BENEFIT ANALYSIS OF SUCH MANDATE.
S. 6607--A 6 A. 9707--A
4. ON OR BEFORE DECEMBER FIRST, TWO THOUSAND TEN, THE BOARD OF REGENTS
SHALL REVIEW ITS REGULATIONS AND REPORT TO THE GOVERNOR, ON ANY PROPOSED
CHANGES TO SUCH REGULATIONS WHICH COULD REDUCE THE IMPACT OF EXISTING
MANDATES AND GENERATE PROPERTY TAX RELIEF FOR NEW YORK STATE PROPERTY
TAXPAYERS.
S 3. Subdivision 12 of section 273 of the education law, as amended by
section 4-a of part A of chapter 57 of the laws of 2009, is amended to
read as follows:
12. The commissioner is hereby authorized to expend in state fiscal
year two thousand six--two thousand seven three million dollars and in
state fiscal year two thousand seven--two thousand eight eight million
dollars and in state fiscal year two thousand eight--two thousand nine
seven million nine hundred forty thousand dollars and in state fiscal
year two thousand nine--two thousand ten eight million dollars AND IN
STATE FISCAL YEAR TWO THOUSAND TEN--TWO THOUSAND ELEVEN EIGHT MILLION
DOLLARS subject to an appropriation for formula grants to public library
systems, reference and research library resources systems, and school
library systems operating under an approved plan of service. Such formu-
la grants shall be provided for the period commencing July first and
ending on June thirtieth next following. Such formula grants will be
distributed in the following manner:
a. Each public library system established pursuant to sections two
hundred fifty-five and two hundred seventy-two of this part and operat-
ing under a plan approved by the commissioner is entitled to receive
thirty-nine thousand dollars and an amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for the current
year by such system under paragraphs a, c, d, e and n of subdivision one
of this section for the two thousand [nine] TEN--two thousand [ten]
ELEVEN state fiscal year;
b. Each reference and research library resources system established
pursuant to section two hundred seventy-two of this part and operating
under a plan approved by the commissioner is entitled to receive thir-
ty-nine thousand dollars and an amount equal to ten and ninety-four
hundredths percent of the amount of state aid received for the current
year under paragraph a of subdivision four of this section for the two
thousand [nine] TEN--two thousand [ten] ELEVEN state fiscal year; and
c. Each school library system established pursuant to section two
hundred eighty-two of this part and operating under a plan approved by
the commissioner is entitled to receive thirty-nine thousand dollars and
an amount equal to ten and ninety-four hundredths percent of the amount
of state aid received for the current year by such system under para-
graphs a, b, c, d, e and f of subdivision one of section two hundred
eighty-four of this part for the two thousand [nine] TEN--two thousand
[ten] ELEVEN state fiscal year.
S 3-a. Subdivision 1 of section 1104 of the education law, as amended
by chapter 53 of the laws of 1990, is amended to read as follows:
1. The commissioner [of education] in the annual apportionment of
public moneys shall apportion therefrom to each county maintaining
approved vocational education and extension work, a quota amounting to
one-half of the salary paid each teacher, director, assistant, and
supervisor, but not to exceed THE AMOUNT COMPUTED BY THE COMMISSIONER
BASED UPON AN ASSUMED ANNUALIZED SALARY EQUAL TO ten thousand five
hundred dollars PER SCHOOL YEAR on account of the employment of such
teacher, director, assistant or supervisor.
S 3-b. Section 1104 of the education law is amended by adding a new
subdivision 3 to read as follows:
S. 6607--A 7 A. 9707--A
3. FOR THE APPORTIONMENT PAYABLE PURSUANT TO THIS SECTION FOR SCHOOL
YEARS COMMENCING PRIOR TO JULY FIRST, TWO THOUSAND NINE, THE COMMISSION-
ER SHALL CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION
BOARD BASED ON A CLAIM SUBMITTED LATER THAN THREE YEARS AFTER THE CLOSE
OF THE SCHOOL YEAR IN WHICH SUCH PAYMENT WAS FIRST TO BE MADE. FOR
CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
NINE-TWO THOUSAND TEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL
CERTIFY NO PAYMENT TO A VOCATIONAL EDUCATION AND EXTENSION BOARD BASED
ON A CLAIM SUBMITTED LATER THAN ONE YEAR AFTER THE CLOSE OF SUCH SCHOOL
YEAR. PROVIDED, HOWEVER, NO PAYMENTS SHALL BE BARRED OR REDUCED WHERE
SUCH PAYMENT IS REQUIRED AS A RESULT OF A FINAL AUDIT OF THE STATE.
S 3-c. Section 1604 of the education law is amended by adding a new
subdivision 21-b to read as follows:
21-B. A. THE TRUSTEES ARE AUTHORIZED TO PROVIDE REGIONAL TRANSPORTA-
TION SERVICES BY RENDERING SUCH SERVICES JOINTLY WITH OTHER SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES. SUCH SERVICES
MAY INCLUDE PUPIL TRANSPORTATION BETWEEN HOME AND SCHOOL, TRANSPORTATION
DURING THE DAY TO AND FROM SCHOOL AND A SPECIAL EDUCATION PROGRAM OR
SERVICE OR A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
AN APPROVED SHARED PROGRAM AT ANOTHER SCHOOL DISTRICT, TRANSPORTATION
FOR FIELD TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES, AND COOPER-
ATIVE SCHOOL BUS MAINTENANCE.
B. THE TRUSTEES ARE AUTHORIZED TO ENTER INTO A CONTRACT WITH ANOTHER
SCHOOL DISTRICT, A COUNTY, MUNICIPALITY, OR THE STATE OFFICE OF CHILDREN
AND FAMILY SERVICES TO PROVIDE TRANSPORTATION FOR CHILDREN, INCLUDING
CONTRACTS TO PROVIDE SUCH TRANSPORTATION AS REGIONAL TRANSPORTATION
SERVICES, PROVIDED THAT THE CONTRACT COST IS APPROPRIATE. IN DETERMINING
THE APPROPRIATE TRANSPORTATION CONTRACT COST, THE TRANSPORTATION SERVICE
PROVIDER SCHOOL DISTRICT SHALL USE A CALCULATION CONSISTENT WITH REGU-
LATIONS ADOPTED BY THE COMMISSIONER FOR THE PURPOSE OF ASSURING THAT
CHARGES REFLECT THE TRUE COSTS THAT WOULD BE INCURRED BY A PRUDENT
PERSON IN THE CONDUCT OF A COMPETITIVE TRANSPORTATION BUSINESS.
S 4. Paragraphs g and h of subdivision 25 of section 1709 of the
education law, paragraph g as added by chapter 367 of the laws of 1979
and paragraph h as added by chapter 700 of the laws of 1993, are amended
to read as follows:
g. The board of education is authorized to provide regional transpor-
tation services by rendering such services jointly with other school
districts or boards of cooperative educational services. Such services
may include pupil transportation between home and school, TRANSPORTATION
DURING THE DAY TO AND FROM SCHOOL AND A SPECIAL EDUCATION PROGRAM OR
SERVICE OR A PROGRAM AT A BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
AN APPROVED SHARED PROGRAM AT ANOTHER SCHOOL DISTRICT, TRANSPORTATION
FOR FIELD TRIPS OR TO AND FROM EXTRACURRICULAR ACTIVITIES, and cooper-
ative school bus maintenance.
h. (I) The board of education is authorized to enter into a contract
with another school district, a county, municipality, or the state
[division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES to provide
transportation for children, INCLUDING CONTRACTS TO PROVIDE SUCH TRANS-
PORTATION AS REGIONAL TRANSPORTATION SERVICES, provided that the
contract cost is appropriate. In determining the appropriate transporta-
tion contract cost, the transportation service provider school district
shall use a calculation consistent with regulations adopted by the
commissioner for the purpose of assuring that charges reflect the true
costs that would be incurred by a prudent person in the conduct of a
competitive transportation business.
S. 6607--A 8 A. 9707--A
(II) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOURTEEN OF SECTION
THREE HUNDRED FIVE OF THIS CHAPTER, SECTION ONE HUNDRED THREE OF THE
GENERAL MUNICIPAL LAW, OR ANY OTHER PROVISION OF LAW TO THE CONTRARY,
THE BOARD OF EDUCATION SHALL BE AUTHORIZED TO ENTER INTO A SHARED TRANS-
PORTATION SERVICES CONTRACT WITH ANOTHER SCHOOL DISTRICT THAT TRANSPORTS
STUDENTS PURSUANT TO A CONTRACT WITH A PRIVATE TRANSPORTATION CONTRAC-
TOR, PROVIDED THAT THE BOARD FINDS THAT THE CONTRACT COST IS APPROPRIATE
AND ENTRY INTO A SHARED TRANSPORTATION SERVICES CONTRACT WILL RESULT IN
A COST SAVINGS TO THE SCHOOL DISTRICT. FOR PURPOSES OF THIS PARAGRAPH, A
"SHARED TRANSPORTATION SERVICES CONTRACT" MEANS A CONTRACT FOR THE
TRANSPORTATION OF STUDENTS THAT: (1) PROVIDES TRANSPORTATION TO A
LOCATION OUTSIDE THE STUDENTS' SCHOOL DISTRICT OF RESIDENCE TO WHICH
ANOTHER SCHOOL DISTRICT IS ALREADY PROVIDING TRANSPORTATION TO ITS OWN
STUDENTS THROUGH AN EXISTING CONTRACT WITH A PRIVATE TRANSPORTATION
CONTRACTOR, OTHER THAN A COOPERATIVELY BID CONTRACT; (2) IS ENTERED INTO
BY THE PRIVATE TRANSPORTATION CONTRACTOR AND EACH SCHOOL DISTRICT
INVOLVED; AND (3) PROVIDES FOR TRANSPORTATION IN ACCORDANCE WITH THE
TERMS AND CONDITIONS OF SUCH EXISTING TRANSPORTATION CONTRACT.
S 4-a. Subdivision 17 of section 1950 of the education law is
REPEALED.
S 5. Paragraph a of subdivision 4 of section 2023 of the education
law, as added by section 24 of part A of chapter 436 of the laws of
1997, is amended to read as follows:
a. The contingency budget shall not result in a percentage increase in
total spending over the district's total spending under the school
district budget for the prior school year that exceeds the lesser of:
(i) the result obtained when one hundred twenty percent is multiplied by
the percentage increase in the consumer price index, with the result
rounded to two decimal places, PROVIDED HOWEVER THAT THE RESULT OF SUCH
CALCULATION SHALL NOT BE LESS THAN ZERO; or (ii) four percent.
S 5-a. Section 2215 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. TO DETERMINE THE ADEQUACY AND APPROPRIATENESS OF THE FACILITIES
SPACE AVAILABLE TO HOUSE SPECIAL EDUCATION PROGRAMS IN THE GEOGRAPHIC
AREA SERVED BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES, CONSISTENT
WITH THE LEAST RESTRICTIVE ENVIRONMENT REQUIREMENT OF THE FEDERAL INDI-
VIDUALS WITH DISABILITIES EDUCATION ACT. A DETERMINATION OF ADEQUACY
SHALL BE BASED ON THE FOLLOWING FACTORS, INCLUDING BUT NOT LIMITED TO,
CURRENT AND FUTURE SPECIAL EDUCATION PROGRAM AND SERVICE NEEDS, ACCESSI-
BILITY TO GENERAL CURRICULUM, AND THE PROVISION OF SUCH SERVICES IN A
SETTING WITH NONDISABLED PEERS. IN THE EVENT THE SUPERINTENDENT DETER-
MINES THAT FACILITIES SPACE IS INADEQUATE AND ADDITIONAL SPACE IS
REQUIRED, THE SUPERINTENDENT SHALL REPORT HIS OR HER FINDINGS TO THE
COMMISSIONER IN A MANNER PRESCRIBED BY THE COMMISSIONER.
S 6. Subdivision 1 of section 2856 of the education law, as amended by
chapter 378 of the laws of 2007, paragraph (a) as amended by section 12
of part A of chapter 57 of the laws of 2009, is amended to read as
follows:
1. (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
S. 6607--A 9 A. 9707--A
charter school who resides in the school district the charter school
basic tuition, which shall be 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;
provided, however, that for the two thousand nine--two thousand ten AND
THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN school [year] YEARS, the char-
ter 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.
(b) The school district shall also pay directly to the charter school
any federal or state aid attributable to a student with a disability
attending charter school in proportion to the level of services for such
student with a disability that the charter school provides directly or
indirectly. Notwithstanding anything in this section to the contrary,
amounts payable pursuant to this subdivision from state or local funds
may be reduced pursuant to an agreement between the school and the char-
ter entity set forth in the charter. Payments made pursuant to this
subdivision shall be made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter until actual enroll-
ment data is reported to the school district by the charter school. Such
projections shall be reconciled with the actual enrollment as actual
enrollment data is so reported and at the end of the school's first year
of operation and each subsequent year based on a final report of actual
enrollment by the charter school, and any necessary adjustments result-
ing from such final report shall be made to payments during the school's
following year of operation.
(c) Notwithstanding any other provision of this subdivision to the
contrary, payment of the federal aid attributable to a student with a
disability attending a charter school shall be made in accordance with
the requirements of section 8065-a of title twenty of the United States
code and sections 76.785-76.799 and 300.209 of title thirty-four of the
code of federal regulations.
S 6-a. Subdivision 1 of section 2856 of the education law, as sepa-
rately amended by chapter 4 of the laws of 1998 and section 12 of part A
of chapter 57 of the laws of 2009, is amended to read as follows:
1. 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 an amount equal to one hundred
percent of the amount calculated pursuant to paragraph f of subdivision
one of section [thirty six] 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 calcu-
S. 6607--A 10 A. 9707--A
lated pursuant to subdivision eleven of section [thirty six] THIRTY-SIX
hundred two of this chapter from two years prior to the base year to the
base year; provided, however, that for the two thousand nine--two thou-
sand ten AND THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN school [year]
YEARS, 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. The school district shall also pay
directly to the charter school any federal or state aid attributable to
a student with a disability attending charter school in proportion to
the level of services for such student with a disability that the char-
ter school provides directly or indirectly. Notwithstanding anything in
this section to the contrary, amounts payable pursuant to this subdivi-
sion may be reduced pursuant to an agreement between the school and the
charter entity set forth in the charter. Payments made pursuant to this
subdivision shall be made by the school district in six substantially
equal installments each year beginning on the first business day of July
and every two months thereafter. Amounts payable under this subdivision
shall be determined by the commissioner. Amounts payable to a charter
school in its first year of operation shall be based on the projections
of initial-year enrollment set forth in the charter. Such projections
shall be reconciled with the actual enrollment at the end of the
school's first year of operation, and any necessary adjustments shall be
made to payments during the school's second year of operation.
S 7. Subparagraphs 1, 2 and 3 of paragraph n of subdivision 1 of
section 3602 of the education law, as amended by section 11 of part B of
chapter 57 of the laws of 2007, are amended to read as follows:
(1) "Enrollment" shall mean the unduplicated count of all children
registered to receive educational services in grades kindergarten
through twelve, including children in ungraded programs AND OTHER CHIL-
DREN ENTITLED TO ATTEND THE PUBLIC SCHOOLS WITHOUT THE PAYMENT OF
TUITION PURSUANT TO SECTION THIRTY-TWO HUNDRED TWO OF THIS CHAPTER, BUT
EXCLUDING FOUR YEAR OLD CHILDREN WHO BECOME FIVE YEARS OF AGE AFTER
DECEMBER THIRTY-FIRST OF THE CURRENT YEAR, as registered on the date
prior to November first that is specified by the commissioner as the
enrollment reporting date for the school district or nonpublic school,
as reported to the commissioner.
(2) "Public school district enrollment" shall mean THE ENROLLMENT OF
CHILDREN IN A PUBLIC SCHOOL DISTRICT, COMPUTED AS the sum of: (1) the
number of children on a regular enrollment register of a public school
district on such date; (2) the number of children eligible to receive
home instruction in the school district on such date; (3) the number of
children for whom equivalent attendance must be computed pursuant to
this subdivision on such date; (4) the number of children with disabili-
ties who are residents of such district who are registered on such date
to attend programs under the provisions of paragraph c of subdivision
two of section forty-four hundred one of this chapter; (5) the number of
children eligible to receive educational services on such date but not
claimed for aid pursuant to subdivision seven of section thirty-two
hundred two of this chapter; and (6) the number of children registered
on such date to attend programs (i) pursuant to subdivision two of
section three hundred fifty-five of this chapter or (ii) pursuant to an
agreement between the city school district of the city of New York and
Hunter College pursuant to section sixty-two hundred sixteen of this
chapter.
(3) "Nonpublic school enrollment" shall mean THE ENROLLMENT OF CHIL-
DREN IN A NONPUBLIC SCHOOL, COMPUTED AS the number of children on a
S. 6607--A 11 A. 9707--A
regular enrollment register of a nonpublic school meeting the compulsory
attendance law, excluding any child counted as part of the enrollment of
a public school district.
S 8. The opening paragraph and paragraphs a, b and b-1 of subdivision
4 of section 3602 of the education law, the opening paragraph, subpara-
graph 1 of paragraph a and paragraphs b and b-1 as amended by section 13
of part A of chapter 57 of the laws of 2009, paragraph a as amended by
section 14 of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
In addition to any other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined in
subdivision eight of section four thousand one of this chapter, shall be
eligible for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected foundation
aid, which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand seven--
two thousand eight through two thousand eight--two thousand nine and two
thousand eleven--two thousand twelve through [two thousand twelve--two
thousand thirteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school
years, no school district shall receive total foundation aid in excess
of the sum of the total foundation aid base for aid payable in the two
thousand seven--two thousand eight school year computed pursuant to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the phase-in foundation increase computed pursuant to paragraph b of
this subdivision, and provided further that total foundation aid shall
not be less than the product of the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section and one
hundred three percent, nor more than the product of such total founda-
tion aid base and one hundred fifteen percent, and provided further that
for the two thousand nine--two thousand ten [and two thousand ten--two
thousand eleven] THROUGH TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE school
years, each school district shall receive total foundation aid in an
amount equal to the amount apportioned to such school district for the
two thousand eight--two thousand nine school year pursuant to this
subdivision. Total aidable foundation pupil units shall be calculated
pursuant to paragraph g of subdivision two of this section. For the
purposes of calculating aid pursuant to this subdivision, aid for the
city school district of the city of New York shall be calculated on a
citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index) - expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose of such adjust-
ment, the percentage increase in the consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and provided further
that the foundation amount for the two thousand seven--two thousand
eight school year shall be five thousand two hundred fifty-eight
S. 6607--A 12 A. 9707--A
dollars, and provided further that for the two thousand seven--two thou-
sand eight through [two thousand twelve--two thousand thirteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school years, [such] THE founda-
tion amount shall be further adjusted by the phase-in foundation percent
established pursuant to paragraph b of this subdivision.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year. The selected actual valuation shall be calcu-
lated pursuant to paragraph c of subdivision one of this section. Total
S. 6607--A 13 A. 9707--A
wealth foundation pupil units shall be calculated pursuant to paragraph
h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the greater of (i) the positive difference, if any, of (A)
the product of the total aidable foundation pupil units multiplied by
the district's selected foundation aid less (B) the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section or (ii) the product of the phase-in
due-minimum percent multiplied by the total foundation aid base for aid
payable in the two thousand seven--two thousand eight school year
computed pursuant to subparagraph (i) of paragraph j of subdivision one
of this section.
(2) For the two thousand seven--two thousand eight school year, the
phase-in foundation percent shall equal one hundred seven and sixty-
eight hundredths percent (1.0768), the phase-in foundation increase
factor shall equal twenty percent (0.20), and the phase-in due-minimum
percent shall equal twelve and fifty-five hundredths percent (0.1255);
for the two thousand eight--two thousand nine school year, the phase-
in foundation percent shall equal one hundred five and twenty-six
hundredths percent (1.0526), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal twelve and fifty-five hundredths percent
(0.1255);
for the two thousand nine--two thousand ten school year, the phase-in
foundation percent shall equal one hundred two and five tenths percent
(1.025), the phase-in foundation increase factor shall equal thirty-sev-
en and one-half percent (0.375), and the phase-in due-minimum percent
shall equal twelve and fifty-five hundredths percent (0.1255)
for the two thousand ten--two thousand eleven school year, the phase-
in foundation percent shall equal [one hundred seven and sixty-eight
hundredths percent (1.0768)] ONE HUNDRED FOURTEEN AND TWENTY-SEVEN
HUNDREDTHS PERCENT (1.1427), the phase-in foundation increase factor
shall equal thirty-seven and one-half percent (0.375), and the phase-in
due-minimum percent shall equal [twelve and fifty-five hundredths
percent (0.1255)] TWENTY-TWO AND NINETY-NINE HUNDREDTHS PERCENT
(0.2299);
for the two thousand eleven--two thousand twelve school year, the
phase-in foundation percent shall equal [one hundred five and six
hundredths percent (1.0506)] ONE HUNDRED THIRTEEN AND FOURTEEN ONE
HUNDREDTHS PERCENT (1.1314), the phase-in foundation increase factor
shall equal [fifty-three and one-tenth percent (0.531)] THIRTY-SEVEN AND
ONE-HALF PERCENT (0.375), and the phase-in due-minimum percent shall
equal [twelve and fifty-five hundredths percent (0.1255)] TWENTY-TWO AND
NINETY-NINE HUNDREDTHS PERCENT (0.2299); [and]
for the two thousand twelve--two thousand thirteen school year, the
phase-in foundation percent shall equal [one hundred two and five
hundredths percent (1.0250)] ONE HUNDRED TEN AND THIRTY-EIGHT HUNDREDTHS
PERCENT (1.1038), the phase-in foundation increase factor shall equal
[seventy-five percent (0.75)] FORTY-THREE AND ONE-HALF PERCENT (0.435),
and the phase-in due-minimum percent shall equal [twelve and fifty-five
hundredths percent (0.1255)] TWENTY-TWO AND NINETY-NINE HUNDREDTHS
PERCENT (0.2299); AND
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED SEVEN AND
S. 6607--A 14 A. 9707--A
SIXTY-EIGHT HUNDREDTHS PERCENT (1.0768), THE PHASE-IN FOUNDATION
INCREASE FACTOR SHALL EQUAL FIFTY-THREE AND ONE-HALF PERCENT (0.535),
AND THE PHASE-IN DUE-MINIMUM PERCENT SHALL EQUAL TWENTY-TWO AND NINETY-
NINE HUNDREDTHS PERCENT (0.2299);
FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE
PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED FIVE AND SIX
HUNDREDTHS PERCENT (1.0506), THE PHASE-IN FOUNDATION INCREASE FACTOR
SHALL EQUAL SIXTY-SIX AND ONE-HALF PERCENT (0.665), AND THE PHASE-IN
DUE-MINIMUM PERCENT SHALL EQUAL TWENTY-TWO AND NINETY- NINE HUNDREDTHS
PERCENT (0.2299);
AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR,
THE PHASE-IN FOUNDATION PERCENT SHALL EQUAL ONE HUNDRED TWO AND FIVE
TENTHS PERCENT (1.0250), THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL
EQUAL EIGHTY-ONE AND ONE-HALF PERCENT (0.815), AND THE PHASE-IN DUE-MI-
NIMUM PERCENT SHALL EQUAL TWENTY-TWO AND NINETY-NINE HUNDREDTHS PERCENT
(0.2299).
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight through [two thousand thir-
teen--two thousand fourteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
school years, the additional amount payable to each school district
pursuant to this subdivision in the current year as total foundation
aid, after deducting the total foundation aid base, shall be deemed a
state grant in aid identified by the commissioner for general use for
purposes of sections seventeen hundred eighteen and two thousand twen-
ty-three of this chapter.
S 9. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 14 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
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 [and] THROUGH two
thousand [ten] ELEVEN--two thousand [eleven] TWELVE 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 10. Clause (ii) of subparagraph 5 of paragraph i of subdivision 6 of
section 3602 of the education law, as amended by section 1 of part F of
chapter 383 of the laws of 2001, is amended to read as follows:
(ii) notwithstanding any inconsistent provisions of this paragraph,
for aid payable in the two thousand two--two thousand three school year
and thereafter, approved expenditures for debt service for energy
performance contracts shall be based on assumed amortization where
required by paragraph e of this subdivision, AND PROVIDED FURTHER, THAT
APPROVED EXPENDITURES FOR DEBT SERVICE FOR ENERGY PERFORMANCE CONTRACTS
FOR PROJECTS APPROVED BY THE 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, AND/OR THE CHANCELLOR IN A
CITY SCHOOL DISTRICT IN A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, ON OR AFTER JULY FIRST, TWO THOUSAND TEN SHALL NOT BE ELIGIBLE FOR
AN ADDITIONAL APPORTIONMENT COMPUTED PURSUANT TO CLAUSE II OF SUBPARA-
GRAPH TWO OF PARAGRAPH B OF THIS SUBDIVISION.
S. 6607--A 15 A. 9707--A
S 11. Paragraph e of subdivision 6 of section 3602 of the education
law is amended by adding a new subparagraph 8 to read as follows:
(8) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO THE CONTRARY,
WHERE, DURING THE PERIOD OF ASSUMED AMORTIZATION RELATING TO A PROJECT
FOR THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
IMPROVEMENT OF A SCHOOL BUILDING, THE SCHOOL BUILDING IS SOLD OR OWNER-
SHIP IS OTHERWISE TRANSFERRED TO AN ENTITY OTHER THAN THE SCHOOL
DISTRICT OR CITY AND SUCH TRANSFER RESULTS IN THE BUILDING NO LONGER
BEING OPERATED BY THE SCHOOL DISTRICT AS A PUBLIC ELEMENTARY OR SECOND-
ARY SCHOOL THAT IS NOT INDEPENDENT OR AUTONOMOUS, THE DISTRICT SHALL,
WITHIN SIXTY DAYS OF THE TRANSFER OF OWNERSHIP, NOTIFY THE COMMISSIONER
OF SUCH SALE OR TRANSFER, AND SHALL PROVIDE SUCH ADDITIONAL INFORMATION
ABOUT THE SALE OR TRANSFER AS THE COMMISSIONER MAY REQUIRE, IN A FORM
PRESCRIBED BY THE COMMISSIONER, AND THE COMMISSIONER SHALL RE-COMPUTE
THE BUILDING AID, IF ANY, PAYABLE FOR SUCH PROJECT PURSUANT TO THIS
SUBPARAGRAPH, EXCEPT TO THE EXTENT SUCH RE-COMPUTATION WOULD CONFLICT
WITH THE PROVISIONS OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-TT OF
THE PUBLIC AUTHORITIES LAW. THE COMMISSIONER SHALL DEDUCT THE REVENUES
RECEIVED BY THE SCHOOL DISTRICT OR CITY AS A RESULT OF SUCH SALE OR
TRANSFER FROM THE APPROVED TOTAL PROJECT COST AND, BASED ON SUCH
ADJUSTED PROJECT COST, ESTABLISH A NEW ASSUMED AMORTIZATION FOR THE
REMAINING USEFUL LIFE OF THE PROJECT UNDER THE APPLICABLE PROVISIONS OF
THIS PARAGRAPH.
S 12. Subdivision 12 of section 3602 of the education law, as added by
section 19 of part B of chapter 57 of the laws of 2008, the closing
paragraph as added by section 18 of part A of chapter 57 of the laws of
2009, 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 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 pursuant 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 [act] ARTICLE, less (ii) the total foundation aid
base.
For the two thousand nine--two thousand ten [and] THROUGH two thousand
[ten] ELEVEN--two thousand [eleven] TWELVE 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 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", 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 13. Clause (d) of subparagraph 5 of paragraph e of subdivision 6 of
section 3602 of the education law, as added by section 55-a of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
(d) Notwithstanding any other law, rule or regulation to the contrary,
any interest rate calculated under this subdivision shall take into
account any federal subsidy payments made or to be made to the applica-
S. 6607--A 16 A. 9707--A
ble [issuer] 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 [such
issuer] 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 14. Paragraphs d and d-1 of subdivision 14 of section 3602 of the
education law, as added by section 17-a of part B of chapter 57 of the
laws of 2007, is amended to read as follows:
d. Incentive operating aid for reorganized districts. Notwithstanding
the provisions of paragraphs a through c of this subdivision, whenever
two or more school districts are scheduled for reorganization pursuant
to section three hundred fourteen of this chapter, and whenever after
July first, two thousand seven, all such school districts so scheduled
do reorganize in accordance with the provisions of such section three
hundred fourteen[, as amended by chapter seven hundred forty-five of the
laws of nineteen hundred sixty-five], and
(1) whenever such proposed reorganization includes at least two school
districts, each of which maintains its own high school, or
(2) where such proposed reorganization includes only one school
district maintaining its own high school, whenever in such case such
proposed reorganization, in addition to such school district maintaining
its own high school, includes at least nine other school districts, or
(3) whenever such proposed reorganization includes at least two
central school districts, or
(4) where such proposed reorganization includes at least one school
district maintaining its own high school and, in addition thereto,
includes at least one school district employing eight or more teachers,
or
(5) where such proposed reorganization includes a city school
district, and in addition thereto, includes at least seven other school
districts, or
(6) where such reorganization includes at least two school districts
employing eight or more teachers forming a central high school district
pursuant to section nineteen hundred thirteen of this chapter, such
reorganized district shall be entitled to an apportionment equal to an
additional percent of the [apportionment] SELECTED OPERATING AMOUNT
computed in accordance with the provisions of paragraph d-1 of this
subdivision; but in no case shall the sum of such apportionment under
this paragraph plus the selected operating [aid per pupil] AMOUNT be
more than a total of ninety-five per centum of the year prior to the
base year approved operating expense; for a period of five years begin-
ning with the first school year of operation as a reorganized district
such additional percent shall be forty percent; and thereafter such
additional forty percent apportionment to such district shall be reduced
by four percentage points each year, beginning with the sixth school
year of operation as a reorganized district, and continuing until such
additional forty percent apportionment is eliminated; provided, however,
that the total apportionment to such reorganized district, beginning
with the first school year of operation as a reorganized district, and
for a period of fifteen years thereafter, shall be not less than the sum
of all apportionments computed in accordance with the provisions of this
paragraph plus the apportionment computed in accordance with the
provisions of paragraph d-1 of this subdivision that each component
school district was entitled to receive and did receive during the last
school year preceding such first year of operation. In the event a
S. 6607--A 17 A. 9707--A
school district is eligible for incentive operating aid and again reor-
ganizes pursuant to a new plan or reorganization established by the
commissioner, and where such new reorganization is again eligible for
incentive operating aid, the newly created school district shall be
entitled to receive incentive operating aid pursuant to the provisions
of this paragraph, based on all school districts included in any such
reorganization, provided, however, that incentive operating aid payments
due because of any such former reorganization shall cease.
d-1. For purposes of paragraph d of this subdivision, "selected oper-
ating [aid per pupil] AMOUNT shall mean the [apportionment] PRODUCT
computed for the 2006-07 school year, based on data on file with the
commissioner as of the date upon which an electronic data file was
created for the purposes of compliance with paragraph b of subdivision
twenty-one of section three hundred five of this chapter on February
fifteenth, [as] OF: the product of (i) the state sharing ratio calcu-
lated pursuant to paragraph g of subdivision three of this section and
(ii) the sum of $3,900 and the product of (a) the lesser of $8,000 or
the expense per pupil as defined in subdivision one of this section
minus $3,900 and (b) the greater of the quotient, computed to four deci-
mals without rounding, of .075 divided by the school district combined
wealth ratio calculated pursuant to paragraph c of subdivision three of
this section or 7.5 percent, but not less than $400[, and the selected
apportionment shall mean the product of] MULTIPLIED BY the district's
total aidable pupil units calculated pursuant to subdivision two of this
section [and the selected operating aid per pupil as calculated pursuant
to the provisions contained herein].
S 15. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 19 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, 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 [and] THROUGH two thousand [ten] ELEVEN--two thousand
[eleven] TWELVE 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 thousand nine--two thousand ten school year
and entitled "SA0910".
S 16. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 57 of the
laws of 2009, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten [and two thousand ten--two thousand eleven] THROUGH TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE school years, each school district
S. 6607--A 18 A. 9707--A
shall be eligible for a maximum grant equal to the amount computed for
such school district for the base year in the electronic data file
produced by the commissioner in support of the two thousand nine--two
thousand ten education, labor and family assistance budget, provided,
however, that in the case of a district implementing [programs for the
first time or implementing] expansion programs in the two thousand
eight--two thousand nine school year where such programs operate for a
minimum of ninety days in any one school year as provided in section
151-1.4 of the regulations of the commissioner, such school district
shall be eligible for a maximum grant equal to the amount THAT WOULD
HAVE BEEN computed pursuant to paragraph a of subdivision nine of this
section in the two thousand eight--two thousand nine school year IF THE
AIDABLE PREKINDERGARTEN PUPILS SERVED BY SUCH EXPANSION PROGRAMS HAD
BEEN SERVED BY FULL-YEAR PROGRAMS IN THE TWO THOUSAND EIGHT--TWO THOU-
SAND NINE SCHOOL YEAR, and provided further that the maximum grant shall
not exceed the total actual grant expenditures incurred by the school
district in the current school year as approved by the commissioner.
S 17. Subdivisions 7 and 8 of section 3604 of the education law,
subdivision 7 as amended by section 31 of part B of chapter 57 of the
laws of 2007 and subdivision 8 as amended by section 46 of part H of
chapter 83 of the laws of 2002, are amended to read as follows:
7. No district shall be entitled to any portion of such school moneys
on such apportionment unless the report of the trustees or board of
education for the preceding school year shall show that the public
schools were actually in session in the district and taught by a quali-
fied teacher or by successive qualified teachers or by qualified teach-
ers for not less than one hundred eighty days, WHICH FOR GRADES KINDER-
GARTEN THROUGH TWELVE SHALL BE ONE OR BEFORE. The moneys payable to a
school district pursuant to section thirty-six hundred nine-a of this
[chapter] PART in the current year shall be reduced by one one-hundred
eightieth of the district's total foundation aid for each day less than
one hundred eighty days that the schools of the district were actually
in session, except that the commissioner may disregard such reduction,
up to five days, in the apportionment of public money, if he finds that
the schools of the district were not in session for one hundred eighty
days because of extraordinarily adverse weather conditions, impairment
of heating facilities, insufficiency of water supply, shortage of fuel,
lack of electricity, natural gas leakage, unacceptable levels of chemi-
cal substances, or the destruction of a school building either in whole
or in part, and if, further, the commissioner finds 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 sched-
uled regents examination day in June, and for the elementary grades all
scheduled vacation days which occur prior to the last scheduled regents
examination day in June. For the purposes of this subdivision, "sched-
uled 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.
8. No school shall be in session on a Saturday or a legal holiday,
except general election day, Washington's birthday and Lincoln's birth-
day, and except that driver education classes may be conducted on a
Saturday. A deficiency not exceeding [three] FOUR days during any school
year caused by teachers' attendance upon conferences held by superinten-
dents of schools of city school districts or other school districts
employing superintendents of schools shall be excused by the commission-
er, provided however, notwithstanding any other provision of law, that
S. 6607--A 19 A. 9707--A
[during the nineteen hundred ninety-two--ninety-three through the two
thousand two--two thousand three school years and thereafter, the
commissioner shall excuse a deficiency not exceeding four days during
such school year caused by teachers' attendance upon conferences held by
such superintendents] SUCH CONFERENCES SHALL BE HELD FOR SECONDARY
TEACHERS BETWEEN TWO WEEKS PRIOR TO THE OPENING OF CLASSES AND THE FIRST
DAY OF THE JUNE REGENTS EXAMINATION PERIOD, AND FOR ELEMENTARY TEACHERS
BETWEEN TWO WEEKS PRIOR TO THE OPENING OF CLASSES AND THE LAST DAY OF
THE JUNE REGENTS EXAMINATION PERIOD, AND, provided that at least two
such conference days during such school year shall be dedicated to staff
attendance upon conferences providing staff development relating to
implementation of the new high learning standards and assessments, as
adopted by the board of regents. Notwithstanding any other provision of
law, rule or regulation to the contrary, school districts may elect to
use one or more of such allowable conference days in units of not less
than one hour each to provide staff development activities relating to
implementation of the new high learning standards and assessments. A
district making such election may provide such staff development during
the regularly scheduled daily session and apply such units to satisfy a
deficiency in the length of one or more daily sessions of instruction
for pupils as specified in regulations of the commissioner. The commis-
sioner shall assure that such conference days include appropriate school
violence prevention and intervention training, and may require that up
to one such conference day be dedicated for such purpose.
S 18. Paragraphs a and b of subdivision 5 of section 3604 of the
education law, paragraph a as amended by chapter 161 of the laws of 2005
and paragraph b as amended by section 59 of part A of chapter 436 of the
laws of 1997, are amended to read as follows:
a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school district has
been apportioned less money than that to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to the general
fund local assistance account for state aid to the schools, or may
deduct such amount from the next apportionment to be made to said
district, provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that such excess
payments be recovered by deducting such excess payments from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that there shall be no
interest penalty assessed against such district or collected by the
state. Such request shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be based on documentation
that the total amount to be recovered is in excess of one percent of the
district's total general fund expenditures for the preceding school
year. The amount to be deducted in the first year shall be the greater
of (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the preced-
ing school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the product
of the district's total general fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
S. 6607--A 20 A. 9707--A
payments. The amount to be recovered in the second year shall equal the
lesser of the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount of such
excess payments shall be recovered in the third year. Provided further
that, notwithstanding any other provisions of this subdivision, any
pending payment of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid claims
that had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which recovery of
excess payments is to be made pursuant to this paragraph, shall be
reduced at the time of actual payment by any remaining unrecovered
balance of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be reduced by
the commissioner to reflect the amount so recovered. [The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which such
payment was first to be made. For claims for which payment is first to
be made in the nineteen hundred ninety-six--ninety-seven school year,
the commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close of such school
year.] For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND NINE--TWO
THOUSAND TEN school year [and thereafter], the commissioner shall certi-
fy no payment to a school district based on a claim submitted later than
one year after the close of such school year. FOR CLAIMS FOR WHICH
PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND NINE--TWO THOUSAND TEN
SCHOOL YEAR, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
DISTRICT IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA
FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO
THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND ENTITLED "BT101-1".
FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER
SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS
PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED
BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST, AND SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A
CLAIM SUBMITTED LATER THAN THE DATE UPON WHICH AN ELECTRONIC DATA FILE
WAS CREATED FOR THE PURPOSES OF COMPUTING THE JUNE AMOUNT PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART. Provided, however, no payments shall be
barred or reduced where such payment is required as a result of a final
audit of the state. [It is further provided that, until June thirtieth,
nineteen hundred ninety-six, the commissioner may grant a waiver from
the provisions of this section for any school district if it is in the
best educational interests of the district pursuant to guidelines devel-
oped by the commissioner and approved by the director of the budget.]
b. Claims resulting from court orders or judgments. [Any] FOR CLAIMS
FOR WHICH PAYMENT IS FIRST TO BE MADE PRIOR TO THE TWO THOUSAND
NINE--TWO THOUSAND TEN SCHOOL YEAR, ANY payment which would be due as
the result of a court order or judgment shall not be barred, provided
that, commencing January first, nineteen hundred ninety-six, such court
order or judgment and any other data required shall be filed with the
comptroller within one year from the date of the court order or judg-
S. 6607--A 21 A. 9707--A
ment, and provided further that the commissioner shall certify no
payment to a school district for a specific school year that is based on
a claim that results from a court order or judgement so filed with the
comptroller unless the total value of such claim, as determined by the
commissioner, is greater than one percent of the school district's total
revenues from state sources as previously recorded in the general fund
and reported to the comptroller in the annual financial report of the
school district for such school year.
S 19. The opening paragraph of section 3609-a of the education law, as
amended by section 22 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight [school
year and thereafter], TWO THOUSAND EIGHT--TWO THOUSAND NINE, AND TWO
THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEARS, "moneys apportioned" shall
mean the lesser of (i) the sum of one hundred percent of the respective
amount set forth for each school district as payable pursuant to this
section in the school aid computer listing for the current year produced
by the commissioner in support of the budget which includes the appro-
priation for the general support for public schools for the prescribed
payments and individualized payments due prior to April first for the
current year plus the apportionment payable during the current school
year pursuant to subdivision six-a and subdivision fifteen of section
thirty-six hundred two of this part minus any reductions to current year
aids pursuant to subdivision seven of section thirty-six hundred four of
this part or any deduction from apportionment payable pursuant to this
chapter for collection of a school district basic contribution as
defined in subdivision eight of section forty-four hundred one of this
chapter, less any grants provided pursuant to subparagraph two-a of
paragraph b of subdivision four of section ninety-two-c of the state
finance law, less any grants provided pursuant to subdivision twelve of
section thirty-six hundred forty-one of this article, or (ii) the appor-
tionment calculated by the commissioner based on data on file at the
time the payment is processed; provided however, that for the purposes
of any payments made pursuant to this section prior to the first busi-
ness day of June of the current year, moneys apportioned shall not
include any aids payable pursuant to subdivisions six and fourteen, if
applicable, of section thirty-six hundred two of this part as current
year aid for debt service on bond anticipation notes and/or bonds first
issued in the current year or any aids payable for full-day kindergarten
for the current year pursuant to subdivision nine of section thirty-six
hundred two of this part. The definitions of "base year" and "current
year" as set forth in subdivision one of section thirty-six hundred two
of this part shall apply to this section. For aid payable in the two
thousand nine--two thousand ten school year, reference to such "school
aid computer listing for the current year" shall mean the printouts
entitled "SA0910". FOR AID PAYABLE IN THE TWO THOUSAND TEN--TWO THOU-
SAND ELEVEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN
THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE
AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS
SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH
INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS
FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO
APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING
THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO
S. 6607--A 22 A. 9707--A
CURRENT YEAR AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX
HUNDRED FOUR OF THIS PART OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE
PURSUANT TO THIS CHAPTER FOR COLLECTION OF A SCHOOL DISTRICT BASIC
CONTRIBUTION AS DEFINED IN SUBDIVISION EIGHT OF SECTION FORTY-FOUR
HUNDRED ONE OF THIS CHAPTER, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBPARAGRAPH TWO-A OF PARAGRAPH B OF SUBDIVISION FOUR OF SECTION NINE-
TY-TWO-C OF THE STATE FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION TWELVE OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTI-
CLE; OR (II) THE APPORTIONMENT CALCULATED BY THE COMMISSIONER BASED ON
DATA ON FILE AT THE TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER,
THAT FOR THE PURPOSES OF ANY PAYMENTS MADE PURSUANT TO THIS SECTION
PRIOR TO THE FIRST BUSINESS DAY OF JUNE OF THE CURRENT YEAR, MONEYS
APPORTIONED SHALL NOT INCLUDE ANY AIDS PAYABLE PURSUANT TO SUBDIVISIONS
SIX AND FOURTEEN, IF APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF
THIS PART AS CURRENT YEAR AID FOR DEBT SERVICE ON BOND ANTICIPATION
NOTES AND/OR BONDS FIRST ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE
FOR FULL-DAY KINDERGARTEN FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION
NINE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART. THE DEFINITIONS OF
"BASE YEAR" AND "CURRENT YEAR" AS SET FORTH IN SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART SHALL APPLY TO THIS SECTION.
S 20. Subdivision 1 of section 3609-a of the education law is amended
by adding a new paragraph e to read as follows:
E. GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND TEN--TWO THOUSAND ELEV-
EN. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER SHALL REDUCE PAYMENTS DUE TO EACH DISTRICT FOR THE TWO
THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THIS SECTION
BY AN AMOUNT EQUAL TO THE GAP ELIMINATION ADJUSTMENT COMPUTED FOR SUCH
DISTRICT, AND SUCH AMOUNT SHALL BE DEDUCTED FROM MONEYS APPORTIONED FOR
THE PURPOSES OF PAYMENTS MADE PURSUANT TO THIS SECTION AND IF THE
REDUCTION IS GREATER THAN THE SUM OF THE AMOUNTS AVAILABLE FOR SUCH
DEDUCTIONS, THE REMAINDER OF THE REDUCTION SHALL BE WITHHELD FROM
PAYMENTS SCHEDULED TO BE MADE TO THE DISTRICT PURSUANT TO THIS SECTION
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR, AND
PROVIDED FURTHER THAT AN AMOUNT EQUAL TO THE AMOUNT OF SUCH DEDUCTION
SHALL BE DEEMED TO HAVE BEEN PAID TO THE DISTRICT PURSUANT TO THIS
SECTION FOR THE SCHOOL YEAR IN WHICH SUCH DEDUCTION IS MADE. THE COMMIS-
SIONER SHALL COMPUTE SUCH GAP ELIMINATION ADJUSTMENT AND SHALL PROVIDE A
SCHEDULE OF SUCH REDUCTION IN PAYMENTS TO THE STATE COMPTROLLER, THE
DIRECTOR OF THE BUDGET, THE CHAIR OF THE SENATE FINANCE COMMITTEE AND
THE CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE.
(2) THE GAP ELIMINATION ADJUSTMENT FOR TWO THOUSAND TEN--TWO THOUSAND
ELEVEN SCHOOL YEAR SHALL BE COMPUTED AS FOLLOWS, BASED ON DATA USED BY
THE COMMISSIONER FOR THE PURPOSES OF PRODUCING A SCHOOL AID COMPUTER
LISTING IN SUPPORT OF THE EXECUTIVE BUDGET PROPOSAL FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL YEAR AND ENTITLED "BT101-1".
(I) THE PERCENTAGE REDUCTION SHALL BE THE SUM OF (A) THE PRODUCT OF
THE TOTAL AID FOR ADJUSTMENT, MULTIPLIED BY FIVE AND FIVE-TENTHS PERCENT
(0.055), AND (B) THE PRODUCT OF THREE THOUSAND ONE HUNDRED TWENTY-ONE
DOLLARS ($3,121.00) MULTIPLIED BY THE REDUCTION FACTOR, MULTIPLIED BY
THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE BASE YEAR COMPUTED PURSU-
ANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF SUCH
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, PROVIDED, HOWEVER, THAT
SUCH PERCENTAGE REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF EIGHT
PERCENT (0.08) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE
THAN THE PRODUCT OF TWENTY-ONE PERCENT (0.21) MULTIPLIED BY SUCH TOTAL
AID FOR ADJUSTMENT.
S. 6607--A 23 A. 9707--A
(II) THE TAX EFFORT REDUCTION SHALL BE THE PRODUCT OF THE TOTAL AID
FOR ADJUSTMENT, MULTIPLIED BY THE QUOTIENT OF TWENTY-ONE PERCENT (0.21)
DIVIDED BY THE QUOTIENT OF THE TAX EFFORT RATIO DIVIDED BY THREE AND
FIVE TENTHS PERCENT (0.035), PROVIDED, HOWEVER, THAT SUCH TAX EFFORT
REDUCTION SHALL NOT BE LESS THAN THE PRODUCT OF TEN PERCENT (0.1) MULTI-
PLIED BY SUCH TOTAL AID FOR ADJUSTMENT, AND NOT MORE THAN THE PRODUCT OF
TWENTY-ONE PERCENT (0.21) MULTIPLIED BY SUCH TOTAL AID FOR ADJUSTMENT.
(III) THE TGFE CHECK SHALL BE THE PRODUCT OF THE TGFE PERCENTAGE AND
THE TOTAL GENERAL FUND EXPENDITURES OF SUCH DISTRICT IN THE BASE YEAR.
(IV) THE ADMINISTRATIVE EFFICIENCY OFFSET SHALL BE THE PRODUCT OF
EIGHTY DOLLARS ($80.00), MULTIPLIED BY THE STATE SHARING RATIO, MULTI-
PLIED BY THE TOTAL AIDABLE FOUNDATION PUPIL UNITS.
THE GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL (A) THE
DISTRICT'S PERCENTAGE REDUCTION, PROVIDED, HOWEVER, THAT IN THE CASE OF
A DISTRICT WITH A TAX EFFORT RATIO GREATER THAN THREE AND ONE-HALF
PERCENT (0.035) AND A COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID
THAT IS LESS THAN FOUR (4.0), THE GAP ELIMINATION ADJUSTMENT FOR A
DISTRICT SHALL EQUAL THE LESSER OF THE PERCENTAGE REDUCTION AND THE TAX
EFFORT REDUCTION, AND FURTHER PROVIDED, (B) IN THE CASE OF A DISTRICT
DETERMINED TO BE A HIGH NEED SCHOOL DISTRICT PURSUANT TO CLAUSE (C) OF
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS PART 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 GAP
ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE LESSER OF THE TGFE
CHECK AND THE GAP ELIMINATION ADJUSTMENT SELECTED PURSUANT TO SUBCLAUSE
(A) OF THIS CLAUSE, AND FURTHER PROVIDED THAT IN THE CASE OF A SCHOOL
DISTRICT, OTHER THAN A CITY SCHOOL DISTRICT OF A CITY HAVING A POPU-
LATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND, WITH AN ADMINIS-
TRATIVE EFFICIENCY RATIO OF LESS THAN TWO PERCENT (0.02), THE GAP ELIMI-
NATION ADJUSTMENT SHALL BE REDUCED BY AN AMOUNT EQUAL TO THE
ADMINISTRATIVE EFFICIENCY OFFSET.
(3) THE NET GAP ELIMINATION ADJUSTMENT FOR A DISTRICT SHALL EQUAL THE
PRODUCT OF THE GAP ELIMINATION ADJUSTMENT COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF THIS PARAGRAPH, MULTIPLIED BY SIXTY-SIX AND FOUR HUNDRED
SEVENTY-NINE TEN-THOUSANDTHS PERCENT (0.660479).
(4) FOR THE PURPOSES OF SUCH COMPUTATION, (I) "TOTAL AID FOR ADJUST-
MENT" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH FOR EACH SCHOOL
DISTRICT AS "FOUNDATION AID", "FULL DAY K CONVERSION", "BOCES + SPECIAL
SERVICES", "PUBLIC HIGH COST SPECIAL EDN", "PRIVATE SPECIAL EDUCATION",
"HARDWARE & TECHNOLOGY", "SOFTWARE, LIBRARY, TEXTBOOK", "TRANSPORTATION
INCL SUMMER", "OPERATING REORG INCENTIVE", "CHARTER SCHOOL TRANSI-
TIONAL", "ACADEMIC ENHANCEMENT", "HIGH TAX AID" AND "SUPPLEMENTAL PUB
SPECIAL EDN" UNDER THE HEADING "2010-11 ESTIMATED AIDS" IN THE SCHOOL
AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE
EXECUTIVE BUDGET PROPOSAL FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN
SCHOOL YEAR AND ENTITLED "BT101-1", AND
(II) "THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT" SHALL
MEAN THE QUOTIENT OF (A) THE SUM OF THE NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ATTENDING THE PUBLIC SCHOOLS OF THE DISTRICT WHO HAVE
APPLICATIONS ON FILE OR WHO ARE LISTED ON A DIRECT CERTIFICATION LETTER
CONFIRMING THEIR ELIGIBILITY FOR PARTICIPATION IN THE STATE AND FEDER-
ALLY FUNDED FREE AND REDUCED PRICE LUNCH PROGRAM ON THE DATE ENROLLMENT
WAS COUNTED IN ACCORDANCE WITH THIS SUBDIVISION FOR THE YEAR PRIOR TO
THE BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR TWO YEARS PRIOR TO THE
S. 6607--A 24 A. 9707--A
BASE YEAR, PLUS SUCH NUMBER OF ELIGIBLE APPLICANTS FOR THE FREE AND
REDUCED PRICE LUNCH PROGRAM COMPUTED FOR THE YEAR THREE YEARS PRIOR TO
THE BASE YEAR, DIVIDED BY (B) THE SUM OF THE NUMBER OF PUPILS IN KINDER-
GARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC
SCHOOL DISTRICT ON THE DATE ENROLLMENT WAS COUNTED IN ACCORDANCE WITH
THIS SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER
OF PUPILS IN KINDERGARTEN THROUGH GRADE SIX ON A REGULAR ENROLLMENT
REGISTER OF A PUBLIC SCHOOL DISTRICT COMPUTED FOR THE YEAR TWO YEARS
PRIOR TO THE BASE YEAR, PLUS SUCH NUMBER OF PUPILS IN KINDERGARTEN
THROUGH GRADE SIX ON A REGULAR ENROLLMENT REGISTER OF A PUBLIC SCHOOL
DISTRICT COMPUTED FOR THE YEAR THREE YEARS PRIOR TO THE BASE YEAR, AND
(III) "TOTAL AIDABLE FOUNDATION PUPIL UNITS" SHALL MEAN THE TOTAL
AIDABLE FOUNDATION PUPIL UNITS COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION TWO OF SUCH SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, AND
(IV) "COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID" SHALL MEAN THE
COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS PART, AND
(V) "THE STATE SHARING RATIO" SHALL MEAN THE STATE SHARING RATIO
COMPUTED FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, BUT
NOT LESS THAN TEN PERCENT (0.10), AND
(VI) "TAX EFFORT RATIO" SHALL MEAN THE TAX EFFORT RATIO COMPUTED
PURSUANT TO SUBPARAGRAPH THREE OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, AND
(VII) "REDUCTION FACTOR" SHALL MEAN THE PRODUCT OF THE POSITIVE
REMAINDER OF ONE LESS THE THREE-YEAR AVERAGE FREE AND REDUCED PRICE
LUNCH PERCENT, MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDA-
TION AID, AND
(IX) "ADMINISTRATIVE EFFICIENCY RATIO" SHALL MEAN THE QUOTIENT OF THE
SUM OF THE EXPENDITURES RELATED TO THE BOARD OF EDUCATION, INCLUDING
EXPENDITURES FOR THE BOARD OF EDUCATION, THE DISTRICT CLERK'S OFFICE,
THE DISTRICT MEETING, AUDITING SERVICE, THE TREASURER'S OFFICE, THE TAX
COLLECTOR'S OFFICE, LEGAL SERVICES AND THE SCHOOL CENSUS, PLUS EXPENDI-
TURES FOR CENTRAL ADMINISTRATION, INCLUDING EXPENDITURES FOR THE CHIEF
SCHOOL OFFICER, THE BUSINESS OFFICE, THE PURCHASING OFFICE, THE PERSON-
NEL OFFICE, THE RECORDS MANAGEMENT OFFICER, PUBLIC INFORMATION AND
SERVICES AND FEES FOR FISCAL AGENTS, DIVIDED BY THE TOTAL EXPENDITURES
CHARGED BY A DISTRICT TO THE GENERAL, DEBT SERVICE, AND SPECIAL AID
FUNDS, EXCLUDING TRANSFERS FROM THE GENERAL FUND TO THE DEBT SERVICE AND
SPECIAL AID FUNDS, BASED ON EXPENDITURES REPORTED BY THE DISTRICT FOR
THE SCHOOL YEAR TWO YEARS PRIOR TO THE BASE YEAR BASED ON DATA ON FILE
FOR AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER
LISTING PRODUCED BY THE COMMISSION IN SUPPORT OF THE EXECUTIVE BUDGET
REQUEST, AND
(X) "TGFE PERCENTAGE" SHALL MEAN, FOR A SCHOOL DISTRICT WHICH HAS A
THREE-YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT GREATER THAN
SEVENTY-FIVE PERCENT (0.75) AND WHICH HAS AN ADMINISTRATIVE EFFICIENCY
RATIO LESS THAN ONE AND ONE-HALF PERCENT (0.015), THREE AND SIX-TENTHS
PERCENT (0.036) AND FOR ALL OTHER SCHOOL DISTRICTS, FIVE PERCENT (0.05).
S 21. Paragraph e of subdivision 1 of section 3609-e of the education
law, as added by section 34 of part B of chapter 57 of the laws of 2007,
is amended to read as follows:
e. "Tax rate" shall mean the amount computed by dividing a school
district's total revenues from real property and non-property tax levies
for the base year levied for school purposes exclusive of library
S. 6607--A 25 A. 9707--A
purposes plus any payments in lieu of taxes received pursuant to section
four hundred eighty-five of the real property tax law and exclusive of
any balances in excess of six percent of general fund expense remaining
in the general fund of the district at the end of the base year, by such
district's actual valuation as defined in subdivision one of section
thirty-six hundred two of this [article] PART including any actual valu-
ation equivalent of payments in lieu of taxes determined pursuant to
section four hundred eighty-five of the real property tax law, provided,
however, that in the instance of a fiscally dependent city school
district, the tax rate shall be computed by dividing (i) such district's
total general fund [expenditures, plus inter-fund transfers outgoing
from the general fund, and plus general fund reserve expenditures]
REVENUES, less any and all general fund non-tax revenue of such city
school district which has been paid and identified by an original payer
as being specifically on behalf of such city school district, and less
any and all non-tax revenue of the city upon which such city school
district is fiscally dependent which has been paid and identified by an
original payer as being specifically on behalf of such city school
district but which has not been identified as revenue of such city
school district, and less any and all other general fund revenues of
such city school district which are determined by the commissioner to be
non-tax revenue of the city upon which such city school district is
fiscally dependent, by (ii) such district's actual valuation as defined
in subdivision one of such section thirty-six hundred two. Revenues
raised by a school district in support of a central high school district
shall be included in the revenue of the district raising such revenue,
and no local revenue shall be attributed to such central high school
districts. Such tax rate shall be computed to five decimals without
rounding and shall be multiplied by one thousand to be expressed in
mills.
S 22. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 28 of part A of chapter 57 of the laws of
2009, 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 nine--two thousand ten] TWO THOUSAND TEN--TWO THOUSAND ELEVEN.
S 22-a. Subdivision 4 of section 3622-a of the education law, as
amended by section 47 of part A of chapter 60 of the laws of 2000, is
amended and a new subdivision 8 is added to read as follows:
4. Out-of-district transportation to AND FROM nonpublic elementary or
[high] SECONDARY schools;
S. 6607--A 26 A. 9707--A
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, ANY
AIDABLE REGULAR TRANSPORTATION AS DEFINED IN THIS SECTION MAY BE
PROVIDED AS PART OF A JOINT OR REGIONAL TRANSPORTATION SYSTEM.
S 23. Paragraph a of subdivision 3 of section 3641 of the education
law, as amended by section 31 of part A of chapter 57 of the laws of
2009, is amended to read as follows:
a. In addition to apportionments otherwise provided by section thir-
ty-six hundred two of this article, for aid payable in the two thousand
eight--two thousand nine [and], two thousand nine--two thousand ten AND
TWO THOUSAND TEN--TWO THOUSAND ELEVEN school years, the amounts speci-
fied in paragraphs c and d of this subdivision shall be paid for the
purpose of providing additional funding for school districts which have
experienced a significant financial hardship caused by an extraordinary
change in the taxable property valuation or extraordinary judgments
resulting from tax certiorari proceedings.
S 24. Paragraph b of subdivision 11 of section 3641 of the education
law, as amended by chapter 9 of the laws of 2008, is amended to read as
follows:
b. To the Roosevelt union free school district FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN AND TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
SCHOOL YEARS there shall be paid [twelve] SIX million dollars
[($12,000,000)] ($6,000,000) on an annual basis, AND FOR THE TWO THOU-
SAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR AND THEREAFTER THERE
SHALL BE PAID TWELVE MILLION DOLLARS ($12,000,000) ON AN ANNUAL BASIS.
For school years commencing on July first, two thousand seven and there-
after, such special academic improvement grant shall be payable from
funds appropriated for such purpose and shall be apportioned to the
Roosevelt union free school district in accordance with the payment
schedules contained in section three thousand six hundred nine-a of this
article, notwithstanding any provision of law to the contrary.
S 24-a. Subparagraphs 5 and 7 of paragraph b of subdivision 1 of
section 4402 of the education law, subparagraph 5 as amended by chapter
256 of the laws of 1988 and subparagraph 7 as amended by chapter 194 of
the laws of 1991, are amended to read as follows:
(5) The committee on special education or, in the case of a state
operated school, the multidisciplinary team shall [provide written
notice that a child who is placed in those residential programs speci-
fied in paragraphs d, g, h and l of subdivision two of section forty-
four hundred one of this article is not entitled to receive tuition free
educational services after the age of twenty-one, the receipt of a high
school diploma or the time described in subdivision five of this
section] ENSURE THAT UPON THE FIRST ANNUAL REVIEW AFTER THE AGE OF EIGH-
TEEN OF A STUDENT WITH A DISABILITY WHO IS PLACED IN A RESIDENTIAL
PROGRAM BY THE COMMITTEE OR MULTIDISCIPLINARY TEAM, THE COMMITTEE OR
MULTIDISCIPLINARY TEAM, WITH THE CONSENT OF THE PARENTS OR THE CHILD IF
AGE EIGHTEEN OR OLDER, SHALL NOTIFY AND INVITE A REPRESENTATIVE OF THE
OFFICE OF MENTAL HEALTH, OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES, THE STATE OFFICE OF CHILDREN AND FAMILY SERVICES, OR THE
STATE EDUCATION DEPARTMENT AS APPROPRIATE, TO PARTICIPATE IN THE COMMIT-
TEE ON SPECIAL EDUCATION MEETING FOR THE DEVELOPMENT OF A RECOMMENDATION
FOR ADULT SERVICES PURSUANT TO SECTION 7.37 OR SECTION 13.37 OF THE
MENTAL HYGIENE LAW, SECTION THREE HUNDRED NINETY-EIGHT-C OF THE SOCIAL
SERVICES LAW OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE. THE
COMMITTEE OR MULTIDISCIPLINARY TEAM SHALL GIVE THE PARENT OR GUARDIAN OF
THE CHILD, OR FOR A STUDENT AGE EIGHTEEN AND OLDER, THE CHILD, THE
OPPORTUNITY TO CONSENT IN WRITING TO THE RELEASE OF RELEVANT INFORMATION
S. 6607--A 27 A. 9707--A
TO SUCH OTHER PUBLIC AGENCY OR AGENCIES, UPON REQUEST OF SUCH AGENCY OR
AGENCIES, FOR PURPOSES OF DETERMINING APPROPRIATENESS OF AN ADULT
PROGRAM FOR SUCH STUDENT. [Such written notice shall be provided to the
child and to the parents or legal guardian of such child when such child
attains the age of eighteen or, if such child is over the age of eigh-
teen when placed in such a residential program, at the time of place-
ment. Upon the first annual review after the age of fifteen of a child
who is receiving non-residential special services or programs as speci-
fied in paragraph a, b, c, d, e, f, i, j, l or m of subdivision two of
section forty-four hundred one of this article, or is receiving special
services or programs in a day program at the human resources school; is
receiving such special services or programs one hundred per centum of
the school day; is receiving individualized attention or intervention
because of intensive management needs or a severe handicap; and, as
determined by the committee on special education or multidisciplinary
team pursuant to regulations promulgated by the commissioner, may need
adult services from the office of mental health, office of mental retar-
dation and developmental disabilities, the state department of social
services, a social services district, or the state education department,
the committee or multidisciplinary team shall provide to such child's
parent or guardian, and if such child is eighteen years of age or older,
to the child, written notice that such child is not entitled to receive
tuition free educational services after the receipt of a high school
diploma, the age of twenty-one or the time described in subdivision five
of this section.]
(a) [Written notice given pursuant to this subparagraph shall describe
in detail the opportunity to consent to have the child's name and other
relevant information forwarded in a report to the commissioner of mental
health, commissioner of mental retardation and developmental disabili-
ties, commissioner of social services, or commissioner of education, or
their designees, for the purpose of determining whether such child will
likely need adult services and, if so, recommending possible adult
services.] For the purposes of this subparagraph "relevant information"
shall be defined as that information in the possession of and used by
the committee or the multidisciplinary team to ascertain the physical,
mental, emotional and cultural-educational factors which contribute to
the child's [handicapping condition] DISABILITY, including but not
limited to: (i) results of physical and psychological examinations
performed by private and school district physicians and psychologists;
(ii) relevant information presented by the parent, guardian and teacher;
(iii) school data which bear on the child's progress including the
child's most recent individualized education program; (iv) results of
the most recent examinations and evaluations performed pursuant to
clause (d) of subparagraph three of this paragraph; and (v) results of
other suitable evaluations and examinations possessed by the committee
or multidisciplinary team. Nothing in this subparagraph shall be
construed to require any committee or multidisciplinary team to perform
any examination or evaluation not otherwise required by law.
(b) Upon consent obtained pursuant to clause [(c)] (A) of this subpar-
agraph, the committee or multidisciplinary team shall forward the
child's name and other relevant information in a report to the [commis-
sioner of mental health, commissioner of mental retardation and develop-
mental disabilities, commissioner of social services, or commissioner of
education, or their designees, for the development of a recommendation
for adult services pursuant to section 7.37 or 13.37 of the mental
hygiene law, section three hundred ninety-eight-c of the social services
S. 6607--A 28 A. 9707--A
law or subdivision ten of section forty-four hundred three of this arti-
cle. The] APPROPRIATE PUBLIC AGENCY AS DETERMINED BY THE committee or
multidisciplinary team [shall determine which commissioner shall receive
the report by considering], BASED UPON the child's [handicapping condi-
tion] DISABILITY and physical, mental, emotional and social needs. The
committee shall forward additional and updated relevant information to
the [commissioner of mental health, commissioner of mental retardation
and developmental disabilities, commmissioner of social services, or
commissioner of education, or their designees,] APPROPRIATE PUBLIC AGEN-
CY upon the request for such information by such [commissioner or desig-
nee] AGENCY, WITH THE CONSENT OF THE PARENTS, OR THE STUDENT, IF AGE
EIGHTEEN OR OLDER.
(c) [Upon receipt of the notice by the child pursuant to this subpara-
graph, the child, if eighteen years of age or older, shall be given the
opportunity to consent or withhold consent to the release of the rele-
vant information. Such opportunity shall be given within twenty days of
the receipt of the notice. An appropriate member of the staff of the
educational facility shall be available to assist the child, if neces-
sary, to understand the contents of the notice and the need for his or
her consent for the release of the relevant information. A form,
prescribed by the commissioner, shall be presented to the child for
response, which shall clearly set forth the options of giving consent or
withholding consent. In the event that the child exercises neither
option, and the designated member of the staff of the educational facil-
ity has reason to believe that the child may not be able to understand
the purpose of the form, or in the event that the child is less than
eighteen years of age, the committee on special education or the multi-
disciplinary team shall give the parent or guardian of the child the
opportunity to consent in writing to the release of the relevant infor-
mation. Nothing in this clause shall be construed to be a determination
of the child's mental capacity.
(d)] When the committee or multidisciplinary team is notified by the
[commissioner who] PUBLIC AGENCY WHICH received the report that such
state agency is not responsible for determining and recommending adult
services for the child, the committee or multidisciplinary team shall
forward the report to another [commissioner] PUBLIC AGENCY; or, if the
committee or multidisciplinary team determines that there exists a
dispute as to which state agency has the responsibility for determining
and recommending adult services, the committee or multidisciplinary team
may forward the report to the council on children and families for a
resolution of such dispute.
[(e) The committee and multidisciplinary team shall prepare and submit
an annual report to the state education department on or before October
first of each year. Such annual report shall contain the number of cases
submitted to each commissioner pursuant to clause (b) or (d) of this
subparagraph, the type and severity of the handicapping condition
involved with each such case, the number of notices received which deny
responsibility for determining and recommending adult services, and
other information necessary for the state education department and the
council on children and families to monitor the need for adult services.
Such annual report shall not contain individually identifying informa-
tion. The state education department shall forward a copy of such annual
report to the council on children and families. All information received
by the council on children and families pursuant to this subparagraph
shall be subject to the confidentiality requirements of the department.
S. 6607--A 29 A. 9707--A
(f) For purposes of this subparagraph, the term "multidisciplinary
team" refers to the unit which operates in lieu of a committee on
special education with respect to children in state operated schools.
(7)] (6) The committee on special education shall provide a copy of
the handbook for parents of children with [handicapping conditions]
DISABILITIES established under subdivision eight of section four thou-
sand four hundred three of this article or a locally approved [hand-
icapped] booklet FOR PARENTS OF CHILDREN WITH DISABILITIES to the
parents or person in parental relationship to a child as soon as practi-
cable after such child has been referred for evaluation to the committee
on special education.
S 25. Subdivision 6 of section 4402 of the education law, as amended
by section 34 of part A of chapter 57 of the laws of 2009, 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 [ten] ELEVEN of the [two
thousand nine--two thousand ten] TWO THOUSAND TEN--TWO THOUSAND ELEVEN
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 population 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 appli-
cable 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 certif-
ication that the board will conduct a study of attendance problems at
the secondary level and will implement a corrective action 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 pursuant to
this subdivision, the commissioner shall be authorized to terminate such
authorization upon a finding that the board has failed to develop or
implement an approved corrective action plan.
S 25-a. Section 4408 of the education law, as amended by chapter 82 of
the laws of 1995, subdivision 1 as amended by section 32 and subdivision
S. 6607--A 30 A. 9707--A
3 as amended by section 33 of part A-1 of chapter 58 of the laws of
2006, is amended to read as follows:
S 4408. Payment for July and August programs for students with disa-
bilities. 1. State aid. The commissioner shall make payments for
approved July and August programs for students with disabilities in
accordance with this section in an amount equal to [eighty percent of]
THE PRODUCT OF THE STATE SHARE, COMPUTED PURSUANT TO SUBDIVISION FIVE OF
THIS SECTION, AND the sum of the approved tuition and maintenance rates
and the transportation expense for the [current] BASE year enrollment of
students with disabilities ages five through twenty-one or students
eligible for services during July and August pursuant to article eight-
y-five, eighty-seven or eighty-eight of this chapter, where such costs
are determined pursuant to section forty-four hundred five of this arti-
cle, provided that the placement of such students was approved by the
commissioner, if required. Such programs shall operate for six weeks and
shall be funded for thirty days of service, provided, however, that the
observance of the legal holiday for Independence day may constitute a
day of service. Upon certification by the school district in which the
student resides, that such services were provided, such payment shall be
made to the provider of such services, in accordance with the provisions
of subdivision three of this section.
2. Chargeback to a municipality. Ten percent of the approved cost of
July and August services provided pursuant to this section for each
student shall be a charge against the municipality in which the parent,
or person in parental relationship to such student, resided on July
first of the school year in which such services were provided. The comp-
troller shall deduct from any state funds which become due to a munici-
pality an amount equal to such ten percent required in accordance with
this subdivision which amount shall be credited to the local assistance
account of the state education department as designated by the division
of the budget.
3. Payment schedule. For aid payable in the [two thousand six--two
thousand seven] TWO THOUSAND TEN--TWO THOUSAND ELEVEN school year AND
THEREAFTER, moneys appropriated annually to the department from the
general fund - local assistance account under the elementary, middle and
secondary education program for July and August programs for students
with disabilities, shall be used as follows: (i) for remaining [base
year and prior school years] obligations FROM SCHOOL YEARS PRIOR TO THE
BASE YEAR, PROVIDED THAT THE SCHOOL DISTRICT IN WHICH THE STUDENT
RESIDES HAD CERTIFIED, PRIOR TO THE END OF THE SCHOOL YEAR FOLLOWING THE
YEAR IN WHICH SERVICES WERE PROVIDED, THAT SUCH SERVICES WERE PROVIDED,
AND PROVIDED FURTHER THAT STATE AID PAYMENTS DUE FOR SUCH PRIOR SCHOOL
YEARS SHALL BE PAID WITHIN THE LIMIT OF THE APPROPRIATION DESIGNATED FOR
PURPOSES OF THIS SECTION, AND PROVIDED FURTHER THAT EACH ELIGIBLE CLAIM
SHALL BE PAYABLE IN THE ORDER THAT IT HAS BEEN APPROVED FOR PAYMENT BY
THE COMMISSIONER, BUT IN NO CASE SHALL A SINGLE CLAIM DRAW DOWN MORE
THAN FORTY-FIVE PERCENT OF THE APPROPRIATION SO DESIGNATED FOR A SINGLE
YEAR, AND PROVIDED FURTHER THAT NO CLAIM SHALL BE SET ASIDE FOR INSUFFI-
CIENCY OF FUNDS TO MAKE A COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A
PARTIAL PAYMENT IN ONE YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS
FOR APPROPRIATIONS DESIGNATED FOR SUCH PURPOSES IN FUTURE YEARS, (ii)
for the purposes of subdivision four of this section for schools oper-
ated under articles eighty-seven and eighty-eight of this chapter, and
(iii) notwithstanding any inconsistent provisions of this chapter, for
payments made pursuant to this section for [current] BASE school year
obligations[, provided, however, that such payments shall not exceed
S. 6607--A 31 A. 9707--A
seventy percent of the state aid due for the sum of the approved tuition
and maintenance rates and transportation expense provided for herein]
WITHIN THE LIMIT OF THE AMOUNT OF THE APPROPRIATION DESIGNATED FOR
PURPOSES OF THIS SECTION THAT REMAINS AFTER PAYMENT OF CLAIMS PURSUANT
TO PARAGRAPHS (I) AND (II) OF THIS SUBDIVISION; provided, however, that
payment of eligible claims shall be payable in the order that such
claims have been approved for payment by the commissioner, but in no
case shall a single payee draw down more than forty-five percent of the
appropriation provided for the purposes of this section, and provided
further that no claim shall be set aside for insufficiency of funds to
make a complete payment, but shall be eligible for a partial payment in
one year and shall retain its priority date status for appropriations
provided for this section in future years; AND PROVIDED FURTHER THAT
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE PAYMENT FOR OBLI-
GATIONS INCURRED FOR SERVICES RENDERED IN THE TWO THOUSAND NINE--TWO
THOUSAND TEN SCHOOL YEAR MORE THAN ONCE.
4. Of the amount so appropriated to the department for the July and
August programs for schools operated under articles eighty-seven and
eighty-eight of this chapter, an amount shall be transferred to the
special revenue funds - other, Batavia school for the blind and Rome
school for the deaf accounts, pursuant to a plan to be developed by the
commissioner and approved by the director of the budget for students
with disabilities attending July and August programs pursuant to this
section at such schools pursuant to such articles. Such amount shall be
determined by the tuition and maintenance rates and the total number of
students with disabilities approved by the commissioner for placement
for the July and August program. The commissioner shall establish the
methodology for computation of such tuition and maintenance rates for
each school which shall take into account all pertinent expenditures
including administration, direct care staff, nondirect care staff and
other than personal service costs.
5. State share. A. FOR SCHOOL YEARS COMMENCING PRIOR TO JULY FIRST,
TWO THOUSAND TEN, THE STATE SHARE SHALL BE EIGHTY PERCENT OF THE SUM OF
SUCH APPROVED TUITION AND MAINTENANCE RATES AND TRANSPORTATION EXPENSE.
B. FOR SCHOOL YEARS COMMENCING ON OR AFTER JULY FIRST, TWO THOUSAND
TEN, THE STATE SHARE SHALL BE EQUAL TO THE SUM OF THE STATE SHARING
RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO PARAGRAPH G OF
SUBDIVISION THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER, BUT
SHALL NOT BE LESS THAN TWENTY PERCENT NOR MORE THAN NINETY PERCENT.
6. MEDICAID ADJUSTMENT. In accordance with the provisions of subpara-
graph four of paragraph b of subdivision one of section thirty-six
hundred nine-a of this chapter, any moneys due the school district FOR
SERVICES PROVIDED ON OR BEFORE JUNE THIRTIETH TWO THOUSAND NINE shall be
reduced by an amount equal to fifty percent of any federal partic-
ipation, pursuant to title XIX of the social security act, in special
education programs provided pursuant to this section.
[6.] 7. Notwithstanding any other provision of law to the contrary, no
payments shall be made by the commissioner pursuant to this section on
or after July first, nineteen hundred ninety-six based on a claim
submitted later than three years after the end of the school year in
which services were rendered, AND PAYMENTS SHALL BE MADE ON OR AFTER
JULY FIRST, TWO THOUSAND TEN FOR CLAIMS FOR WHICH THE SCHOOL DISTRICT IN
WHICH THE STUDENT RESIDES HAD FAILED TO CERTIFY, PRIOR TO THE END OF THE
SCHOOL YEAR FOLLOWING THE YEAR IN WHICH SERVICES WERE PROVIDED, THAT
SUCH SERVICES WERE PROVIDED, FROM AN APPROPRIATION DESIGNATED FOR SUCH
PURPOSE, AND SHALL ONLY BE MADE WITHIN THE LIMIT OF SUCH APPROPRIATION,
S. 6607--A 32 A. 9707--A
AND PROVIDED FURTHER THAT EACH ELIGIBLE CLAIM SHALL BE PAYABLE IN THE
ORDER THAT IT HAS BEEN APPROVED FOR PAYMENT BY THE COMMISSIONER, BUT IN
NO CASE SHALL A SINGLE CLAIM DRAW DOWN MORE THAN FORTY-FIVE PERCENT OF
THE APPROPRIATION SO DESIGNATED FOR A SINGLE YEAR, AND PROVIDED FURTHER
THAT NO CLAIM SHALL BE SET ASIDE FOR INSUFFICIENCY OF FUNDS TO MAKE A
COMPLETE PAYMENT, BUT SHALL BE ELIGIBLE FOR A PARTIAL PAYMENT IN ONE
YEAR AND SHALL RETAIN ITS PRIORITY DATE STATUS FOR APPROPRIATIONS DESIG-
NATED FOR SUCH PURPOSES IN FUTURE YEARS, provided however that no
payment shall be barred or reduced where such payment is required as a
result of a court order or judgment or a final audit.
S 25-b. Subparagraph (i) of paragraph b of subdivision 5 of section
4410 of the education law, as amended by chapter 474 of the laws of
1996, is amended to read as follows:
(i) If the committee determines that the child has a disability, the
committee shall recommend approved appropriate services or special
programs and the frequency, duration and intensity of such services,
including but not limited to the appropriateness of single services or
half-day programs based on the individual needs of the preschool child.
The committee shall first consider the appropriateness of providing: (i)
related services only; (ii) special education itinerant services only;
(iii) related services in combination with special education itinerant
services; (iv) a half-day program, as defined in the regulations of the
commissioner; (v) a full day program; in meeting the child's needs. If
the committee determines that the child demonstrates the need for a
single related service, such service shall be provided as a related
service only or, where appropriate, as a special education itinerant
service. Prior to recommending the provision of special education
services in a setting which includes only preschool children with disa-
bilities, the committee shall first consider providing special education
services in a setting which includes age-appropriate peers without disa-
bilities. Provision of special education services in a setting with no
regular contact with such age-appropriate peers shall be considered only
when the nature or severity of the child's disability is such that
education in a less restrictive environment with the use of supplementa-
ry aids and services cannot be achieved satisfactorily. IN ADDITION,
PRIOR TO RECOMMENDING PLACEMENT OF A PRESCHOOL CHILD IN AN APPROVED
PROGRAM, THE COMMITTEE SHALL DETERMINE WHETHER SUCH PLACEMENT IS AS
CLOSE AS POSSIBLE TO THE CHILD'S HOME AND, IN MAKING SUCH DETERMINATION,
SHALL CONSIDER WHETHER ANOTHER APPROPRIATE APPROVED PROGRAM LOCATED
CLOSER TO THE CHILD'S HOME IS AVAILABLE. The committee's recommendation
shall include a statement of the reasons why less restrictive placements
were not recommended, INCLUDING, WHERE THE COMMITTEE RECOMMENDS PLACE-
MENT IN AN APPROVED PROGRAM THAT IS MORE DISTANT FROM THE CHILD'S HOME
THAN ANOTHER APPROVED PROGRAM OFFERING COMPARABLE SERVICES APPROPRIATE
TO THE NEEDS OF THE PRESCHOOL CHILD, AN EXPLANATION OF WHY THE MORE
DISTANT PROGRAM WAS RECOMMENDED. The committee may recommend placement
in a program that uses psychotropic drugs only if the program has a
written policy pertaining to such use and the parent is given a copy of
such written policy at the time such recommendation is made.
S 25-c. Paragraphs a and b of subdivision 11 of section 4410 of the
education law, paragraph a as amended by chapter 474 of the laws of
1996, paragraph b as amended by chapter 170 of the laws of 1994, subpar-
agraph (ii) of paragraph b as amended by section 54 of part C of chapter
57 of the laws of 2004, subparagraph (iii) of paragraph b as amended by
chapter 205 of the laws of 2009, subparagraphs (iv) and (v) of paragraph
b as added by chapter 474 of the laws of 1996 and subparagraph (vi) of
S. 6607--A 33 A. 9707--A
paragraph b as added by section 1 of part Q-1 of chapter 109 of the laws
of 2006, are amended and a new paragraph a-1 is added to read as
follows:
a. The approved costs for a preschool child who receives services
pursuant to this section shall be a charge upon the municipality wherein
such child resides IN THE FIRST INSTANCE. All approved costs shall be
paid in the first instance and at least quarterly by the appropriate
governing body or officer of the municipality upon vouchers presented
and audited in the same manner as the case of other claims against the
municipality. Notwithstanding any inconsistent provisions of this
section, upon notification by the commissioner, a municipality may with-
hold payments due any provider for services rendered to preschool chil-
dren in a program for which the commissioner has been unable to estab-
lish a tuition rate due to the failure of the provider to file complete
and accurate reports for such purpose, as required by the commissioner.
b. (i) Commencing with the reimbursement of municipalities for
services provided pursuant to this section on or after July first, nine-
teen hundred ninety-three, the state shall reimburse fifty-nine and [one
half] ONE-HALF percent of the approved costs paid by a municipality for
the purposes of this section. [Commencing with the reimbursement of
municipalities for services provided pursuant to this section on or
after July first, nineteen hundred ninety-four, the state shall reim-
burse sixty-nine and one-half percent of the approved costs paid by a
municipality for the purposes of this section. The state shall reimburse
fifty percent of the approved costs paid by a municipality for the
purposes of this section for services provided prior to July first,
nineteen hundred ninety-three.] Such state reimbursement to the munici-
pality shall not be paid prior to April first of the school year in
which such approved costs are paid by the municipality.
(ii) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
SHALL COMPUTE AND ESTABLISH A LOCAL SHARE CEILING AMOUNT FOR CLAIMS BY
MUNICIPALITIES OTHER THAN THE CITY OF NEW YORK OF THE APPROVED COSTS
SUBJECT TO STATE REIMBURSEMENT FOR SERVICES PROVIDED PURSUANT TO THIS
SECTION IN EACH SCHOOL YEAR STARTING WITH THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR. FOR PURPOSES OF THIS PARAGRAPH, THE "LOCAL
SHARE CEILING AMOUNT" MEANS THE SUM OF THE SCHOOL DISTRICT SHARE BASE
FOR EACH SCHOOL DISTRICT OF RESIDENCE OF PRESCHOOL CHILDREN WHO RESIDE
WITHIN THE MUNICIPALITY, AND FOR A PRESCHOOL CHILD WHO IS HOMELESS OR A
FOSTER CARE CHILD IN EACH SCHOOL DISTRICT OF LOCATION AS DEFINED IN
SECTION FORTY-FOUR HUNDRED TEN-A OF THIS ARTICLE. THE "SCHOOL DISTRICT
SHARE BASE" MEANS THE PRODUCT OF: (A) FORTY AND ONE-HALF PERCENT AND
(B) THE PRODUCT OF THE APPROVED COSTS INCURRED PURSUANT TO THIS SECTION
IN THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL YEAR ATTRIBUTABLE TO
SUCH SCHOOL DISTRICT OF RESIDENCE OR SCHOOL DISTRICT OF CURRENT
LOCATION, AS APPLICABLE, AND THE INFLATION FACTOR. THE "INFLATION
FACTOR" MEANS ONE HUNDRED TWO PERCENT FOR THE TWO THOUSAND TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR, AND SHALL INCREASE ANNUALLY THEREAFTER BY
TWO PERCENT EACH YEAR. APPROVED COSTS ATTRIBUTABLE TO A SPECIFIC SCHOOL
DISTRICT IN EXCESS OF THE SCHOOL DISTRICT SHARE BASE SHALL BE A CHARGE
UPON THE SCHOOL DISTRICT. THE COMMISSIONER SHALL DEDUCT AN AMOUNT EQUAL
TO SUCH UNPAID OBLIGATION FROM ANY GENERAL AID FOR PUBLIC SCHOOLS
PAYMENTS WHICH BECOME DUE TO SUCH SCHOOL DISTRICT PURSUANT TO SECTION
THIRTY-SIX HUNDRED NINE-A OF THIS CHAPTER, EXCLUDING PAYMENTS PURSUANT
TO CLAUSE (III) OF SUBPARAGRAPH THREE OF PARAGRAPH B OF SUBDIVISION ONE
OF SUCH SECTION THIRTY-SIX HUNDRED NINE-A. WHERE SUCH SCHOOL DISTRICT IS
S. 6607--A 34 A. 9707--A
NOT ELIGIBLE FOR PAYMENTS PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED
NINE-A, OR THE AMOUNT OF SUCH UNPAID OBLIGATIONS EXCEEDS THE AMOUNT DUE
TO SUCH SCHOOL DISTRICT PURSUANT TO SUCH SECTION THIRTY-SIX HUNDRED
NINE-A IN THE CURRENT SCHOOL YEAR, THE COMMISSIONER SHALL BILL AND
RECOVER FROM SUCH SCHOOL DISTRICT ANY EXCESS UNPAID OBLIGATION AND THE
AMOUNT RECOVERED FROM SUCH SCHOOL DISTRICT SHALL BE CREDITED TO THE
APPROPRIATION FOR PURPOSES OF THIS SECTION IN THE LOCAL ASSISTANCE
ACCOUNT OF THE DEPARTMENT. PROVIDED HOWEVER, THAT NO SUCH DEDUCTION OR
RECOVERY SHALL BE MADE PRIOR TO JULY FIRST, TWO THOUSAND TEN AND THE
AMOUNT SO DEDUCTED FROM PAYMENTS PURSUANT TO SUCH SECTION THIRTY-SIX
HUNDRED NINE-A SHALL BE TRANSFERRED TO THE APPROPRIATION MADE FOR
PURPOSES OF THIS SECTION FROM GENERAL SUPPORT FROM PUBLIC SCHOOLS APPRO-
PRIATION. THE LOCAL SHARE CEILING AMOUNT ESTABLISHED HEREIN MAY BE
WAIVED BY THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF
THE BUDGET, IF IT IS DETERMINED BY THE COMMISSIONER THAT COSTS IN EXCESS
OF THE SCHOOL DISTRICT SHARE BASE WERE THE RESULT OF SIGNIFICANT CHANGES
IN THE NUMBER OF PRESCHOOL CHILDREN RECEIVING SERVICES.
(III) In accordance with a schedule adopted by the commissioner, each
municipality which has been notified by a board of its obligation to
contract for the provision of approved special services or programs for
a preschool child shall be provided with a listing of all such children
by the commissioner. Such list shall include approved services and costs
as prescribed by the commissioner for each such child for whom the muni-
cipality shall certify, on such list, the amount expended for such
purposes and the date of expenditure. Upon the receipt of such certified
statement, the commissioner shall examine the same, and if such expendi-
tures were made as required by this section, the commissioner shall
approve it and transmit it to the comptroller for audit. The comptroller
shall thereupon issue his warrant, in the amount specified in such
approved statement for the payment thereof out of moneys appropriated
therefor, to the municipal treasurer or chief fiscal officer as the case
may be.
[(iii)] (IV) (a) Notwithstanding the provisions of this paragraph, any
monies due municipalities pursuant to this paragraph for services
provided during the two thousand eight--two thousand nine and prior
school years shall be reduced by an amount equal to the product of the
percentage of the approved costs reimbursed by the state pursuant to
subparagraph (i) of this paragraph and any federal participation, pursu-
ant to title XIX of the social security act, in special education
programs provided pursuant to this section. The commissioner shall
deduct such amount, as certified by the commissioner of health as the
authorized fiscal agent of the state education department. Such
deductions shall be made in accordance with a plan developed by the
commissioner and approved by the director of the budget. To the extent
that such deductions exceed moneys owed to the municipality pursuant to
this paragraph, such excess shall be deducted from any other payments
due the municipality.
(b) Any moneys due municipalities pursuant to this paragraph for
services provided during the two thousand nine--two thousand ten school
year and thereafter shall, in the first instance, be designated as the
state share of moneys due a municipality pursuant to title XIX of the
social security act, on account of school supportive health services
provided to preschool students with disabilities pursuant to this
section. Such state share shall be assigned on behalf of municipalities
to the department of health, as provided herein; the amount designated
as such nonfederal share shall be transferred by the commissioner to the
S. 6607--A 35 A. 9707--A
department of health based on the monthly report of the commissioner of
health to the commissioner; and any remaining moneys to be apportioned
to a municipality pursuant to this section shall be paid in accordance
with this section. The amount to be assigned to the department of
health, as determined by the commissioner of health, for any munici-
pality shall not exceed the federal share of any moneys due such munici-
pality pursuant to title XIX of the social security act. Moneys desig-
nated as state share moneys shall be paid to such municipality by the
department of health based on the submission and approval of claims
related to such school supportive health services, in the manner
provided by law.
[(iv)] (V) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to this section
on or after July first, nineteen hundred ninety-six based on a claim for
services provided during school years nineteen hundred eighty-nine--ni-
nety, nineteen hundred ninety--ninety-one, nineteen hundred ninety-one-
ninety-two, nineteen hundred ninety-two--ninety-three, nineteen hundred
ninety-three--ninety-four, and nineteen hundred ninety-four--ninety-five
which is submitted later than two years after the end of the nineteen
hundred ninety-five--ninety-six school year; provided, however, that no
payment shall be barred or reduced where such payment is required as a
result of a court order or judgment or a final audit, and provided
further that the commissioner may grant a waiver to a municipality
excusing the late filing of such a claim upon a finding that the delay
was caused by a party other than the municipality or a board to which
the municipality delegated authority pursuant to paragraph f of subdivi-
sion five or subdivision eight of this section.
[(v)] (VI) Notwithstanding any other provision of law to the contrary,
no payments shall be made by the commissioner pursuant to this section
on or after July first, nineteen hundred ninety-six based on a claim for
services provided in the nineteen hundred ninety-five--ninety-six school
year or thereafter which is submitted later than three years after the
end of the school year in which services were rendered, provided, howev-
er, that no payment shall be barred or reduced where such payment is
required as a result of a court order or judgment or a final audit, and
provided further that the commissioner may grant a waiver to a munici-
pality excusing the late filing of such a claim upon a finding that the
delay was caused by a party other than the municipality or a board to
which the municipality delegates authority pursuant to paragraph f of
subdivision five or subdivision eight of this section.
[(vi)] (VII) Notwithstanding any other provision of law to the contra-
ry, beginning with state reimbursement otherwise payable in the two
thousand six--two thousand seven state fiscal year and in each year
thereafter, payments pursuant to this section, subject to county agree-
ment and in the amounts specified in such agreement, shall be paid no
later than June thirtieth of the state fiscal year next following the
state fiscal year in which such reimbursement was otherwise eligible for
payment and in which the liability to the county for such state
reimbursement accrued, provided that such payments in a subsequent state
fiscal year shall be recognized by the state and the applicable county
as satisfying the state reimbursement obligation for the prior state
fiscal year. Any unspent amount associated with such county agreements
shall not be available for payments to other counties or municipalities.
S 25-d. 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:
S. 6607--A 36 A. 9707--A
(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] THE OFFICE OF CHILDREN AND FAMILY
services, if appropriate, for review and, if warranted, adjustment of
the tuition and/or maintenance rates. SUCH REVIEW SHALL BE COMPLETED AND
A RESPONSE PROVIDED TO THE MUNICIPALITY WITHIN THREE MONTHS OF
SUBMISSION OF SUCH AUDIT TO THE APPROPRIATE COMMISSIONER. The munici-
pality 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] THE OFFICE OF CHILDREN
AND FAMILY SERVICES based upon their adjustment 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 FIFTY
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 26. Subparagraph 4 of paragraph b of subdivision 4 of section 92-c
of the state finance law, as amended by section 46 of part B of chapter
57 of the laws of 2007, is amended to read as follows:
(4) each eligible school district shall be entitled to an additional
lottery grant equal to the result of multiplying the district's total
aidable FOUNDATION pupil units for the base year COMPUTED PURSUANT TO
PARAGRAPH G OF SUBDIVISION TWO OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW by:
Base Grant x (1 + aid ratio)
Where, the base grant shall equal the sum of the net total available
moneys after making payments pursuant to subparagraphs (1), (2), (2-a)
and (3) above, plus an amount from the general support for public
schools--general fund local assistance account equal to the June lottery
payment, divided by the total aidable pupil units of the state and where
the Aid Ratio is equal to one minus the pupil wealth ratio of the
district as such term is defined in section thirty-six hundred two of
the education law. In no case shall a school district aid ratio exceed
one (1) or be less than minus one (-1).
S 27. Section 4403 of the education law is amended by adding two new
subdivisions 21 and 22 to read as follows:
21. TO IDENTIFY SCHOOL DISTRICTS WITH HIGH RATES OF IDENTIFICATION OF
STUDENTS AS STUDENTS WITH DISABILITIES, SCHOOL DISTRICTS WITH LOW RATES
OF DECLASSIFICATION OF STUDENTS WITH DISABILITIES, SCHOOL DISTRICTS WITH
HIGH RATES OF PLACEMENT OF STUDENTS WITH DISABILITIES IN SEPARATE SITES
AND SCHOOL DISTRICTS WITH SIGNIFICANT DISPROPORTIONALITY BASED ON RACE
AND ETHNICITY IN SUCH IDENTIFICATION OR PLACEMENT IN PARTICULAR
SETTINGS. TO ENSURE COMPLIANCE WITH THE FEDERAL INDIVIDUALS WITH DISA-
BILITIES EDUCATION ACT, THE DEPARTMENT SHALL WORK WITH THE DISTRICTS TO
VERIFY SUCH RATES, DETERMINE THE UNDERLYING CAUSES AND, IF NECESSARY,
MAY REQUIRE THE DEVELOPMENT OF A CORRECTIVE ACTION PLAN TO IMPLEMENT
POLICIES, PRACTICES AND PROCEDURES TO IMPROVE RESULTS IN THE IDENTIFIED
PROBLEM AREA.
22. TO PROVIDE TECHNICAL ASSISTANCE TO SUCH SCHOOL DISTRICTS IN
ACCORDANCE WITH SUBDIVISION TWENTY-ONE OF THIS SECTION TO ASSIST THEM IN
DEVELOPING EFFECTIVE STRATEGIES TO IMPROVE SUCH RESULTS INCLUDING ALTER-
S. 6607--A 37 A. 9707--A
NATIVE PLACEMENT MODELS; MODELS FOR EFFECTIVE PREVENTIVE SERVICES; COOR-
DINATED USE OF FINANCIAL RESOURCES; IMPROVED EVALUATION PRACTICES AND
APPROPRIATE DECLASSIFICATION PRACTICES. THE DEPARTMENT SHALL SUBMIT A
REPORT TO THE GOVERNOR AND THE LEGISLATURE ON ITS ACTIONS TO IMPLEMENT
THIS SUBDIVISION IN THE PRIOR SCHOOL YEAR BY DECEMBER FIRST OF EACH
YEAR, COMMENCING WITH DECEMBER FIRST, TWO THOUSAND ELEVEN.
S 28. Section 6-p of the general municipal law is amended by adding a
new subdivision 10 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 TEN--TWO
THOUSAND ELEVEN SCHOOL YEAR, AUTHORIZE A WITHDRAWAL FROM THIS FUND IN AN
AMOUNT NOT TO EXCEED THE LESSER OF: (A) THE DOLLAR VALUE OF EXCESS FUND-
ING 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 NET GAP ELIMINATION ADJUSTMENT
AS CALCULATED BY THE COMMISSIONER OF EDUCATION PURSUANT TO SUBPARAGRAPH
THREE OF PARAGRAPH E OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THE EDUCATION LAW. FUNDS WITHDRAWN PURSUANT TO THIS SUBDIVI-
SION MAY ONLY BE USED FOR THE PURPOSE OF MAINTAINING EDUCATIONAL
PROGRAMMING DURING THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR
WHICH OTHERWISE WOULD HAVE BEEN REDUCED AS A RESULT OF SUCH NET GAP
ELIMINATION 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 29. Subdivision 3 of section 33 of the general municipal law, as
added by section 40 of part A of chapter 57 of the laws of 2009, is
amended to read as follows:
3. Examinations and report. In addition to the inspection and examina-
tion of certain accounts pursuant to this section, the comptroller [by
the end of] DURING the [two thousand eleven--two thousand twelve] TWO
THOUSAND TEN--TWO THOUSAND ELEVEN school year, shall also examine for
the most recent school year [as] practicable, the employee benefit
accrued liability reserve funds of school districts established pursuant
to section six-p of this chapter. Such examination shall be for the
purpose of determining the amount of funding in the reserve fund, the
amount of liabilities against such fund and if there exist funds in the
reserve fund which are in excess of the total liabilities of such fund.
The comptroller shall notify the school district if such excess funds
exist and the dollar value of the excess funding. The comptroller shall
also prepare a report on the school districts with excess funds in their
employee benefit accrued liability reserve fund and the amount of the
excess funding for each district. Such report shall be submitted by
July first, two thousand [twelve] ELEVEN to the director of the budget,
the chair of the senate finance committee, the chair of the assembly
ways and means committee and the commissioner of education.
S 30. 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
41 of part A of chapter 57 of the laws of 2009, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2006-07 school year shall not exceed 64.7
percent of the lesser of such approvable costs per contact hour or nine
dollars and twenty-five cents per contact hour where a contact hour
S. 6607--A 38 A. 9707--A
represents sixty minutes of instruction services provided to an eligible
adult, reimbursement] for the 2007-08 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or nine
dollars and ninety cents per contact hour where a contact hour repres-
ents sixty minutes of instruction services provided to an eligible
adult, reimbursement for the 2008-09 school year shall not exceed 62.8
percent of the lesser of such approvable costs per contact hour or ten
dollars and sixty-five cents per contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult [and], reimbursement for the 2009-10 school year shall not exceed
64.1 percent of the lesser of such approvable costs per contact hour or
eleven dollars and fifty cents per contact hour where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult AND REIMBURSEMENT FOR THE 2010-11 SCHOOL YEAR SHALL NOT EXCEED
62.6 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR
TWELVE DOLLARS 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 2006-07
school year such contact hours shall not exceed one million nine hundred
twenty-three thousand seventy-six (1,923,076) hours; whereas] for the
2007-08 school year such contact hours shall not exceed one million
eight hundred thirty-seven thousand sixty (1,837,060) hours; whereas for
the 2008-09 school year such contact hours shall not exceed one million
nine hundred forty-six thousand one hundred seven (1,946,107) hours;
whereas 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 2010-11 SCHOOL YEAR SUCH CONTACT
HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED THIRTY-ONE THOUSAND TWO
HUNDRED NINETY-ONE (1,531,291) 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 31. 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 p to read as follows:
P. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2010-2011 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 ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
S 32. 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 43 of part A of
chapter 57 of the laws of 2009, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2010] 2011.
S. 6607--A 39 A. 9707--A
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 chapter 158 of the laws of 2009, 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, [2010] 2011.
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 chapter 158 of the laws of 2009, 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, [2010] 2011.
S 35. Section 3 of chapter 618 of the laws of 1998, amending the
general municipal law and the education law relating to disposal of
surplus computer equipment by political subdivisions, as amended by
chapter 158 of the laws of 2007, is amended to read as follows:
S 3. This act shall take effect immediately and shall expire July 1,
[2010] 2013 when upon such date the provisions of this act shall be
deemed repealed.
S 36. Section 2 of chapter 219 of the laws of 2003, amending the
education law relating to publishers or manufacturers providing printed
instructional materials for college students with disabilities, as
amended by chapter 342 of the laws of 2007, is amended to read as
follows:
S 2. This act shall take effect August 15, 2004 and shall expire and
be deemed repealed [6] 9 years after such effective date.
S 37. Section 2 of chapter 552 of the laws of 1995 amending the educa-
tion law relating to contracts for the transportation of school chil-
dren, as amended by chapter 267 of the laws of 2007, is amended to read
as follows:
S 2. This act shall take effect on the first day of January next
succeeding the date on which it shall have become a law and shall remain
in full force and effect until January 1, [2011] 2012, when upon such
date the provisions of this act shall be deemed repealed.
S 38. 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 chapter 179 of the laws
of 2009, 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, [2010] 2011 when
upon such date the provisions of this act shall be deemed repealed.
S 39. Intentionally omitted.
S 40. Section 2 of chapter 534 of the laws of 1993 amending the educa-
tion law relating to physical therapy assistants, as amended by chapter
148 of the laws of 2006, is amended to read as follows:
S 2. This act shall take effect on the sixtieth day after it shall
have become a law and shall remain in effect until June 30, [2010] 2014
on which date it shall be repealed.
S 41. Section 2 of chapter 20 of the laws of 1998 amending the educa-
tion law relating to the provision of physical therapy assistant
services in public and private primary and secondary schools, as amended
by chapter 36 of the laws of 2005, is amended to read as follows:
S. 6607--A 40 A. 9707--A
S 2. This act shall take effect immediately and shall remain in effect
until June 30, [2010] 2015 when upon such date the provisions of this
act shall expire and be deemed repealed.
S 42. Section 2 of chapter 386 of the laws of 1996, amending the
education law relating to providing for a waiver allowing state aid in
certain circumstances, as amended by chapter 661 of the laws of 2005, is
amended to read as follows:
S 2. This act shall take effect immediately, provided that the
provisions of this act shall be deemed to have been in full force and
effect on and after January 1, 1996, and provided, further that this act
shall be deemed repealed on and after January 1, [2011] 2015.
S 43. Intentionally omitted.
S 44. Section 2 of chapter 537 of the laws of 2008, amending the
education law relating to a restricted dental faculty license, is
amended to read as follows:
S 2. This act shall take effect February 1, 2009 and shall expire
February 1, [2011] 2013 when upon such date the provisions of this act
shall be deemed repealed; provided that the commissioner of education is
authorized to promulgate rules and regulations necessary to implement
the provisions of this act prior to such effective date; and provided
further that any restricted dental faculty license awarded prior to
February 1, [2011] 2013 shall remain valid and effective until the expi-
ration thereof.
S 45. 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 44 of part A of chapter 57 of the laws of 2009, 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, [2011] 2012.
S 46. 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 45 of part A of chapter 57
of the laws of 2009, 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,
[2010] 2011 at which time it shall be deemed repealed;
(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, [2010] 2011;
S. 6607--A 41 A. 9707--A
S 47. The commissioner of education shall conduct one or more pilot
projects in the 2010--2011 school year to identify barriers to the
formation of, and evaluate the cost-effectiveness of, regional transpor-
tation systems as authorized by subdivision 21-b of section 1604 or
subdivision 25 of section 1709 of the education law. On or before Novem-
ber 1, 2010, the commissioner of education shall submit a report to the
board of regents, the governor, the speaker of the assembly and the
majority leader and the temporary president of the senate, the director
of the budget and the legislative fiscal committees analyzing the pilot
projects and their cost-effectiveness, and identifying any barriers to
implementation of regional transportation systems throughout the state,
including any statutory changes needed to promote such implementation.
S 48. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2010-2011 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).
S 49. Support of public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2010 enacting
the education, labor and family assistance budget shall be apportioned
for 2010--2011 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 section, 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 2010--2011
by a chapter of the laws of 2010 enacting the education, labor and fami-
ly assistance budget shall fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion 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 assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
S 50. 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, 2011 and not later than the last day of the third full
business week of June, 2011, 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, 2011, for salary expenses incurred between April 1
and June 30, 2011, 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)
S. 6607--A 42 A. 9707--A
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 paragraph e of subdivision 1 of section 3609-a
of the education law as in effect through June 30, 2011, 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
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 51. 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, 2011, 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, 2011, and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004-05 and 2005-06 school years associated with chang-
es for such public pension liabilities. The amount of such additional
accrual shall be certified to the commissioner of education by the pres-
ident 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
S. 6607--A 43 A. 9707--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 52. 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.
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 elementary, middle, secondary and continu-
ing education program.
S 53. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
S. 6607--A 44 A. 9707--A
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2010-11 school year, as a non-component school
district, services required by article 19 of the education law.
S 54. 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 two thousand ten--two
thousand eleven 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, twenty-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 thou-
sand 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
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000).
b. notwithstanding the provisions of paragraph a of this subdivision,
a school district receiving a grant pursuant to this subdivision may use
such grant funds for: (i) any instructional or instructional support
costs associated with the operation of a magnet school; or (ii) any
instructional or instructional support costs associated with implementa-
tion of an alternative approach to reduction of racial isolation and/or
enhancement of the instructional program and raising of standards in
elementary and secondary schools of school districts having substantial
concentrations 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 commis-
sioner.
c. for the purpose of attendance improvement and dropout prevention
for the two thousand nine--two thousand ten school year, for any city
school district in a city having a population of more than one million,
S. 6607--A 45 A. 9707--A
the setaside for attendance improvement and dropout prevention shall
equal the amount set aside in the base year. For the two thousand ten--
two thousand eleven 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 two thousand ten--two
thousand eleven 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 seventy-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 teachers 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 54-a. Gap elimination adjustment restoration. Notwithstanding any
other provision of law to the contrary, apportionments from this section
shall be supported from funds appropriated for such purpose from the
state fiscal stabilization fund-education fund as funded by the American
recovery and reinvestment act of 2009. For the purposes of this section
the term "fiscal year", followed by a reference to a year shall mean the
period from July first of the preceding year to June thirtieth of the
calendar year referenced.
Funds shall be apportioned to each school district in an amount equal
to the positive difference of the gap elimination adjustment less the
net gap elimination adjustment, both as computed pursuant to paragraph e
of subdivision 1 of section 3609-a of the education law.
Each district shall be eligible, pursuant to applicable federal rules,
regulations and guidelines, for a payment for the 2010--2011 school year
of up to seventy percent (0.7) of such funds on or after the effective
date of this act and up to an additional thirty percent (0.3) of such
funds on or after April 1, 2011.
S 55. 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
S. 6607--A 46 A. 9707--A
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 56. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010, provided,
however, that:
1. Intentionally omitted.
2. sections four-a and five-a of this act shall take effect June 30,
2010.
3. sections three-c, six, six-a, eight, nine, twelve, fifteen, eigh-
teen through twenty-five-a, twenty-six, twenty-seven, forty-eight,
fifty, fifty-one, fifty-four, and fifty-four-a of this act shall take
effect July 1, 2010.
4. sections seven, eleven, and sixteen of this act shall be deemed to
have been in full force and effect on and after July 1, 2009.
5. sections three-a and fourteen of this act shall be deemed to have
been in full force and effect on and after July 1, 2007.
6. section twenty-five-b of this act shall take effect on the sixtieth
day after it shall have become a law.
7. the amendments to subdivision 1 of section 2856 of the education
law made by section six of this act shall not affect the expiration of
such subdivision as provided in chapter 378 of the laws of 2007, as
amended, when upon such date the provisions of section six-a of this act
shall take effect;
8. the amendments to subdivision 6 of section 4402 of the education
law made by section twenty-five of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
9. the amendments to 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 made by sections thirty and thirty-one
of this act shall not affect the repeal of such chapter and shall be
deemed repealed therewith; and
10. Section fifty-two of this act shall be deemed to have been in full
force and effect on and after April 1, 2010 and shall expire and be
deemed repealed on March 31, 2011.
PART B
Section 1. Short title. This act shall be known and may be cited as
the "school paperwork elimination and reduction act of 2010".
S 2. The education law is amended by adding a new section 101-b to
read as follows:
S 101-B. PAPERWORK REDUCTION. 1. IT SHALL BE THE DUTY OF THE COMMIS-
SIONER, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, TO REDUCE
THE PAPERWORK BURDEN ON SCHOOL DISTRICTS BY ELIMINATING AND AVOIDING
DUPLICATIVE REPORTING REQUIREMENTS WHEREVER POSSIBLE, AND BY CONSOLIDAT-
ING PLANS, REPORTS AND APPLICATIONS, WHERE POSSIBLE AND CONSISTENT WITH
LAW. THE COMMISSIONER SHALL CONFORM STATE REPORTING AND PLANNING
REQUIREMENTS TO FEDERAL REQUIREMENTS, WHERE POSSIBLE, AND SHALL SEEK
FEDERAL WAIVERS WHERE NEEDED TO ALIGN STATE AND FEDERAL REQUIREMENTS.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCUSE THE COMMISSIONER OR
THE BOARD OF REGENTS FROM, OR OTHERWISE LIMIT, REPORTING OF INFORMATION
BY THE DEPARTMENT TO THE LEGISLATURE OR THE GOVERNOR UNDER ANY OTHER
LAW.
S. 6607--A 47 A. 9707--A
2. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMIS-
SIONER SHALL REDUCE THE NUMBER OF PLANS, REPORTS AND APPLICATIONS
REQUIRED BY LAW, OF SCHOOL DISTRICTS BY ESTABLISHING STREAMLINED AND
UNIFIED ELECTRONIC DATA COLLECTION SYSTEMS WHICH ELIMINATE REDUNDANT
REPORTING, CONNECT PLANNING AND REPORTING, AND WHICH FOCUS ON COLLECTING
DATA AND REQUIRING PLANNING WHEN NECESSARY TO ASSURE FISCAL AND PROGRAM-
MATIC ACCOUNTABILITY AND COMPLIANCE WITH LAW, TO FOSTER CONTINUOUS
SCHOOL IMPROVEMENT AND CLOSE THE GAP BETWEEN ACTUAL AND DESIRED STUDENT
ACHIEVEMENT, AND TO ASSURE SCHOOLS PROVIDE A SAFE AND SECURE ENVIRONMENT
AND/OR PROTECT THE HEALTH AND SAFETY OF STUDENTS AND STAFF. SUCH SYSTEMS
SHALL LINK PLANNING AND REPORTING TO THE STATE SYSTEM OF ACCOUNTABILITY
REQUIRED UNDER FEDERAL LAW, PROVIDING FOR AN AUDIT BASED ASSESSMENT OF
RISK OF POOR STUDENT PERFORMANCE, POOR FISCAL PERFORMANCE OR IMPROPER
MANAGEMENT OR USE OF PUBLIC FUNDS. THE COMMISSIONER SHALL COLLABORATE
WITH SELECTED SCHOOL DISTRICTS TO PROMOTE BETTER USE OF REQUIRED PLAN-
NING AND REPORTING AND SHALL ASSURE THAT REPORTING REQUIREMENTS INCLUDE
DATA WHICH CAN BE USED TO IDENTIFY BEST PRACTICES. THE COMMISSIONER
SHALL PROVIDE FOR THE SHARING OF EFFECTIVE PLANNING PRACTICES WITH
SCHOOL DISTRICTS AND, TO THE EXTENT PRACTICABLE, SHALL PROVIDE TECHNICAL
ASSISTANCE ON THE USE OF DATA FOR PLANNING, INVOLVE BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES AND INSTITUTIONS OF HIGHER EDUCATION IN
PROVIDING TECHNICAL ASSISTANCE ON THE USE OF DATA FOR STRATEGIC PLANNING
TO SUPERINTENDENTS OF SCHOOLS, SCHOOL BUSINESS OFFICIALS AND TEACHERS,
INVOLVE RESEARCHERS IN DATA ANALYSIS AND EVALUATION, AND, TO THE EXTENT
PRACTICABLE, PROVIDE TECHNICAL ASSISTANCE OR TRAINING ON THE USE OF DATA
IN PLANNING TO SCHOOL BOARD MEMBERS.
S 3. Subdivision 32 of section 305 of the education law is REPEALED.
S 4. Section 805 of the education law is REPEALED.
S 5. Subdivision 2 of section 806 of the education law, as amended by
chapter 946 of the laws of 1973, is amended to read as follows:
2. The regents shall determine the subjects to be included in such
courses of instruction in highway safety and traffic regulation includ-
ing bicycle safety, and the period of instruction in each of the grades
in such subjects. [They shall adopt rules providing for attendance upon
such instruction and for such other matters as are required for carrying
into effect the teaching of the courses of instruction prescribed by
this section. The commissioner of education shall be responsible for
the enforcement of such section and shall cause to be inspected and
supervise the instruction to be given in such subjects. The commissioner
may, in his discretion, cause all or a portion of the public school
money to be apportioned to a district or city to be withheld for failure
of the school authorities of such district or city to provide instruc-
tion in such courses and to compel attendance upon such instruction, as
herein prescribed, and for a noncompliance with the rules of the regents
adopted as herein provided.]
S 6. Subdivision 5 of section 2802 of the education law, as added by
chapter 181 of the laws of 2000, is amended to read as follows:
5. By [January] APRIL first of each year, the commissioner shall
report to the governor, the legislature and the regents concerning the
prevalence of violence and disruptive incidents in the public schools,
and the effectiveness of school programs undertaken to reduce violence
and assure the safety and security of students and school personnel. The
report shall summarize the information available from the incident
reporting system, and [identify specifically the schools and school
districts with the least and greatest incidence of violent and disrup-
tive incidents, and the least and most improvement since the previous
S. 6607--A 48 A. 9707--A
year or years] COMPARE THE INCIDENCE OF VIOLENT AND DISRUPTIVE INCIDENTS
OF SCHOOLS AND SCHOOL DISTRICTS AND BOARDS WITH OTHER SCHOOLS AND SCHOOL
DISTRICTS AND BOARDS BASED ON SIMILARITY IN SIZE AND GRADE LEVELS AND
OTHER CHARACTERISTICS, INCLUDING STUDENT NEED AND RESOURCES, AS DETER-
MINED BY THE COMMISSIONER. The report shall also, to the extent possi-
ble, relate the results available from the incident reporting system,
together with such other analysis and information as the commissioner
determines is appropriate, to the effectiveness of school violence meas-
ures undertaken by participating schools and school districts, including
the school codes and school safety plans required by sections twenty-
eight hundred one and twenty-eight hundred one-a of this article.
S 7. Paragraph b of subdivision 8 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:
b. District plans of service. Any school district receiving an addi-
tional apportionment pursuant to subdivision ten of this section for
pupils in career education programs or a payment in lieu of such appor-
tionment or having a public [excess cost] SPECIAL EDUCATION aid setaside
pursuant to subdivision four of this section shall keep on file and make
available for public inspection and review by the commissioner an
acceptable plan of service describing the student outcomes expected from
implementation of the proposed plan, provided that such plan may be
incorporated into a school district's district-wide comprehensive plan.
The plan of service [submitted by] OF a school district receiving an
additional apportionment pursuant to this section for pupils with disa-
bilities shall also describe how such district intends to ensure that
all instructional materials to be used in the schools of such district
will be made available in a usable alternative format for each student
with a disability and for each student who is a qualified individual
with a disability, at the same time as such instructional materials are
available to non-disabled students, provided that such plan may incorpo-
rate by reference the alternative format plans developed pursuant to
subdivision twenty-nine-a of section sixteen hundred four, subdivision
four-a of section seventeen hundred nine, subdivision seven-a of section
twenty-five hundred three or subdivision seven-a of section twenty-five
hundred fifty-four of this chapter. Such plans shall be in a form
prescribed by the commissioner, and except as heretofore provided, shall
have the content prescribed by the commissioner. The commissioner may,
from time to time, require amendments of such plans as deemed to be
necessary and appropriate to further the educational welfare of the
pupils involved.
S 8. Clause (e) of subparagraph 5 of paragraph b of subdivision 1 of
section 4402 of the education law is REPEALED.
S 9. Paragraph b of subdivision 1 of section 4452 of the education law
is REPEALED.
S 10. Subdivision 10 of section 4403 of the education law is REPEALED.
S 11. This act shall take effect immediately and shall be deemed to be
in full force and effect on and after April 1, 2010; provided, however,
that the commissioner of education shall promulgate any rules or regu-
lations necessary to implement the provisions of this act on or before
April 1, 2011.
PART C
S. 6607--A 49 A. 9707--A
Section 1. Paragraph c of subdivision 4 of section 3602 of the educa-
tion law, as amended by section 14 of part B of chapter 57 of the laws
of 2008, is amended to read as follows:
c. Public [excess cost] SPECIAL EDUCATION aid setaside. Each school
district shall set aside from its total foundation aid computed for the
current year pursuant to this subdivision an amount equal to the product
of: (i) the difference between the amount the school district was eligi-
ble to receive in the two thousand six--two thousand seven school year
pursuant to or in lieu of paragraph six of subdivision nineteen of this
section as such paragraph existed on June thirtieth, two thousand seven,
minus the amount such district was eligible to receive pursuant to or in
lieu of paragraph five of subdivision nineteen of this section as such
paragraph existed on June thirtieth, two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursu-
ant to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public [excess cost]
SPECIAL EDUCATION aid setaside shall be paid pursuant to section thir-
ty-six hundred nine-b of this part.
S 2. Subdivision 5 of section 3602 of the education law, as added by
section 13 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
5. Public high cost [excess cost] SPECIAL EDUCATION aid. A school
district having a pupil with a disability of school age for whom the
cost, as approved by the commissioner, of appropriate special services
or programs exceeds the lesser of ten thousand dollars or four times the
expense per pupil without limits shall be entitled to an additional
apportionment for each such child computed by multiplying the district's
[excess cost] SPECIAL EDUCATION aid ratio by the amount by which such
cost exceeds three times the district's expense per pupil without
limits.
a. For the purpose of this subdivision:
(1) Expense per pupil for the purposes of this subdivision shall be
not less than two thousand dollars and not more than the greater of
seven thousand one hundred ten dollars or the statewide average of such
expense per pupil. Such statewide average expense per pupil shall be
computed and rounded to the nearest fifty dollars by the commissioner
using the expense and pupils as estimated by school districts or as
determined by the commissioner for use in determining the expense per
pupil of the district pursuant to paragraph f of subdivision one of this
section for all districts eligible for aid pursuant to this section. For
the purposes of calculating such statewide expense per pupil, the data
for the city school district of the city of New York shall be city-wide
data.
(2) The [excess cost] SPECIAL EDUCATION aid ratio shall be computed by
subtracting from one the product obtained by multiplying fifty-one per
centum by the combined wealth ratio. This aid ratio shall be expressed
as a decimal carried to three places without rounding, but not less than
twenty-five percent.
b. Notwithstanding section thirty-six hundred nine-a of this part, the
apportionment provided for in this subdivision shall be paid pursuant to
section thirty-six hundred nine-b of this part.
S 3. The subdivision heading and paragraphs a, b, c, d, e, f and g of
subdivision 5-a of section 3602 of the education law, the subdivision
heading and paragraphs a, c, d and g as added by section 13 of part B of
S. 6607--A 50 A. 9707--A
chapter 57 of the laws of 2007, paragraphs b, e and f as amended by
section 15-a of part B of chapter 57 of the laws of 2008, are amended to
read as follows:
Supplemental public [excess cost] SPECIAL EDUCATION aid.
a. Total [excess cost] SPECIAL EDUCATION amount per pupil shall equal
the product of the expense per pupil computed pursuant to subparagraph
one of paragraph a of subdivision five of this section and the [excess
cost] SPECIAL EDUCATION aid ratio, which shall be computed pursuant to
subparagraph two of paragraph a of subdivision five of this section.
b. Basic [excess cost] SPECIAL EDUCATION amount shall equal the prod-
uct of the total [excess cost] SPECIAL EDUCATION amount per pupil and
the resident weighted supplemental pupils with disabilities computed
pursuant to subparagraph five of paragraph i of subdivision one of this
section.
c. Integrated settings [excess cost] SPECIAL EDUCATION amount shall
equal the product of the total [excess cost] SPECIAL EDUCATION amount
per pupil and the integrated settings weighted pupils with disabilities
computed pursuant to subparagraph six of paragraph i of subdivision one
of this section.
d. Declassification support services amount. (1) Declassification
support services shall mean services for teachers and pupils in the
first year that a pupil moves from a special education program to a
full-time regular education program. Services to pupils shall be
provided on a regular basis and may include, but not be limited to
psychological, social work, speech and language services and noncareer
counseling services provided by qualified professional personnel as
defined in regulations of the commissioner. Services for teachers of
such pupils may include the assistance of teacher aides or consultation
with appropriate personnel. When a committee on special education deter-
mines that a pupil no longer needs special education services and is
ready for a full-time regular education program, such committee shall
identify and recommend the appropriate declassification support services
for the first year in the regular education program.
(2) The declassification support services amount shall be equal to
fifty percent of the total [excess cost] SPECIAL EDUCATION amount per
pupil multiplied by the number of such pupils in the base year.
(3) Declassification support services shall not be eligible for an
apportionment pursuant to section nineteen hundred fifty of this chap-
ter.
(4) The commissioner shall adopt regulations to implement the
provisions of this paragraph.
e. Total supplemental public [excess cost] SPECIAL EDUCATION amount
shall be equal to the sum of the basic [excess cost] SPECIAL EDUCATION
aid amount, the integrated settings [excess cost] SPECIAL EDUCATION
amount, the declassification support services amount and the public high
cost [excess cost] SPECIAL EDUCATION aid computed pursuant to subdivi-
sion five of this section for the current year.
f. The supplemental public [excess cost] SPECIAL EDUCATION aid base
shall equal for the two thousand seven--two thousand eight school year,
the amount the school district was eligible to receive in the two thou-
sand six--two thousand seven school year pursuant to or in lieu of para-
graph six of former subdivision nineteen of this section.
g. Supplemental public [excess cost] SPECIAL EDUCATION aid shall equal
the product of ninety-one hundredths and the positive difference, if
any, of:
S. 6607--A 51 A. 9707--A
(1) the difference of the total supplemental [excess cost] SPECIAL
EDUCATION amount minus the supplemental public [excess cost] SPECIAL
EDUCATION aid base, minus (2) the positive difference of the district's
total foundation aid minus the product of one hundred three percent and
the total foundation aid base.
S 4. Paragraph a of subdivision 8 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:
a. Program approval requirements. Any school district receiving an
additional apportionment pursuant to subdivision ten of this section for
pupils in career education programs or a payment in lieu of such appor-
tionment or having a public [excess cost] SPECIAL EDUCATION aid setaside
pursuant to subdivision four of this section shall use the total funds
attributable to such pupils for locally administered programs for such
pupils in accordance with regulations issued by the commissioner. Such
regulations shall provide for the use of such funds in the manner deter-
mined by the commissioner to be the most educationally advantageous for
such pupils. The commissioner shall require the submission of such
reports as are necessary to assure accountability for the use of such
funds. A district which spends any part of its total annual apportion-
ment attributable to such pupils in an unauthorized manner in the base
year shall have its current year apportionment reduced by the amount of
such unauthorized expenditures in the base year.
S 5. The article heading of article 89 of the education law, as added
by chapter 853 of the laws of 1976, is amended to read as follows:
CHILDREN WITH [HANDICAPPING CONDITIONS] DISABILITIES
S 6. The opening paragraph, the second undesignated paragraph, para-
graph a of subdivision 2 and subdivision 3 of section 3609-b of the
education law, as amended by section 33 of part B of chapter 57 of the
laws of 2007, are amended to read as follows:
Moneys apportioned to school districts for the [excess cost] SPECIAL
EDUCATION aid setaside pursuant to subdivision four of section thirty-
six hundred two of this [article] PART and the apportionments for
students with disabilities due in accordance with the provisions of
subdivisions five and five-a of section thirty-six hundred two of this
[article] PART and section forty-four hundred five of this chapter,
shall be paid to or on behalf of school districts in accordance with the
provisions of this section, provided, however, that payments made to or
on behalf of any school district pursuant to this section shall be
adjusted subsequent to the filing, in an acceptable manner, of aid claim
forms prescribed by the commissioner.
For aid payable in the two thousand seven--two thousand eight school
year and thereafter, "moneys apportioned" shall mean the sum of; (i) the
lesser of (A) one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in the school
aid computer listing for the current year, as defined in the opening
paragraph of section thirty-six hundred nine-a of this [article] PART,
or (B) the apportionment calculated by the commissioner for the current
year based on data on file at the time the payment is processed plus
(ii) the [excess cost] SPECIAL EDUCATION aid setaside computed pursuant
to subdivision four of section thirty-six hundred two of this [article]
PART, based on data utilized in producing such school aid listing for
the current year. The definitions "base year" and "current year" as set
S. 6607--A 52 A. 9707--A
forth in subdivision one of section thirty-six hundred two of this
[article] PART shall apply to this section.
a. The moneys apportioned by the commissioner to school districts in
accordance with the provisions of subdivisions five and five-a of
section thirty-six hundred two of this [article] PART and section
forty-four hundred five of this chapter and the moneys apportioned to
school districts for the [excess cost] SPECIAL EDUCATION aid setaside
pursuant to subdivision four of section thirty-six hundred two of this
[article] PART, during the school year and remaining due after
deductions are made for the purposes of subdivision one of this section,
shall be payable, for the two thousand seven--two thousand eight school
year and thereafter in accordance with the following schedule:
(1) December payment. On or before December fifteenth, a portion shall
be paid equal to the positive remainder of twenty-five percent of the
moneys apportioned less any payments made pursuant to paragraph a of
subdivision one of this section for the current year.
(2) March payment. On or before March fifteenth, a portion shall be
paid equal to the positive remainder of seventy percent of the moneys
apportioned less any payments made pursuant to paragraph a of subdivi-
sion one of this section and subparagraph one of this paragraph for the
current year.
(3) June payment. On or before June fifteenth, a portion shall be paid
equal to the positive remainder of eighty-five percent of the moneys
apportioned less any payments made pursuant to paragraph a of subdivi-
sion one of this section and subparagraphs one and two of this paragraph
for the current year.
(4) August payment. To the extent that any moneys are owed to a school
district pursuant to this section, a portion shall be paid on or before
August fifteenth equal to the positive remainder of one hundred percent
of the moneys apportioned less any payments made pursuant to paragraph a
of subdivision one of this section and subparagraphs one, two and three
of this paragraph for the current year.
(5) Deferred September payment. Any amount payable to a school
district pursuant to this section which exceeded one hundred percent of
the respective amount set forth for such district as payable pursuant to
this section in the school aid computer listing for the current school
year shall be designated for payment for the month of September next
following the close of the current school year. Such payments shall be
made on the first state business day of the month of September, based on
data on file as of August first; provided however, that for the Septem-
ber two thousand six payment such calculation shall be based on the
computer listing for the current year using data on file as of August
first.
3. Due minimum supplemental apportionment. Notwithstanding any incon-
sistent provisions of subdivisions five and five-a of section thirty-six
hundred two of this [article] PART and section forty-four hundred five
of this chapter, for the two thousand seven--two thousand eight school
year and thereafter, the due minimum supplemental apportionment shall
equal the positive remainder resulting when the sum of the apportion-
ments due a school district pursuant to such subdivisions five and
five-a and such section forty-four hundred five for any school year and,
the moneys apportioned for the [excess cost] SPECIAL EDUCATION aid seta-
side pursuant to subdivision four of section thirty-six hundred two of
this [article] PART, is subtracted from the amount designated as the
state share of moneys due a school district pursuant to title XIX of the
social security act, on account of school supportive health services
S. 6607--A 53 A. 9707--A
provided to pupils with disabilities in special education programs
pursuant to article eighty-nine of this chapter as determined in accord-
ance with the provisions of subdivision one of this section. Any addi-
tional apportionment pursuant to this subdivision shall be computed and
recomputed by the commissioner in the normal course of auditing school
district claims for aid.
S 7. Subdivisions 6 and 7 of section 4401 of the education law,
subdivision 6 as amended by chapter 57 of the laws of 1993 and subdivi-
sion 7 as amended by chapter 53 of the laws of 1984, are amended to read
as follows:
6. "Excess SPECIAL EDUCATION cost" shall mean the difference between
the tuition and the sum of the following:
a. the school district basic contribution as defined in subdivision
eight of this section; and
b. the amount of federal funds received by the school district and
expended for such pupil which in the judgment of the commissioner shall
be deemed duplicative.
7. "[Excess cost] SPECIAL EDUCATION aid ratio" for a school district
shall be computed by subtracting from one the product obtained by multi-
plying fifteen per centum by the combined wealth ratio as defined in
section thirty-six hundred two of this chapter. This aid ratio shall be
expressed as a decimal carried to three places without rounding, but
shall not be less than fifty hundredths, nor more than one.
S 8. Paragraphs a and c of subdivision 3 of section 4405 of the educa-
tion law, paragraph a as amended by chapter 57 of the laws of 1993 and
paragraph c as amended by chapter 82 of the laws of 1995, are amended to
read as follows:
a. In addition to any other apportionments under the provisions of
this chapter, there shall be apportioned to each applicable school
district for each child with a [handicapping condition] DISABILITY in
attendance in a state school under the provisions of paragraph d of
subdivision two of section forty-four hundred one of this article or an
approved program under the provisions of paragraphs e, f, g, h, i and l
of such subdivision two, the product of such attendance, computed in
accordance with regulations of the commissioner, and the [excess cost]
SPECIAL EDUCATION aid: an amount computed by multiplying the excess
SPECIAL EDUCATION cost, as defined in subdivision six of section forty-
four hundred one of this article by the [excess cost] SPECIAL EDUCATION
aid ratio [defined in subdivision seven of this section].
c. The apportionments to each school district pursuant to this subdi-
vision shall be based on excess SPECIAL EDUCATION cost paid and attend-
ance during the base year.
S 9. This act shall take effect July 1, 2010.
PART D
Section 1. Subdivision 3 of section 9.01 of the arts and cultural
affairs law, as added by chapter 824 of the laws of 1992, is amended to
read as follows:
3. Teachers should be experienced in the use of arts and theatre tech-
niques in reaching and working with children and young people, as well
as be prepared in the use of community cultural and human resources.
The legislature further finds that IF FUNDS ARE AVAILABLE FOR THIS
PURPOSE, there [should] MAY be a state theatre institute dedicated to
bringing arts in education to the children and young people of this
state.
S. 6607--A 54 A. 9707--A
It is further found that such state theatre institute should embody a
model theatre and education program for the children of New York state
and should symbolize the commitment of the people of the state of New
York to the maintenance and development of theatre and education for
children and young people while making programs of such theatre insti-
tute accessible to the general public.
It is further found that such state theatre institute [should] MAY
establish affiliations with public and private schools, institutions of
higher learning and arts centers to assure delivery of its services to
young people throughout the state.
It is therefore found and declared that these findings can best be met
through the establishment of a public benefit corporation to be known as
the New York state theatre institute corporation and the powers and
duties of the corporation defined in this article are necessary and
proper for the achievement of these ends.
S 2. The opening paragraph of section 9.07 of the arts and cultural
affairs law, as added by chapter 824 of the laws of 1992, is amended to
read as follows:
The New York state theatre institute corporation [shall] MAY:
S 3. Subdivision 2 of section 9.13 of the arts and cultural affairs
law is REPEALED.
S 4. Subdivision 1 of section 9.15 of the arts and cultural affairs
law, as amended by chapter 825 of the laws of 1992, is amended to read
as follows:
1. To effect the purposes of this article, the corporation may request
from any department, division, commission, or other agency of the state,
and the same [are authorized and directed to] MAY provide such cooper-
ation and assistance and services of processing payroll for the corpo-
ration's state employees and other services as would enable the corpo-
ration properly to carry out its powers and duties hereunder.
S 5. Section 12 of chapter 688 of the laws of 1979, relating to creat-
ing the Nelson A. Rockefeller Empire State Plaza performing arts center
corporation, as amended by chapter 62 of the laws of 1989, is amended to
read as follows:
S 12. [The corporation shall annually submit a proposed budget to the
director of the budget in September at the time as budget requests are
required to be submitted by state departments. The proposed budget shall
contain an operating budget, an equipment and an estimate of revenues.]
THE CORPORATION SHALL SUBMIT ANNUALLY A REQUEST TO THE OFFICE OF GENERAL
SERVICES FOR MAINTENANCE NEEDS. THE OFFICE SHALL INCLUDE SUCH REQUEST AS
AN INTEGRAL PART OF THAT AGENCY'S OVERALL BUDGET REQUEST THAT IS SUBMIT-
TED TO THE DIRECTOR OF THE BUDGET.
S 6. This act shall take effect immediately.
PART E
Section 1. This act shall be known and may be cited as the "New York
state public higher education empowerment and innovation act".
S 2. This act enacts into law major components of legislation which
are necessary to implement the state fiscal plan for the 2010-2011 state
fiscal year. Each component is wholly contained within a Subpart identi-
fied as Subparts A through F. The effective date for each particular
provision contained within such Subpart is set forth in the last section
of such Subpart. Any provision in any section contained within a
Subpart, including the effective date of the Subparts, which makes a
reference to a section "of this act", when used in connection with that
S. 6607--A 55 A. 9707--A
particular component, shall be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section four of
this act sets forth the general effective date of this act.
SUBPART A
Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section
355 of the education law, as amended by chapter 309 of the laws of 1996,
is amended to read as follows:
(4) The trustees shall not impose a differential tuition charge based
upon need or income. [All] UNTIL THE ACADEMIC YEAR COMMENCING TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN, ALL students enrolled in programs leading
to like degrees at state-operated institutions of the state university
shall be charged a uniform rate of tuition except for differential
tuition rates based on state residency[. Provided]; PROVIDED, however,
that UNTIL THE ACADEMIC YEAR COMMENCING TWO THOUSAND TEN--TWO THOUSAND
ELEVEN, the trustees may authorize the presidents of the colleges of
technology and the colleges of agriculture and technology to set differ-
ing rates of tuition for each of the colleges for students enrolled in
degree-granting programs leading to an associate degree and non-degree
granting programs so long as such tuition rate does not exceed the
tuition rate charged to students who are enrolled in like degree
programs or degree-granting undergraduate programs leading to a bacca-
laureate degree at other state-operated institutions of the state
university of New York[. The trustees shall not adopt changes affecting
tuition charges prior to the enactment of the annual budget.]; AND
PROVIDED FURTHER, THAT:
(I) COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC
YEAR, THE PRESIDENT OF ANY STATE-OPERATED INSTITUTION, IN CONSULTATION
WITH THE RESPECTIVE STUDENT GOVERNMENT AND UPON THE RECOMMENDATION OF
THE RESPECTIVE COLLEGE COUNCIL, MAY RECOMMEND TO THE TRUSTEES, AND THE
TRUSTEES SHALL BE AUTHORIZED TO IMPLEMENT, DIFFERING RATES OF ANNUAL
TUITION UPON THE BASIS OF CAMPUS OR PROGRAM:
(1) FOR STUDENTS WHO ARE NEW YORK STATE RESIDENTS IN COURSES OF STUDY
LEADING TO UNDERGRADUATE, GRADUATE AND FIRST PROFESSIONAL DEGREES;
PROVIDED, HOWEVER, THAT ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND TEN
THE TRUSTEES SHALL PROMULGATE GUIDELINES OUTLINING THE CRITERIA SUCH
CAMPUS OR PROGRAM MUST MEET IN ORDER TO QUALIFY FOR DIFFERENTIAL RATES.
SUCH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM COST,
PROGRAM MIX, NEED, COMPARISON WITH PEER PROGRAMS OR CAMPUSES, ECONOMIC
ELASTICITY, IMPACT ON ACCESS, FAIRNESS AND MEASURES TO ENSURE THAT
STUDENTS ARE NOT STEERED TOWARD CERTAIN COURSES OF STUDY BASED ON ABILI-
TY TO PAY; AND
(2) FOR ALL STUDENTS WHO ARE NOT NEW YORK STATE RESIDENTS, PROVIDED
THAT THE TRUSTEES SHALL ESTABLISH MAXIMUM PERCENTAGE ENROLLMENT LIMITA-
TIONS FOR SUCH STUDENTS.
(II) NOTWITHSTANDING THE FOREGOING, ANY TUITION INCREASE IMPLEMENTED
PURSUANT TO THIS SUBPARAGRAPH, OTHER THAN PURSUANT TO CLAUSE (I) OF THIS
SUBPARAGRAPH SHALL NOT EXCEED TWO AND A HALF TIMES THE FIVE YEAR ROLLING
AVERAGE OF THE HIGHER EDUCATION PRICE INDEX.
(III) NOTHING IN THIS SECTION OR ANY OTHER PROVISION OF LAW SHALL BE
INTERPRETED AS PREVENTING STATE-OPERATED INSTITUTIONS FROM PROVIDING
SCHOLARSHIPS OR FINANCIAL AID TO STUDENTS ON THE BASIS OF NEED, WHICH
AID SHALL NOT REQUIRE A DEPOSIT OF FUNDS INTO THE STATE TREASURY OR ANY
ACCOUNT HELD BY THE OFFICE OF THE STATE COMPTROLLER.
S. 6607--A 56 A. 9707--A
S 2. Paragraph (a) of subdivision 7 of section 6206 of the education
law, as amended by chapter 327 of the laws of 2002, the opening para-
graph as amended by section 2 of part O of chapter 58 of the laws of
2006, is amended to read as follows:
(a) The board of trustees shall establish positions, departments,
divisions and faculties; appoint and in accordance with the provisions
of law fix salaries of instructional and non-instructional employees
therein; establish and conduct courses and curricula; prescribe condi-
tions of student admission, attendance and discharge; and shall have the
power to determine in its discretion whether tuition shall be charged
and to regulate tuition charges, and other instructional and non-in-
structional fees and other fees and charges at the educational units of
the city university. The trustees shall review any proposed community
college tuition increase and the justification for such increase. The
justification provided by the community college for such increase shall
include a detailed analysis of ongoing operating costs, capital, debt
service expenditures, and all revenues. The trustees shall not impose a
differential tuition charge based upon need or income. All students
enrolled in programs leading to like degrees at the senior colleges
shall be charged a uniform rate of tuition, except for differential
tuition rates based on state residency[.]; PROVIDED, HOWEVER, THAT:
(I) COMMENCING WITH THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC
YEAR, THE PRESIDENT OF ANY SENIOR COLLEGE, IN CONSULTATION WITH THE
RESPECTIVE STUDENT GOVERNMENT, MAY RECOMMEND TO THE CHANCELLOR, AND UPON
RECOMMENDATION OF THE CHANCELLOR, THE TRUSTEES SHALL BE AUTHORIZED TO
IMPLEMENT, DIFFERING RATES OF ANNUAL TUITION UPON THE BASIS OF CAMPUS OR
PROGRAM:
(1) FOR STUDENTS WHO ARE NEW YORK STATE RESIDENTS IN COURSES OF STUDY
LEADING TO UNDERGRADUATE, GRADUATE AND FIRST PROFESSIONAL DEGREES;
PROVIDED, HOWEVER, THAT ON OR BEFORE JUNE FIFTEENTH, TWO THOUSAND TEN
THE TRUSTEES SHALL PROMULGATE GUIDELINES OUTLINING THE CRITERIA SUCH
CAMPUS OR PROGRAM MUST MEET IN ORDER TO QUALIFY FOR DIFFERENTIAL RATES.
SUCH MEASURES SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM COST,
PROGRAM MIX, NEED, COMPARISON WITH PEER PROGRAMS OR CAMPUSES, ECONOMIC
ELASTICITY, IMPACT ON ACCESS, FAIRNESS AND MEASURES TO ENSURE THAT
STUDENTS ARE NOT STEERED TOWARD CERTAIN COURSES OF STUDY BASED ON ABILI-
TY TO PAY; AND
(2) FOR ALL STUDENTS WHO ARE NOT NEW YORK STATE RESIDENTS, PROVIDED
THAT THE TRUSTEES SHALL ESTABLISH MAXIMUM PERCENTAGE ENROLLMENT LIMITA-
TIONS FOR SUCH STUDENTS.
(II) NOTWITHSTANDING THE FOREGOING, ANY TUITION INCREASE IMPLEMENTED
PURSUANT TO THIS PARAGRAPH, OTHER THAN PURSUANT TO CLAUSE ONE OF SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH, SHALL NOT EXCEED TWO AND A HALF TIMES THE
FIVE YEAR ROLLING AVERAGE OF THE HIGHER EDUCATION PRICE INDEX.
(A-1) The trustees shall further provide that the payment of tuition
and fees by any student who is not a resident of New York state, other
than a non-immigrant alien within the meaning of paragraph (15) of
subsection (a) of section 1101 of title 8 of the United States Code,
shall be paid at a rate or charge no greater than that imposed for
students who are residents of the state if such student:
(i) attended an approved New York high school for two or more years,
graduated from an approved New York high school and applied for attend-
ance at an institution or educational unit of the city university within
five years of receiving a New York state high school diploma; or
(ii) attended an approved New York state program for general equiv-
alency diploma exam preparation, received a general equivalency diploma
S. 6607--A 57 A. 9707--A
issued within New York state and applied for attendance at an institu-
tion or educational unit of the city university within five years of
receiving a general equivalency diploma issued within New York state; or
(iii) was enrolled in an institution or educational unit of the city
university in the fall semester or quarter of the two thousand one--two
thousand two academic year and was authorized by such institution or
educational unit to pay tuition at the rate or charge imposed for
students who are residents of the state.
A student without lawful immigration status shall also be required to
file an affidavit with such institution or educational unit stating that
the student has filed an application to legalize his or her immigration
status, or will file such an application as soon as he or she is eligi-
ble to do so. The trustees shall not adopt changes in tuition charges
prior to the enactment of the annual budget. The board of trustees may
accept as partial reimbursement for the education of veterans of the
armed forces of the United States who are otherwise qualified such sums
as may be authorized by federal legislation to be paid for such educa-
tion. The board of trustees may conduct on a fee basis extension courses
and courses for adult education appropriate to the field of higher
education. In all courses and courses of study it may, in its
discretion, require students to pay library, laboratory, locker, break-
age and other instructional and non-instructional fees and meet the cost
of books and consumable supplies. In addition to the foregoing fees and
charges, the board of trustees may impose and collect fees and charges
for student government and other student activities and receive and
expend them as agent or trustee.
S 3. Subdivisions 8 and 8-a of section 355 of the education law,
subdivision 8 as amended by chapter 553 of the laws of 1985 and subdivi-
sion 8-a as added by chapter 363 of the laws of 1998, are amended to
read as follows:
8. 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, SAVINGS UNDER ENERGY
PERFORMANCE, PROCUREMENT OR SUPPLY CONTRACTS and from [all other sourc-
es, 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 designated by the state comptroller] HELD BY THE
STATE UNIVERSITY. 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 institutions of the
state university shall be used for expenses of the state university
under regulations prescribed by the state university trustees.
8-a. All monies received by state university health care facilities
from fees, charges, and reimbursement and from all other sources, OTHER
THAN APPROPRIATIONS, shall be credited to a state university health care
account in a fund [to be designated by the state comptroller] HELD BY
THE STATE UNIVERSITY. Monies to establish reserves for long-term
expenses of state university health care facilities and to fulfill obli-
gations required for any contract for health care services authorized
pursuant to subdivision sixteen of this section may be designated by the
state university as a reserve and transferred to a separate contractual
reserve account. The amounts in such accounts shall be available for use
in accordance with [paragraph b of subdivision four and] subdivision
eight of this section. Monies shall [only] be expended from the state
university health care account and the contractual reserve account
S. 6607--A 58 A. 9707--A
[pursuant to] WITHOUT appropriation; PROVIDED, HOWEVER, THAT GENERAL
FUND SUPPORT FOR THE OPERATIONS OF STATE UNIVERSITY HEALTH CARE FACILI-
TIES SHALL BE EXPENDED PURSUANT TO APPROPRIATION. Notwithstanding any
provision of this chapter, the state finance law or any other law to the
contrary, [such appropriations] MONIES APPROPRIATED IN SUPPORT OF THE
STATE UNIVERSITY HEALTH CARE FACILITIES shall remain in full force and
effect for two years from the effective date of the appropriation act
making the appropriation. Monies so transferred may be returned to the
state university health care account; provided, however, that funds in
such contractual reserve account must be sufficient to meet the obli-
gations of all such contracts.
S 4. Subdivision 8-b of section 355 of the education law is REPEALED.
S 5. Section 4 of the state finance law is amended by adding a new
subdivision 11 to read as follows:
11. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, MONEYS HELD BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
STATE UNIVERSITY THAT ARE INTENDED TO BE SELF-SUPPORTING SHALL BE PAID
WITHOUT AN APPROPRIATION.
S 6. Subdivision 2 of section 121 of the state finance law, as amended
by chapter 293 of the laws of 1992, is amended to read as follows:
2. There are excepted from payment to the treasury as provided by
subdivision one of this section: (i) all moneys to which the provisions
of subdivision four of section four of this chapter apply unless such
moneys are held in a fund subject to appropriation; (ii) moneys held as
part of the principal of an endowment of the state university of New
York, units thereof and other state agencies; (III) MONEYS RECEIVED BY
THE STATE UNIVERSITY OF NEW YORK DERIVED FROM TUITION, FEES, USER CHARG-
ES, SALES OF PRODUCTS AND SERVICES, SAVINGS UNDER ENERGY PERFORMANCE,
PROCUREMENT OR SUPPLY CONTRACTS AND FROM SOURCES AND ACTIVITIES OF THE
STATE UNIVERSITY THAT ARE INTENDED TO BE SELF-SUPPORTING; and [(iii)]
(IV) moneys received pursuant to a clinical practice plan established
pursuant to subdivision fourteen of section two hundred six of the
public health law. In those cases where such moneys are held in the
custody of the state officer other than the comptroller, the officer
shall file with the comptroller, at such times as the comptroller shall
determine, a detailed statement, in such form and content as the comp-
troller shall prescribe, for the period covered by the statement. The
comptroller shall from time to time, but not less than once in every
three years, examine the books and accounts relating to such moneys
heretofore or hereinafter established, including its receipts, disburse-
ments, investments, and any financial matters. An independent audit of
such moneys may be authorized by the comptroller in lieu of his own
examination, which examination shall be undertaken within twelve months
of such authorization.
S 7. Section 359 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. ON OR BEFORE MARCH FIRST, ANNUALLY, FOR THE SIX MONTH PERIOD ENDING
THE PRECEDING DECEMBER THIRTY-FIRST, AND ON OR BEFORE SEPTEMBER FIRST,
FOR THE SIX MONTH PERIOD ENDING THE PRECEDING JUNE THIRTIETH, THE STATE
UNIVERSITY SHALL PROVIDE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE
AND ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE BUDGET A
REPORT THAT SHALL INCLUDE THE FOLLOWING:
S. 6607--A 59 A. 9707--A
A. THE ALLOCATION BY THE STATE UNIVERSITY, BY STATE-OPERATED CAMPUS,
SYSTEM ADMINISTRATION AND UNIVERSITY-WIDE PROGRAM, OF STATE AID APPRO-
PRIATED TO THE STATE UNIVERSITY;
B. REVENUE RECEIVED BY EACH STATE-OPERATED CAMPUS FROM TUITION, FEES
AND OTHER SOURCES AND ACTIVITIES OF THE STATE UNIVERSITY THAT ARE
INTENDED TO BE SELF-SUPPORTING (I) WITH RESPECT TO TUITION REVENUE, BY
PROGRAM OR DEGREE CATEGORY, (II) WITH RESPECT TO FEE REVENUE, BY A LIST-
ING OF EACH FEE, THE AMOUNT THEREOF, AND AGGREGATE REVENUE PER FEE, AND
(III) WITH RESPECT TO REVENUE DERIVED FROM OTHER SOURCES AND ACTIVITIES,
BY A LISTING OF EACH SOURCE, AND THE AGGREGATE REVENUE DERIVED FROM EACH
SOURCE;
C. EXPENDITURES MADE BY EACH STATE-OPERATED CAMPUS FOR PERSONAL
SERVICE AND NON-PERSONAL SERVICE, AND (I) WITH RESPECT TO PERSONAL
SERVICE, FOR PERSONAL SERVICE-REGULAR, TEMPORARY SERVICE AND
HOLIDAY/OVERTIME COMPENSATION, AND (II) WITH RESPECT TO NON-PERSONAL
SERVICE, BY SUPPLIES AND MATERIALS, TRAVEL, CONTRACTUAL SERVICES AND
EQUIPMENT;
D. PROGRAMS AND ACTIVITIES THE STATE UNIVERSITY HAS FUNDED WITH
TUITION REVENUE DERIVED FROM DIFFERING RATES OF TUITION UPON THE BASIS
OF CAMPUS OR PROGRAM AUTHORIZED PURSUANT TO CLAUSE (I) OF SUBPARAGRAPH
FOUR OF PARAGRAPH (H) OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THIS ARTICLE;
E. ENROLLMENT AT EACH STATE-OPERATED CAMPUS (I) IN THE AGGREGATE, AND
(II) BY PROGRAM OR DEGREE CATEGORY AS SET FORTH IN SUBPARAGRAPH (I) OF
PARAGRAPH B OF THIS SUBDIVISION; AND
F. SUCH OTHER INFORMATION AS THE DIRECTOR OF THE BUDGET SHALL REQUEST.
S 8. Section 352 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE STATE SHALL
ANNUALLY APPROPRIATE AND PAY AN AMOUNT, TO BE HELD IN ACCOUNTS OF THE
STATE UNIVERSITY OF NEW YORK, EQUAL TO AVAILABLE STATE SUPPORT FOR THE
STATE UNIVERSITY. SUCH STATE PAYMENT SHALL BE MADE IN FOUR INSTALL-
MENTS, ON OR BEFORE THE FIRST WEEK OF JULY, OCTOBER, JANUARY AND APRIL.
S 9. Paragraph 4-a of subdivision A of section 6221 of the education
law is REPEALED.
S 10. Paragraphs 1 and 7 of subdivision A of section 6221 of the
education law, paragraph 1 as amended by chapter 554 of the laws of
1985, paragraph 7 as added by chapter 305 of the laws of 1979 and
subparagraph (d) of paragraph 7 as amended by chapter 585 of the laws of
1988, are amended to read as follows:
1. Notwithstanding any other provision of law, AMOUNTS FOR all expend-
itures, WHICH INCLUDES NET OPERATING EXPENSES AS DEFINED BY PARAGRAPH
SEVEN OF THIS SUBDIVISION, TUITION AS DEFINED IN SUBPARAGRAPH (A) OF
SUCH PARAGRAPH AND THAT PORTION OF OPERATING COSTS OF CENTRAL ADMINIS-
TRATION AND UNIVERSITY-WIDE PROGRAMS AS DEFINED BY SUBPARAGRAPH (D) OF
SUCH PARAGRAPH for the senior college programs and services of the city
university of New York shall continue to be pre-financed from city of
New York funds. The comptroller of the state of New York may establish a
separate fund for the receipt and deposit of such pre-financing funds
from the city of New York pursuant to this subdivision, and all other
monies deemed appropriate by the state comptroller and the state direc-
tor of the budget, except that all monies presently required by law to
be paid directly to the city university construction fund shall continue
to be so paid. All [monies] NET OPERATING EXPENSES AS DEFINED IN PARA-
GRAPH SEVEN OF THIS SUBDIVISION appropriated for such senior college
programs and services[, or derived from other sources in the course of
S. 6607--A 60 A. 9707--A
the administration thereof,] shall be expended upon vouchers approved by
the chancellor of the city university, as chief administrative officer
of the city university, or by such authority or authorities in the city
university as shall be designated by the chancellor by a rule or written
direction filed with the comptroller, when and in the manner authorized
by the board of trustees. No monies appropriated for such senior college
programs and services[, or derived from other sources in the course of
the administration thereof,] shall be expended until a certificate of
the aggregate funds available for expenditure pursuant to section
forty-nine of the state finance law has been approved by the director of
the budget and copies thereof filed with the state comptroller, the
chairman of the senate finance committee and the chairman of the assem-
bly ways and means committee. ALL TUITION AND INSTRUCTIONAL AND NON-IN-
STRUCTIONAL FEES ATTRIBUTABLE TO THE SENIOR COLLEGES AND RECEIVED FROM
THE CITY UNIVERSITY CONSTRUCTION FUND PURSUANT TO SUBDIVISION (B) OF
SECTION SIXTY-TWO HUNDRED SEVENTY-EIGHT OF THIS TITLE AND THAT PORTION
OF OPERATING COSTS OF CENTRAL ADMINISTRATION AND UNIVERSITY-WIDE
PROGRAMS SHALL BE PAID AND EXPENDED WITHOUT AN APPROPRIATION UPON WRIT-
TEN AGREEMENT BY THE CITY UNIVERSITY, THE OFFICE OF THE STATE COMP-
TROLLER, AND THE NEW YORK CITY COMPTROLLER SETTING FORTH THE AMOUNT, TO
BE COMPRISED OF ALL COSTS PRE-FINANCED BY NEW YORK CITY LESS NET OPERAT-
ING EXPENSES. IF AN AMOUNT IS NOT AGREED TO WITHIN THIRTY DAYS FOLLOWING
THE ENACTMENT OF THE BUDGET THEN THE DIRECTOR OF THE BUDGET SHALL DETER-
MINE SUCH AMOUNT. In regard to the city university, the director of the
budget shall exercise the authority granted under section forty-nine of
the state finance law in accordance with the provisions of paragraph b
of subdivision four of section three hundred fifty-five of this chapter.
7. For the purposes of this subdivision, "net operating expenses"
shall be defined as the total operating expenses of approved programs
and services less: (a) all [excess] tuition and instructional and non-
instructional fees attributable to the senior colleges and received from
the city university construction fund pursuant to subdivision b of
section sixty-two hundred seventy-eight of this [chapter] TITLE; (b) an
amount to be deposited from overhead funds and miscellaneous earnings
recovered in the administration of sponsored programs for which the
research foundation of the city university of New York has been desig-
nated as fiscal administrator; (c) the amount of all monies from any
source other than those paid by the city, if any, and the state on a per
centum basis of the net operating budget, which are expended through the
operating budget; and (d) that portion of the operating costs of central
administration and university-wide programs which the state budget
director determines to be chargeable to the community colleges and which
is to be paid by the city of New York pursuant to paragraph two of
subdivision C of this section.
S 11. Section 6233 of the education law is amended by adding a new
subdivision 4 to read as follows:
4. ON OR BEFORE MARCH FIRST, ANNUALLY, FOR THE SIX MONTH PERIOD ENDING
THE PRECEDING DECEMBER THIRTY-FIRST, AND ON OR BEFORE SEPTEMBER FIRST,
FOR THE SIX MONTH PERIOD ENDING THE PRECEDING JUNE THIRTIETH, THE CITY
UNIVERSITY SHALL PROVIDE TO THE CHAIRS OF THE SENATE FINANCE COMMITTEE
AND ASSEMBLY WAYS AND MEANS COMMITTEE AND THE DIRECTOR OF THE BUDGET A
REPORT THAT SHALL INCLUDE THE FOLLOWING:
A. THE ALLOCATION BY THE CITY UNIVERSITY, BY SENIOR COLLEGE CAMPUS,
CENTRAL ADMINISTRATION AND UNIVERSITY-WIDE PROGRAMS, OF STATE AID APPRO-
PRIATED TO THE CITY UNIVERSITY;
S. 6607--A 61 A. 9707--A
B. REVENUE RECEIVED BY EACH SENIOR COLLEGE CAMPUS FROM TUITION, FEES
AND OTHER SOURCES AND ACTIVITIES OF THE CITY UNIVERSITY THAT ARE
INTENDED TO BE SELF-SUPPORTING (I) WITH RESPECT TO TUITION REVENUE, BY
PROGRAM OR DEGREE CATEGORY, (II) WITH RESPECT TO FEE REVENUE, BY A LIST-
ING OF EACH FEE, THE AMOUNT THEREOF, AND AGGREGATE REVENUE PER FEE, AND
(III) WITH RESPECT TO REVENUE DERIVED FROM OTHER SOURCES AND ACTIVITIES,
BY A LISTING OF EACH SOURCE, AND THE AGGREGATE REVENUE DERIVED FROM EACH
SOURCE;
C. EXPENDITURES MADE BY EACH SENIOR COLLEGE CAMPUS FOR PERSONAL
SERVICE AND NON-PERSONAL SERVICE, AND (I) WITH RESPECT TO PERSONAL
SERVICE, FOR PERSONAL SERVICE-REGULAR, TEMPORARY SERVICE AND
HOLIDAY/OVERTIME COMPENSATION, AND (II) WITH RESPECT TO NON-PERSONAL
SERVICE, BY SUPPLIES AND MATERIALS, TRAVEL, CONTRACTUAL SERVICES AND
EQUIPMENT;
D. PROGRAMS AND ACTIVITIES THE CITY UNIVERSITY HAS FUNDED WITH TUITION
REVENUE DERIVED FROM DIFFERING RATES OF TUITION UPON THE BASIS OF CAMPUS
OR PROGRAM AUTHORIZED PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
SUBDIVISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS ARTICLE;
E. ENROLLMENT AT EACH SENIOR COLLEGE CAMPUS (I) IN THE AGGREGATE, AND
(II) BY PROGRAM OR DEGREE CATEGORY AS SET FORTH IN SUBPARAGRAPH (I) OF
PARAGRAPH B OF THIS SUBDIVISION; AND
F. SUCH OTHER INFORMATION AS THE DIRECTOR OF THE BUDGET SHALL REQUEST.
S 12. Subdivision 1 of section 355-a of education law, as amended by
chapter 552 of the laws of 1985, paragraph (b) as amended by chapter 554
of the laws of 1985, is amended to read as follows:
1. (a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND BENE-
FITS, INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF
CIVIL SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF THE
STATE UNIVERSITY AFFECTED BY THE PROVISIONS OF THE NEW YORK STATE PUBLIC
HIGHER EDUCATION EMPOWERMENT AND INNOVATION ACT, SHALL BE PRESERVED AND
PROTECTED. INCUMBENTS OF ANY NEWLY CREATED POSITIONS WITHIN THE STATE
UNIVERSITY SHALL BE CONSIDERED PUBLIC EMPLOYEES FOR ALL PURPOSES OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
(B) The state university trustees are authorized and empowered to
classify and reclassify all positions in the state university determined
pursuant to section thirty-five of the civil service law to be in the
professional service as defined in subdivision three of this section,
except those of the New York state colleges, schools and experiment
stations administered by Cornell university and Alfred university.
[(b)] (C) To the fullest extent possible consistent with its authority
under the civil service law, and after consultation with the state
university trustees, the state civil service commission shall consider
the unique educational mission and operating requirements of the state
university when making any determination relating to the jurisdictional
classification of positions in the state university in the classified
service. The director of the classification and compensation division of
the department of civil service shall similarly consider the unique
educational mission and operating requirements of the state university
when making determinations concerning the classification and reclassi-
fication and the allocation and reallocation of the positions in the
state university in the classified service.
S 13. Section 6207 of the education law, as added by chapter 305 of
the laws of 1979, is amended to read as follows:
S 6207. Administration of civil service. 1. NOTWITHSTANDING ANY LAW
TO THE CONTRARY, ALL RIGHTS AND BENEFITS, INCLUDING TERMS AND CONDITIONS
OF EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING
S. 6607--A 62 A. 9707--A
STATUS OF ALL EMPLOYEES OF THE CITY UNIVERSITY AFFECTED BY THE
PROVISIONS OF THE NEW YORK STATE PUBLIC HIGHER EDUCATION EMPOWERMENT AND
INNOVATION ACT, SHALL BE PRESERVED AND PROTECTED. INCUMBENTS OF ANY
NEWLY CREATED POSITIONS WITHIN THE CITY UNIVERSITY SHALL BE CONSIDERED
PUBLIC EMPLOYEES FOR ALL PURPOSES OF ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW.
(2) The city university, for the purpose of administering the state
civil service law, shall be deemed to be a municipal employer, provided,
however, that the city university may elect to delegate the adminis-
tration of any or all of the provisions of the civil service law, except
article fourteen OF SUCH LAW, to the department of personnel of the city
of New York. In that event, the city department of personnel shall
enter into a contract with such university for the rendition of such
services. The city university of New York shall compensate the city of
New York for such services only with respect to such services rendered
for or on behalf of the senior colleges of such university. If the city
of New York and city university cannot agree on the amount of such
compensation, the state comptroller shall determine the fair and reason-
able value of such services and the city university shall pay such sum
to the city of New York. Any person on an eligible list for a position
with the city university of New York in effect on the effective date of
this article shall continue to hold such position on such list and shall
be entitled to the same civil service rights. With respect to all
persons employed by the city university on the effective date of this
article, the city university and the city of New York shall be deemed to
be the same public employer only for purposes of transfer of employment
under the civil service law. No civil service right of an employee of
the city university of New York employed on the effective date of this
article shall be lost, impaired or affected by reason of the enactment
of this article into law.
S 14. This act shall take effect immediately.
SUBPART B
Section 1. Paragraph a of subdivision 2 of section 355 of the educa-
tion law, as amended by chapter 552 of the laws of 1985, is amended to
read as follows:
a. (1) To take, hold and administer on behalf of the state university
or any institution therein, real and personal property or any interest
therein and the income thereof either absolutely or in trust for any
educational or other purpose within the jurisdiction and corporate
purposes of the state university. The trustees may acquire property for
such purposes by purchase, appropriation or lease and by the acceptance
of gifts, grants, bequests and devises, and, within appropriations made
therefor, may equip and furnish buildings and otherwise improve property
owned, used or occupied by the state university or any institution ther-
ein. THE TRUSTEES MAY ACQUIRE PROPERTY BY THE ACCEPTANCE OF CONDITIONAL
GIFTS, GRANTS, DEVISES OR BEQUESTS, THE PROVISIONS OF SECTION ELEVEN OF
THE STATE FINANCE LAW NOTWITHSTANDING. Where real property is to be
acquired by purchase or appropriation, such acquisition shall be in
accordance with the provisions of section three hundred seven of this
chapter except that the powers and duties in said section mentioned to
be performed by the commissioner [of education] shall be performed by
the state university trustees.
(2) THE PROVISIONS OF SECTIONS THREE, THIRTY-A, AND THIRTY-THREE OF
THE PUBLIC LANDS LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE
S. 6607--A 63 A. 9707--A
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE UNIVERSI-
TY, UPON APPROVAL OF THE STATE UNIVERSITY ASSET MAXIMIZATION REVIEW
REVIEW BOARD CREATED PURSUANT TO SECTION THREE HUNDRED SIXTY-ONE OF THIS
ARTICLE. THE FOREGOING NOTWITHSTANDING, THE TRUSTEES, UPON APPROVAL OF
THE STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD, MAY PROVIDE FOR
THE LEASE OF SUCH REAL PROPERTY FOR PERIODS NOT TO EXCEED FIFTY YEARS IN
SUPPORT OF THE EDUCATIONAL AND OTHER CORPORATE PURPOSES OF THE STATE
UNIVERSITY, UNLESS THE SUBJECT PROJECT IS IN CONFLICT WITH THE MISSION
OF THE CAMPUS TO WHICH IT RELATES, INCLUDING BUT NOT LIMITED TO, THE
DEVELOPMENT AND OPERATION OF RESEARCH, INCUBATOR, COMMUNITY, HEALTH
CARE, RETAIL, FOOD SERVICE, TELECOMMUNICATION, STUDENT AND FACULTY HOUS-
ING, ENERGY, GOVERNMENTAL, SENIOR COMMUNITY, HOTEL, CONFERENCE CENTER
AND RECREATIONAL FACILITIES, AND FOR THE PURPOSE OF MAXIMIZING THE USE
OF NATURAL RESOURCES; PROVIDED, HOWEVER, THAT WITH REGARD TO ANY SUCH
LEASE, TRANSFER OR CONVEYANCE:
(I) SUCH LEASE OR AGREEMENT SHALL BE DEEMED A STATE CONTRACT FOR
PURPOSES OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, AND THE ENTITY
ENTERING INTO SUCH CONTRACT SHALL BE DEEMED A STATE AGENCY FOR PURPOSES
OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
(II) SUCH LEASE OR AGREEMENT FOR CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION OR
IMPROVEMENT SHALL BE DEEMED A PUBLIC WORKS PROJECT FOR THE PURPOSES OF
ARTICLE EIGHT OF THE LABOR LAW, AND COMPLIANCE WITH ALL PROVISIONS OF
ARTICLE EIGHT OF THE LABOR LAW SHALL BE REQUIRED OF ANY LESSEE, SUBLES-
SEE, CONTRACTOR OR SUBCONTRACTOR WHICH PERFORMS SUCH WORK.
(III) THE LESSEE OR SUBLESSEE SHALL INDEMNIFY AND DEFEND THE STATE
UNIVERSITY OF NEW YORK AGAINST ALL CLAIMS, SUITS, ACTIONS AND LIABILITY
TO ALL PERSONS ARISING OUT OF THE LESSEE OR SUBLESSEE'S USE OR OCCUPANCY
OF THE DEMISED PREMISES.
(IV) NOTHING IN THE LEASE OR AGREEMENT SHALL BE DEEMED TO WAIVE OR
IMPAIR ANY RIGHTS OR BENEFITS OF EMPLOYEES OF THE STATE UNIVERSITY OF
NEW YORK THAT OTHERWISE WOULD BE AVAILABLE TO THEM PURSUANT TO THE TERMS
OF COLLECTIVE BARGAINING AGREEMENTS. ALL WORK PERFORMED ON THE DEMISED
PREMISES THAT ORDINARILY WOULD BE PERFORMED BY EMPLOYEES SUBJECT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL CONTINUE TO BE PERFORMED
BY SUCH EMPLOYEES.
(V) UPON THE EXPIRATION OF THE LEASE OR AGREEMENT, THE DEMISED PREM-
ISES SHALL REVERT TO THE STATE UNIVERSITY OF NEW YORK.
(VI) IN THE EVENT THE DEMISED PREMISES SHALL CEASE TO BE USED FOR THE
PURPOSES DESCRIBED IN THE LEASE OR AGREEMENT, THE LEASE OR AGREEMENT
SHALL IMMEDIATELY TERMINATE, AND THE DEMISED PREMISES SHALL REVERT TO
THE STATE UNIVERSITY OF NEW YORK.
(VII) ANY CONTRACTS AWARDED OR ENTERED INTO BY A CAMPUS RELATED FOUN-
DATION, ALUMNI ASSOCIATION OR AFFILIATE THEREOF, ANY NOT-FOR-PROFIT
CORPORATION OR ASSOCIATION ORGANIZED BY A STATE-OPERATED INSTITUTION TO
FURTHER ITS PURPOSES, OR ANY LIMITED LIABILITY COMPANY WHOSE SOLE MEMBER
IS ANY OF THE FOREGOING ENTITIES, FOR CONSTRUCTION, RECONSTRUCTION,
RENOVATION, REHABILITATION, IMPROVEMENT OR EXPANSION AT THE STATE-OPER-
ATED INSTITUTION, FOR ANY SINGLE CONSTRUCTION PROJECT EXCEEDING TWENTY
MILLION DOLLARS IN THE AGGREGATE, FOR WHICH MORE THAN TWENTY-FIVE
PERCENT OF SUCH AGGREGATE AMOUNT IS TO BE PAID FROM APPROPRIATIONS
FURNISHED BY EITHER THE STATE OF NEW YORK OR THE STATE UNIVERSITY, SUCH
CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT OR
EXPANSION AT THE STATE-OPERATED INSTITUTION SHALL BE UNDERTAKEN PURSUANT
TO A PROJECT LABOR AGREEMENT, AS DEFINED IN SUBDIVISION ONE OF SECTION
S. 6607--A 64 A. 9707--A
TWO HUNDRED TWENTY-TWO OF THE LABOR LAW, PROVIDED A STUDY DONE BY OR FOR
THE CONTRACTING ENTITY DETERMINES THAT A PROJECT LABOR AGREEMENT WILL
BENEFIT SUCH CONSTRUCTION, RECONSTRUCTION, RENOVATION, REHABILITATION,
IMPROVEMENT OR EXPANSION THROUGH REDUCED RISK OF DELAY, POTENTIAL COST
SAVINGS OR POTENTIAL REDUCTION IN THE RISK OF LABOR UNREST IN LIGHT OF
ANY PERTINENT LOCAL HISTORY THEREOF. FOR PURPOSES OF APPLYING THE DOLLAR
THRESHOLDS SET FORTH IN THIS CLAUSE, THE TERM "SINGLE CONSTRUCTION
PROJECT" SHALL MEAN ANY FUNCTIONALLY-INTERDEPENDENT CONSTRUCTION, RECON-
STRUCTION, RENOVATION, REHABILITATION, IMPROVEMENT OR EXPANSION ACTIVITY
ASSOCIATED WITH A SINGLE BUILDING, STRUCTURE OR IMPROVEMENT, INCLUDING
ALL DIRECTLY RELATED INFRASTRUCTURE AND SITE WORK IN CONTEMPLATION THER-
EOF.
(3) THE PROVISIONS OF SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE TRUSTEES MAY PROVIDE FOR THE SALE,
LEASE, TRANSFER OR CONVEYANCE OF PERSONAL PROPERTY UNDER THE CUSTODY AND
CONTROL OF THE STATE UNIVERSITY IN SUCH MANNER AND UPON SUCH TERMS AS
THE TRUSTEES SHALL DETERMINE. THE PROVISIONS OF SECTION TWENTY-THREE OF
THE PUBLIC LANDS LAW AND SECTION ONE HUNDRED SIXTY-SEVEN OF THE STATE
FINANCE LAW NOTWITHSTANDING, THE PROCEEDS FROM THE SALE, LEASE, TRANSFER
OR CONVEYANCE OF STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE
STATE UNIVERSITY OR OF PERSONAL PROPERTY UNDER THE CUSTODY AND CONTROL
OF THE STATE UNIVERSITY SHALL BE RETAINED BY THE STATE UNIVERSITY.
S 2. The education law is amended by adding a new section 361 to read
as follows:
S 361. STATE UNIVERSITY ASSET MAXIMIZATION REVIEW BOARD; CREATION;
PROCEDURE. 1. CREATION. (A) THE STATE UNIVERSITY ASSET MAXIMIZATION
REVIEW BOARD ("THE BOARD") IS HEREBY CREATED TO HAVE AND EXERCISE THE
POWERS, DUTIES AND PREROGATIVES PROVIDED BY THE PROVISIONS OF THIS
SECTION AND ANY OTHER PROVISION OF LAW.
(B) THE VOTING MEMBERSHIP OF THE BOARD SHALL CONSIST OF THREE PERSONS
APPOINTED BY THE GOVERNOR, OF WHICH ONE SHALL BE UPON THE RECOMMENDATION
OF THE TEMPORARY PRESIDENT OF THE SENATE AND ONE UPON THE RECOMMENDATION
OF THE SPEAKER OF THE ASSEMBLY. UPON RECOMMENDATION OF THE NOMINATING
PARTY, THE GOVERNOR SHALL REPLACE ANY MEMBER IN ACCORDANCE WITH THE
PROVISION CONTAINED IN THIS SUBDIVISION FOR THE APPOINTMENT OF MEMBERS.
THE GOVERNOR SHALL DESIGNATE ONE OF THE MEMBERS TO SERVE AS CHAIRPERSON.
THE BOARD SHALL ACT BY MAJORITY VOTE OF THE MEMBERS OF THE BOARD;
PROVIDED, HOWEVER THAT WITHIN FORTY-FIVE DAYS OF RECEIPT OF AN APPLICA-
TION SPECIFIED IN PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION,
THE DESIGNATED BOARD CHAIRPERSON SHALL CONVENE A MEETING OF THE BOARD,
CONSISTING OF ALL VOTING MEMBERS OF THE BOARD PURSUANT TO PARAGRAPH (B)
OF THIS SECTION. ANY DETERMINATION OF THE BOARD SHALL BE EVIDENCED BY A
CERTIFICATION THEREOF EXECUTED BY ALL THE MEMBERS. EACH MEMBER OF THE
BOARD SHALL BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS
OF THE BOARD ON THE DESIGNATING MEMBER'S BEHALF, AND TO VOTE OR OTHER-
WISE ACT ON THE DESIGNATING MEMBER'S BEHALF IN THE DESIGNATING MEMBER'S
ABSENCE. NOTICE OF SUCH DESIGNATION SHALL BE FURNISHED IN WRITING TO THE
BOARD BY THE DESIGNATING MEMBER. A REPRESENTATIVE SHALL SERVE AT THE
PLEASURE OF THE DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A
REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER
DUTIES OR FUNCTIONS TO ANY OTHER PERSON.
(C) THE GOVERNOR SHALL ALSO APPOINT TWO NON-VOTING MEMBERS TO THE
BOARD OF WHICH ONE SHALL BE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE SENATE AND ONE UPON THE RECOMMENDATION OF THE MINORITY
LEADER OF THE ASSEMBLY. EACH NON-VOTING MEMBER SHALL BE ENTITLED TO
S. 6607--A 65 A. 9707--A
DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE BOARD IN HIS OR HER
PLACE.
(D) TWO EX-OFFICIO NON-VOTING MEMBERS OF THE BOARD SHALL BE THE STATE
COMPTROLLER AND THE STATE ATTORNEY GENERAL. EACH EX-OFFICIO MEMBER SHALL
BE ENTITLED TO DESIGNATE A REPRESENTATIVE TO ATTEND MEETINGS OF THE
BOARD IN HIS OR HER PLACE.
(E) EVERY OFFICER, EMPLOYEE, OR MEMBER OF A GOVERNING BOARD OR OTHER
BOARD OF ANY COLLEGE OR GROUP OR ASSOCIATION OF COLLEGES, AND EVERY NEW
YORK STATE REGENT, EVERY OFFICER OR EMPLOYEE OF THE BOARD OF REGENTS OR
THE DEPARTMENT AND EVERY TRUSTEE, OFFICER OR EMPLOYEE OF THE STATE
UNIVERSITY OF NEW YORK SHALL BE INELIGIBLE FOR APPOINTMENT AS A MEMBER,
REPRESENTATIVE, OFFICER, EMPLOYEE OR AGENT OF THE BOARD.
(F) THE MEMBERS OF THE BOARD SHALL SERVE WITHOUT SALARY OR PER DIEM
ALLOWANCE BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES PURSUANT TO
THIS SECTION OR OTHER PROVISION OF LAW, PROVIDED HOWEVER THAT SUCH
MEMBERS AND REPRESENTATIVES ARE NOT, AT THE TIME SUCH EXPENSES ARE
INCURRED, PUBLIC OFFICERS OR EMPLOYEES OTHERWISE ENTITLED TO SUCH
REIMBURSEMENT.
(G) THE MEMBERS, THEIR REPRESENTATIVES, OFFICERS AND STAFF TO THE
BOARD SHALL BE DEEMED EMPLOYEES WITHIN THE MEANING OF SECTION SEVENTEEN
OF THE PUBLIC OFFICERS LAW.
2. POWERS, FUNCTIONS AND DUTIES OF THE STATE UNIVERSITY ASSET MAXIMI-
ZATION REVIEW BOARD; LIMITATIONS. PURSUANT TO THIS CHAPTER, THE BOARD
SHALL HAVE THE POWER AND IT SHALL BE ITS DUTY TO APPROVE OR DENY: (A)
REQUESTS RECEIVED FROM THE TRUSTEES OF THE STATE UNIVERSITY FOR THE
LEASE, TRANSFER OR CONVEYANCE, OTHER THAN THE CONVEYANCE OF TITLE, OF
STATE-OWNED REAL PROPERTY UNDER THE JURISDICTION OF THE STATE
UNIVERSITY, AND (B) REQUESTS FROM THE TRUSTEES OF THE STATE UNIVERSITY
TO PARTICIPATE IN JOINT AND COOPERATIVE ARRANGEMENTS WITH PUBLIC,
NOT-FOR-PROFIT AND BUSINESS ENTITIES AS PARTNERS, JOINT VENTURERS,
MEMBERS OF NOT-FOR-PROFIT CORPORATIONS, MEMBERS OF LIMITED LIABILITY
COMPANIES AND SHAREHOLDERS OF BUSINESS CORPORATIONS, AS AUTHORIZED BY
PARAGRAPH Z OF SUBDIVISION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OF
THIS ARTICLE.
3. (A) THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK SHALL SUBMIT,
IN WRITING, AN APPLICATION TO THE BOARD FOR THE LEASE, TRANSFER, CONVEY-
ANCE, OTHER THAN THE CONVEYANCE OF TITLE, OF STATE-OWNED REAL PROPERTY
UNDER THE JURISDICTION OF THE STATE UNIVERSITY. THE APPLICATION SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE NAME OR NAMES OF THE PROSPECTIVE
ENTITY FOR WHICH A LEASE OR AGREEMENT SHALL BE ENTERED, THE GEOGRAPHICAL
LOCATION AND PARCEL OF REAL PROPERTY THAT WOULD BE UTILIZED, THE PERIOD
OF TIME FOR WHICH THE LEASE, TRANSFER OR CONVEYANCE IS TO BE EXECUTED
AND ANY CONSIDERATION WHICH IS TO BE GRANTED TO THE STATE UNIVERSITY FOR
THE LEASE, TRANSFER OR CONVEYANCE OF SUCH REAL PROPERTY. WHERE A LEASE
AGREEMENT FOR STUDENT AND/OR FACULTY HOUSING IS SUBMITTED TO THE BOARD
FOR APPROVAL, IF APPLICABLE, THE BOARD MAY TAKE INTO CONSIDERATION
WHETHER THE AGREEMENT WOULD IMPACT OCCUPANCY IN DORMITORIES FINANCED
PURSUANT TO AGREEMENTS BETWEEN THE DORMITORY AUTHORITY OF THE STATE OF
NEW YORK, THE STATE UNIVERSITY OF NEW YORK OR THE STATE UNIVERSITY
CONSTRUCTION FUND. THE TRUSTEES SHALL ALSO FURNISH ANY OTHER INFORMA-
TION THAT THE BOARD DEEMS NECESSARY WITHIN FIFTEEN DAYS OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO DEEM AN APPLICATION FOR THE LEASE,
TRANSFER OR CONVEYANCE OF PROPERTY, OTHER THAN THE CONVEYANCE OF TITLE,
APPROVED OR DENIED.
S. 6607--A 66 A. 9707--A
(C) IF THE BOARD FAILS TO ACT ON AN APPLICATION WITHIN THE ALLOTTED
TIME PERIOD SPECIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE APPLICA-
TION SHALL BE DEEMED APPROVED.
4. (A) THE TRUSTEES OF THE STATE UNIVERSITY SHALL SUBMIT, IN WRITING,
AN APPLICATION TO THE BOARD TO PARTICIPATE IN JOINT AND COOPERATIVE
ARRANGEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND BUSINESS ENTITIES AS PART-
NERS, JOINT VENTURERS, MEMBERS OF NOT-FOR-PROFIT CORPORATIONS, MEMBERS
OF LIMITED LIABILITY COMPANIES AND SHAREHOLDERS OF BUSINESS CORPO-
RATIONS, AS AUTHORIZED BY PARAGRAPH Z OF SUBDIVISION TWO OF SECTION
THREE HUNDRED FIFTY-FIVE OF THIS ARTICLE. THE APPLICATION SHALL INCLUDE,
BUT NOT BE LIMITED TO, THE NAME OF THE ENTITY WITH WHICH THE STATE
UNIVERSITY SEEKS TO PARTICIPATE, THE TYPE OF LEGAL ENTITY TO BE CREATED,
AND THE TRANSACTION THAT THE STATE UNIVERSITY AND THE OTHER PARTICIPANT
SEEK TO UNDERTAKE. THE TRUSTEES SHALL ALSO FURNISH ANY OTHER INFORMATION
THAT THE BOARD DEEMS NECESSARY WITH FIFTEEN DAYS OF THE REQUEST.
(B) UPON RECEIPT OF AN APPLICATION FROM THE TRUSTEES, THE BOARD SHALL
HAVE NO MORE THAN FORTY-FIVE DAYS TO APPROVE OR DENY THE APPLICATION.
(C) IF THE BOARD FAILS TO ACT ON AN APPLICATION WITHIN THE ALLOTTED
TIME PERIOD SPECIFIED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE APPLICA-
TION SHALL BE DEEMED APPROVED.
5. INSOFAR AS THE PROVISIONS OF THIS SECTION ARE INCONSISTENT WITH THE
PROVISIONS OF ANY LAW, GENERAL, SPECIAL OR LOCAL, THE PROVISIONS OF THIS
SECTION SHALL BE CONTROLLING.
S 3. Subdivision 2 of section 355 of the education law is amended by
adding two new paragraphs y and z to read as follows:
Y. TO LEASE OR MAKE AVAILABLE TO ANY OTHER PUBLIC OR PRIVATE FOR-PRO-
FIT OR NON-PROFIT ENTITY, INCLUDING, BUT NOT LIMITED TO, A LOCAL DEVEL-
OPMENT CORPORATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF
THE NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, A
PORTION OF THE GROUNDS OR REAL PROPERTY OCCUPIED BY A STATE OPERATED
INSTITUTION OR STATUTORY OR CONTRACT COLLEGE FOR THE CONSTRUCTION,
ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF ACADEMIC
BUILDINGS, DORMITORIES OR OTHER FACILITIES THEREON AND FOR THE PURPOSE
OF FACILITATING SUCH CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABIL-
ITATION OR IMPROVEMENT, TO ENTER INTO LEASES AND AGREEMENTS FOR THE USE
OF ANY SUCH ACADEMIC BUILDING, DORMITORY OR OTHER FACILITY; PROVIDED,
HOWEVER, THAT NOTHING HEREIN CONTAINED SHALL AFFECT THE PROVISIONS OF
ANY LEASE OR AGREEMENT HERETOFORE EXECUTED BY THE STATE UNIVERSITY WITH
THE DORMITORY AUTHORITY. THE STATE UNIVERSITY TRUSTEES MAY ALSO ENTER
INTO AGREEMENTS WITH ANY OTHER PUBLIC OR PRIVATE FOR-PROFIT OR NON-PRO-
FIT ENTITY, INCLUDING, BUT NOT LIMITED TO A LOCAL DEVELOPMENT CORPO-
RATION ORGANIZED UNDER SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW OR AN INDUSTRIAL DEVELOPMENT AGENCY
ORGANIZED UNDER ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW, TO
FURNISH HEAT FROM A CENTRAL HEATING PLANT TO ANY ACADEMIC BUILDING,
DORMITORY OR OTHER FACILITY ERECTED BY THEM OR WITH MONEYS SUPPLIED BY
THEM.
Z. IN CONNECTION WITH PUBLIC-PRIVATE PARTNERSHIPS IN SUPPORT OF THE
CORPORATE PURPOSES OF THE STATE UNIVERSITY, TO PARTICIPATE IN JOINT AND
COOPERATIVE ARRANGEMENTS WITH PUBLIC, NOT-FOR-PROFIT AND BUSINESS ENTI-
TIES AS PARTNERS, JOINT VENTURERS, MEMBERS OF NOT-FOR-PROFIT CORPO-
RATIONS, MEMBERS OF LIMITED LIABILITY COMPANIES AND SHAREHOLDERS OF
BUSINESS CORPORATIONS. THE STATE UNIVERSITY'S PARTICIPATION SHALL BE
SUBJECT TO GUIDELINES OF THE STATE UNIVERSITY WITH RESPECT TO CONFLICTS
OF INTEREST AND TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THE
S. 6607--A 67 A. 9707--A
APPLICABLE PROVISIONS OF AGREEMENTS BETWEEN THE STATE AND EMPLOYEE
ORGANIZATIONS PURSUANT TO SUCH ARTICLE FOURTEEN. NOTWITHSTANDING ANY
INCONSISTENT PROVISION IN SECTION EIGHT OF THE COURT OF CLAIMS ACT, THE
STATE UNIVERSITY MAY INCLUDE IN A CONTRACT RELATING TO SUCH PARTIC-
IPATION, OTHER THAN A CONTRACT WITH STATE EMPLOYEES RELATING TO TERMS
AND CONDITIONS OF THEIR EMPLOYMENT, A PROVISION THAT SOME OR ALL
DISPUTES ARISING UNDER OR RELATED TO SUCH CONTRACT SHALL BE RESOLVED BY
BINDING ARBITRATION IN ACCORDANCE WITH THE RULES OF A NATIONALLY-RECOG-
NIZED ARBITRATION ASSOCIATION. NOTHING CONTAINED IN THE PUBLIC OFFICERS
LAW OR IN ANY OTHER LAW, RULE OR REGULATION SHALL BE CONSTRUED OR
APPLIED TO PROHIBIT STATE UNIVERSITY OFFICERS AND EMPLOYES FROM ENGAGING
IN ACTIVITIES FOR WHICH NO COMPENSATION IS PAID AS DESIGNEES OF THE
STATE UNIVERSITY IN CONNECTION WITH SUCH JOINT AND COOPERATIVE ARRANGE-
MENTS, INCLUDING SERVING AS DESIGNEES OF THE STATE UNIVERSITY AS DIREC-
TORS ON BOARDS OR OTHER GOVERNING BODIES OF CORPORATIONS OR OTHER ENTI-
TIES.
S 4. Subdivisions 8, 12, and 15 of section 373 of the education law,
as added by chapter 251 of the laws of 1962, are amended and a new
subdivision 20 is added to read as follows:
8. To design, construct, acquire, reconstruct, rehabilitate and
improve academic buildings, dormitories and other facilities for the
state university [in accordance with sections three hundred seventy-five
and three hundred seventy-six of this chapter] USING ANY PROJECT DELIV-
ERY METHOD, INCLUDING BUT NOT LIMITED TO, DESIGN, BID, BUILD,
DESIGN/BUILD, OR CONSTRUCTION MANAGER AT RISK, THAT WILL ASSIST THE FUND
IN FULFILLING ITS PURPOSES UNDER SECTION THREE HUNDRED SEVENTY-TWO OF
THIS ARTICLE, PROVIDED THAT ALL CONTRACTS FOR SUCH CONSTRUCTION, RECON-
STRUCTION, REHABILITATION AND IMPROVEMENTS SHALL REQUIRE COMPLIANCE WITH
THE PROVISIONS OF SECTION TWO HUNDRED TWENTY OF THE LABOR LAW AND SHALL
BE SUBJECT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW;
12. To [make] PROCURE and execute contracts, lease agreements, and all
other instruments necessary or convenient for the exercise of its corpo-
rate powers and the fulfillment of its corporate purposes under this
article. NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF THE STATE FINANCE
LAW OR ANY OTHER LAW TO THE CONTRARY, ALL SUCH FUND PROCUREMENTS SHALL
BE SUBJECT ONLY TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY ADOPTED BY
THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF TITLE FOUR
OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW;
15. To engage the services of construction, engineering, architec-
tural, legal and financial consultants, surveyors and appraisers, on a
contract basis or as employees, for professional service and technical
assistance and advice AND NOTWITHSTANDING SECTION ONE HUNDRED TWELVE OF
THE STATE FINANCE LAW OR ANY OTHER LAW TO THE CONTRARY, TO DETERMINE ITS
STAFFING, SUPPORT SERVICES AND EQUIPMENT NEEDS WHICH IN THE JUDGMENT OF
THE FUND ARE NECESSARY TO FULFILL ITS PURPOSES AS SET FORTH IN SECTION
THREE HUNDRED SEVENTY-TWO OF THIS ARTICLE; and
20. NOTWITHSTANDING ANY LAW TO THE CONTRARY, ALL RIGHTS AND BENEFITS,
INCLUDING TERMS AND CONDITIONS OF EMPLOYMENT, AND PROTECTION OF CIVIL
SERVICE AND COLLECTIVE BARGAINING STATUS OF ALL EMPLOYEES OF THE FUND
AFFECTED BY THE PROVISIONS OF THE NEW YORK STATE PUBLIC HIGHER EDUCATION
EMPOWERMENT AND INNOVATION ACT, SHALL BE PRESERVED AND PROTECTED.
INCUMBENTS OF ANY NEWLY CREATED POSITIONS WITHIN THE STATE UNIVERSITY
CONSTRUCTION FUND SHALL BE CONSIDERED PUBLIC EMPLOYEES FOR ALL PURPOSES
OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
S. 6607--A 68 A. 9707--A
S 5. Subdivisions 2 and 8 of section 376 of the education law, as
added by chapter 251 of the laws of 1962, the opening paragraph and
paragraph a of subdivision 8 as amended by chapter 877 of the laws of
1990 and paragraph f of subdivision 8 as added by chapter 769 of the
laws of 1978, are amended to read as follows:
2. The fund may construct, acquire, reconstruct, rehabilitate and
improve such facilities, other than dormitories, by its own employees,
by agreement with a state retirement system or any state agency author-
ized to perform such work, or by contract awarded pursuant to subdivi-
sion eight of this section. IF THE FUND AND THE STATE UNIVERSITY ENTER
INTO AN AGREEMENT WHEREBY THE STATE UNIVERSITY IS AUTHORIZED BY THE FUND
TO CONSTRUCT, ACQUIRE, RECONSTRUCT, REHABILITATE AND IMPROVE SUCH FACIL-
ITIES, SUCH AGREEMENT MAY ALLOW THE STATE UNIVERSITY TO USE THE SAME
PROJECT DELIVERY METHODS CONTAINED IN SUBDIVISION EIGHT OF SECTION THREE
HUNDRED SEVENTY-THREE OF THIS CHAPTER.
8. All contracts which are to be awarded pursuant to this subdivision
shall be awarded by public letting in accordance with the following
provisions, notwithstanding any contrary provision of section ONE
HUNDRED TWELVE, one hundred thirty-five, one hundred thirty-six, one
hundred thirty-nine or one hundred forty of the state finance law OR ANY
OTHER LAW, provided, however, that where the estimated expense of any
contract which may be awarded pursuant to this subdivision is less than
TWO HUNDRED fifty thousand dollars, a performance bond and a bond for
the payment of labor and material may, in the discretion of the fund,
not be required, and except that in the discretion of the fund, a
contract may be entered into for such purposes without public letting
where the estimated expense thereof is less than twenty thousand
dollars, or where in the judgment of the fund an emergency condition
exists as a result of damage to an existing academic building, dormitory
or other facility which has been caused by an act of God, fire or other
casualty, or any other unanticipated, sudden and unexpected occurrence,
that has resulted in damage to or a malfunction in an existing academic
building, dormitory or other facility and involves a pressing necessity
for immediate repair, reconstruction or maintenance in order to permit
the safe continuation of the use or function of such facility, or to
protect the facility or the life, health or safety of any person, and
the nature of the work is such that in the judgment of the fund it would
be impractical and against the public interest to have public letting;
provided, however, that the fund, prior to awarding a contract hereunder
because of an emergency condition notify the comptroller of its intent
to award such a contract:
a. [If contracts are to be publicly let, the] THE letting agency shall
advertise the invitation to bid OR THE REQUEST FOR PROPOSALS in [a news-
paper published in the city of Albany and in] such [other newspapers]
NEWSPAPER as will be most likely in its opinion to give adequate notice
to contractors of the work required [and of the invitation to bid]
provided, however, that where the estimated expense of any contract
which may be awarded pursuant to this subdivision is less than TWO
HUNDRED fifty thousand dollars, the letting agency may advertise the
invitation to bid solely through the procurement opportunities newslet-
ter published pursuant to section one hundred forty-two of the economic
development law. The invitation to bid OR REQUEST FOR PROPOSALS shall
contain such information as the letting agency shall deem appropriate
[and a statement of the time and place where all bids received pursuant
to such notice will be publicly opened and read].
S. 6607--A 69 A. 9707--A
b. The letting agency shall not award any contract after public
bidding except to the lowest bidder who in its opinion is qualified to
perform the work required and is responsible and reliable. The letting
agency may, however, reject any or all bids, again advertise for bids,
or waive any informality in a bid if it believes that the public inter-
est will be promoted thereby.
c. The invitation to bid, REQUEST FOR PROPOSALS and the contract
awarded shall contain such other terms and conditions, and such
provisions for penalties, as the letting agency may deem desirable.
d. [The form of any] ANY contract awarded pursuant to this subdivision
shall [be approved by the attorney general and by the comptroller and
shall] contain a clause that the contract shall be deemed executory to
the extent of the moneys available and that no liability shall be
incurred by the fund beyond the moneys available therefor.
e. The letting agency shall require such deposits, bonds and security
in connection with the submission of bids OR REQUEST FOR PROPOSALS, the
award of contracts and the performance of work as it shall determine to
be in the public interest and for the protection of the state, the state
university, the fund and the letting agency.
f. Notwithstanding the provisions of any other law to the contrary,
all contracts for public work awarded by the state university
construction fund pursuant to this subdivision shall be in accordance
with section one hundred thirty-nine-f of the state finance law.
S 6. Subdivision 4 of section 377 of the education law, as added by
chapter 624 of the laws of 1999, is amended to read as follows:
4. Monies received by the fund, FOR ALL OF ITS OPERATING AND ADMINIS-
TRATIVE COSTS OR in connection with approved university-related economic
development facilities, [other than state appropriations to the fund,]
may be deposited in a general account and other such accounts as the
fund may deem necessary, for the transaction of its business [or in
relation to construction or property management activities undertaken in
connection with such projects] and shall be paid out on checks signed by
the chairman of the fund or such other person or persons as the trustees
of the fund may authorize.
S 7. Paragraph (b) of subdivision 2 of section 1676 of the public
authorities law is amended by adding three new undesignated paragraphs
to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR OTHER FACILITY, BUILDING OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS OF THE STATE UNIVERSITY OF NEW YORK, INCLUD-
ING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND EQUIP-
MENT.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
S. 6607--A 70 A. 9707--A
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR OTHER FACILITY,
BUILDING OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE
ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS OF THE LOCALLY SPONSORED
COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND
RELATED FACILITIES AND EQUIPMENT.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 8. Subdivision 1 of section 1680 of the public authorities law is
amended by adding three new undesignated paragraphs to read as follows:
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF THE STATE UNIVERSITY OF NEW YORK TO SUPPORT THE STATE
UNIVERSITY AND WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED
STATES INTERNAL REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN THE
RESEARCH FOUNDATION OF STATE UNIVERSITY OF NEW YORK AND ANY ENTITY WHICH
IS ORGANIZED EXCLUSIVELY BY STUDENTS OF THE STATE UNIVERSITY, FOR THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY, STAFF AND THEIR FAMILIES
OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILDING, LIBRARY, LABORATORY,
CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILDING, FACILITY OR STRUCTURE
ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING THE ACADEMIC, CULTURAL,
HEALTH OR RESEARCH PROGRAMS FOR THE STATE UNIVERSITY OF NEW YORK,
INCLUDING ALL NECESSARY AND USUAL ATTENDANT AND RELATED FACILITIES AND
EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT PROPOSED TO BE UNDERTAKEN
PURSUANT TO THIS PARAGRAPH SHALL FIRST BE APPROVED BY THE STATE UNIVER-
SITY OF NEW YORK; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF
LAW TO THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE STATE
UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY CONSTRUCTION FUND ARE
HEREBY AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS
WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE
FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY
PROJECT AS PROVIDED IN THIS PARAGRAPH, INCLUDING, BUT NOT LIMITED TO,
PROVIDING FOR THE CONVEYANCE OF STATE-OWNED PROPERTY UNDER THE JURISDIC-
TION OF THE STATE UNIVERSITY TO THE NOT-FOR-PROFIT ENTITY; OR (II) GRANT
THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE
RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT SUCH REVENUES,
PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE DORMITORY AUTHORITY
TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF
ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARAGRAPH; PROVIDED FURTHER,
THAT ANY PROJECT UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS PARAGRAPH
SHALL CONSTITUTE A PUBLIC WORK FOR PURPOSES OF THE LABOR LAW, SHALL BE
SUBJECT TO THE REQUIREMENTS OF ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW,
AND SHALL BE SUBJECT TO A COMPETITIVE PROCESS. ALL STATE AND LOCAL
OFFICERS ARE HEREBY AUTHORIZED TO PAY ALL FUNDS SO ASSIGNED AND PLEDGED
S. 6607--A 71 A. 9707--A
TO THE DORMITORY AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY
AUTHORITY, TO ANY TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE.
NEITHER THE STATE OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR THE
STATE UNIVERSITY CONSTRUCTION FUND SHALL TAKE ANY ACTION IN SUCH MANNER
AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES OF THE AUTHORITY PURSU-
ANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN OR OTHER SECURITY
INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
ANY ENTITY WHICH IS ORGANIZED BY OFFICERS, EMPLOYEES, ALUMNI OR
STUDENTS OF A LOCALLY SPONSORED COMMUNITY COLLEGE, INCLUDING A LOCALLY
SPONSORED COMMUNITY COLLEGE ESTABLISHED AND OPERATED BY A COMMUNITY
COLLEGE REGION AS SET FORTH IN SECTION SIXTY-THREE HUNDRED ONE OF THE
EDUCATION LAW, TO SUPPORT THE LOCALLY SPONSORED COMMUNITY COLLEGE AND
WHICH IS QUALIFIED AS AN ORGANIZATION UNDER THE UNITED STATES INTERNAL
REVENUE CODE AS EXEMPT FROM INCOME TAX, OTHER THAN ANY ENTITY WHICH IS
ORGANIZED EXCLUSIVELY BY STUDENTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE, FOR THE FINANCING, REFINANCING, ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING
AND EQUIPPING OF ANY HOUSING UNIT FOR THE USE OF STUDENTS, FACULTY,
STAFF AND THEIR FAMILIES OR ANY ACADEMIC BUILDING, ADMINISTRATION BUILD-
ING, LIBRARY, LABORATORY, CLASSROOM, HEALTH FACILITY OR ANY OTHER BUILD-
ING, FACILITY OR STRUCTURE ESSENTIAL, NECESSARY OR USEFUL IN FURTHERING
THE ACADEMIC, CULTURAL, HEALTH OR RESEARCH PROGRAMS FOR THE LOCALLY
SPONSORED COMMUNITY COLLEGE, INCLUDING ALL NECESSARY AND USUAL ATTENDANT
AND RELATED FACILITIES AND EQUIPMENT; PROVIDED HOWEVER THAT ANY PROJECT
PROPOSED TO BE UNDERTAKEN PURSUANT TO THIS PARAGRAPH SHALL FIRST BE
APPROVED BY THE BOARD OF TRUSTEES OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE; PROVIDED FURTHER AND NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, THAT ANY SUCH NOT-FOR-PROFIT ENTITY, THE LOCALLY SPONSORED
COMMUNITY COLLEGE AND THE LOCAL SPONSOR ARE HEREBY AUTHORIZED TO TAKE
SUCH ACTIONS AND TO ENTER INTO SUCH AGREEMENTS WITH THE DORMITORY
AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE THE FINANCING, REFINANCING,
ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION,
IMPROVEMENT, FURNISHING AND EQUIPPING OF ANY PROJECT AS PROVIDED IN THIS
PARAGRAPH, INCLUDING, BUT NOT LIMITED TO, PROVIDING FOR THE CONVEYANCE
OF PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND PURPOSES
OF THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE NOT-FOR-PROFIT ENTITY;
OR (II) GRANT THE AUTHORITY A LIEN ON ANY REVENUES OR PROPERTY OR ANY
MONEYS TO BE RECEIVED BY THE NOT-FOR-PROFIT ENTITY TO THE EXTENT THAT
SUCH REVENUES, PROPERTY OR MONEYS ARE PLEDGED BY THE ENTITY TO THE
DORMITORY AUTHORITY TO SECURE THE PAYMENT OF ALL AMOUNTS OWED TO THE
AUTHORITY ON ACCOUNT OF ANY PROJECT UNDERTAKEN PURSUANT TO THIS PARA-
GRAPH; PROVIDED FURTHER, THAT ANY PROJECT UNDERTAKEN BY THE AUTHORITY
PURSUANT TO THIS PARAGRAPH SHALL CONSTITUTE A PUBLIC WORK FOR PURPOSES
OF THE LABOR LAW, SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW AND SHALL BE SUBJECT TO A COMPETITIVE
PROCESS. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED TO PAY ALL
SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY AUTHORITY OR, UPON
THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY TRUSTEE OF ANY DORMITO-
RY AUTHORITY BOND OR NOTE ISSUE. NEITHER THE STATE OF NEW YORK, THE
LOCAL SPONSOR NOR THE LOCALLY SPONSORED COMMUNITY COLLEGE SHALL TAKE ANY
ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND REMEDIES
OF THE AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND ASSIGNMENT AND ANY LIEN
OR OTHER SECURITY INTEREST CREATED PURSUANT TO THIS PARAGRAPH.
A LOCALLY SPONSORED COMMUNITY COLLEGE, FOR THE ACQUISITION, DESIGN,
CONSTRUCTION, RECONSTRUCTION, REHABILITATION AND IMPROVEMENT OF A HOUS-
ING UNIT, INCLUDING ALL NECESSARY AND ATTENDANT AND RELATED FACILITIES
S. 6607--A 72 A. 9707--A
AND EQUIPMENT, FOR THE USE OF STUDENTS, MARRIED STUDENTS, FACULTY, STAFF
AND THE FAMILIES THEREOF AT SUCH LOCALLY SPONSORED COMMUNITY COLLEGE.
S 9. Section 6304 of the education law is amended by adding a new
subdivision 14 to read as follows:
14. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A COMMUNITY
COLLEGE.
B. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, A COMMUNITY
COLLEGE IS AUTHORIZED TO TAKE SUCH ACTIONS AND TO ENTER INTO SUCH AGREE-
MENTS WITH THE DORMITORY AUTHORITY AS ARE NECESSARY TO: (I) UNDERTAKE
THE FINANCING, REFINANCING, ACQUISITION, DESIGN, CONSTRUCTION, RECON-
STRUCTION, REHABILITATION, IMPROVEMENT, FURNISHING AND EQUIPPING OF A
COMMUNITY COLLEGE DORMITORY, INCLUDING, BUT NOT LIMITED TO, PROVIDING
FOR THE LEASING OR OTHERWISE MAKING AVAILABLE TO THE DORMITORY AUTHORITY
REAL PROPERTY HELD BY THE LOCAL SPONSOR IN TRUST FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE; OR (II) GRANT THE DORMITORY AUTHORITY
A LIEN ON ANY REVENUES OR PROPERTY OR ANY MONEYS TO BE RECEIVED BY THE
COMMUNITY COLLEGE DERIVED FROM THE OPERATIONS OF THE PROJECT BEING
FINANCED TO THE EXTENT THAT SUCH REVENUES, PROPERTY OR MONEYS ARE
PLEDGED BY THE COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY TO SECURE
THE PAYMENT OF ALL AMOUNTS OWED TO THE AUTHORITY ON ACCOUNT OF ANY
COMMUNITY COLLEGE DORMITORY UNDERTAKEN PURSUANT TO THIS SUBDIVISION;
PROVIDED, FURTHER, THAT ANY SUCH AGREEMENTS MAY PROVIDE THAT THE OBLI-
GATION OF THE COMMUNITY COLLEGE TO MAKE RENTAL OR OTHER PAYMENTS TO THE
DORMITORY AUTHORITY SHALL CONSTITUTE A GENERAL OBLIGATION OF THE COMMU-
NITY COLLEGE PAYABLE FROM ALL MONIES LEGALLY AVAILABLE TO THE COMMUNITY
COLLEGE (INCLUDING AMOUNTS PROVIDED FOR OPERATING AID BY THE LOCAL SPON-
SOR OR SPONSORS TO THE COMMUNITY COLLEGE PURSUANT TO SUBDIVISION ONE OF
THIS SECTION OR AMOUNTS PROVIDED FOR OPERATING AID BY THE STATE TO THE
COMMUNITY COLLEGE); AND PROVIDED FURTHER, THAT ANY COMMUNITY COLLEGE
DORMITORY UNDERTAKEN BY THE DORMITORY AUTHORITY PURSUANT TO THIS SUBDI-
VISION SHALL CONSTITUTE A PUBLIC WORK FOR PURPOSES OF THE LABOR LAW AND
SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE FIFTEEN-A OF THE EXECU-
TIVE LAW. ALL STATE AND LOCAL OFFICERS ARE HEREBY AUTHORIZED AND
REQUIRED TO PAY ALL SUCH FUNDS SO ASSIGNED AND PLEDGED TO THE DORMITORY
AUTHORITY OR, UPON THE DIRECTION OF THE DORMITORY AUTHORITY, TO ANY
TRUSTEE OF ANY DORMITORY AUTHORITY BOND OR NOTE ISSUE. NEITHER THE STATE
OF NEW YORK, THE STATE UNIVERSITY OF NEW YORK NOR A LOCAL SPONSOR SHALL
TAKE ANY ACTION IN SUCH MANNER AS TO IMPAIR OR DIMINISH THE RIGHTS AND
REMEDIES OF THE DORMITORY AUTHORITY PURSUANT TO ANY SUCH PLEDGE AND
ASSIGNMENT AND ANY LIEN OR OTHER SECURITY INTEREST CREATED PURSUANT TO
THIS SUBDIVISION.
C. A LOCAL SPONSOR IS AUTHORIZED TO LEASE OR OTHERWISE MAKE AVAILABLE
TO THE DORMITORY AUTHORITY FOR THE PURPOSES SET FORTH IN THIS SUBDIVI-
SION REAL PROPERTY HELD IN TRUST BY THE LOCAL SPONSOR FOR THE USES AND
PURPOSES OF THE COMMUNITY COLLEGE.
D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NEITHER A
LOCAL SPONSOR NOR THE STATE OF NEW YORK SHALL BE REQUIRED TO PROVIDE A
SHARE OF THE CAPITAL COSTS OF A COMMUNITY COLLEGE DORMITORY. THE
PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY PROJECT FOR WHICH
S. 6607--A 73 A. 9707--A
THE STATE APPROPRIATES FUNDS PURSUANT TO SUBDIVISION EIGHT OF THIS
SECTION.
S 10. Section 1680 of the public authorities law is amended by adding
a new subdivision 41 to read as follows:
41. A. FOR THE PURPOSES OF THIS SUBDIVISION, A "COMMUNITY COLLEGE
DORMITORY" SHALL MEAN A HOUSING UNIT, INCLUDING ALL NECESSARY AND
ATTENDANT AND RELATED FACILITIES AND EQUIPMENT ACQUIRED, DESIGNED,
CONSTRUCTED, RECONSTRUCTED, REHABILITATED AND IMPROVED, OR OTHERWISE
PROVIDED THROUGH THE DORMITORY AUTHORITY IN ACCORDANCE WITH THE
PROVISIONS OF THE DORMITORY AUTHORITY ACT FOR THE USE OF STUDENTS,
MARRIED STUDENTS, FACULTY, STAFF AND THE FAMILIES THEREOF AT A LOCALLY
SPONSORED COMMUNITY COLLEGE.
B. THE DORMITORY AUTHORITY IS HEREBY EMPOWERED AND AUTHORIZED TO ENTER
INTO A LEASE OR OTHER AGREEMENT WITH A LOCALLY SPONSORED COMMUNITY
COLLEGE TO FINANCE, REFINANCE, ACQUIRE, DESIGN, CONSTRUCT, RECONSTRUCT,
REHABILITATE, IMPROVE, FURNISH AND EQUIP ONE OR MORE COMMUNITY COLLEGE
DORMITORIES. SUCH LEASE OR OTHER AGREEMENT MAY PROVIDE FOR THE PAYMENT
OF ANNUAL RENTALS AND OTHER PAYMENTS BY THE LOCALLY SPONSORED COMMUNITY
COLLEGE TO THE DORMITORY AUTHORITY AND CONTAIN SUCH OTHER TERMS AND
CONDITIONS AS MAY BE AGREED UPON BY THE PARTIES THERETO, INCLUDING BUT
NOT LIMITED TO PROVISIONS RELATING TO THE MAINTENANCE AND OPERATION OF
THE COMMUNITY COLLEGE DORMITORIES, THE ESTABLISHMENT OF RESERVE FUNDS,
INDEMNITIES AND THE DISPOSITION OF A COMMUNITY COLLEGE DORMITORY OR THE
INTEREST OF THE AUTHORITY THEREIN PRIOR TO OR UPON THE TERMINATION OR
EXPIRATION OF SUCH LEASE OR OTHER AGREEMENT.
C. IN THE EVENT OF A FAILURE OF A LOCALLY SPONSORED COMMUNITY COLLEGE
TO PAY THE DORMITORY AUTHORITY WHEN DUE ALL OR PART OF AMOUNTS PAYABLE
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE TO THE DORMITORY AUTHORITY
PURSUANT TO A LEASE OR AGREEMENT AUTHORIZED BY THIS SUBDIVISION, THE
DORMITORY AUTHORITY SHALL FORTHWITH MAKE AND DELIVER TO THE STATE COMP-
TROLLER A CERTIFICATE STATING THE AMOUNT OF THE PAYMENT REQUIRED TO HAVE
BEEN MADE BY THE LOCALLY SPONSORED COMMUNITY COLLEGE, THE AMOUNT PAID BY
THE LOCALLY SPONSORED COMMUNITY COLLEGE, AND THE AMOUNT REMAINING UNPAID
BY THE LOCALLY SPONSORED COMMUNITY COLLEGE. THE STATE COMPTROLLER, AFTER
GIVING WRITTEN NOTICE TO THE DIRECTOR OF THE BUDGET, SHALL PAY TO THE
DORMITORY AUTHORITY THE AMOUNT SET FORTH IN SUCH CERTIFICATE AS REMAIN-
ING UNPAID, WHICH AMOUNT SHALL BE PAID FROM ANY MONIES APPROPRIATED BY
THE STATE FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY SPON-
SORED COMMUNITY COLLEGE AND NOT YET PAID. THE AMOUNT REQUIRED TO BE PAID
BY THE STATE COMPTROLLER PURSUANT TO THIS PARAGRAPH SHALL BE PAID TO THE
DORMITORY AUTHORITY AS SOON AS PRACTICABLE AFTER RECEIPT OF THE CERTIF-
ICATE OF THE DORMITORY AUTHORITY AND NOTICE TO THE DIRECTOR OF THE BUDG-
ET IS GIVEN, WHETHER OR NOT THE MONEYS FROM WHICH SUCH PAYMENT IS TO BE
MADE ARE THEN DUE AND PAYABLE TO THE LOCALLY SPONSORED COMMUNITY
COLLEGE. THE AMOUNT OF STATE APPROPRIATIONS PAYABLE TO THE LOCALLY SPON-
SORED COMMUNITY COLLEGE FROM WHICH THE STATE COMPTROLLER HAS MADE A
PAYMENT PURSUANT TO THIS PARAGRAPH SHALL BE REDUCED BY THE AMOUNT SO
PAID TO THE DORMITORY AUTHORITY, NOTWITHSTANDING THE AMOUNT APPROPRIATED
AND APPORTIONED BY THE STATE TO THE LOCALLY SPONSORED COMMUNITY COLLEGE,
AND THE STATE SHALL NOT BE OBLIGATED TO MAKE AND THE LOCALLY SPONSORED
COMMUNITY COLLEGE SHALL NOT BE ENTITLED TO RECEIVE ANY ADDITIONAL APPOR-
TIONMENT OR PAYMENT OF STATE MONEYS. NOTHING CONTAINED IN THIS SUBDIVI-
SION SHALL BE CONSTRUED TO CREATE AN OBLIGATION UPON THE STATE TO APPRO-
PRIATE MONEYS FOR OR ON ACCOUNT OF THE OPERATING COSTS OF THE LOCALLY
SPONSORED COMMUNITY COLLEGE, TO PRECLUDE THE STATE FROM REDUCING THE
AMOUNT OF MONEYS APPROPRIATED OR LEVEL OF SUPPORT PROVIDED FOR THE OPER-
S. 6607--A 74 A. 9707--A
ATING COSTS OF THE LOCALLY SPONSORED COMMUNITY COLLEGE FROM THE AMOUNT
APPROPRIATED OR LEVEL OF SUPPORT PROVIDED IN ANY PRIOR FISCAL YEAR, OR
TO PRECLUDE THE STATE FROM ALTERING OR MODIFYING THE MANNER IN WHICH IT
PROVIDES FOR THE OPERATING COSTS OF THE LOCALLY SPONSORED COMMUNITY
COLLEGE.
D. THE PROVISIONS OF THIS SUBDIVISION SHALL BE IN ADDITION TO ANY
AUTHORIZATION CONTAINED IN THIS TITLE GOVERNING THE PROVISION OF FACILI-
TIES BY THE DORMITORY AUTHORITY FOR THE LOCAL SPONSOR OF A LOCALLY SPON-
SORED COMMUNITY COLLEGE, AND ALL PROVISIONS OF THIS TITLE NOT INCONSIST-
ENT WITH THE PROVISIONS OF THIS SUBDIVISION SHALL BE APPLICABLE WITH
RESPECT TO ANY BONDS OF THE AUTHORITY ISSUED TO OBTAIN FUNDS FOR ANY
PURPOSE AUTHORIZED UNDER THIS SUBDIVISION FOR THE BENEFIT OF A LOCALLY
SPONSORED COMMUNITY COLLEGE AND WITH RESPECT TO THE POWERS OF THE DORMI-
TORY AUTHORITY.
S 11. Subdivision 12 of section 3 of the public buildings law, as
amended by section 48 of part T of chapter 57 of the laws of 2007, is
amended to read as follows:
12. Lease from time to time buildings, rooms or premises in the county
of Albany, and elsewhere as required, for providing space for depart-
ments, commissions, boards and officers of the state government, upon
such terms and conditions as he or she deems most advantageous to the
state. Any such lease shall, however, be for a term not exceeding ten
years, but may provide for optional renewals on the part of the state,
for terms of ten years or less. Each such lease shall contain a clause
stating that the contract of the state thereunder shall be deemed execu-
tory only to the extent of moneys available therefor and that no liabil-
ity shall be incurred by the state beyond the money available for such
purpose. Notwithstanding the provisions of any other law, except section
sixteen hundred seventy-six of the public authorities law relating to
use of dormitory authority facilities by the aged, the commissioner of
general services shall have sole and exclusive authority to lease space
for state departments, agencies, commissions, boards and officers, OTHER
THAN THE STATE UNIVERSITY OF NEW YORK, within the county of Albany. Any
buildings, rooms or premises, now or hereafter held by the commissioner
of general services under lease, may be sublet, in part or in whole,
provided that in the judgment of the commissioner, and the occupying
department, commission, board, and officers of the state government,
such buildings, rooms or premises are not for a time needed.
S 12. This act shall take effect immediately, provided that the amend-
ments to subdivision 12 of section 3 of the public buildings law made by
section eleven of this act shall take effect on the same date as the
reversion of such subdivision as provided in subdivision 4 of section 27
of chapter 95 of the laws of 2000, as amended.
SUBPART C
Section 1. Subdivisions 5 and 6 of section 355 of the education law,
subdivision 5 as added by chapter 552 of the laws of 1985, paragraph a
of subdivision 5 as amended by chapter 682 of the laws of 2007, para-
graph c of subdivision 5 as added by chapter 103 of the laws of 1989,
paragraph d of subdivision 5 as added by chapter 537 of the laws of 1997
and subdivision 6 as amended by chapter 554 of the laws of 1985, are
amended to read as follows:
5. Notwithstanding the provisions of [paragraph] SUBDIVISIONS two AND
THREE of section one hundred twelve and sections one hundred fifteen,
one hundred sixty-one, AND one hundred sixty-three [and one hundred
S. 6607--A 75 A. 9707--A
seventy-four] of the state finance law and sections three and six of the
New York state printing and public documents law or any other law to the
contrary, the state university trustees are authorized and empowered to:
a. (i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles[, where the amount for a single purchase
does not exceed twenty thousand dollars], (ii) execute contracts for
services, PERMITS, LICENSES, LEASES, CONTRACTS FOR THE PURCHASE OR SALE
OF REAL PROPERTY and construction contracts [to an amount not exceeding
twenty thousand dollars], and (iii) contract for printing [to an amount
not exceeding five thousand dollars], without prior approval by any
other state officer or agency, but subject to rules and regulations of
the state comptroller not otherwise inconsistent with the provisions of
this section and in accordance with [the] GUIDELINES, rules [and] OR
regulations promulgated by the state university board of trustees after
consultation with the state comptroller. [In addition, the trustees,
after consultation with the commissioner of general services, are
authorized to annually negotiate with the state comptroller increases in
the aforementioned dollar limits and the exemption of any articles,
categories of articles or commodities from these limits. Rules and]
GUIDELINES, RULES OR regulations promulgated by the state university
board of trustees shall, to the extent practicable, require that compet-
itive proposals be solicited for purchases, and shall include require-
ments that purchases and contracts authorized under this section be at
the lowest available price, including consideration of prices available
through other state agencies, consistent with quality requirements, and
as will best promote the public interest. Such purchases may be made
directly from any contractor pursuant to any contract for commodities
let by the office of general services or any other state agency;
b. to establish cash advance accounts for the purpose of purchasing
materials, supplies, or services, for cash advances for travel expenses
and per diem allowances, or for advance payment of wages and salary. The
account may be used to purchase such materials, supplies, or services
where the amount of a single purchase does not exceed two hundred fifty
dollars, in accordance with such guidelines as shall be prescribed by
the state university trustees after consultation with the state comp-
troller.
c. establish guidelines in consultation with the commissioner of
general services authorizing participation by the state university in
programs administered by the office of general services for the purchase
of available New York state food products. The commissioner of general
services shall provide assistance to the state university necessary to
enable the university to participate in these programs.
[d. (1) Award contract extensions for campus transportation without
competitive bidding where such contracts were secured either through
competitive bidding or through evaluation of proposals in response to a
request for proposals pursuant to subparagraph (2) of this paragraph,
however such extensions may be rejected if the amount to be paid to the
contractor in any year of such proposed extension fails to reflect any
decrease in the regional consumer price index for the New York, New
York-Northeastern, New Jersey area, based upon the index for all urban
consumers (CPI-U) during the preceding twelve-month period. At the time
of any contract extension, consideration shall be given to any compet-
itive proposal offered by a public transportation agency. Such contract
may be increased for each year of the contract extension by an amount
not to exceed the regional consumer price index increase for the New
York, New York-Northeastern, New Jersey area, based upon the index for
S. 6607--A 76 A. 9707--A
all urban consumers (CPI-U), during the preceding twelve-month period,
provided it has been satisfactorily established by the contractor that
there has been at least an equivalent increase in the amount of his cost
of operation, during the period of the contract.]
6. To enter into any contract or agreement deemed necessary or advis-
able after consultation with appropriate state agencies for carrying out
the objects and purposes of state university without prior review or
approval by any state officer or agency [other than the state comp-
troller and the attorney general] including contracts with non-profit
corporations organized by officers, employees, alumni or students of
state university for the furtherance of its objects and purposes.
Contracts or agreements entered into with the federal government to
enable participation in federal student loan programs, including any and
all instruments required thereunder, shall not be subject to the
requirements of section forty-one of the state finance law; provided,
however, that the state shall not be liable for any portion of any
defaults which it has agreed to assume pursuant to any such agreement in
an amount in excess of money appropriated or otherwise lawfully avail-
able therefor at the time the liability for payment arises.
S 2. Section 6218 of the education law, as amended by chapter 697 of
the laws of 1993, is amended to read as follows:
S 6218. Contracts and purchases. a. Notwithstanding the provisions of
[paragraph] SUBDIVISIONS two AND THREE of section one hundred twelve and
[sections] SECTION one hundred fifteen, SUBDIVISION THREE OF SECTION ONE
HUNDRED SIXTY, SECTION one hundred sixty-one[,] AND SECTION one hundred
sixty-three [and one hundred seventy-four] of the state finance law and
sections three and six of the New York state printing and public docu-
ments law or any other law to the contrary, the city university [trus-
tees are] IS authorized and empowered to[:
(i) purchase materials, equipment and supplies, including computer
equipment and motor vehicles, where the amount for a single purchase
does not exceed twenty thousand dollars, (ii) execute contracts for
services to an amount not exceeding twenty thousand dollars, and (iii)
contract for printing to an amount not exceeding five thousand dollars,]
EXECUTE VALID, ENFORCEABLE AND EFFECTIVE CONTRACTS FOR COMMODITIES,
INCLUDING TECHNOLOGY AND MOTOR VEHICLES AND FOR SERVICES, INCLUDING
PRINTING, TECHNOLOGY AND CONSTRUCTION AND CONSTRUCTION-RELATED SERVICES,
without prior approval by any other state officer or agency, but subject
to rules and regulations of the state comptroller not otherwise incon-
sistent with the provisions of this section and in accordance with the
rules and regulations promulgated by the city university board of trus-
tees after consultation with the state comptroller. [In addition, the
trustees are authorized to annually negotiate with the state comptroller
increases in the aforementioned dollar limits and the exemption of any
articles, categories of articles or commodities from these limits. Rules
and regulations promulgated by the city university board of trustees
shall, to the extent practicable, require that competitive proposals be
solicited for purchases, and shall include requirements that purchases
and contracts authorized under this section be at the lowest possible
price.
b. Except as hereinafter provided, no contract for work or labor or
the purchase of supplies, material, or equipment or for the construction
or the alteration of any building or facility involving an expenditure
or liability of more than twenty thousand dollars shall be entered into
by the board of trustees, unless said board of trustees shall have duly
advertised for bids for the same for a period of not less than five days
S. 6607--A 77 A. 9707--A
under regulations to be approved by the board of trustees and the
contract in each case shall be awarded to the lowest responsible bidder
furnishing the security as required by the board of trustees. If two or
more bids are tied, and are the lowest bids submitted by responsible
bidders furnishing the security as required by the board, the board of
trustees may award the contract to any of said tied bidders.
c. If the several parts of the work or labor to be done and/or the
supplies, materials or equipment to be furnished shall together involve
an expenditure of not more than twenty thousand dollars, the same may be
procured on an order awarded to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations as shall
be made by the board of trustees. Purchases of five thousand dollars or
less may be made without competition.
d. The board of trustees, if it shall deem it in the public interest,
may reject all bids.
e. Upon the adoption of a resolution by a vote of at least two-thirds
of the members of the board of trustees by vote at a meeting, stating
that, for reasons of efficiency or economy, there is need for standardi-
zation, purchase contracts for a particular type or kind of equipment,
materials, or supplies of more than twenty thousand dollars may be
awarded to the lowest responsible bidder furnishing the required securi-
ty after advertisement for bids in the manner provided in this section.
Such resolution shall contain a full explanation of the reasons for its
adoption. Purchase contracts for a particular type or kind of equipment,
materials or supplies of not more than twenty thousand dollars may be
awarded to the lowest responsible bidder upon bids submitted without
public advertisement under such regulations as shall be made by the
board of trustees.
f. Surplus or second-hand supplies, materials or equipment may be
purchased without competitive bidding from the federal government, the
state of New York or from any political subdivision of the state.
g. The board of trustees is authorized to establish cash advance
accounts for the purpose of purchasing materials, supplies, or services,
for cash advances for travel expenses and per diem allowances, or for
advance payment of wages and salary. The account may be used to
purchase such materials, supplies, or services where the amount of a
single purchase does not exceed two hundred fifty dollars in accordance
with such guidelines as shall be prescribed by the city university trus-
tees after consultation with the state comptroller.
h. Notwithstanding any of the provisions of this section, the board of
trustees may make purchases, when available, through the state of New
York, the city of New York, the federal government or the board of
education of the city of New York, provided that the board of trustees
shall accept sole responsibility for any payment due the vendor.]
B. THE CITY UNIVERSITY IS FURTHER AUTHORIZED AND EMPOWERED TO ESTAB-
LISH GUIDELINES WHICH SHALL: (I) INCLUDE REQUIREMENTS THAT PURCHASES AND
CONTRACTS AUTHORIZED UNDER THIS SECTION BE AWARDED TO A RESPONSIVE AND
RESPONSIBLE OFFEROR; (II) REQUIRE MAXIMUM PRACTICAL COMPETITION; (III)
PERMIT AWARD OF THE CONTRACT TO ANY OF THE TIED OFFERORS IF TWO OR MORE
BIDS ARE TIED; AND (IV) PERMIT THE REJECTION OF ALL OFFERS IN THE PUBLIC
INTEREST.
C. THE CITY UNIVERSITY IS FURTHER AUTHORIZED AND EMPOWERED TO MAKE
PURCHASES, WHEN AVAILABLE, THROUGH THE USE OF A CONTRACT LET BY ANY
DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES GOVERNMENT
AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION, INSTRUMEN-
TALITY OR MUNICIPALITY OF ANY STATE OR STATES.
S. 6607--A 78 A. 9707--A
D. THE CITY UNIVERSITY IS FURTHER AUTHORIZED AND EMPOWERED TO MAKE
PURCHASES, WHEN AVAILABLE, OF SURPLUS OR SECOND HAND COMMODITIES,
INCLUDING TECHNOLOGY AND MOTOR VEHICLES, WITHOUT COMPETITIVE BIDDING,
FROM ANY DEPARTMENT, AGENCY OR INSTRUMENTALITY OF THE UNITED STATES
GOVERNMENT AND/OR ANY DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDIVISION,
INSTRUMENTALITY OR MUNICIPALITY OF ANY STATE OR STATES.
E. THE CITY UNIVERSITY IS FURTHER AUTHORIZED AND EMPOWERED TO ESTAB-
LISH CASH ADVANCE ACCOUNTS FOR THE PURPOSE OF PURCHASING COMMODITIES,
RENOVATIONS OR SERVICES, FOR CASH ADVANCES FOR TRAVEL EXPENSES AND PER
DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF WAGES AND SALARY. SUCH
ACCOUNTS MAY BE USED TO PURCHASE SUCH COMMODITIES, RENOVATIONS OR
SERVICES WHERE THE AMOUNT OF A SINGLE PURCHASE DOES NOT EXCEED ONE THOU-
SAND DOLLARS, IN ACCORDANCE WITH THE GUIDELINES ESTABLISHED BY THE CITY
UNIVERSITY AFTER CONSULTATION WITH THE STATE COMPTROLLER.
S 3. The education law is amended by adding a new section 6283 to read
as follows:
S 6283. PROCUREMENTS OF THE FUND. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE CONTRACTS OF THE FUND MAY BE EXECUTED AND SHALL BE
VALID, ENFORCEABLE AND EFFECTIVE WITHOUT PRIOR REVIEW OR APPROVAL BY, OR
FILING WITH, THE STATE COMPTROLLER, PROVIDED, HOWEVER, THAT SUCH
CONTRACTS SHALL BE SUBJECT TO PROCUREMENT GUIDELINES THAT ARE ANNUALLY
ADOPTED BY THE FUND TRUSTEES, WHICH SHALL CONFORM TO THE PROVISIONS OF
TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES LAW, EXCEPT SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF SUCH LAW.
S 4. Subdivisions 2 and 3 of section 112 of the state finance law, as
amended by chapter 319 of the laws of 1992, paragraph (a) of subdivision
2 as amended by section 2 of part D of chapter 56 of the laws of 2006,
are amended to read as follows:
2. (a) Before any contract made for or by any state agency, depart-
ment, board, officer, commission, or institution, except the office of
general services, THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVER-
SITY OF NEW YORK, shall be executed or become effective, whenever such
contract exceeds fifty thousand dollars in amount and before any
contract made for or by the office of general services shall be executed
or become effective, whenever such contract exceeds eighty-five thousand
dollars in amount, it shall first be approved by the comptroller and
filed in his or her office, provided, however, that the comptroller
shall make a final written determination with respect to approval of
such contract within ninety days of the submission of such contract to
his or her office unless the comptroller shall notify, in writing, the
state agency, department, board, officer, commission, or institution,
prior to the expiration of the ninety day period, and for good cause, of
the need for an extension of not more than fifteen days, or a reasonable
period of time agreed to by such state agency, department, board, offi-
cer, commission, or institution and provided, further, that such written
determination or extension shall be made part of the procurement record
pursuant to paragraph f of subdivision one of section one hundred
sixty-three of this chapter.
(b) Whenever any liability of any nature shall be incurred by or for
any state department, board, officer, commission, or institution OTHER
THAN THE CITY UNIVERSITY OF NEW YORK AND THE STATE UNIVERSITY OF NEW
YORK, notice that such liability has been incurred shall be immediately
given in writing to the state comptroller.
3. A contract or other instrument wherein the state or any of its
officers, agencies, boards or commissions OTHER THAN THE CITY UNIVERSITY
OF NEW YORK AND THE STATE UNIVERSITY OF NEW YORK agrees to give a
S. 6607--A 79 A. 9707--A
consideration other than the payment of money, when the value or reason-
ably estimated value of such consideration exceeds ten thousand dollars,
shall not become a valid enforceable contract unless such contract or
other instrument shall first be approved by the comptroller and filed in
his office.
S 5. Subparagraph (iv) of paragraph a of subdivision 3 of section 163
of the state finance law, as amended by chapter 430 of the laws of 1997,
is amended to read as follows:
(iv) The commissioner is authorized to permit any officer, body or
agency of the state or of a political subdivision or a district therein,
or fire company or volunteer ambulance service as such are defined in
section one hundred of the general municipal law, to make purchases of
commodities through the office of general services' centralized
contracts, pursuant to the provisions of section one hundred four of the
general municipal law. The commissioner is authorized to permit any
county extension service association as authorized under subdivision
eight of section two hundred twenty-four of the county law, or any asso-
ciation or other entity as specified in and in accordance with section
one hundred nine-a of the general municipal law, OR ANY NON-PROFIT
CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE
STATE UNIVERSITY OF NEW YORK, or any other association or entity as
specified in state law, to make purchases of commodities through the
office of general services' centralized contracts; provided, however,
that such entity so empowered shall accept sole responsibility for any
payment due with respect to such purchase; AND PROVIDED FURTHER, HOWEV-
ER, THAT COMMODITIES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED
IN FURTHERANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF
NEW YORK SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPO-
RATION OR OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT CORPORATION,
NOR SHALL SUCH COMMODITIES SO PURCHASED BY SUCH NON-PROFIT CORPORATION
BE OFFERED FOR RESALE.
S 6. Paragraph e of subdivision 4 of section 163 of the state finance
law, as amended by chapter 95 of the laws of 2000, is amended to read as
follows:
e. Any officer, body or agency of a political subdivision as defined
in section one hundred of the general municipal law or a district there-
in, may make purchases of services through the office of general
services' centralized contracts for services, subject to the provisions
of section one hundred four of the general municipal law. The commis-
sioner may permit and prescribe the conditions for the purchase of
services through the office of general services' centralized contracts
for services by any public authority or public benefit corporation of
the state including the port authority of New York and New Jersey, OR
ANY NON-PROFIT CORPORATION ORGANIZED IN FURTHERANCE OF THE OBJECTS AND
PURPOSES OF THE STATE UNIVERSITY OF NEW YORK; PROVIDED, HOWEVER, THAT
SERVICES SO PURCHASED BY A NON-PROFIT CORPORATION ORGANIZED IN FURTHER-
ANCE OF THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY OF NEW YORK
SHALL NOT BE USED DIRECTLY OR INDIRECTLY BY A FOR-PROFIT CORPORATION OR
OTHER ENTITY WHICH CONTRACTS WITH THE NON-PROFIT ORGANIZATION. The
commissioner is authorized to permit any public library, association
library, library system, cooperative library system, the New York
Library Association, and the New York State Association of Library
Boards or any other library except those which are operated by for
profit entities, to make purchases of services through the office of
general services' centralized contracts; provided, however, that such
S. 6607--A 80 A. 9707--A
entity so empowered shall accept sole responsibility for any payment due
with respect to such purchase.
S 7. Paragraph i of subdivision 2 of section 355 of the education law,
as amended by chapter 552 of the laws of 1985, is amended to read as
follows:
i. To lease to alumni associations of institutions of the state
university a portion of the grounds occupied by any institution of the
state university, for the erection thereon of dormitories to be used by
students in attendance at such institutions. The terms of any lease and
the character of the building to be erected shall be determined by the
state university trustees. [Such lease, prior to its execution, shall be
submitted to the attorney general for his approval as to its form,
contents and legal effect.] Nothing contained in this paragraph shall
affect the provisions of any lease heretofore executed by a board of
visitors of any state-operated institution pursuant to law. The state
university trustees may similarly enter into an agreement with an alumni
association of an institution of the state university to furnish heat
from a central heating plant to any dormitory erected by such alumni
association. Any such dormitory shall not be subject to taxation for any
purpose.
S 8. Subdivision (b) of section 6281 of the education law, as amended
by chapter 1081 of the laws of 1969, is amended to read as follows:
(b) Notwithstanding any other provision of this article or any other
law, any contract let by the dormitory authority and/or the city univer-
sity construction fund for the purposes of this article shall be in
conformity with the provisions of section one hundred one of the general
municipal law, AND MAY BE AWARDED USING ANY DELIVERY METHOD AUTHORIZED
BY THE PROCUREMENT GUIDELINES ADOPTED BY THE CITY UNIVERSITY
CONSTRUCTION FUND OR THE DORMITORY AUTHORITY PURSUANT TO SECTION TWEN-
TY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC AUTHORITIES LAW.
S 9. This act shall take effect immediately; provided, however, that
the amendments to section 163 of the state finance law made by sections
five and six of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
SUBPART D
Section 1. Subdivision 1 of section 17 of the public officers law is
amended by adding a new paragraph (w) to read as follows:
(W) FOR THE PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL
INCLUDE ANY STUDENT WHILE ENROLLED AND PARTICIPATING IN A CREDIT BEARING
COURSE OFFERED BY THE CITY UNIVERSITY OF NEW YORK OR BY A STATE OPERATED
INSTITUTION IN THE STATE UNIVERSITY OF NEW YORK FOR WHICH THERE IS A
COURSE REQUIREMENT TO COMPLETE A SUPERVISED CLINICAL OR
EXPERIENCED-BASED AFFILIATION AT AN AFFILIATE'S SITE, INCLUDING BUT NOT
LIMITED TO INTERNSHIPS AND SERVICES PROVIDED TO OTHER ENTITIES BY
STUDENT VOLUNTEERS AT UNIVERSITY-SPONSORED CLINICS.
S 2. Subdivisions 2, 3, 4, 5 and 6 of section 237 of the education
law, subdivisions 2, 3 and 4 as amended by chapter 186 of the laws of
1977 and subdivisions 5 and 6 as amended by chapter 567 of the laws of
1971, are amended to read as follows:
2. The regents shall, on or before the twenty-fifth day of April
[nineteen hundred seventy-one] TWO THOUSAND ELEVEN and each [fourth]
EIGHTH year thereafter, request the state university trustees, the board
of higher education of the city of New York, and all independent higher
educational institutions to submit long-range master plans for their
S. 6607--A 81 A. 9707--A
development. Such request shall specify the nature of the information,
plans and recommendations to be submitted, shall describe statewide
needs, problems, societal conditions and interests of the citizens and
discuss their priorities, and provide appropriate information which may
be useful in the formulation of such plans.
3. The regents shall, once every [four] EIGHT years, review the
proposed plan and recommendations required to be submitted by the state
university trustees pursuant to section three hundred fifty-four of this
chapter, the proposed plan and recommendations of the board of higher
education in the city of New York required to be submitted pursuant to
section sixty-two hundred [two] SIX of this chapter, and the plans of
independent institutions of higher education and, upon approval by the
regents of the plans submitted by the state university trustees and the
board of higher education, they shall be incorporated into a regents
plan or general revision thereof for the development of higher education
in the state. Such regents plan shall include the plan and recommenda-
tions proposed by the state university trustees and the plan and recom-
mendations proposed by the board of higher education in the city of New
York and may include plans with respect to other matters not compre-
hended within the plan of the state and city universities, including but
not limited to improving institutional management and resources,
instruction and guidance programs, financial assistance to students and
extension of educational opportunities. In determining the need for
additional educational facilities in a particular area, the plans and
facilities of existing public and independent institutions shall be
fully evaluated. Such statewide plan shall include for information
purposes a summary of all recommendations appearing in the prior state-
wide plan and subsequent amendments thereof containing a brief statement
of action taken and progress toward achievement of each such recommenda-
tion.
4. During the calendar year [nineteen hundred sixty-four] TWO THOUSAND
TWELVE and each [fourth] EIGHTH year thereafter the regents shall evalu-
ate all available information with respect to the plans and facilities
of independent institutions and shall review and act upon the proposed
plan and recommendations of the state university trustees and upon the
proposed plan and recommendations of the board of higher education in
the city of New York and incorporate such information, recommendations
and each of the component plans so acted upon into a tentative regents
plan or general revision thereof for the development of higher education
in the state. Copies of such tentative regents plan or general revision
thereof, as the case may be, shall be made available to the trustees of
the state university, the board of higher education in the city of New
York and the governing boards of all other institutions of higher educa-
tion admitted to the university of the state of New York. Thereafter,
after giving due notice, the regents shall conduct one or more hearings
on such tentative regents plan or general revision thereof.
5. The regents shall transmit their plan or general revision thereof
for the development of higher education in the state to the governor and
the legislature on or before the first day of November, [nineteen
hundred sixty-four] TWO THOUSAND TWELVE and each [fourth] EIGHTH year
thereafter. The governor may disapprove or conditionally approve any
part of the plan or general revision thereof after notifying the regents
of such disagreements at least sixty days prior to such action during
which time they may revise their recommendations relating to such items
and request the governor to adopt such revised recommendations in lieu
of such action. Such plan or general revision thereof or so much thereof
S. 6607--A 82 A. 9707--A
as shall be approved and upon such terms and conditions as the governor
may impose, shall become effective upon such approval by the governor.
6. Any modification recommended by the state university trustees or by
the board of higher education in the city of New York to their respec-
tive plans, theretofore formulated and approved pursuant to section
three hundred fifty-four or section sixty-two hundred [two] SIX of this
chapter shall be reviewed by the regents who may hold one or more hear-
ings thereon after giving due notice thereof. As approved by the
regents, such modification shall be made a part of the respective plans
of the state university and of the city university and shall, together
with any modifications the regents may make to that portion of their
plan for the development of higher education in the state not compre-
hended in the plans of the state and city universities, be transmitted
to the governor and the legislature, all of which shall then become
effective upon approval by the governor as modifications of the regents
plan. By the first day of November in [nineteen hundred seventy-four]
TWO THOUSAND EIGHT and each [fourth] EIGHTH year thereafter the regents
shall summarize and report to the governor and the legislature any
modifications made pursuant to this subdivision and shall include in
such report a statement on the progress made in implementing the regents
plan and their general recommendations with respect to higher education.
S 3. Subdivisions 1, 2 and 3 of section 354 of the education law, as
amended by chapter 552 of the laws of 1985, are amended to read as
follows:
1. The state university trustees shall, once every [four] EIGHT years,
formulate a long-range state university plan or general revision thereof
and make recommendations to the board of regents and the governor for
the organization, development, coordination and expansion of the state
university and for the establishment of community colleges in areas
suitable for and in need of such institutions, which plan and recommen-
dations shall include the following:
a. plans for new curricula;
b. plans for new facilities;
c. plans for change in policies with respect to student admissions;
d. projected student enrollments; and
e. comments upon its relationship to other colleges and universities,
public, independent and proprietary, within the state.
f. For informational purposes only, projection standards and overall
expenditure projections of capital and operating costs. Prior to trans-
mitting their long-range state university plan or general revision ther-
eof to the board of regents and the governor the state university trus-
tees may, after giving due notice, conduct one or more hearings on such
plan.
2. During the calendar year [nineteen hundred sixty-four] TWO THOUSAND
TWELVE and each [fourth] EIGHTH year thereafter the state university
trustees shall transmit their proposed plan or general revision thereof
to the board of regents and the governor on or before the first day of
June in each such year. Such plan shall be reviewed by the board of
regents and shall be subject to approval by such board. As approved by
the board of regents and incorporated into the regents plan or general
revision thereof for the development of higher education in the state
and, upon approval thereafter by the governor, such plan shall guide and
determine the development of the state university and its community
colleges until such plan is modified or revised in the manner provided
herein.
S. 6607--A 83 A. 9707--A
3. By the first day of June in [nineteen hundred seventy-four] TWO
THOUSAND EIGHT and every [fourth] EIGHTH year thereafter, the state
university trustees shall report in writing to the board of regents, to
the governor and to the legislature on the progress made in carrying out
their responsibilities under such plan and their general recommendations
with respect to public higher education, including recommendations as to
modifications of such plan which the trustees deem essential to meet the
then current demands upon public higher education. The state university
trustees may also at any other time propose modifications which they
then deem essential or desirable with respect to such plan. They may,
after giving due notice, conduct one or more hearings on such modifica-
tions and shall transmit their recommendations therefor to the board of
regents and the governor. Such modifications shall be subject to
approval by the regents and thereafter by the governor in the same
manner as such plan or general revisions thereof.
S 4. Subdivision 3 of section 390 of the education law, as amended by
chapter 486 of the laws of 1967, is amended to read as follows:
3. The term "eligible employees" means those employees in positions
requiring the performance of educational functions in teacher education,
agriculture, home economics, forestry, ceramics, liberal and applied
arts and sciences, engineering, technical skills, crafts, business
education, labor and industrial relations, medicine, dentistry, veteri-
nary medicine, pharmacy, nursing, law, public affairs, maritime officer
training, academic administration, library service, student activities,
student personnel service and other professions required to carry on the
work of the state university and the colleges, schools, institutes,
research centers, facilities and institutions comprising it and of the
community colleges; PROVIDED, THAT THE TERM "ELIGIBLE EMPLOYEES" SHALL
INCLUDE MEDICAL, DENTAL AND OPTOMETRIC RESIDENTS AND INTERNS WHO RENDER
SERVICES AT HEALTH SCIENCES CENTERS OF THE STATE UNIVERSITY AND WHO MAY
OPT TO PARTICIPATE IN THE NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM
BUT NOT IN THE OPTIONAL RETIREMENT PROGRAM OR THE NEW YORK STATE TEACH-
ERS' RETIREMENT SYSTEM. Such positions in the state university, includ-
ing those at the state colleges of agriculture, home economics, veteri-
nary medicine or industrial and labor relations, the state agricultural
experiment station at Geneva, or any other institution or agency under
the management and control of Cornell university as representative of
the board, and at the state college of ceramics under the management and
control of Alfred university as the representative of the board, and
such positions in the community colleges shall be those certified to the
board by the chancellor of state university as requiring the performance
of such functions. No person receiving a benefit by reason of his
retirement from any retirement or pension system of New York state or
any political subdivision thereof shall be eligible to elect the
optional retirement program.
S 5. Paragraph (a) of subdivision 1 of section 393 of the education
law, as amended by chapter 696 of the laws of 1965, is amended to read
as follows:
(a) Each eligible employee initially appointed on or after July first,
nineteen hundred sixty-four, within thirty days of his entry into
service, shall elect (i) to join either the New York state teachers'
retirement system or the New York state employees' retirement system or
other public retirement system in this state in accordance with the
provisions of law applicable thereto or (ii) to elect the optional
retirement program established pursuant to this article; PROVIDED THAT A
MEDICAL, DENTAL OR OPTOMETRIC RESIDENT OR INTERN WHO RENDERS SERVICES AT
S. 6607--A 84 A. 9707--A
A HEALTH SCIENCES CENTER OF THE STATE UNIVERSITY MAY ELECT TO JOIN THE
NEW YORK STATE EMPLOYEES' RETIREMENT SYSTEM, BUT MAY NOT ELECT THE
OPTIONAL RETIREMENT PROGRAM OR THE NEW YORK STATE TEACHERS' RETIREMENT
PROGRAM; provided, FURTHER, however, that (1) such persons initially
entering service during the period July first, nineteen hundred sixty-
four through November fourth, nineteen hundred sixty-four may defer such
election until December fourth, nineteen hundred sixty-four, and (2)
eligible employees of an electing employer initially appointed on or
after the effective date of the election to offer such program may defer
such election until the ninetieth day following such effective date of
the election to offer such program established by an electing employer.
Any such deferred election shall be effective as of the date of entry
into service or the effective date of such offer, whichever is later.
S 6. Subdivision 4 of section 501 of the education law, as amended by
chapter 713 of the laws of 1986, is amended to read as follows:
4. "Teacher" shall mean any regular teacher, special teacher, includ-
ing any school librarian or physical training teacher, principal, vice-
principal, supervisor, supervisory principal, director, superintendent,
city superintendent, assistant city superintendent, district superinten-
dent and other member of the teaching or professional staff of any
class, public school, vocational school, truant reformatory school or
parental school, and of any or all classes of schools within the state
of New York, including schools on the Indian reservation, conducted
under the order and superintendence of and wholly or partly at the
expense of the New York state education department or of a duly elected
board of education, board of school directors or board of trustees of
the state or of any city or school district thereof, provided that no
person shall be deemed a teacher within the meaning of this article who
is not so employed for full time outside vacation periods. The word,
"teacher," shall also include any person employed in the state education
department who at the time he entered such employment, or within one
year prior thereto, was a teacher within the foregoing definition, or
who was engaged in such department in the performance of duties pertain-
ing to instructional services prior to September first, nineteen hundred
eighty-six or who provides instructional services at the New York state
school for the blind or the New York state school for the deaf, but
shall not include a person who is a teacher within the foregoing defi-
nition, and who elects to become a member of the New York state employ-
ees' retirement system pursuant to paragraph five OR PARAGRAPH TEN of
subdivision c of section forty of the retirement and social security law
upon his entry, on or after April first, nineteen hundred fifty, into
his employment as such a teacher in a state-operated institution or
community college under the jurisdiction of the board of trustees of the
state university, or who is a teacher within the foregoing definition,
and who elects to become a member of the New York city employees'
retirement system, upon his entry, on or after April first, nineteen
hundred fifty-six, into his employment as such a teacher in a community
college operated by the city of New York, or who is a teacher within the
foregoing definition, and who elects the optional retirement program
established either by article [eight-b] EIGHT-B or by PART V OF article
three[, part V] of this chapter. In all cases of doubt, the retirement
board shall determine whether any person is a teacher as defined in this
article.
S 7. Subdivision c of section 40 of the retirement and social security
law is amended by adding a new paragraph 10 to read as follows:
S. 6607--A 85 A. 9707--A
10. A PERSON WHO IS A MEDICAL, DENTAL OR OPTOMETRIC RESIDENT OR INTERN
WHO RENDERS SERVICES AT A HEALTH SCIENCES CENTER OF THE STATE UNIVERSI-
TY.
S 8. Paragraph 3 of subdivision b of section 600 of the retirement and
social security law, as added by chapter 414 of the laws of 1983, is
amended to read as follows:
3. Enter the employment of a public employer which participates for
such employees in the New York state employees' retirement system in
positions in which they shall work full time shall be required to become
members;
(a) Provided, however, persons in the employ of such employers after
such date in positions in which they work less than full time shall be
permitted to become members of the New York state employees' retirement
system by filing an application therefor in the manner provided for by
section forty of this chapter;
(b) Provided further that an employee of a county extension service
association or Cornell university appointed for the first time on or
after August first, nineteen hundred seventy-seven who holds a federal
cooperative appointment with the United States department of agriculture
as designated by the director of the New York state cooperative exten-
sion service and who is eligible for participation in the federal
retirement system shall be excluded from membership in the state employ-
ees' retirement system; and
(c) Provided further that any employee of a county extension service
association and any employee of Cornell university appointed for the
first time on or after July first, nineteen hundred seventy-six but on
or before July thirty-first, nineteen hundred seventy-seven, who holds a
state cooperative appointment as designated by the director of the New
York state cooperative extension service may elect to receive a federal
cooperative appointment in the manner provided for by the relevant
federal laws, rules and regulations and to participate in the federal
retirement system and discontinue his participation in the state retire-
ment system by filing a written notice of termination on or before
December thirty-first, nineteen hundred eighty-three with the comp-
troller. Any employee who is a member of the state employees' retirement
system at the time he or she elects coverage in the federal retirement
program shall be deemed to be a person who discontinues service on the
effective date of such election, for the purpose of determining his or
her eligibility for rights and benefits in such state system; provided,
however, that if he or she does not withdraw accumulated contributions,
(i) continued service with the county extension service association or
Cornell university while under the federal retirement program shall be
deemed to be member service in the New York state employees' retirement
system for the purpose of determining eligibility for any vested retire-
ment allowance, retirement allowance or ordinary death benefit under
such system dependent upon a specified period of total service or upon
attainment of a specified age while in service or upon death while in
service; and (ii) the amount of any such benefit to which the person or
his or her estate or person designated by him or her may become entitled
under either such system shall be computed only on the basis of service
otherwise creditable to him or her therein and his or her compensation
during such service. Electing employees and their beneficiaries shall
not be entitled to any right or benefit under the New York state employ-
ees' retirement system other than a vested retirement allowance, retire-
ment allowance or ordinary death benefit to the extent expressly
provided for in this chapter[.]; AND
S. 6607--A 86 A. 9707--A
(D) PROVIDED, FURTHER THAT MEDICAL, DENTAL AND OPTOMETRIC RESIDENTS
AND INTERNS WHO RENDER SERVICES AT HEALTH SCIENCES CENTERS OF THE STATE
UNIVERSITY OF NEW YORK SHALL BE PERMITTED TO BECOME MEMBERS OF THE NEW
YORK STATE EMPLOYEES' RETIREMENT SYSTEM BY FILING AN APPLICATION THERE-
FOR IN THE MANNER PROVIDED FOR BY SECTION FORTY OF THIS CHAPTER.
S 9. This act shall take effect immediately.
SUBPART E
Section 1. Subdivision 14 of section 130 of the civil service law, as
added by chapter 685 of the laws of 1995, is amended to read as follows:
14. Notwithstanding any foregoing provisions of this section to the
contrary, wage rates and/or pay differentials paid by the state PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED FIFTY-FIVE-A OF THE
EDUCATION LAW, AS ADDED BY CHAPTER SIX HUNDRED EIGHTY-FIVE OF THE LAWS
OF NINETEEN HUNDRED NINETY-FIVE, to teaching and research center nurses
of the state university of New York [pursuant to subdivision thirteen of
section three hundred fifty-five-a of the education law] may be based on
a study of representative peer institutions in private or other public
hospitals in the same geographic area as a hospital of the state univer-
sity which shows that WAGE RATES AND/OR pay differentials of nurses
employed by such peer institutions are higher than the wage rates and/or
pay differentials paid by the state to teaching and research center
nurses of the state university. Whenever, in the opinion of the chief
administrative officer of the health science centers at which teaching
and research center nurses are employed, additional compensation for
such employees is necessary to maintain adequate support to protect the
health, safety and welfare of patients, such chief administrative offi-
cer OR PRESIDENT shall request the state university board of trustees to
conduct such a study.
S 2. Subdivision 6 of section 350 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:
6. "Clinic" shall mean a facility LICENSED UNDER ARTICLE TWENTY-EIGHT
OF THE PUBLIC HEALTH LAW AS A DIAGNOSTIC AND TREATMENT CENTER WHICH IS
located either within or outside of a state university health care
facility providing services related to the medical education mission of
the university, but shall not include state university student health
services.
S 3. Subdivision 16 of section 355 of the education law, as added by
chapter 363 of the laws of 1998, is amended to read as follows:
16. Subject to laws and regulations applicable to the state university
as a health care provider the state university trustees may:
a. Notwithstanding section one hundred sixty-three of the state
finance law AND SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize
[contracts for] a state university health care facility [for partic-
ipation] TO CREATE AND/OR PARTICIPATE in managed care networks and other
joint and cooperative arrangements with public, [non-profit]
NOT-FOR-PROFIT or FOR PROFIT business entities, INCLUDING JOINT VENTUR-
ERS, NOT-FOR-PROFIT OR FOR PROFIT CORPORATIONS, PROFESSIONAL CORPO-
RATIONS, AND LIMITED LIABILITY COMPANIES, including entering into a
maximum of twenty network arrangements per year, as partners, JOINT
VENTURERS, members of [non-profit] NOT-FOR-PROFIT corporations, MEMBERS
OF LIMITED LIABILITY COMPANIES and shareholders of business corpo-
rations, and the provision of management and administrative services by
or for state university. Any contract for the provision of management
services shall be subject to any provision of the public health law and
S. 6607--A 87 A. 9707--A
health regulations applicable to the state university as a health care
provider, including any review by the commissioner of health pursuant to
10 NYCRR section 405.3(f). In addition, the commissioner of health shall
provide for public comment within thirty days of a submission of any
management contract required to be reviewed pursuant to regulation. The
trustees may also authorize contracts, including [capitation] RISK-SHAR-
ING contracts, for a state university health care facility for the
provision of general comprehensive and specialty health care services,
directly or through contract with other service providers or entities,
including state university employees or entities comprised thereof.
Contracts authorized hereunder shall be:
(1) consistent with trustee guidelines respecting all terms and condi-
tions necessary and appropriate for managed care NETWORKS and other
[network,] joint or cooperative arrangements, including GUIDELINES
GOVERNING THE AWARDING OF SUCH CONTRACTS, guidelines for comparative
review where appropriate, AND CONFLICT-OF-INTEREST GUIDELINES;
(2) subject to laws and regulations applicable to the state university
as a health care provider, including with respect to rates and certif-
icates of need; and
(3) subject to article fourteen of the civil service law and the
applicable provisions of agreements between the state and employee
organizations pursuant to article fourteen of the civil service law.
b. (1) Notwithstanding the provisions of [subdivision two of section
one hundred twelve of the state finance law relating to the dollar
threshold requiring the comptroller's approval of contracts and] subdi-
vision six of section one hundred sixty-three of the state finance law
AND SECTION SIXTY-THREE OF THE EXECUTIVE LAW, authorize contracts for
the purchase of goods and services for state university health care
facilities WITHOUT PRIOR APPROVAL BY ANY OTHER STATE OFFICER OR AGENCY:
[(1)] (A) for any contract [which does not exceed seventy-five thou-
sand dollars] FOR GOODS OR SERVICES OR FOR ANY REVENUE CONTRACT; or
[(2)] (B) for joint or group purchasing arrangements [which do not
exceed seventy-five thousand dollars without prior approval by any other
state, officer or agency] in accordance with procedures and requirements
found in paragraph a of subdivision five of this section.
[(3) contracts] (2) CONTRACTS authorized hereunder shall be subject to
article fourteen of the civil service law and the applicable provisions
of agreements between the state and employee organizations pursuant to
article fourteen of the civil service law AND SHALL BE CONSISTENT WITH
TRUSTEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, COMPARATIVE
REVIEW WHERE APPROPRIATE, AND CONFLICT-OF-INTEREST GUIDELINES.
[The trustees are authorized to negotiate annually with the state
comptroller increases in the aforementioned dollar limits.]
c. Authorize contracts for the acquisition BY STATE UNIVERSITY HEALTH
CARE FACILITIES OR FACILITIES SUITABLE FOR THE DELIVERY OF HEALTH CARE
SERVICES, by purchase, lease, sublease, transfer of jurisdiction or
otherwise[, of facilities suitable for the delivery of health care
services] and for the construction, repair, maintenance, equipping,
rehabilitation or improvement thereof. SUCH FACILITIES MAY BE ACQUIRED
IN WHOLE OR IN PART BY STATE UNIVERSITY HEALTH CARE FACILITIES, EITHER
DIRECTLY OR THROUGH OWNERSHIP IN A JOINT OR COOPERATIVE ARRANGEMENT
AUTHORIZED BY PARAGRAPH A OF THIS SUBDIVISION. Such contracts shall be
[subject to approval by the attorney general as to form and by the
director of the budget and the state comptroller] CONSISTENT WITH TRUS-
TEE GUIDELINES GOVERNING THE AWARDING OF SUCH CONTRACTS, INCLUDING
GUIDELINES REQUIRING COMPARATIVE REVIEW WHERE APPROPRIATE AND CONFLICT
S. 6607--A 88 A. 9707--A
OF INTEREST GUIDELINES. Contracts under this paragraph shall be funded
from any moneys lawfully available for the expenses of the STATE UNIVER-
SITY health care facilities.
D. THE STATE UNIVERSITY SHALL PROVIDE BY JULY FIFTEENTH OF EACH YEAR
TO THE DIRECTOR OF THE BUDGET AND TO THE CHAIRS OF THE SENATE FINANCE
COMMITTEE AND THE ASSEMBLY WAYS AND MEANS COMMITTEE A REPORT WHICH SETS
FORTH WITH RESPECT TO CONTRACTS ENTERED INTO DURING THE PRIOR YEAR BY
STATE UNIVERSITY HEALTH CARE FACILITIES (1) THE AMOUNT, PURPOSE, AND
DURATION OF CONTRACTS AND ARRANGEMENTS ENTERED INTO PURSUANT TO PARA-
GRAPHS A AND C OF THIS SUBDIVISION, (2) A LISTING OF CONTRACTS OVER THE
AMOUNT OF TWO HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO
CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION, AND
(3) THE AMOUNT, PURPOSE AND DURATION OF CONTRACTS OVER THE AMOUNT OF TWO
HUNDRED FIFTY THOUSAND DOLLARS ENTERED INTO PURSUANT TO CLAUSE (B) OF
SUBPARAGRAPH ONE OF PARAGRAPH B OF THIS SUBDIVISION.
S 4. Notwithstanding any inconsistent provision in section 8 of the
court of claims act, subdivision 10 of section 355 of the education law
or any other provision of law, a state university health care facility
may include in a contract authorized by paragraph a of subdivision 16 of
section 355 of the education law, other than a contract with state
employees relating to terms and conditions of their employment, a
provision that some or all disputes arising under or related to such
contract shall be resolved by binding arbitration in accordance with the
rules of a nationally-recognized arbitration association.
S 5. Clause (E) of subparagraph (iii) of paragraph (a) of subdivision
4 of section 364-j of the social services law is relettered clause (F)
and a new clause (E) is added to read as follows:
(E) THE SERVICES ARE OPTOMETRIC SERVICES AND ARE PROVIDED BY A DIAG-
NOSTIC AND TREATMENT CENTER LICENSED UNDER ARTICLE TWENTY-EIGHT OF THE
PUBLIC HEALTH LAW WHICH IS AFFILIATED WITH THE COLLEGE OF OPTOMETRY OF
THE STATE UNIVERSITY OF NEW YORK AND WHICH HAS BEEN GRANTED AN OPERATING
CERTIFICATE PURSUANT TO ARTICLE TWENTY-EIGHT OF THE PUBLIC HEALTH LAW TO
PROVIDE SUCH OPTOMETRIC SERVICES. ANY DIAGNOSTIC AND TREATMENT CENTER
PROVIDING OPTOMETRIC SERVICES PURSUANT TO THIS CLAUSE SHALL PRIOR TO
JUNE FIRST OF EACH YEAR REPORT TO THE GOVERNOR, TEMPORARY PRESIDENT OF
THE SENATE AND SPEAKER OF THE ASSEMBLY ON THE FOLLOWING: THE TOTAL
NUMBER OF VISITS MADE BY MEDICAL ASSISTANCE RECIPIENTS DURING THE IMME-
DIATELY PRECEDING CALENDAR YEAR; THE NUMBER OF VISITS MADE BY MEDICAL
ASSISTANCE RECIPIENTS DURING THE IMMEDIATELY PRECEDING CALENDAR YEAR BY
RECIPIENTS WHO WERE ENROLLED IN MANAGED CARE PROGRAMS; THE NUMBER OF
VISITS MADE BY MEDICAL ASSISTANCE RECIPIENTS DURING THE IMMEDIATELY
PRECEDING CALENDAR YEAR BY RECIPIENTS WHO WERE ENROLLED IN MANAGED CARE
PROGRAMS THAT PROVIDE OPTOMETRIC BENEFITS AS A COVERED SERVICE; AND THE
NUMBER OF VISITS MADE BY THE UNINSURED DURING THE IMMEDIATELY PRECEDING
CALENDAR YEAR; OR
S 6. This act shall take effect immediately; provided, however, that
the amendments to section 364-j of the social services law, made by
section five of this act, shall not affect the repeal of such section
and shall be deemed repealed therewith.
SUBPART F
Section 1. The board of trustees of the state university of New York
and the city university of New York shall report every January first to
the governor, the temporary president of the senate and the speaker of
the assembly on the effectiveness of the reforms pursuant to this act.
S. 6607--A 89 A. 9707--A
The report shall address the progress of the state-operated and senior
colleges in competing with the top academic research institutions, the
impact of efforts by the state university of New York and the city
university of New York to increase the economic well-being of New York;
and the impact of tuition increases and efforts to ensure affordable
access for economically deprived students.
S 2. This act shall take effect immediately.
S 3. 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 4. This act shall take effect immediately provided, however, that
the applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.
PART F
Section 1. Subparagraphs (i), (ii), (iii), and (iv) of paragraph c of
subdivision 6 of section 665 of the education law, subparagraphs (i),
(ii) and (iii) as added by section 3 of part E-1 of chapter 57 of the
laws of 2007, and subparagraph (iv) as amended by section 2 of part I of
chapter 57 of the laws of 2008, are amended to read as follows:
(i) For students first receiving aid in two thousand seven--two thou-
sand eight THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND THOSE STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED BY
THE COMMISSIONER, WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT, and thereafter, and enrolled in four-year or five-year
undergraduate programs whose terms are organized in semesters:
Before Being 1st 2nd 3rd 4th 5th 6th 7th 8th 9th 10th
Certified
for This
Payment
A Student Must 0 3 9 21 33 45 60 75 90 105
Have Accrued at
Least This
Many Credits
With At Least 0 1.1 1.2 1.3 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(ii) For students first receiving aid in two thousand seven--two thou-
sand eight THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND THOSE STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED BY
THE COMMISSIONER, WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT, and thereafter, and enrolled in two-year undergraduate
programs whose terms are organized in semesters:
Before Being 1 2 3 4 5 6
S. 6607--A 90 A. 9707--A
Certified
for This
Payment
A Student 0 3 9 18 30 45
Must Have
Accrued at
Least This
Many Credits
With at Least 0 .5 .75 1.3 2.0 2.0
This Grade
Point Average
(iii) For students first receiving aid in two thousand seven--two
thousand eight THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND
TEN, AND THOSE STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED
BY THE COMMISSIONER, WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT, and thereafter, and enrolled in four-year or five-year
undergraduate programs whose terms are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8
Certified
for This
Payment
A Student 0 2 4 9 17 25 33 40
Must Have
Accrued at
Least This
Many Credits
With At Least 0 1.1 1.1 1.2 1.2 1.3 2.0 2.0
This Grade
Point Average
and,
Before Being 9 10 11 12 13 14 15
Certified
for This
Payment
A Student 50 60 70 80 90 100 110
Must Have
Accrued at
Least This
Many Credits
With At Least 2.0 2.0 2.0 2.0 2.0 2.0 2.0
This Grade
Point Average
(iv) For students first receiving aid in two thousand seven--two thou-
sand eight THROUGH AND INCLUDING TWO THOUSAND NINE--TWO THOUSAND TEN,
AND THOSE STUDENTS ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED BY
S. 6607--A 91 A. 9707--A
THE COMMISSIONER, WHO FIRST RECEIVED AID IN TWO THOUSAND SEVEN--TWO
THOUSAND EIGHT, and thereafter, and enrolled in two-year undergraduate
programs whose terms are organized on a trimester basis:
Before Being 1 2 3 4 5 6 7 8 9
Certified
for This
Payment
A Student 0 2 4 9 15 21 30 37 45
Must Have
Accrued at
Least This
Many Credits
With At Least 0 .5 .5 .75 .75 1.3 2.0 2.0 2.0
This Grade
Point Average
S 2. Paragraph c of subdivision 6 of section 665 of the education law
is amended by adding four new subparagraphs (v), (vi), (vii) and (viii)
to read as follows:
(V) FOR STUDENTS NOT ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED
BY THE COMMISSIONER FIRST RECEIVING AID IN TWO THOUSAND SEVEN--TWO THOU-
SAND EIGHT, AND THEREAFTER, AND ENROLLED IN FOUR-YEAR OR FIVE-YEAR
UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMESTERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 0 6 15 30 45 60 75 90 105 120
HAVE ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.5 1.8 2.0 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VI) FOR STUDENTS NOT ENROLLED IN A PROGRAM OF REMEDIAL STUDY APPROVED
BY THE COMMISSIONER FIRST RECEIVING AID IN TWO THOUSAND SEVEN--TWO THOU-
SAND EIGHT, AND THEREAFTER, AND ENROLLED IN TWO-YEAR UNDERGRADUATE
PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMESTERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 0 6 15 30 45 60
HAVE ACCRUED AT
LEAST THIS
MANY CREDITS
S. 6607--A 92 A. 9707--A
WITH AT LEAST 0 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VII) FOR STUDENTS NOT ENROLLED IN A PROGRAM OF REMEDIAL STUDY
APPROVED BY THE COMMISSIONER FIRST RECEIVING AID IN TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT, AND THEREAFTER, AND ENROLLED IN FOUR-YEAR OR
FIVE-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A TRIMES-
TER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 0 4 10 15 25 35 45 55
HAVE ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.3 1.5 1.8 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
AND,
BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 65 75 85 95 105 115 120
HAVE ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(VIII) FOR STUDENTS NOT ENROLLED IN A PROGRAM OF REMEDIAL STUDY
APPROVED BY THE COMMISSIONER FIRST RECEIVING AID IN TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT, AND THEREAFTER, AND ENROLLED IN TWO-YEAR
UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 0 2 6 15 25 35 45 55 60
HAVE ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.3 1.5 1.8 1.8 2.0 2.0 2.0 2.0
THIS GRADE
S. 6607--A 93 A. 9707--A
POINT AVERAGE
S 3. Subdivision 6 of section 665 of the education law is amended by
adding a new paragraph d to read as follows:
D. FOR PURPOSES OF PARAGRAPH C OF THIS SUBDIVISION, STUDENTS ENROLLED
IN A PROGRAM OF REMEDIAL STUDY SHALL MEAN STUDENTS WHO ARE ENROLLED IN
REMEDIAL COURSES EQUIVALENT TO AT LEAST SIX CREDITS IN THEIR INITIAL
TERM OF RECEIPT OF STATE FINANCIAL AID AND ENROLLED IN AT LEAST TWELVE
CREDITS IN THEIR FIRST YEAR OF RECEIPT OF STATE FINANCIAL AID AND WHOSE
SCORES ON RECOGNIZED COLLEGE PLACEMENT EXAMS INDICATE THE NEED FOR REME-
DIATION AND SHALL MEAN STUDENTS ENROLLED IN THE HIGHER EDUCATION OPPOR-
TUNITY PROGRAM (HEOP), THE EDUCATION OPPORTUNITY PROGRAM (EOP), THE
SEARCH FOR EDUCATION, ELEVATION AND KNOWLEDGE (SEEK) PROGRAM, OR THE
COLLEGE DISCOVERY PROGRAM.
S 4. This act shall take effect July 1, 2010.
PART G
Section 1. Paragraphs b and c of subdivision 6 of section 661 of the
education law are REPEALED and two new paragraphs b and c are added to
read as follows:
B. A STUDENT WHO IS IN DEFAULT ON A STUDENT LOAN MADE UNDER ANY STAT-
UTORY NEW YORK STATE OR FEDERAL EDUCATION LOAN PROGRAM SHALL BE INELIGI-
BLE TO RECEIVE ANY AWARD OR LOAN PURSUANT TO THIS ARTICLE UNTIL THE
STUDENT CURES THE DEFAULT STATUS PURSUANT TO APPLICABLE LAW AND REGU-
LATION.
C. A STUDENT WHO HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE
CONDITION IMPOSED BY AN AWARD MADE PURSUANT TO THIS ARTICLE OR HAS
FAILED TO REPAY AN AWARD MADE PURSUANT TO THIS ARTICLE, AS REQUIRED BY
PARAGRAPH A OF SUBDIVISION FOUR OF SECTION SIX HUNDRED SIXTY-FIVE OF
THIS SUBPART, SHALL BE INELIGIBLE TO RECEIVE ANY AWARD OR LOAN PURSUANT
TO THIS ARTICLE SO LONG AS SUCH FAILURE TO COMPLY OR REPAY CONTINUES.
S 2. This act shall take effect July 1, 2010; provided further that
the provisions of this act shall apply to any student who is in default
in the repayment of any student loan or under the terms of any award
pursuant to this article.
PART H
Section 1. Subdivision 2 of section 667 of the education law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
2. Duration. No undergraduate shall be eligible for more than four
academic years of study, or five academic years if the program of study
normally requires five years. Students enrolled in a program of remedial
study, approved by the commissioner in an institution of higher educa-
tion and intended to culminate in a degree in undergraduate study shall,
for purposes of this section, be considered as enrolled in a program of
study normally requiring five years. An undergraduate student enrolled
in an eligible two year program of study approved by the commissioner
shall be eligible for no more than three academic years of study. [No
graduate student shall be eligible for more than four academic years of
study provided, however, that no graduate student shall be eligible for
more than one degree program at the master's, first professional or
doctorate level. No student shall be eligible for a total of more than
the equivalent of eight years of combined undergraduate and graduate
study.] Any semester, quarter, or term of attendance during which a
S. 6607--A 94 A. 9707--A
student receives any award under this article, after the effective date
of the former scholar incentive program and prior to academic year nine-
teen hundred eighty-nine--nineteen hundred ninety, shall be counted
toward the maximum term of eligibility for tuition assistance under this
section, except that any semester, quarter or term of attendance during
which a student received an award pursuant to section six hundred
sixty-six of this article shall be counted as one-half of a semester,
quarter or term, as the case may be, toward the maximum term of eligi-
bility under this section. Any semester, quarter or term of attendance
during which a student received an award pursuant to section six hundred
sixty-seven-a of this article shall not be counted toward the maximum
term of eligibility under this section.
S 2. Paragraph c of subdivision 3 of section 667 of the education law
is REPEALED and paragraph d is relettered paragraph c.
S 3. Subdivision 5 of section 663 of the education law, as amended by
chapter 622 of the laws of 2008, is amended to read as follows:
5. Adjustments of income. [(a) Except for purposes of paragraphs a and
b of subdivision three of section six hundred sixty-seven of this part
if, during the academic year in which the applicant will receive an
award, one or more of either the parents of the applicant or other
dependent children of such parents, the spouse of the applicant, or one
or more dependent children of the applicant, in addition to the appli-
cant, will be in full-time attendance in an approved program, the
combined net taxable income determined under subdivision one of this
section shall be divided by the total number of the aforesaid persons
(including the applicant) who will be in such attendance, and the
resulting quotient shall be deemed the applicable income in determining
the applicant's award for such academic year.
(b)] In the determination of income for purposes of paragraphs a and b
of subdivision three of section six hundred sixty-seven of this part if,
during the academic year in which the applicant will receive an award,
one of either the parents of the applicant or other dependent child of
such parents, the spouse of the applicant, or one or more dependent
children of the applicant, in addition to the applicant, will be in
full-time attendance in an approved program, the combined net taxable
income determined under subdivision one of this section shall be reduced
by three thousand dollars and an additional two thousand dollars for
each other such person additional to the aforesaid persons (including
the applicant) who will be in such attendance, and the resulting amount
shall be deemed the applicable income in determining the applicant's
award for the academic year.
S 4. Paragraph a of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
a. In determining the amount of an award for [graduate and undergradu-
ate] students, the income of the parents shall be excluded if the
student has been emancipated from his parents.
S 5. The opening paragraph of subparagraph 1 of paragraph b of subdi-
vision 3 of section 663 of the education law, as amended by chapter 101
of the laws of 1992, is amended to read as follows:
The applicant is a student who was married on or before December thir-
ty-first of the calendar year prior to the beginning of the academic
year for which application is made or is an undergraduate student who
has reached the age of twenty-two on or before June thirtieth prior to
the academic year for which application is made [or is a graduate
student,] and who, during the calendar year next preceding the semester,
S. 6607--A 95 A. 9707--A
quarter or term of attendance for which application is made and at all
times subsequent thereto up to and including the entire period for which
application is made:
S 6. Paragraph d of subdivision 3 of section 663 of the education law,
as amended by chapter 62 of the laws of 1977, is amended to read as
follows:
d. Any [graduate or] undergraduate student who was allowed to exclude
parental income pursuant to the provisions of subdivision three of
section six hundred three of this chapter as they existed prior to July
first, nineteen hundred seventy-four may continue to exclude such income
for so long as he continues to comply with such provisions.
S 7. This act shall take effect July 1, 2010.
PART I
Section 1. Subclause 1 of clause (A) of subparagraph (i) of paragraph
a of subdivision 3 of section 667 of the education law, as amended by
section 1 of part B of chapter 60 of the laws of 2000, is amended to
read as follows:
(1) In the case of students who have not been granted an exclusion of
parental income or had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made
OR IN THE CASE OF STUDENTS UNDER TWENTY-TWO YEARS OF AGE WITH NO DEPEND-
ENT WHO HAVE BEEN GRANTED AN EXCLUSION OF PARENTAL INCOME, EXCEPT FOR
THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL INCOME WHO
HAVE A SPOUSE BUT NO OTHER DEPENDENT:
(a) For students first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two thousand--two thou-
sand one, four thousand one hundred twenty-five dollars; or
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand five hundred
seventy-five dollars; or
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars.
S 2. Subparagraph (ii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(ii) Except for students as noted in subparagraph (iii) of this para-
graph, the base amount as determined from subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
(A) Less than seven thousand None
dollars
(B) Seven thousand dollars or Seven per centum of excess
more, but less than eleven over seven thousand dollars
thousand dollars
(C) Eleven thousand dollars or Two hundred eighty dollars
more, but less than eighteen plus ten per centum of excess
thousand dollars over eleven thousand dollars
(D) Eighteen thousand dollars or Nine hundred eighty dollars
more, but not more than eighty plus twelve per centum of
thousand dollars EXCEPT excess over eighteen
FOR STUDENTS UNDER TWENTY-TWO thousand dollars
S. 6607--A 96 A. 9707--A
YEARS OF AGE WITH NO DEPENDENT
WHO HAVE BEEN GRANTED AN
EXCLUSION OF PARENTAL INCOME,
THEN, EIGHTEEN THOUSAND DOLLARS
OR MORE, BUT NOT MORE THAN
TWENTY-FIVE THOUSAND DOLLARS
S 3. Subparagraph (vi) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(vi) For the two thousand two--two thousand three academic year and
thereafter, the award shall be the net amount of the base amount deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph (ii) or (iii) of this paragraph but the award shall not be
reduced below five hundred dollars AND IN THE CASE OF STUDENTS UNDER
TWENTY-TWO YEARS OF AGE WITH NO DEPENDENT WHO HAVE BEEN GRANTED AN
EXCLUSION OF PARENTAL INCOME, THE AWARD SHALL NOT BE REDUCED BELOW THREE
THOUSAND ONE HUNDRED EIGHTY DOLLARS.
S 4. Subclause 2 of clause (A) of subparagraph (i) of paragraph a of
subdivision 3 of section 667 of the education law, as amended by section
1 of part B of chapter 60 of the laws of 2000, is amended to read as
follows:
(2) In the case of students receiving awards pursuant to subparagraph
(iii) of this paragraph AND THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLU-
SION OF PARENTAL INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT.
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, three thousand twenty-five
dollars, or
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, two thousand five hundred seventy-five
dollars, or
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand four hundred fifty
dollars; or
S 5. Subparagraph (iii) of paragraph a of subdivision 3 of section 667
of the education law, as amended by section 1 of part B of chapter 60 of
the laws of 2000, is amended to read as follows:
(iii) [For] (A) EXCEPT IN THE CASE OF STUDENTS UNDER TWENTY-TWO YEARS
OF AGE WITH NO DEPENDENT WHO HAVE BEEN GRANTED AN EXCLUSION OF PARENTAL
INCOME, FOR students who have been granted exclusion of parental income
and were single with no dependent for income tax purposes during the tax
year next preceding the academic year for which application is made, the
base amount, as determined in subparagraph (i) of this paragraph, shall
be reduced in relation to income as follows:
Amount of income Schedule of reduction
of base amount
[(A)] (1) Less than three thousand None
dollars
[(B)] (2) Three thousand dollars or Thirty-one per centum of
more, but not more than ten amount in excess of three
thousand dollars thousand dollars
S. 6607--A 97 A. 9707--A
(B) FOR THOSE STUDENTS WHO HAVE BEEN GRANTED EXCLUSION OF PARENTAL
INCOME WHO HAVE A SPOUSE BUT NO OTHER DEPENDENT, FOR INCOME TAX PURPOSES
DURING THE TAX YEAR NEXT PRECEDING THE ACADEMIC YEAR FOR WHICH APPLICA-
TION IS MADE, THE BASE AMOUNT, AS DETERMINED IN SUBPARAGRAPH (I) OF THIS
PARAGRAPH, SHALL BE REDUCED IN RELATION TO INCOME AS FOLLOWS:
AMOUNT OF INCOME SCHEDULE OF REDUCTION
OF BASE AMOUNT
(1) LESS THAN SEVEN THOUSAND NONE
DOLLARS
(2) SEVEN THOUSAND DOLLARS OR SEVEN PER CENTUM OF EXCESS
MORE, BUT LESS THAN ELEVEN OVER SEVEN THOUSAND DOLLARS
THOUSAND DOLLARS
(3) ELEVEN THOUSAND DOLLARS OR TWO HUNDRED EIGHTY DOLLARS
MORE, BUT LESS THAN EIGHTEEN PLUS TEN PER CENTUM OF EXCESS
THOUSAND DOLLARS OVER ELEVEN THOUSAND DOLLARS
(4) EIGHTEEN THOUSAND DOLLARS OR NINE HUNDRED EIGHTY DOLLARS
MORE, BUT NOT MORE THAN FORTY PLUS TWELVE PER CENTUM OF
THOUSAND DOLLARS EXCESS OVER EIGHTEEN
THOUSAND DOLLARS
S 6. This act shall take effect July 1, 2010.
PART J
Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part B of chapter 60 of the laws of 2000, is
amended and a new subitem (d) is added to read as follows:
(c) For students first receiving aid in [the] two thousand--two thou-
sand one and thereafter, five thousand dollars[.]; OR
(D) FOR UNDERGRADUATE STUDENTS ENROLLED IN A PROGRAM OF STUDY AT A
PUBLIC OR NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A
PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS-
TERED NOT-FOR-PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER
SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX
PURPOSES THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA-
LAUREATE DEGREE, FOUR THOUSAND DOLLARS. PROVIDED, HOWEVER, THAT THIS
SUBITEM SHALL NOT APPLY TO STUDENTS ENROLLED IN A PROGRAM OF STUDY LEAD-
ING TO A CERTIFICATE OR DEGREE IN NURSING.
S 2. This act shall take effect July 1, 2010.
PART K
Section 1. Subdivision 4 of section 661 of the education law, as
amended by chapter 309 of the laws of 1996, paragraph a as amended by
section 1 and paragraph c as amended, paragraphs d and e as added and
paragraph f as relettered by section 2 of part E-1 of chapter 57 of the
laws of 2007 and paragraph f as added by chapter 332 of the laws of
1998, is amended to read as follows:
4. Attendance in approved courses of study in approved institutions.
To be eligible to receive payments from the president a student:
a. Must be matriculated in an approved program, as defined by the
commissioner pursuant to article thirteen OF THIS CHAPTER, OR PURSUANT
TO PARAGRAPH B OF THIS SUBDIVISION, in an institution situated in the
S. 6607--A 98 A. 9707--A
state, which has been approved and operating in this state for at least
one year, and has been approved for participation in federal student
financial aid programs authorized by Title IV of the Higher Education
Act of 1965, as amended. Nothing in this subdivision shall preclude
payment of an award to a recipient who receives instruction outside the
state, which instruction is conducted by an institution situated in the
state, and is part of the student's program of study at such institu-
tion; provided, however, that nothing in this subdivision shall preclude
the receipt of a loan pursuant to section six hundred eighty of this
article; provided, further, that students not attending institutions
eligible for participating in federal Title IV financial aid programs on
or before July first, two thousand seven: (i) who received their first
award under this article before the two thousand six--two thousand seven
academic year shall be eligible for payments until the end of the two
thousand nine--two thousand ten academic year; or (ii) who received
their first award under this article for the two thousand six--two thou-
sand seven academic year through and including the two thousand nine--
two thousand ten academic year shall be eligible for payments until the
end of the two thousand fourteen--two thousand fifteen academic year.
b. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY AND THE
RULES AND REGULATIONS PROMULGATED PURSUANT THERETO, THE PRESIDENT SHALL
MAKE TUITION ASSISTANCE PROGRAM AWARDS AVAILABLE TO FULL-TIME RESIDENT
UNDERGRADUATE STUDENTS NOT CURRENTLY ELIGIBLE FOR AWARDS UNDER SUBDIVI-
SION THREE OF SECTION SIX HUNDRED SIXTY-SEVEN OF THIS PART AND WHO ARE
ATTENDING AN EDUCATIONAL INSTITUTION IN THIS STATE THAT:
(I) IS EXEMPT FROM FEDERAL TAXATION UNDER SECTION 501(C)(3) OF THE
INTERNAL REVENUE CODE; AND
(II) HAS ITS HEADQUARTERS AND MAIN CAMPUS LOCATED WITHIN THE STATE AND
IS ELIGIBLE FOR FUNDS UNDER TITLE IV OF THE HIGHER EDUCATION ACT OF
1965, AS AMENDED; AND
(III) IS ACCREDITED BY AN AGENCY RECOGNIZED BY THE UNITED STATES
SECRETARY OF EDUCATION, OR BY A SUCCESSOR FEDERAL AGENCY; AND
(IV) ENROLLMENT IN WHICH INSTITUTION WOULD RENDER THE STUDENT ELIGIBLE
TO RECEIVE A FEDERAL PELL GRANT IN ACCORDANCE WITH SECTION ONE THOUSAND
SEVENTY OF TITLE TWENTY OF THE UNITED STATES CODE, ET. SEQ. AND THE
REGULATIONS PROMULGATED THEREUNDER; AND
(V) PROVIDES A PROGRAM OF INSTRUCTION LASTING AT LEAST THREE YEARS,
FOR WHICH THE STUDENT IS ENROLLED.
B-1. TUITION ASSISTANCE PROGRAM AWARDS THAT ARE MADE AVAILABLE TO
STUDENTS PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE
AWARDED IF AN APPLICANT:
(I) DOES NOT MEET THE CITIZENSHIP REQUIREMENTS PURSUANT TO SUBDIVISION
THREE OF THIS SECTION;
(II) DOES NOT MEET THE INCOME REQUIREMENTS PURSUANT TO SECTION SIX
HUNDRED SIXTY-THREE OF THIS SUBPART;
(III) DOES NOT MAINTAIN GOOD ACADEMIC STANDING PURSUANT TO PARAGRAPH C
OF SUBDIVISION SIX OF SECTION SIX HUNDRED SIXTY-FIVE OF THIS SUBPART,
AND IF THERE IS NO APPLICABLE EXISTING ACADEMIC STANDARDS SCHEDULE
PURSUANT TO SUCH SUBDIVISION, THEN SUCH RECIPIENT SHALL BE PLACED ON THE
ACADEMIC STANDARDS SCHEDULE APPLICABLE TO STUDENTS ENROLLED IN A
FOUR-YEAR OR FIVE-YEAR UNDERGRADUATE PROGRAM;
(IV) IS IN DEFAULT IN THE REPAYMENT OF ANY STATE OR FEDERAL STUDENT
LOAN, HAS FAILED TO COMPLY WITH THE TERMS OF ANY SERVICE CONDITION
IMPOSED BY AN ACADEMIC PERFORMANCE AWARD MADE PURSUANT TO THIS ARTICLE,
OR HAS FAILED TO MAKE A REFUND OF ANY AWARD; OR
(V) IS INCARCERATED IN ANY FEDERAL, STATE OR OTHER PENAL INSTITUTION.
S. 6607--A 99 A. 9707--A
C. Must be in full-time attendance, as defined by the commissioner,
except as otherwise specifically provided in THIS article [fourteen],
and, for a student having completed his or her second academic year,
must have a cumulative C average or its equivalent. The president may
waive the requirement that the student have a cumulative C average or
its equivalent for undue hardship based on: (i) the death of a relative
of the student; (ii) the personal injury or illness of the student; or
(iii) other extenuating circumstances; and
[c.] D. For students who first receive aid pursuant to this chapter in
academic year nineteen hundred ninety-six--nineteen hundred ninety-seven
to academic year two thousand six--two thousand seven, must have a
certificate of graduation from a school providing secondary education,
or the recognized equivalent of such certificate; or have achieved a
passing score, as determined by the United States secretary of educa-
tion, on a federally approved examination which demonstrates that the
student can benefit from the education being offered;
[d.] E. For students who first receive aid pursuant to this chapter in
academic year two thousand six--two thousand seven, must have a certif-
icate of graduation from a recognized school providing secondary educa-
tion within the United States, or the recognized equivalent of such
certificate, or have been admitted to such institution after receiving a
passing score on a federally approved ability to benefit test that has
been independently administered and evaluated, as provided by the
commissioner;
[e.] F. For students who first receive aid pursuant to this chapter in
academic year two thousand seven--two thousand eight or thereafter, must
have (i) a certificate of graduation from a school providing secondary
education from a state within the United States; or (ii) the recognized
equivalent of such certificate; or (iii) received a passing score on a
federally approved ability to benefit test that has been identified by
the board of regents as satisfying the eligibility requirements of this
section and has been independently administered and evaluated as defined
by the commissioner[.];
[f. for] G. FOR students who are disabled as defined by the Americans
With Disability Act of 1990, 42 USC 12101, the full-time attendance
requirement is eliminated. Such disabled students may be in part-time
attendance, as defined by the commissioner in order to be eligible to
receive payments from the president.
S 2. This act shall take effect immediately and shall apply to academ-
ic year 2010-2011 and to all subsequent academic years.
PART L
Section 1. Paragraph a of subdivision 3 of section 667 of the educa-
tion law is amended by adding a new subparagraph (vii) to read as
follows:
(VII) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II),
(III), (V) AND (VI) OF THIS PARAGRAPH, FOR THE TWO THOUSAND TEN -- TWO
THOUSAND ELEVEN ACADEMIC YEAR, AND FOR EACH ACADEMIC YEAR THEREAFTER,
EACH AWARD SHALL BE REDUCED BY A TOTAL OF SEVENTY-FIVE DOLLARS OR BY THE
ACTUAL AWARD WHEN SUCH AWARD IS LESS THAN SEVENTY-FIVE DOLLARS. SUCH
AWARD REDUCTION SHALL BE APPLIED PROPORTIONATELY TO REDUCE AWARDS FOR
EACH SEMESTER, TRIMESTER, QUARTER OR OTHER TERM OF ATTENDANCE DURING
WHICH A STUDENT RECEIVES AN AWARD IN THE ACADEMIC YEAR.
S 2. Paragraph b of subdivision 3 of section 667 of the education law
is amended by adding a new subparagraph (vi) to read as follows:
S. 6607--A 100 A. 9707--A
(VI) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III)
AND (V) OF THIS PARAGRAPH, FOR THE TWO THOUSAND TEN -- TWO THOUSAND
ELEVEN ACADEMIC YEAR, AND FOR EACH ACADEMIC YEAR THEREAFTER, EACH AWARD
SHALL BE REDUCED BY A TOTAL OF SEVENTY-FIVE DOLLARS OR BY THE ACTUAL
AWARD WHEN SUCH AWARD IS LESS THAN SEVENTY-FIVE DOLLARS. SUCH AWARD
REDUCTION SHALL BE APPLIED PROPORTIONATELY TO REDUCE AWARDS FOR EACH
SEMESTER, TRIMESTER, QUARTER OR OTHER TERM OF ATTENDANCE DURING WHICH A
STUDENT RECEIVES AN AWARD IN THE ACADEMIC YEAR.
S 3. Paragraph c of subdivision 3 of section 667 of the education law
is amended by adding a new subparagraph (vi) to read as follows:
(VI) NOTWITHSTANDING THE PROVISIONS OF SUBPARAGRAPHS (I), (II), (III)
AND (V) OF THIS PARAGRAPH, FOR THE TWO THOUSAND TEN -- TWO THOUSAND
ELEVEN ACADEMIC YEAR, AND FOR EACH ACADEMIC YEAR THEREAFTER, EACH AWARD
SHALL BE REDUCED BY A TOTAL OF SEVENTY-FIVE DOLLARS OR BY THE ACTUAL
AWARD WHEN SUCH AWARD IS LESS THAN SEVENTY-FIVE DOLLARS. SUCH AWARD
REDUCTION SHALL BE APPLIED PROPORTIONATELY TO REDUCE AWARDS FOR EACH
SEMESTER, TRIMESTER, QUARTER OR OTHER TERM OF ATTENDANCE DURING WHICH A
STUDENT RECEIVES AN AWARD IN THE ACADEMIC YEAR.
S 4. This act shall take effect July 1, 2010.
PART M
Section 1. Subdivision 1 of section 663 of the education law, as
amended by section 1 of part F of chapter 57 of the laws of 2009, is
amended to read as follows:
1. Income defined. Except as otherwise provided in this section,
"income" shall be the total of the combined net taxable income and
income from pensions of New York state, local governments [and], the
federal government AND ANY PRIVATE EMPLOYER of the applicant, the appli-
cant's spouse, and the applicant's parents, INCLUDING ANY PENSION AND
ANNUITY INCOME EXCLUDED FOR PURPOSES OF TAXATION PURSUANT TO PARAGRAPH
THREE-A OF SUBSECTION (C) OF SECTION SIX HUNDRED TWELVE OF THE TAX LAW,
as reported in New York state income tax returns for the calendar year
next preceding the beginning of the school year for which application
for assistance is made, except that any amount received by an applicant
as a scholarship at an educational institution or as a fellowship grant,
including the value of contributed services and accommodations, shall
not be included within the definition of "income" for the purposes of
this article. The term "parent" shall include birth parents, steppar-
ents, adoptive parents and the spouse of an adoptive parent. Income, if
not a whole dollar amount, shall be assumed to be equal to the next
lowest whole dollar amount. Any change in the status of an applicant
with regard to the persons responsible for the applicant's support
occurring after the beginning of any semester shall not be considered to
change the applicant's award for that semester.
S 2. This act shall take effect July 1, 2010.
PART N
Section 1. Section 3 of part V of chapter 57 of the laws of 2005
amending the education law relating to the New York state nursing facul-
ty loan forgiveness incentive program and the New York state nursing
faculty scholarship program, as added by section 4 of part D of chapter
63 of the laws of 2005, is amended to read as follows:
S 3. This act shall take effect on the same date and in the same
manner as Part H of [a] THIS chapter [of the laws of 2005 amending the
S. 6607--A 101 A. 9707--A
labor law and other laws relating to implementing the state fiscal plan
for the 2005-2006 state fiscal year, as proposed in legislative bill
numbers S.3667 and A.6841, takes effect]; provided that section two of
this act shall take effect on the same date and in the same manner as
Part I of [a] THIS chapter [of the laws of 2005 amending the labor law
and other laws relating to implementing the state fiscal plan for the
2005-2006 state fiscal year, as proposed in legislative bill numbers
S.3667 and A.6841, takes effect]; and provided further that this act
shall expire and be deemed repealed on June 30, [2010] 2015.
S 2. This act shall take effect immediately.
PART O
Section 1. Section 17 of chapter 31 of the laws of 1985, amending the
education law relating to regents scholarships in certain professions,
as amended by section 1 of part I of chapter 57 of the laws of 2008, is
amended to read as follows:
S 17. This act shall take effect immediately; provided, however, that
the scholarship and loan forgiveness programs established pursuant to
the provisions of this act shall terminate upon the granting of such
awards for the 2008-2009 school year PROVIDED, HOWEVER, THAT THE REGENTS
PHYSICIAN LOAN FORGIVENESS PROGRAM ESTABLISHED PURSUANT TO THIS ACT
SHALL NOT TERMINATE UNTIL THE GRANTING OF SUCH AWARDS FOR THE 2010-11
SCHOOL YEAR, PROVIDED THAT THE FINAL DISBURSEMENT OF ANY MULTI-YEAR
AWARDS GRANTED IN SUCH SCHOOL YEAR SHALL BE PAID.
S 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on the same date and in the same
manner as part I of chapter 57 of the laws of 2008, takes effect.
PART P
Section 1. Section 605-a of the education law, as amended by section
83 of part C of chapter 58 of the laws of 1998, is amended to read as
follows:
S 605-a. Scholarships for academic excellence. 1. (a) Beginning with
the nineteen hundred ninety-seven--ninety-eight academic year [and ther-
eafter,] THROUGH AND INCLUDING THE TWO THOUSAND NINE--TWO THOUSAND TEN
ACADEMIC YEAR, scholarships for academic excellence shall be awarded to
students completing their high school programs for attendance in
approved programs. The academic merit criteria for awarding these schol-
arships will be determined by taking the weighted average of a student's
score on Regents examinations taken by students prior to their senior
year in all of the following five subject areas: comprehensive English;
global studies; U.S. history/government; level 3 math; and science,
which shall consist of the weighted average of the combination of exams
taken in chemistry, biology, earth science and physics. For those
schools not offering regents examinations in all such five subject
areas, awards shall be based on criteria developed by the commissioner
and subject to the approval of the director of the budget.
(b) School allocation. (i) Each high school in the state, as defined
in regulations of the commissioner adopted for such purpose and subject
to the approval of the director of the budget, shall be allocated: for
the nineteen hundred ninety-seven--ninety-eight academic year, a single
scholarship of one thousand dollars; and for the nineteen hundred nine-
ty-eight--ninety-nine academic year [and thereafter,] THROUGH AND
INCLUDING THE TWO THOUSAND NINE--TWO THOUSAND TEN ACADEMIC YEAR, a
S. 6607--A 102 A. 9707--A
single scholarship of one thousand five hundred dollars which shall be
awarded to the top scholar of such school as determined by the academic
merit criteria set forth in paragraph (a) of this subdivision.
(ii) The remaining scholarships for the nineteen hundred ninety-sev-
en--ninety-eight academic year of one thousand dollars, and for the
nineteen hundred ninety-eight--ninety-nine academic year [and thereaft-
er,] THROUGH AND INCLUDING THE TWO THOUSAND NINE--TWO THOUSAND TEN
ACADEMIC YEAR, of one thousand five hundred dollars shall be allocated
to high schools in the state as defined in regulations of the commis-
sioner for such purpose and subject to the approval of the director of
the budget, in the same ratio that the number of students enrolled in
the twelfth grade at such high school in the prior school year bears to
the total number of students who were enrolled in the twelfth grade in
the state during the prior school year. The ratio shall be multiplied
by the number of scholarships available and the results, rounded to the
nearest whole number, shall be the number of scholarships allocated to
the school. Such awards shall be distributed on the basis of the academ-
ic merit criteria as set forth in paragraph (a) of this subdivision.
(iii) All scholarships of five hundred dollars shall be allocated in
the same manner as described in subparagraph (ii) of this paragraph.
2. In the event that a scholarship awarded is declined by a student,
or for any reason revoked by the commissioner or the president, its
benefits shall lapse and there shall be no further payments or awarding
of such scholarship.
S 2. Subdivision 1 of section 670-b of the education law, as amended
by section 83 of part C of chapter 58 of the laws of 1998, is amended to
read as follows:
1. Number and certification. Five thousand scholarships shall be
awarded in the nineteen hundred ninety-seven--ninety-eight academic
year, and eight thousand scholarships shall be awarded in the nineteen
hundred ninety-eight--ninety-nine academic year [and thereafter] THROUGH
AND INCLUDING THE TWO THOUSAND NINE--TWO THOUSAND TEN ACADEMIC YEAR.
Such scholarships shall be allocated as provided in article thirteen of
this chapter to eligible students certified to the president by the
commissioner.
S 3. Subdivision 2 of section 669-d of the education law, as amended
by section 1 of part H1 of chapter 109 of the laws of 2006, is amended
to read as follows:
2. Within amounts appropriated therefor, awards shall be granted to
applicants that the corporation has certified are eligible to receive
such awards. Up to five hundred awards may be made to new recipients
annually, THROUGH AND INCLUDING THE TWO THOUSAND NINE--TWO THOUSAND TEN
ACADEMIC YEAR. Such awards shall be made to recipients after the
successful completion of each academic year, as defined by the corpo-
ration.
S 4. This act shall take effect July 1, 2010.
PART Q
Section 1. Subdivision 2 of section 6305 of the education law, as
amended by chapter 646 of the laws of 1975, is amended to read as
follows:
2. Any community college may, with the approval of the state universi-
ty trustees, charge non-resident students sufficient tuition and fees to
cover an allocable portion of the local sponsor's share of the operating
costs of such community college in addition to regular tuition and fees.
S. 6607--A 103 A. 9707--A
Such community college may elect to charge to and collect from each
county within the state which has issued a certificate or certificates
of residence pursuant to subdivision three of this section on the basis
of which such non-resident students are attending such community
college, an allocable portion of the local sponsor's share of the oper-
ating costs of such community college attributable to such non-resident
students, computed on a per student basis. PROVIDED, HOWEVER, THAT SUCH
NON-RESIDENT STUDENT IS ENROLLED IN A PROGRAM OF STUDY THAT WOULD RESULT
IN THE ATTAINMENT OF A DEGREE OTHER THAN A BACCALAUREATE OR GRADUATE
LEVEL DEGREE. THESE AMOUNTS, together with a further sum of not to
exceed three hundred dollars each year to be determined and approved by
the state university trustees for each such non-resident student on
account of the local sponsor's share of the capital costs incurred to
provide facilities in which such non-resident students can be accommo-
dated; or, where such non-resident students come from communities which
have elected to participate in and pay an appropriate share of the
expenses involved in the local sponsor's community college program, such
allocable portion of operating expenses and such further sum not to
exceed three hundred dollars per student for capital costs on account of
their residents attending such community college shall be determined and
approved by the state university trustees, and be charged to and
collected from such communities.
S 2. This act shall take effect immediately and shall apply to charges
imposed in the 2010-2011 academic year and thereafter.
PART R
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
section 1 of part II of chapter 57 of the laws of 2009, is amended to
read as follows:
S 9. 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 or the office of children and family services, 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 June
1, [2010] 2014.
S 2. Section 17-a of chapter 676 of the laws of 2002 amending the
education law relating to defining the practice of psychology, as
amended by section 2 of part II of chapter 57 of the laws of 2009, is
amended to read as follows:
S 17-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 or the office of children and family services, 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 153 or 163
of the education law, except as otherwise provided by such articles,
except that this section shall be deemed repealed on June 1, [2010]
2014.
S. 6607--A 104 A. 9707--A
S 3. This act shall take effect immediately and be deemed to have been
in full force and effect on and after April 1, 2010.
PART S
Section 1. Subdivision 3 of section 694-a of the education law, as
added by section 1 of part J of chapter 57 of the laws of 2009, is
amended to read as follows:
3. [Interest] TO THE EXTENT THAT INTEREST paid on education loans made
under this program shall be allowed as a deduction in computing the [net
taxable] FEDERAL ADJUSTED GROSS income of any such person, THAT
DEDUCTION SHALL NOT BE DISALLOWED for purposes of any income [or fran-
chise] tax imposed by the state or any political subdivision thereof.
S 2. Subdivision 3 of section 693 of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
3. Forbearance and deferments. Education loans made under this program
shall be eligible for in-school and military deferments [pursuant to
rules and regulations promulgated by the corporation, or pursuant to
such additional deferments and/or forbearance as offered by an eligible
lender], ECONOMIC HARDSHIP FORBEARANCE, AND, WITH RESPECT TO EDUCATION
LOANS THAT WERE MADE FOR A PERIOD OF ATTENDANCE BEGINNING WITH THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR, SUCH ADDITIONAL
DEFERMENTS AND/OR FORBEARANCE, in each case, TO THE EXTENT PROVIDED BY
RULES AND REGULATIONS PROMULGATED BY THE CORPORATION, subject to the
approval of the state of New York mortgage agency, or other authorized
public benefit corporation authorized to issue bonds under the public
authorities law for purposes of this program, with respect to loans that
are expected to be financed by such entity. Upon the assignment of a
defaulted education loan made under this program for collection as
described in subdivision five of this section, the borrower shall no
longer be eligible for any forbearance or deferments while such loan
remains in default.
S 3. Subdivision 14 of section 693 of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
14. Bankruptcy. Education loans under this program shall be considered
non-dischargeable pursuant to section 523(a)(8) of the U.S. Bankruptcy
Code. IN THE EVENT THAT AN EDUCATION LOAN THAT WAS MADE FOR A PERIOD OF
ATTENDANCE BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE
ACADEMIC YEAR IS NONETHELESS DISCHARGED BY ORDER OF A BANKRUPTCY COURT,
THE HOLDER OF SUCH DISCHARGED EDUCATION LOANS SHALL BE PAID THE
OUTSTANDING PRINCIPAL, CAPITALIZED AND UNPAID ACCRUED INTEREST DUE FROM
THE NEW YORK HIGHER EDUCATION LOAN PROGRAM VARIABLE RATE DEFAULT RESERVE
FUND, THE NEW YORK HIGHER EDUCATION LOAN PROGRAM FIXED RATE DEFAULT
RESERVE FUND, OR THE STATE OF NEW YORK MORTGAGE AGENCY NEW YORK HIGHER
EDUCATION LOAN PROGRAM DEFAULT RESERVE FUND, AS APPLICABLE.
S 4. Paragraph (e) of subdivision 6 of section 2405-a of the public
authorities law, as added by section 9 of part J of chapter 57 of the
laws of 2009, is amended to read as follows:
(e) This fund, including all sub-accounts thereof, shall be segregated
from all other funds kept by the agency and shall not be used for any
other purpose beyond those set forth in part V of article fourteen of
the education law or in this section. The agency shall utilize monies in
the fund solely to pay the outstanding principal, capitalized and unpaid
accrued interest: (I) on defaulted education loans described in para-
S. 6607--A 105 A. 9707--A
graph [a] (A) of this subdivision; (II) ON SUCH EDUCATION LOANS THAT ARE
DISCHARGED AS A RESULT OF THE DEATH OR PERMANENT TOTAL DISABILITY OF THE
STUDENT WHILE A STUDENT; AND (III) ON SUCH EDUCATION LOANS THAT WERE
MADE FOR A PERIOD OF ATTENDANCE BEGINNING WITH THE TWO THOUSAND ELEVEN-
-TWO THOUSAND TWELVE ACADEMIC YEAR AND THAT ARE DISCHARGED AS A RESULT
OF A BORROWER DYING WHILE ON ACTIVE MILITARY DUTY AS PROVIDED PURSUANT
TO SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED NINETY-THREE OF THE
EDUCATION LAW OR ARE DISCHARGED AS DESCRIBED IN SUBDIVISION FOURTEEN OF
SECTION SIX HUNDRED NINETY-THREE OF THE EDUCATION LAW.
S 5. Section 6501-a of the education law, as added by chapter 78 of
the laws of 1991, is amended to read as follows:
S 6501-a. Disclosure with respect to loans ADMINISTERED, made or guar-
anteed by the New York state higher education services corporation.
Every application for a license issued pursuant to the provisions of
this article shall contain a question IDENTIFYING THE PROGRAMS UNDER
WHICH LOANS ARE ADMINISTERED, MADE OR GUARANTEED BY THE NEW YORK STATE
HIGHER EDUCATION SERVICES CORPORATION AND inquiring whether the appli-
cant [has] IS THE BORROWER OR COSIGNER UNDER any [loans made or guaran-
teed by the New York state higher education services corporation] LOANS
currently outstanding[,] UNDER ANY SUCH PROGRAM, and if so, whether such
applicant is presently in default on any such loan. The name and address
of any applicant who answers either or both of such questions in the
affirmative shall be transmitted to such corporation by the department
prior to the date on which such license is issued.
S 6. Paragraph (c) of subdivision 1 of section 692 of the education
law, as added by section 1 of part J of chapter 57 of the laws of 2009,
is amended to read as follows:
(c) borrowers AND COSIGNERS shall successfully complete a financial
literacy course as prescribed by the corporation;
S 7. Subdivision 3 of section 690 of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
3. "Eligible college" shall mean a post-secondary institution, located
within New York state, eligible for funds under Title IV of the Higher
Education Act of nineteen hundred sixty-five, as amended, or successor
statute offering [a two-year, four-year, graduate or] AN ACADEMIC
DEGREE, A professional degree [granting], or A PROFESSIONAL certificate
program, AS DEFINED BY REGULATION.
S 8. Paragraph (a) of subdivision 7 of section 692 of the education
law, as added by section 1 of part J of chapter 57 of the laws of 2009,
is amended to read as follows:
(a) General provisions. One or more default reserve funds shall be
established in the custody of the comptroller pursuant to sections
seventy-eight-a and seventy-eight-b of the state finance law. THESE
FUNDS SHALL BE USED BY THE CORPORATION TO PAY DEFAULT AND DISCHARGE
CLAIMS TO PARTICIPATING LENDERS AND HOLDERS OF EDUCATION LOANS MADE
PURSUANT TO THIS PROGRAM FOR WHICH THESE FUNDS ARE ESTABLISHED. One or
more default reserve funds shall be established in the custody of the
state of New York mortgage agency pursuant to subdivision six of section
two thousand four hundred five-a of the public authorities law. These
funds shall be used by the [corporation] STATE OF NEW YORK MORTGAGE
AGENCY to pay default AND APPLICABLE DISCHARGE claims to participating
lenders and holders of education loans made pursuant to this program FOR
WHICH THESE FUNDS ARE ESTABLISHED.
S. 6607--A 106 A. 9707--A
S 9. Subparagraph (i) of paragraph (a) of subdivision 7 of section 693
of the education law, as added by section 1 of part J of chapter 57 of
the laws of 2009, is amended to read as follows:
(i) The amount deducted for any pay period does not exceed THE LESSER
OF fifteen percent of disposable pay OR, WITH RESPECT TO DEDUCTIONS THAT
RELATE ONLY TO EDUCATION LOANS THAT WERE MADE FOR A PERIOD OF ATTENDANCE
BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC
YEAR, THE AMOUNT BY WHICH THE INDIVIDUAL'S DISPOSABLE PAY EXCEEDS AN
AMOUNT EQUAL TO THIRTY TIMES THE MINIMUM WAGE AS SPECIFIED IN SUBSECTION
(A)(2) OF SECTION SIXTEEN HUNDRED SEVENTY-THREE OF TITLE FIFTEEN OF THE
UNITED STATES CODE OR THE AMOUNT PERMITTED UNDER THIS PROGRAM. However,
the amount deducted for any period may exceed fifteen percent with the
written consent of the individual;
S 10. Subdivision 13 of section 693 of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
13. Death and disability discharge. Upon the death of a student, for
the funding of whose higher education expenses an education loan was
made, WHILE THE STUDENT WAS ENROLLED OR ACCEPTED FOR ENROLLMENT AT LEAST
HALF-TIME, the education loan made under this program shall be deemed
discharged. If such a student becomes totally and permanently disabled,
WHILE THE STUDENT WAS ENROLLED OR ACCEPTED FOR ENROLLMENT AT LEAST
HALF-TIME, the education loan under this program shall be deemed
discharged. A total or permanent disability shall mean a condition of an
individual who is unable to work and earn money because of an injury or
illness that is expected to continue indefinitely or result in death.
The holder of such discharged education loans shall be paid the
outstanding principal, capitalized and unpaid accrued interest due from
the New York higher education loan program variable rate default reserve
fund, the New York higher education loan program fixed rate default
reserve fund, or the state of New York mortgage agency New York higher
education loan program default reserve fund, as applicable. IN ADDI-
TION, AN EDUCATION LOAN MAY BE DEEMED DISCHARGED, OR MAY BE ELIGIBLE FOR
A DEFERMENT, IF A BORROWER DIES WHILE ON ACTIVE MILITARY DUTY PURSUANT
TO, AND TO THE EXTENT PROVIDED BY, RULES AND REGULATIONS PROMULGATED BY
THE CORPORATION AND SUBJECT TO THE APPROVAL OF THE STATE OF NEW YORK
MORTGAGE AGENCY, OR OTHER AUTHORIZED PUBLIC BENEFIT CORPORATION AUTHOR-
IZED TO ISSUE BONDS UNDER THE PUBLIC AUTHORITIES LAW FOR PURPOSES OF
THIS PROGRAM, WITH RESPECT TO LOANS THAT ARE EXPECTED TO BE FINANCED BY
SUCH ENTITY. THE HOLDER OF SUCH DISCHARGED EDUCATION LOAN SHALL BE PAID
THE OUTSTANDING PRINCIPAL, CAPITALIZED AND UNPAID ACCRUED INTEREST DUE
FROM THE NEW YORK HIGHER EDUCATION LOAN PROGRAM VARIABLE RATE DEFAULT
RESERVE FUND, THE NEW YORK HIGHER EDUCATION LOAN PROGRAM FIXED RATE
DEFAULT RESERVE FUND, OR, WITH RESPECT TO EDUCATION LOANS MADE FOR A
PERIOD OF ATTENDANCE BEGINNING WITH THE TWO THOUSAND ELEVEN--TWO THOU-
SAND TWELVE ACADEMIC YEAR, THE STATE OF NEW YORK MORTGAGE AGENCY NEW
YORK HIGHER EDUCATION LOAN PROGRAM DEFAULT RESERVE FUND, AS APPLICABLE.
S 11. Subdivision 1 of section 694-a of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
1. No education loan shall be deemed subject to section one hundred
eight of the banking law, to article nine of the banking law, TO THE
PROVISIONS OF ANY LOCAL OR MUNICIPAL LAW, or to any other provisions of
law governing the qualifications to make loans or the terms or condi-
tions of loans described in this part, including, without limitation,
the interest rates, fees and charges applicable thereto. Neither the
S. 6607--A 107 A. 9707--A
corporation nor any entity authorized to finance education loans pursu-
ant to the public authorities law shall be subject to any STATE, LOCAL
OR MUNICIPAL licensing requirements [in connection with its education
lending activities], OR ANY OTHER LOCAL OR MUNICIPAL LAW REGULATING
LENDING, SERVICING, OR COLLECTION ACTIVITIES. No entity shall be
considered a lender OR DEBT COLLECTOR for purposes of any other
provision of law solely as a result of its interest in an education loan
made under this part.
S 12. Paragraph (a) of subdivision 1 of section 692 of the education
law, as added by section 1 of part J of chapter 57 of the laws of 2009,
is amended to read as follows:
(a) eligible borrowers shall apply for education loans under this
program on forms AND IN A MANNER prescribed by the corporation AND THE
CORPORATION SHALL BE ENTITLED TO REQUIRE BORROWERS AND COSIGNERS TO USE
ELECTRONIC SIGNATURES AND RECEIVE NOTICES ELECTRONICALLY NOTWITHSTANDING
THE PROVISIONS OF ARTICLE THREE OF THE STATE TECHNOLOGY LAW. SUCH ELEC-
TRONIC SIGNATURES SHALL CONCLUSIVELY EVIDENCE THE OBLIGATION OF THE
BORROWERS AND COSIGNERS WITH RESPECT TO THE LOAN. SUCH ELECTRONIC
NOTICES SHALL MEET ALL DELIVERY REQUIREMENTS OF SUCH NOTICES;
S 13. Paragraph (e) of subdivision 1 of section 692 of the education
law, as added by section 1 of part J of chapter 57 of the laws of 2009,
is amended to read as follows:
(e) a borrower, or co-signer, who is, OR IS APPLYING FOR AN EDUCATION
LOAN TO PAY FOR THE HIGHER EDUCATION EXPENSES OF A STUDENT WHO IS, in
default on an education loan made under this program, the Federal Family
Education Loan Program, the Williams D. Ford Program, OR WHO IS APPLYING
FOR AN EDUCATION LOAN TO PAY THE HIGHER EDUCATION EXPENSES OF A STUDENT
WHO IS SO IN DEFAULT, or WHO has failed, OR WHO IS APPLYING FOR AN
EDUCATION LOAN TO PAY THE HIGHER EDUCATION EXPENSES OF A STUDENT WHO HAS
FAILED, to comply with the terms and conditions of any award under this
article [and has failed to satisfactorily cure such default or non-com-
pliance as prescribed by applicable law or regulation] shall be ineligi-
ble to receive a loan under this program UNLESS SUCH DEFAULT OR NONCOM-
PLIANCE HAS BEEN SATISFACTORILY CURED AS PRESCRIBED BY APPLICABLE LAW OR
REGULATION, and SUCH BORROWER AND COSIGNER shall further be ineligible
for any other state student aid UNDER THIS ARTICLE while SUCH BORROWER
OR COSIGNER, OR THE STUDENT FOR WHOM THE EDUCATION LOAN WAS MADE, IS in
default on an education loan made under this program; and
S 14. Subdivision 9 of section 693 of the education law, as added by
section 1 of part J of chapter 57 of the laws of 2009, is amended to
read as follows:
9. Data share. The corporation shall be entitled to receive data from
the New York state department of taxation and finance pursuant to
section one hundred seventy-one-a and paragraph three of subdivision (e)
of section six hundred ninety-seven of the tax law with respect to
DELINQUENT AND defaulted education loans under this program.
S 15. This act shall take effect immediately.
PART T
Section 1. Subparagraph (i) of paragraph (a) of subdivision 2 of
section 679-e of the education law, as amended by section 1 of part VV
of chapter 56 of the laws of 2009, is amended to read as follows:
(i) "Eligible attorney" means an attorney, WHO IS A RESIDENT OF AND IS
admitted to practice law in New York state, who is employed full-time as
either a district attorney, as defined in subparagraph (ii) of this
S. 6607--A 108 A. 9707--A
paragraph, or an indigent legal services attorney, as defined in subpar-
agraph (iii) of this paragraph, who is admitted to practice law in this
state for not more than eleven years and who was within the eligible
period as defined in paragraph b of this subdivision during the time for
which such person is seeking a student loan expense grant. NOTWITH-
STANDING THE FOREGOING, AN ELIGIBLE ATTORNEY SHALL INCLUDE THOSE
DISTRICT ATTORNEY APPLICANTS WHO WERE AWARDED PROGRAM ELIGIBILITY AND
WHO PROVIDED QUALIFIED SERVICE BETWEEN APRIL FIRST, TWO THOUSAND EIGHT
AND MARCH THIRTY-FIRST, TWO THOUSAND NINE; SUCH AN ELIGIBLE ATTORNEY
SHALL REMAIN ELIGIBLE TO PARTICIPATE IN THE PROGRAM PROVIDED THEY ARE
WITHIN AN ELIGIBLE PERIOD MEASURED FROM SIX YEARS FROM THE DATE WHICH
SUCH ATTORNEY WAS FIRST EMPLOYED AS A DISTRICT ATTORNEY.
S 2. This act shall take effect immediately.
PART U
Section 1. Subdivision 7 of section 390 of the education law, as added
by chapter 337 of the laws of 1964, is amended to read as follows:
7. The term "insurer" shall mean a life insurance corporation, or
other corporation subject to insurance department supervision OR A REGU-
LATED INVESTMENT COMPANY REGISTERED WITH THE SECURITIES AND EXCHANGE
COMMISSION UNDER THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR A
DISTRIBUTOR OF SUCH REGULATED INVESTMENT COMPANIES.
S 2. Subdivision 1 of section 391 of the education law, as amended by
chapter 696 of the laws of 1965, is amended to read as follows:
1. There is hereby established an optional retirement program which
shall provide for the [purchase of contracts providing] retirement and
death benefits THROUGH THE PURCHASE OF CONTRACTS, MUTUAL FUNDS, OR OTHER
INVESTMENTS PERMISSIBLE UNDER SECTION 401(A) OF THE INTERNAL REVENUE
CODE for or on behalf of electing employees. Under such program the
state or an electing employer and such employees shall contribute, to
the extent authorized or required, towards the purchase of such
contracts OR OTHER PERMISSIBLE INVESTMENTS, which shall be issued to,
and become the property of, such employees OR BE HELD IN A TRUST FOR THE
BENEFIT OF SUCH EMPLOYEES, AS REQUIRED BY SECTION 401(A) OF THE INTERNAL
REVENUE CODE. The board of trustees of a community college may elect to
offer the optional retirement program to eligible employees of such
college by resolution, which shall become effective upon approval of the
local sponsor acting through its local legislative body or board or
other appropriate governing agency.
S 3. Subdivision 2 of section 391 of the education law, as amended by
chapter 696 of the laws of 1965, is amended to read as follows:
2. The board shall designate the insurer or insurers to which payment
of such contributions may be made and shall approve the form and content
of such contracts. In making such designation and giving such approval
the board shall give due consideration to (i) the nature and extent of
the rights and benefits to be provided by such contracts for electing
employees and their beneficiaries, (ii) the relation of such rights and
benefits to the amount of contributions to be made under this article,
(iii) the suitability of such rights and benefits to the needs and
interests of electing employees and to the interests of state university
and of electing employers in the employment and retention of eligible
employees, and (iv) the authority and ability of the designated insurer
or insurers to provide rights and benefits under such contracts. IN
ACCORDANCE WITH SECTION 401(A) OF THE INTERNAL REVENUE CODE, THE BOARD
SHALL ESTABLISH A TRUST TO HOLD MUTUAL FUNDS AND OTHER PROGRAM ASSETS
S. 6607--A 109 A. 9707--A
AND INVESTMENTS OTHER THAN CONTRACTS FOR THE BENEFIT OF PLAN PARTIC-
IPANTS, AND SHALL DETERMINE WHICH INVESTMENTS TO MAKE AVAILABLE TO
PROGRAM PARTICIPANTS (INCLUDING BUT NOT LIMITED TO SHARES OF REGISTERED
INVESTMENT FUNDS ("MUTUAL FUNDS")) THROUGH INDIVIDUAL ACCOUNTS UNDER THE
TRUST.
S 4. Subdivision 3 of section 392 of the education law, as amended by
chapter 696 of the laws of 1965, is amended to read as follows:
3. Payment of contributions pursuant to subdivisions one and two of
this section shall be made to the designated insurer or insurers OR TO
THE TRUST upon audit and warrant of the comptroller for employees of the
state university and by the appropriate fiscal officer for employees of
an electing employer.
S 5. Subdivision 4 of section 392 of the education law, as amended by
chapter 696 of the laws of 1965, is amended to read as follows:
4. In the case of an electing employee initially appointed on or after
July first, nineteen hundred sixty-four, no contributions pursuant to
subdivisions one and two of this section shall be made by the state or
by the electing employer until his completion of one year of service and
continuance in service thereafter. Employee contributions, if any,
required during this initial year of service shall be deducted and held
by the comptroller or by the appropriate fiscal officer of an electing
employer. At the end of his initial year of service, a single contrib-
ution in an amount determined pursuant to subdivisions one and two of
this section, with interest at the rate of four percentum per annum,
shall be made by the state, upon audit and warrant of the comptroller,
and by the appropriate fiscal officer for an electing employer, to the
designated insurer or insurers OR TO THE TRUST, on behalf of such
employee continued in service. In the case of an electing employee who
does not continue in service with state university or with a community
college beyond his initial year of service, the amount of employee
contribution, if any, deducted from his salary shall be refunded to him,
with interest at the rate of four percentum per annum.
S 6. Section 394 of the education law, as amended by chapter 106 of
the laws of 1965, is amended to read as follows:
S 394. Survivor's benefits. In the case of the death of any electing
employee, after the effective date of this election and before retire-
ment, the value of [the] ANY death benefits provided by the contract or
contracts purchased under the optional retirement program which is
attributable to the state's contribution as determined by the board AND
ANY VESTED BALANCE IN THE EMPLOYEE'S ACCOUNT IN THE TRUST, shall be
deemed to be an ordinary death benefit provided under a public pension
plan within the meaning of FORMER section one hundred fifty-four of the
civil service law. Notwithstanding the provisions of such section of
the civil service law, a survivors benefit payable thereunder on account
of the death of any electing employee while in the employ of state
university, after the effective date of such election and before retire-
ment, including an employee subject to the provisions of subdivision
three of section three hundred ninety-three of this article, shall be
paid to such person or persons as such employee shall have nominated to
receive the death benefits provided by the contract or contracts
purchased under the optional retirement program OR DESIGNATED AS THE
EMPLOYEE'S BENEFICIARY OR BENEFICIARIES WITH RESPECT TO THE EMPLOYEE'S
ACCOUNT IN THE TRUST. In the event such designated beneficiary or bene-
ficiaries do not survive the employee, or if a beneficiary was not so
designated, the survivors benefit shall be paid to the deceased employ-
S. 6607--A 110 A. 9707--A
ee's estate or as provided in FORMER section one hundred three-a of the
decedent estate law.
S 7. Section 396 of the education law, as amended by chapter 696 of
the laws of 1965, is amended to read as follows:
S 396. Employer not liable for payment of benefits. Neither the
state, nor state university, nor any electing employer or its local
sponsor shall be a party to any contract purchased in whole or in part
with contributions made under the optional retirement program estab-
lished and administered pursuant to this article. ALL BENEFITS TO BE
PAID FROM THE TRUST SHALL BE BASED SOLELY ON THE VESTED ACCOUNT BALANCE
OF SUCH EMPLOYEE. No retirement, death, or other benefits shall be paya-
ble by the state, or by state university, or by any electing employer or
its local sponsor under such optional retirement program. Such benefits
shall be paid to electing employees or their beneficiaries by the desig-
nated insurer or insurers OR FROM THE TRUST in accordance with the terms
of their contracts OR THE PROGRAM.
S 8. This act shall take effect immediately.
PART V
Section 1. Subdivision 4-a of section 425 of the real property tax law
is amended by adding a new paragraph (d) to read as follows:
(D) VALUE LIMITATION. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, NO EXEMPTION SHALL BE GRANTED PURSUANT TO THIS SECTION TO A
PROPERTY WHICH HAS AN EQUALIZED VALUE THAT IS GREATER THAN OR EQUAL TO
ONE MILLION FIVE HUNDRED THOUSAND DOLLARS. THIS LIMITATION SHALL NOT
APPLY TO A PROPERTY WHICH IS PARTIALLY ELIGIBLE FOR THE EXEMPTION BY
VIRTUE OF PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION, UNLESS THE
ELIGIBLE PORTION OF THE PROPERTY HAS AN EQUALIZED VALUE THAT IS GREATER
THAN OR EQUAL TO ONE MILLION FIVE HUNDRED THOUSAND DOLLARS. NOR SHALL
THIS LIMITATION APPLY TO A COOPERATIVE APARTMENT UNIT OR A MOBILE HOME
WHOSE VALUE HAS BEEN INCLUDED IN THE ASSESSMENT OF PROPERTY OWNED BY
ANOTHER PARTY, UNLESS THE EQUALIZED VALUE OF THE COOPERATIVE APARTMENT
UNIT OR MOBILE HOME IS GREATER THAN OR EQUAL TO ONE MILLION FIVE HUNDRED
THOUSAND DOLLARS. FOR PURPOSES OF THIS PARAGRAPH, THE EQUALIZED VALUE OF
A PROPERTY SHALL EQUAL (I) THE TOTAL ASSESSED VALUE OF THE PROPERTY
APPEARING ON THE ASSESSMENT ROLL (OR THE ELIGIBLE PORTION THEREOF, IF
APPLICABLE), DIVIDED BY (II) THE RESIDENTIAL ASSESSMENT RATIO ESTAB-
LISHED FOR THAT ROLL, EXCEPT THAT IN A SPECIAL ASSESSING UNIT, THE
EQUALIZED VALUE OF THE PROPERTY SHALL EQUAL (III) THE ASSESSED VALUATION
OF THE PROPERTY (OR THE ELIGIBLE PORTION THEREOF IF APPLICABLE) DETER-
MINED WITHOUT REGARD TO THE RESTRICTIONS IMPOSED BY SECTION EIGHTEEN
HUNDRED FIVE OF THIS CHAPTER, DIVIDED BY (IV) THE APPLICABLE CLASS RATIO
AS DETERMINED PURSUANT TO ARTICLE TWELVE OF THIS CHAPTER. WHERE A STAR
EXEMPTION HAS BEEN IMPROPERLY GRANTED ON A FINAL ASSESSMENT ROLL TO A
PROPERTY WITH AN EQUALIZED VALUE THAT EXCEEDS THE LIMITATIONS ESTAB-
LISHED BY THIS PARAGRAPH, THE IMPROPERLY GRANTED EXEMPTION SHALL BE
DEEMED AN "UNLAWFUL ENTRY" FOR PURPOSES OF TITLE THREE OF ARTICLE FIVE
OF THIS CHAPTER, AND SHALL BE CORRECTED ACCORDINGLY.
S 2. This act shall take effect April 1, 2010 and shall apply to the
administration of the STAR exemption authorized by section 425 of the
real property tax law beginning with the 2010-2011 school year.
PART W
S. 6607--A 111 A. 9707--A
Section 1. Subparagraph (ii) of paragraph (e) of subdivision 2 of
section 425 of the real property tax law, as amended by section 1 of
part W of chapter 57 of the laws of 2008, is amended to read as follows:
(ii) For the two thousand nine--two thousand ten [and subsequent]
school [years] YEAR, the result obtained in paragraph (d) of this subdi-
vision may not be less than eighty-nine percent of the exempt amount
determined for the prior levy, unless the level of assessment in the
assessing unit, or in class one in a special assessing unit, has changed
by five percent or more, in which case the result obtained in paragraph
(d) of this subdivision for the assessing unit, or for class one in a
special assessing unit, may not be less than eighty-nine percent of the
product of the exempt amount determined for the prior levy multiplied by
the applicable change in level of assessment factor.
S 2. Paragraph (e) of subdivision 2 of section 425 of the real proper-
ty tax law is amended by adding a new subparagraph (iii) to read as
follows:
(III) FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN AND SUBSEQUENT
SCHOOL YEARS, THE RESULT OBTAINED IN PARAGRAPH (D) OF THIS SUBDIVISION
MAY NOT BE LESS THAN EIGHTY-TWO PERCENT OF THE EXEMPT AMOUNT DETERMINED
FOR THE PRIOR LEVY, UNLESS THE LEVEL OF ASSESSMENT IN THE ASSESSING
UNIT, OR IN CLASS ONE IN A SPECIAL ASSESSING UNIT, HAS CHANGED BY FIVE
PERCENT OR MORE, IN WHICH CASE THE RESULT OBTAINED IN PARAGRAPH (D) OF
THIS SUBDIVISION FOR THE ASSESSING UNIT, OR FOR CLASS ONE IN A SPECIAL
ASSESSING UNIT, MAY NOT BE LESS THAN EIGHTY-TWO PERCENT OF THE PRODUCT
OF THE EXEMPT AMOUNT DETERMINED FOR THE PRIOR LEVY MULTIPLIED BY THE
APPLICABLE CHANGE IN LEVEL OF ASSESSMENT FACTOR.
S 3. This act shall take effect immediately and shall apply to the
administration of the STAR exemption for the 2010-2011 and subsequent
school years.
PART X
Section 1. Subdivision 1 of section 54-f of the state finance law, as
added by section 139 of part A of chapter 389 of the laws of 1997, is
amended to read as follows:
1. Except as otherwise provided by law, the provisions of this section
shall be utilized by the state to calculate the annual amount due to be
paid to the city of New York by the state to reimburse such city for tax
receipts foregone (A) as a result of a chapter of the laws of nineteen
hundred ninety-seven that reduced the rates of tax imposed pursuant to
authority granted under section thirteen hundred one of the tax law and
that created a new "state school tax reduction credit" against liabil-
ities imposed pursuant to the authority granted the city by such section
and other statutes authorizing the imposition of a personal income tax
on the residents of such city, AND (B) AS A RESULT OF THE TAX RATE
ADJUSTMENTS MADE BY A CHAPTER OF THE LAWS OF TWO THOUSAND TEN WHICH
AMENDED THIS SUBDIVISION.
S 2. Paragraphs 1, 2 and 3 of subsection (a) of section 1304 of the
tax law, as amended by section 134 of part A of chapter 389 of the laws
of 1997, subparagraph (A) of paragraph 1, subparagraph (A) of paragraph
2 and subparagraph (A) of paragraph 3 as amended by chapter 525 of the
laws of 2008, are amended to read as follows:
(1) Resident married individuals filing joint returns and resident
surviving spouses. The tax under this section for each taxable year on
the city taxable income of every city resident married individual who
makes a single return jointly with his or her spouse under subsection
S. 6607--A 112 A. 9707--A
(b) of section thirteen hundred six of this article and on the city
taxable income of every city resident surviving spouse shall be deter-
mined in accordance with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $21,600 2.55% OF THE CITY TAXABLE INCOME
OVER $21,600 BUT NOT $551 PLUS 3.1% OF EXCESS
OVER $45,000 OVER $21,600
OVER $45,000 BUT NOT $1,276 PLUS 3.15% OF EXCESS
OVER $90,000 OVER $45,000
OVER $90,000 BUT NOT $2,694 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $90,000
OVER $250,000 $7,814 PLUS 3.4% OF EXCESS
OVER $250,000
(B) For taxable years beginning in two thousand one and two thousand
two and for taxable years beginning after two thousand five and before
two thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $21,600 2.55% of the city taxable income
Over $21,600 but not $551 plus 3.1% of excess
over $45,000 over $21,600
Over $45,000 but not $1,276 plus 3.15% of excess
over $90,000 over $45,000
Over $90,000 $2,694 plus 3.2% of excess
over $90,000
[(B) For taxable years beginning in two thousand:
If the city taxable income is: The tax is:
Not over $21,600 2.65% of the city taxable income
Over $21,600 but not $572 plus 3.215% of excess
over $45,000 over $21,600
Over $45,000 but not $1,325 plus 3.265% of excess
over $90,000 over $45,000
Over $90,000 $2,794 plus 3.315% of excess
over $90,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $21,600 2.675% of the city taxable income
Over $21,600 but not $578 plus 3.2575% of excess
over $45,000 over $21,600
Over $45,000 but not $1,340 plus 3.3075% of excess
over $90,000 over $45,000
Over $90,000 $2,828 plus 3.3575% of excess
over $90,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
S. 6607--A 113 A. 9707--A
Not over $21,600 2.7% of the city taxable income
Over $21,600 but not $583 plus 3.3% of excess
over $45,000 over $21,600
Over $45,000 but not $1,355 plus 3.35% of excess
over $90,000 over $45,000
Over $90,000 $2,863 plus 3.4% of excess
over $90,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $14,400 2.6% of the city taxable income
Over $14,400 but not $374 plus 3% of excess
over $27,000 over $14,400
Over $27,000 but not $752 plus 3.3% of excess
over $45,000 over $27,000
Over $45,000 but not $1,346 plus 3.35% of excess
over $108,000 over $45,000
Over $108,000 $3,457 plus 3.4% of excess
over $108,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $14,400 2.25% of the city taxable income
Over $14,400 but not $324 plus 2.85% of excess
over $27,000 over $14,400
Over $27,000 but not $683 plus 3.3% of excess
over $45,000 over $27,000
Over $45,000 but not $1,278 plus 3.35% of excess
over $108,000 over $45,000
Over $108,000 $3,388 plus 3.4% of excess
over $108,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $14,400 2.2% of the city taxable income
Over $14,400 but not $317 plus 2.7% of excess
over $27,000 over $14,400
Over $27,000 but not $657 plus 3.2% of excess
over $45,000 over $27,000
Over $45,000 but not $1,233 plus 3.35% of excess
over $108,000 over $45,000
Over $108,000 $3,344 plus 3.4% of excess
over $108,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $4,500 1.5% of the city taxable income
Over $4,500 but not $68 plus 2.2% of excess
over $16,200 over $4,500
Over $16,200 but not $325 plus 2.7% of excess
over $27,000 over $16,200
Over $27,000 but not $617 plus 3.2% of excess
S. 6607--A 114 A. 9707--A
over $45,000 over $27,000
Over $45,000 but not $1,193 plus 3.4% of excess
over $108,000 over $45,000
Over $108,000 $3,335 plus 3.5% of excess
over $108,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $4,125 1.5% of the city taxable income
Over $4,125 but not $62 plus 1.8% of excess
over $8,250 over $4,125
Over $8,250 but not $136 plus 2.2% of excess
over $14,850 over $8,250
Over $14,850 but not $281 plus 2.6% of excess
over $21,450 over $14,850
Over $21,450 but not $453 plus 3% of excess
over $28,050 over $21,450
Over $28,050 but not $651 plus 3.4% of excess
over $34,650 over $28,050
Over $34,650 but not $875 plus 3.7% of excess
over $41,250 over $34,650
Over $41,250 but not $1,119 plus 3.9% of excess
over $99,000 over $41,250
Over $99,000 $3,371 plus 4.1% of excess
over $99,000]
(2) Resident heads of households. The tax under this section for each
taxable year on the city taxable income of every city resident head of a
household shall be determined in accordance with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $14,400 2.55% OF THE CITY TAXABLE INCOME
OVER $14,400 BUT NOT $367 PLUS 3.1% OF EXCESS
OVER $30,000 OVER $14,400
OVER $30,000 BUT NOT $851 PLUS 3.15% OF EXCESS
OVER $60,000 OVER $30,000
OVER $60,000 BUT NOT $1,796 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $60,000
OVER $250,000 $7,876 PLUS 3.4% OF EXCESS
OVER $250,000
(B) For taxable years beginning in two thousand one and two thousand
two and for taxable years beginning after two thousand five and before
two thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $14,400 2.55% of the city taxable income
Over $14,400 but not $367 plus 3.1% of excess
over $30,000 over $14,400
Over $30,000 but not $851 plus 3.15% of excess
over $60,000 over $30,000
Over $60,000 $1,796 plus 3.2% of excess
over $60,000
[(B) For taxable years beginning in two thousand:
S. 6607--A 115 A. 9707--A
If the city taxable income is: The tax is:
Not over $14,400 2.65% of the city taxable income
Over $14,400 but not $382 plus 3.215% of excess
over $30,000 over $14,400
Over $30,000 but not $883 plus 3.265% of excess
over $60,000 over $30,000
Over $60,000 but not $1,863 plus 3.315% of excess
over $60,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $14,400 2.675% of the city taxable income
Over $14,400 but not $385 plus 3.2575% of excess
over $30,000 over $14,400
Over $30,000 but not $893 plus 3.3075% of excess
over $60,000 over $30,000
Over $60,000 $1,886 plus 3.3575% of excess
over $60,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $14,400 2.7% of the city taxable income
Over $14,400 but not $389 plus 3.3% of excess
over $30,000 over $14,400
Over $30,000 but not $904 plus 3.35% of excess
over $60,000 over $30,000
Over $60,000 $1,909 plus 3.4% of excess
over $60,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $9,600 2.6% of the city taxable income
Over $9,600 but not $250 plus 3% of excess
over $18,000 over $9,600
Over $18,000 but not $502 plus 3.3% of excess
over $30,000 over $18,000
Over $30,000 but not $898 plus 3.35% of excess
over $72,000 over $30,000
Over $72,000 $2,305 plus 3.4% of excess
over $72,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $9,200 2.25% of the city taxable income
Over $9,200 but not $207 plus 2.85% of excess
over $17,250 over $9,200
Over $17,250 but not $436 plus 3.3% of excess
over $28,750 over $17,250
Over $28,750 but not $816 plus 3.35% of excess
over $69,000 over $28,750
Over $69,000 $2,164 plus 3.4% of excess
S. 6607--A 116 A. 9707--A
over $69,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,800 2.2% of the city taxable income
Over $8,800 but not $194 plus 2.7% of excess
over $16,500 over $8,800
Over $16,500 but not $402 plus 3.2% of excess
over $27,500 over $16,500
Over $27,500 but not $754 plus 3.35% of excess
over $66,000 over $27,500
Over $66,000 $2,044 plus 3.4% of excess
over $66,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $2,750 1.5% of the city taxable income
Over $2,750 but not $41 plus 2.2% of excess
over $9,900 over $2,750
Over $9,900 but not $198 plus 2.7% of excess
over $16,500 over $9,900
Over $16,500 but not $376 plus 3.2% of excess
over $27,500 over $16,500
Over $27,500 but not $728 plus 3.4% of excess
over $66,000 over $27,500
Over $66,000 $2,037 plus 3.5% of excess
over $66,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $2,750 1.5% of the city taxable income
Over $2,750 but not $41 plus 1.8% of excess
over $5,500 over $2,750
Over $5,500 but not $91 plus 2.2% of excess
over $9,900 over $5,500
Over $9,900 but not $188 plus 2.6% of excess
over $14,300 over $9,900
Over $14,300 but not $302 plus 3% of excess
over $18,700 over $14,300
Over $18,700 but not $434 plus 3.4% of excess
over $23,100 over $18,700
Over $23,100 but not $584 plus 3.7% of excess
over $27,500 over $23,100
Over $27,500 but not $747 plus 3.9% of excess
over $66,000 over $27,500
Over $66,000 $2,249 plus 4.1% of excess
over $66,000]
(3) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. The tax under
this section for each taxable year on the city taxable income of every
city resident individual who is not a city resident married individual
S. 6607--A 117 A. 9707--A
who makes a single return jointly with his or her spouse under
subsection (b) of section thirteen hundred six OF THIS ARTICLE or a city
resident head of household or a city resident surviving spouse, and on
the city taxable income of every city resident estate and trust shall be
determined in accordance with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 2.55% OF THE CITY TAXABLE INCOME
OVER $12,000 BUT NOT $306 PLUS 3.1% OF EXCESS
OVER $25,000 OVER $12,000
OVER $25,000 BUT NOT $709 PLUS 3.15% OF EXCESS
OVER $50,000 OVER $25,000
OVER $50,000 BUT NOT $1,497 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $50,000
OVER $250,000 $7,897 PLUS 3.4%
OF EXCESS OVER $250,000
(B) For taxable years beginning in two thousand one and two thousand two
and for taxable years beginning after two thousand five and before two
thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $12,000 2.55% of the city taxable income
Over $12,000 but not $306 plus 3.1% of excess
over $25,000 over $12,000
Over $25,000 but not $709 plus 3.15% of excess
over $50,000 over $25,000
Over $50,000 $1,497 plus 3.2% of excess
over $50,000
[(B) For taxable years beginning in two thousand:
If the city taxable income is: The tax is:
Not over $12,000 2.65% of the city taxable income
Over $12,000 but not $318 plus 3.215% of excess
over $25,000 over $12,000
Over $25,000 but not $736 plus 3.265% of excess
over $50,000 over $25,000
Over $50,000 $1,552 plus 3.315% of excess
over $50,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $12,000 2.675% of the city taxable income
Over $12,000 but not $321 plus 3.2575% of excess
over $25,000 over $12,000
Over $25,000 but not $744 plus 3.3075% of excess
over $50,000 over $25,000
Over $50,000 $1,571 plus 3.3575% of excess
over $50,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
S. 6607--A 118 A. 9707--A
If the city taxable income is: The tax is:
Not over $12,000 2.7% of the city taxable income
Over $12,000 but not $324 plus 3.3% of excess
over $25,000 over $12,000
Over $25,000 but not $753 plus 3.35% of excess
over $50,000 over $25,000
Over $50,000 $1,591 plus 3.4% of excess
over $50,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $8,000 2.6% of the city taxable income
Over $8,000 but not $208 plus 3% of excess
over $15,000 over $8,000
Over $15,000 but not $418 plus 3.3% of excess
over $25,000 over $15,000
Over $25,000 but not $748 plus 3.35% of excess
over $60,000 over $25,000
Over $60,000 $1,920 plus 3.4% of excess
over $60,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,000 2.25% of the city taxable income
Over $8,000 but not $180 plus 2.85% of excess
over $15,000 over $8,000
Over $15,000 but not $380 plus 3.3% of excess
over $25,000 over $15,000
Over $25,000 but not $710 plus 3.35% of excess
over $60,000 over $25,000
Over $60,000 $1,883 plus 3.4% of excess
over $60,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,000 2.2% of the city taxable income
Over $8,000 but not $176 plus 2.7% of excess
over $15,000 over $8,000
Over $15,000 but not $365 plus 3.2% of excess
over $25,000 over $15,000
Over $25,000 but not $685 plus 3.35% of excess
over $60,000 over $25,000
Over $60,000 $1,858 plus 3.4% of excess
over $60,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $2,500 1.5% of the city taxable income
Over $2,500 but not $38 plus 2.2% of excess
over $9,000 over $2,500
Over $9,000 but not $181 plus 2.7% of excess
S. 6607--A 119 A. 9707--A
over $15,000 over $9,000
Over $15,000 but not $343 plus 3.2% of excess
over $25,000 over $15,000
Over $25,000 but not $663 plus 3.4% of excess
over $60,000 over $25,000
Over $60,000 $1,853 plus 3.5% of excess
over $60,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $2,500 1.5% of the city taxable income
Over $2,500 but not $38 plus 1.8% of excess
over $5,000 over $2,500
Over $5,000 but not $83 plus 2.2% of excess
over $9,000 over $5,000
Over $9,000 but not $171 plus 2.6% of excess
over $13,000 over $9,000
Over $13,000 but not $275 plus 3% of excess
over $17,000 over $13,000
Over $17,000 but not $395 plus 3.4% of excess
over $21,000 over $17,000
Over $21,000 but not $531 plus 3.7% of excess
over $25,000 over $21,000
Over $25,000 but not $679 plus 3.9% of excess
over $60,000 over $25,000
Over $60,000 $2,044 plus 4.1% of excess
over $60,000]
S 3. Paragraphs 1, 2 and 3 of subdivision (a) of section 11-1701 of
the administrative code of the city of New York, as amended by section
136 of part A of chapter 389 of the laws of 1997, subparagraph (A) of
paragraph 1, subparagraph (A) of paragraph 2 and subparagraph (A) of
paragraph 3 as amended by chapter 525 of the laws of 2008, are amended
to read as follows:
(1) Resident married individuals filing joint returns and resident
surviving spouses. The tax under this section for each taxable year on
the city taxable income of every city resident married individual who
makes a single return jointly with his or her spouse under subdivision
(b) of section 11-1751 OF THIS CHAPTER and on the city taxable income of
every city resident surviving spouse shall be determined in accordance
with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $21,600 2.55% OF THE CITY TAXABLE INCOME
OVER $21,600 BUT NOT $551 PLUS 3.1% OF EXCESS
OVER $45,000 OVER $21,600
OVER $45,000 BUT NOT $1,276 PLUS 3.15% OF EXCESS
OVER $90,000 OVER $45,000
OVER $90,000 BUT NOT $2,694 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $90,000
OVER $250,000 $7,814 PLUS 3.4% OF EXCESS
OVER $250,000
S. 6607--A 120 A. 9707--A
(B) For taxable years beginning in two thousand one and two thousand
two and for taxable years beginning after two thousand five and before
two thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $21,600 2.55% of the city taxable income
Over $21,600 but not $551 plus 3.1% of excess
over $45,000 over $21,600
Over $45,000 but not $1,276 plus 3.15% of excess
over $90,000 over $45,000
Over $90,000 $2,694 plus 3.2% of excess
over $90,000
[(B) For taxable years beginning in two thousand:
If the city taxable income is: The tax is:
Not over $21,600 2.65% of the city taxable income
Over $21,600 but not $572 plus 3.215% of excess
over $45,000 over $21,600
Over $45,000 but not $1,325 plus 3.265% of excess
over $90,000 over $45,000
Over $90,000 $2,794 plus 3.315% of excess
over $90,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $21,600 2.675% of the city taxable income
Over $21,600 but not $578 plus 3.2575% of excess
over $45,000 over $21,600
Over $45,000 but not $1,340 plus 3.3075% of excess
over $90,000 over $45,000
Over $90,000 $2,828 plus 3.3575% of excess
over $90,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $21,600 2.7% of the city taxable income
Over $21,600 but not over $583 plus 3.3% of excess
$45,000 over $21,600
Over $45,000 but not over $1,355 plus 3.35% of excess
$90,000 over $45,000
Over $90,000 $2,863 plus 3.4% of excess
over $90,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $14,400 2.6% of the city taxable income
Over $14,400 but not $374 plus 3% of excess
over $27,000 over $14,400
Over $27,000 but not $752 plus 3.3% of excess
over $45,000 over $27,000
Over $45,000 but not $1,346 plus 3.35% of excess
S. 6607--A 121 A. 9707--A
over $108,000 over $45,000
Over $108,000 $3,457 plus 3.4% of excess
over $108,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $14,400 2.25% of the city taxable income
Over $14,400 but not over $324 plus 2.85% of excess
$27,000 over $14,400
Over $27,000 but not over $683 plus 3.3% of excess
$45,000 over $27,000
Over $45,000 but not over $1,278 plus 3.35% of excess
$108,000 over $45,000
Over $108,000 $3,388 plus 3.4% of excess
over $108,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $14,400 2.2% of the city taxable income
Over $14,400 but not over $317 plus 2.7% of excess
$27,000 over $14,400
Over $27,000 but not over $657 plus 3.2% of excess
$45,000 over $27,000
Over $45,000 but not over $1,233 plus 3.35% of excess
$108,000 over $45,000
Over $108,000 $3,344 plus 3.4% of excess
over $108,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $4,500 1.5% of the city taxable income
Over $4,500 but not over $68 plus 2.2% of excess
$16,200 over $4,500
Over $16,200 but not over $325 plus 2.7% of excess
$27,000 over $16,200
Over $27,000 but not over $617 plus 3.2% of excess
$45,000 over $27,000
Over $45,000 but not over $1,193 plus 3.4% of excess
$108,000 over $45,000
Over $108,000 $3,335 plus 3.5% of excess
over $108,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $4,125 1.5% of the city taxable income
Over $4,125 but not over $62 plus 1.8% of excess
$8,250 over $4,125
Over $8,250 but not over $136 plus 2.2% of excess
$14,850 over $8,250
Over $14,850 but not over $281 plus 2.6% of excess
$21,450 over $14,850
S. 6607--A 122 A. 9707--A
Over $21,450 but not over $453 plus 3% of excess
$28,050 over $21,450
Over $28,050 but not over $651 plus 3.4% of excess
$34,650 over $28,050
Over $34,650 but not over $875 plus 3.7% of excess
$41,250 over $34,650
Over $41,250 but not over $1,119 plus 3.9% of excess
$99,000 over $41,250
Over $99,000 $3,371 plus 4.1% of excess
over $99,000]
(2) Resident heads of households. The tax under this section for each
taxable year on the city taxable income of every city resident head of a
household shall be determined in accordance with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $14,400 2.55% OF THE CITY TAXABLE INCOME
OVER $14,400 BUT NOT $367 PLUS 3.1% OF EXCESS
OVER $30,000 OVER $14,400
OVER $30,000 BUT NOT $851 PLUS 3.15% OF EXCESS
OVER $60,000 OVER $30,000
OVER $60,000 BUT NOT $1,796 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $60,000
OVER $250,000 $7,876 PLUS 3.4% OF EXCESS
OVER $250,000
(B) For taxable years beginning in two thousand one and two thousand
two and for taxable years beginning after two thousand five and before
two thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $14,400 2.55% of the city taxable income
Over $14,400 but not $367 plus 3.1% of excess
over $30,000 over $14,400
Over $30,000 but not $851 plus 3.15% of excess
over $60,000 over $30,000
Over $60,000 $[1,769] 1,796
plus 3.2% of excess
over $60,000
[(B) For taxable years beginning in two thousand:
If the city taxable income is: The tax is:
Not over $14,400 2.65% of the city taxable income
Over $14,400 but not $382 plus 3.215% of excess
over $30,000 over $14,400
Over $30,000 but not $883 plus 3.265% of excess
over $60,000 over $30,000
Over $60,000 $1,863 plus 3.315% of excess
over $60,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $14,400 2.675% of the city taxable income
Over $14,400 but not $385 plus 3.2575% of excess
S. 6607--A 123 A. 9707--A
over $30,000 over $14,400
Over $30,000 but not $893 plus 3.3075% of excess
over $60,000 over $30,000
Over $60,000 $1,886 plus 3.3575% of excess
over $60,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $14,400 2.7% of the city taxable income
Over $14,400 but not $389 plus 3.3% of excess
over $30,000 over $14,400
Over $30,000 but not over $904 plus 3.35% of excess
$60,000 over $30,000
Over $60,000 $1,909 plus 3.4% of excess
over $60,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $9,600 2.6% of the city taxable income
Over $9,600 but not over $250 plus 3% of excess
$18,000 over $9,600
Over $18,000 but not over $502 plus 3.3% of excess
$30,000 over $18,000
Over $30,000 but not over $898 plus 3.35% of excess
$72,000 over $30,000
Over $72,000 $2,305 plus 3.4% of excess
over $72,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $9,200 2.25% of the city taxable income
Over $9,200 but not over $207 plus 2.85% of excess
$17,250 over $9,200
Over $17,250 but not over $436 plus 3.3% of excess
$28,750 over $17,250
Over $28,750 but not over $816 plus 3.35% of excess
$69,000 over $28,750
Over $69,000 $2,164 plus 3.4% of excess
over $69,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,800 2.2% of the city taxable income
Over $8,800 but not over $194 plus 2.7% of excess
$16,500 over $8,800
Over $16,500 but not over $402 plus 3.2% of excess
$27,500 over $16,500
Over $27,500 but not over $754 plus 3.35% of excess
$66,000 over $27,500
Over $66,000 $2,044 plus 3.4% of excess
S. 6607--A 124 A. 9707--A
over $66,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $2,750 1.5% of the city taxable income
Over $2,750 but not over $41 plus 2.2% of excess
$9,900 over $2,750
Over $9,900 but not over $198 plus 2.7% of excess
$16,500 over $9,900
Over $16,500 but not over $376 plus 3.2% of excess
$27,500 over $16,500
Over $27,500 but not over $728 plus 3.4% of excess
$66,000 over $27,500
Over $66,000 $2,037 plus 3.5% of excess
over $66,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $2,750 1.5% of the city taxable income
Over $2,750 but not over $41 plus 1.8% of excess
$5,500 over $2,750
Over $5,500 but not over $91 plus 2.2% of excess
$9,900 over $5,500
Over $9,900 but not over $188 plus 2.6% of excess
$14,300 over $9,900
Over $14,300 but not over $302 plus 3% of excess
$18,700 over $14,300
Over $18,700 but not over $434 plus 3.4% of excess
$23,100 over $18,700
Over $23,100 but not over $584 plus 3.7% of excess
$27,500 over $23,100
Over $27,500 but not over $747 plus 3.9% of excess
$66,000 over $27,500
Over $66,000 $2,249 plus 4.1% of excess
over $66,000]
(3) Resident unmarried individuals, resident married individuals
filing separate returns and resident estates and trusts. The tax under
this section for each taxable year on the city taxable income of every
city resident individual who is not a married individual who makes a
single return jointly with his or her spouse under subdivision (b) of
section 11-1751 OF THIS CHAPTER or a city resident head of a household
or a city resident surviving spouse, and on the city taxable income of
every city resident estate and trust shall be determined in accordance
with the following tables:
(A) FOR TAXABLE YEARS BEGINNING AFTER TWO THOUSAND NINE:
IF THE CITY TAXABLE INCOME IS: THE TAX IS:
NOT OVER $12,000 2.55% OF THE CITY TAXABLE INCOME
OVER $12,000 BUT NOT $306 PLUS 3.1% OF EXCESS
OVER $25,000 OVER $12,000
OVER $25,000 BUT NOT $709 PLUS 3.15% OF EXCESS
OVER $50,000 OVER $25,000
S. 6607--A 125 A. 9707--A
OVER $50,000 BUT NOT $1,497 PLUS 3.2% OF EXCESS
OVER $250,000 OVER $50,000
OVER $250,000 $7,897 PLUS 3.4% OF EXCESS
OVER $250,000
(B) For taxable years beginning in two thousand one and two thousand
two and for taxable years beginning after two thousand five and before
two thousand [twelve] TEN:
If the city taxable income is: The tax is:
Not over $12,000 2.55% of the city taxable income
Over $12,000 but not $306 plus 3.1% of excess
over $25,000 over $12,000
Over $25,000 but not $709 plus 3.15% of excess
over $50,000 over $25,000
Over $50,000 $1,497 plus 3.2% of excess
over $50,000
[(B) For taxable years beginning in two thousand:
If the city taxable income is: The tax is:
Not over $12,000 2.65% of the city taxable income
Over $12,000 but not $318 plus 3.215% of excess
over $25,000 over $12,000
Over $25,000 but not $736 plus 3.265% of excess
over $50,000 over $25,000
Over $50,000 $1,552 plus 3.315% of excess
over $50,000
(C) For taxable years beginning in nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $12,000 2.675% of the city taxable income
Over $12,000 but not $321 plus 3.2575% of excess
over $25,000 over $12,000
Over $25,000 but not $744 plus 3.3075% of excess
over $50,000 over $25,000
Over $50,000 $1,571 plus 3.3575% of excess
over $50,000
(D) For taxable years beginning after nineteen hundred ninety-six and
before nineteen hundred ninety-nine:
If the city taxable income is: The tax is:
Not over $12,000 2.7% of the city taxable income
Over $12,000 but not over $324 plus 3.3% of excess
$25,000 over $12,000
Over $25,000 but not over $753 plus 3.35% of excess
$50,000 over $25,000
Over $50,000 $1,591 plus 3.4% of excess
over $50,000
(E) For taxable years beginning in nineteen hundred ninety-six:
If the city taxable income is: The tax is:
Not over $8,000 2.6% of the city taxable income
Over $8,000 but not over $208 plus 3% of excess
S. 6607--A 126 A. 9707--A
$15,000 over $8,000
Over $15,000 but not over $418 plus 3.3% of excess
$25,000 over $15,000
Over $25,000 but not over $748 plus 3.35% of excess
$60,000 over $25,000
Over $60,000 $1,920 plus 3.4% of excess
over $60,000
(F) For taxable years beginning in nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,000 2.25% of the city taxable income
Over $8,000 but not over $180 plus 2.85% of excess
$15,000 over $8,000
Over $15,000 but not over $380 plus 3.3% of excess
$25,000 over $15,000
Over $25,000 but not over $710 plus 3.35% of excess
$60,000 over $25,000
Over $60,000 $1,883 plus 3.4% of excess
over $60,000
(G) For taxable years beginning after nineteen hundred eighty-eight
and before nineteen hundred ninety-five:
If the city taxable income is: The tax is:
Not over $8,000 2.2% of the city taxable income
Over $8,000 but not over $176 plus 2.7% of excess
$15,000 over $8,000
Over $15,000 but not over $365 plus 3.2% of excess
$25,000 over $15,000
Over $25,000 but not over $685 plus 3.35% of excess
$60,000 over $25,000
Over $60,000 $1,858 plus 3.4% of excess
over $60,000
(H) For taxable years beginning in nineteen hundred eighty-eight:
If the city taxable income is: The tax is:
Not over $2,500 1.5% of the city taxable income
Over $2,500 but not over $38 plus 2.2% of excess
$9,000 over $2,500
Over $9,000 but not over $181 plus 2.7% of excess
$15,000 over $9,000
Over $15,000 but not over $343 plus 3.2% of excess
$25,000 over $15,000
Over $25,000 but not over $663 plus 3.4% of excess
$60,000 over $25,000
Over $60,000 $1,853 plus 3.5% of excess
over $60,000
(I) For taxable years beginning in nineteen hundred eighty-seven:
If the city taxable income is: The tax is:
Not over $2,500 1.5% of the city taxable income
Over $2,500 but not over $38 plus 1.8% of excess
$5,000 over $2,500
S. 6607--A 127 A. 9707--A
Over $5,000 but not over $83 plus 2.2% of excess
$9,000 over $5,000
Over $9,000 but not over $171 plus 2.6% of excess
$13,000 over $9,000
Over $13,000 but not over $275 plus 3% of excess
$17,000 over $13,000
Over $17,000 but not over $395 plus 3.4% of excess
$21,000 over $17,000
Over $21,000 but not over $531 plus 3.7% of excess
$25,000 over $21,000
Over $25,000 but not over $679 plus 3.9% of excess
$60,000 over $25,000
Over $60,000 $2,044 plus 4.1% of excess
over $60,000]
S 4. Notwithstanding any provision of law to the contrary, the method
of determining the amount to be deducted and withheld from wages on
account of taxes imposed by or pursuant to the authority of article 30
of the tax law in connection with the implementation of the provisions
of this act shall be prescribed by regulations of the commissioner of
taxation and finance with due consideration to the effect such withhold-
ing tables and methods would have on the receipt and amount of revenue.
The commissioner of taxation and finance shall adjust such withholding
tables and methods in regard to taxable years beginning in 2010 and
after in such manner as to result, so far as practicable, in withholding
from an employee's wages an amount substantially equivalent to the tax
reasonably estimated to be due for such taxable years as a result of the
provisions of this act. Provided, however, for tax year 2010 the with-
holding tables shall reflect as accurately as practicable the full
amount of tax year 2010 liability so that such amount is withheld by
December 31, 2010. Any such regulations to implement a change in with-
holding tables and methods for tax year 2010 shall be adopted and effec-
tive as soon as practicable and the commissioner may adopt such regu-
lations on an emergency basis notwithstanding anything to the contrary
in section 202 of the state administrative procedure act. In carrying
out his or her duties and responsibilities under this section, the
commissioner of taxation and finance may accompany such a rule making
procedure with a similar procedure with respect to the taxes required to
be deducted and withheld by local laws imposing taxes pursuant to the
authority of articles 30, 30-A and 30-B of the tax law, the provisions
of any other law in relation to such a procedure to the contrary
notwithstanding.
S 5. 1. Notwithstanding any provision of law to the contrary, no addi-
tion to tax required shall be imposed for failure to pay the estimated
tax in subsection (c) of section 685 of the tax law with respect to any
underpayment of a required installment due prior to, or within thirty
days of, the effective date of this act to the extent that such under-
payment was created or increased by the amendments made by this act
provided, however, that the taxpayer remits the amount of any underpay-
ment prior to or with his or her next quarterly estimated tax payment.
2. The commissioner of taxation and finance shall take steps to publi-
cize the necessary adjustments to estimated tax and, to the extent
reasonably possible, to inform the taxpayer of the tax liability changes
made by this act.
S 6. This act shall take effect immediately.
S. 6607--A 128 A. 9707--A
PART Y
Section 1. The opening paragraph of section 21-a of the social
services law, as added by section 144-a of part B of chapter 436 of the
laws of 1997, is amended to read as follows:
Any electronic benefit transfer system shall be implemented by the
department on a statewide basis and shall be administered pursuant to
the provisions of this section. AN ELECTRONIC BENEFIT TRANSFER SYSTEM
MAY INCLUDE DIRECT DEPOSIT AND DEBIT CARDS.
S 2. Section 398-a of the social services law is amended by adding a
new subdivision 2-b to read as follows:
(2-B) PAYMENTS MADE DIRECTLY BY SOCIAL SERVICES DISTRICTS TO FOSTER
BOARDING HOMES FOR FOSTER CARE PURSUANT TO THIS SECTION MAY BE MADE BY
ELECTRONIC BENEFIT TRANSFER, DIRECT DEPOSIT OR DEBIT CARD AND ADMINIS-
TERED ELECTRONICALLY, OR BY SUCH OTHER METHODS, AND IN ACCORDANCE WITH
SUCH GUIDELINES, AS MAY BE SET FORTH BY REGULATION OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMILY SERVICES
MAY ENTER INTO CONTRACTS ON BEHALF OF SOCIAL SERVICES DISTRICTS FOR
ELECTRONIC BENEFIT TRANSFER SERVICES IN ACCORDANCE WITH SECTION TWENTY-
ONE-A OF THIS CHAPTER.
S 3. Subdivision 1 of section 453 of the social services law is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) PAYMENTS PURSUANT TO THIS SECTION MAY BE MADE BY ELECTRONIC
BENEFIT TRANSFER, DIRECT DEPOSIT OR DEBIT CARD AND ADMINISTERED ELEC-
TRONICALLY, OR BY SUCH OTHER METHODS, AND IN ACCORDANCE WITH SUCH GUIDE-
LINES, AS MAY BE SET FORTH BY REGULATION OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES. THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY ENTER
INTO CONTRACTS ON BEHALF OF LOCAL SOCIAL SERVICES DISTRICTS FOR ELEC-
TRONIC BENEFIT TRANSFER SERVICES IN ACCORDANCE WITH SECTION TWENTY-ONE-A
OF THIS CHAPTER.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART Z
Section 1. Paragraph (a) of subdivision 2 of section 153-k of the
social services law, as added by section 15 of part C of chapter 83 of
the laws of 2002, is amended to read as follows:
(a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster care services AND KINSHIP GUARDIANSHIP ASSISTANCE shall be
subject to reimbursement with state funds only to the extent of annual
appropriations to the state foster care block grant. Such foster care
services shall include expenditures for the provision and administration
of: care, maintenance, supervision and tuition; supervision of foster
children placed in federally funded job corps programs; and care, main-
tenance, supervision and tuition for adjudicated juvenile delinquents
and persons in need of supervision placed in residential programs oper-
ated by authorized agencies and in out-of-state residential programs.
SUCH KINSHIP GUARDIANSHIP ASSISTANCE SHALL INCLUDE EXPENDITURES FOR THE
PROVISION AND ADMINISTRATION OF KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
AND NON-RECURRING GUARDIANSHIP EXPENSES MADE PURSUANT TO TITLE TEN OF
ARTICLE SIX OF THIS CHAPTER. Social services districts must develop and
implement children and family services delivery systems that are
designed to reduce the need for and the length of foster care placements
and must document their efforts in the multi-year consolidated services
S. 6607--A 129 A. 9707--A
plan and the annual implementation reports submitted pursuant to section
thirty-four-a of this chapter.
S 2. Paragraph (h) of subdivision 12 of section 366 of the social
services law, as added by section 1 of part E of chapter 58 of the laws
of 2006, is amended to read as follows:
(h) A person participating in the waiver program established by this
subdivision may continue participation in the program until it is no
longer consistent with the plan of care, or until age twenty-one, which-
ever occurs earlier, notwithstanding the person's status as having been
discharged from the care and placement of the local commissioner of a
social services district or the commissioner of children and family
services, including adoption OR PARTICIPATION IN THE KINSHIP GUARDIAN-
SHIP ASSISTANCE PROGRAM UNDER TITLE TEN OF ARTICLE SIX OF THIS CHAPTER.
S 3. Section 366 of the social services law is amended by adding a new
subdivision 13 to read as follows:
13. THE COMMISSIONER OF HEALTH, IN CONSULTATION WITH THE COMMISSIONER
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, SHALL MAKE ANY AVAILABLE
AMENDMENTS TO THE STATE PLAN FOR MEDICAL ASSISTANCE SUBMITTED PURSUANT
TO SECTION THREE HUNDRED SIXTY-THREE-A OF THIS TITLE, OR, IF AN AMEND-
MENT IS NOT POSSIBLE, DEVELOP AND SUBMIT AN APPLICATION FOR ANY WAIVER
UNDER THE FEDERAL SOCIAL SECURITY ACT THAT MAY BE AVAILABLE TO PROVIDE
MEDICAL ASSISTANCE FOR THOSE CHILDREN RECEIVING KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS UNDER TITLE TEN OF ARTICLE SIX OF THIS CHAPTER WHO
ARE NOT AUTOMATICALLY ELIGIBLE FOR SUCH MEDICAL ASSISTANCE UNDER TITLE
IV-E OF THE FEDERAL SOCIAL SECURITY ACT.
S 4. Article 6 of the social services law is amended by adding a new
title 10 to read as follows:
TITLE 10
KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM
SECTION 458-A. DEFINITIONS.
458-B. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS.
458-C. PAYMENTS FOR NON-RECURRING GUARDIANSHIP EXPENSES.
458-D. MEDICAL SUBSIDY.
458-E. INDEPENDENT LIVING SERVICES.
458-F. FAIR HEARINGS.
458-G. STATE REIMBURSEMENT.
S 458-A. DEFINITIONS. AS USED IN THIS TITLE:
1. "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF TWENTY-ONE YEARS WHOSE
CUSTODY, CARE AND CUSTODY, OR CUSTODY AND GUARDIANSHIP HAVE BEEN COMMIT-
TED TO A SOCIAL SERVICES OFFICIAL PRIOR TO SUCH PERSON'S EIGHTEENTH
BIRTHDAY PURSUANT TO THIS CHAPTER OR ARTICLE THREE, SEVEN OR TEN OF THE
FAMILY COURT ACT.
2. "APPLICABLE BOARD RATE" SHALL MEAN AN AMOUNT EQUAL TO THE MONTHLY
PAYMENT THAT HAS BEEN MADE BY A SOCIAL SERVICES OFFICIAL, IN ACCORDANCE
WITH SECTION THREE HUNDRED NINETY-EIGHT-A OF THIS ARTICLE AND OTHER
PROVISIONS OF THIS CHAPTER, FOR THE CARE AND MAINTENANCE OF THE CHILD,
WHILE SUCH CHILD WAS BOARDED OUT IN THE APPROVED OR CERTIFIED FOSTER
FAMILY BOARDING HOME WITH THE PROSPECTIVE RELATIVE GUARDIAN. SUCH RATE
SHALL REFLECT ANNUAL CHANGES IN ROOM AND BOARD RATES AND CLOTHING
REPLACEMENT ALLOWANCES.
3. "PROSPECTIVE RELATIVE GUARDIAN" SHALL MEAN A PERSON WHO IS RELATED
TO THE CHILD THROUGH BLOOD, MARRIAGE, OR ADOPTION WHO HAS BEEN CARING
FOR THE CHILD AS A FULLY CERTIFIED OR APPROVED FOSTER PARENT FOR AT
LEAST SIX CONSECUTIVE MONTHS PRIOR TO APPLYING FOR KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS.
S. 6607--A 130 A. 9707--A
4. "RELATIVE GUARDIAN" SHALL MEAN A PERSON WHO WAS ISSUED LETTERS OF
GUARDIANSHIP FOR A CHILD AFTER ENTERING INTO AN AGREEMENT WITH A SOCIAL
SERVICES OFFICIAL FOR THE RECEIPT OF PAYMENTS AND SERVICES IN ACCORDANCE
WITH THIS TITLE.
5. "SOCIAL SERVICES OFFICIAL" SHALL MEAN A COUNTY COMMISSIONER OF
SOCIAL SERVICES, A CITY COMMISSIONER OF SOCIAL SERVICES, OR AN INDIAN
TRIBE WITH WHICH THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS ENTERED
INTO AN AGREEMENT TO PROVIDE FOSTER CARE SERVICES IN ACCORDANCE WITH
SUBDIVISION TWO OF SECTION THIRTY-NINE OF THIS CHAPTER.
S 458-B. KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS. 1. A CHILD IS
ELIGIBLE FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS UNDER THIS TITLE
IF THE SOCIAL SERVICES OFFICIAL DETERMINES THE FOLLOWING:
(A) THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX CONSECUTIVE
MONTHS IN THE HOME OF THE PROSPECTIVE RELATIVE GUARDIAN; AND
(B) THE CHILD BEING RETURNED HOME OR ADOPTED ARE NOT APPROPRIATE
PERMANENCY OPTIONS FOR THE CHILD; AND
(C) THE CHILD DEMONSTRATES A STRONG ATTACHMENT TO THE PROSPECTIVE
RELATIVE GUARDIAN AND THE PROSPECTIVE RELATIVE GUARDIAN HAS A STRONG
COMMITMENT TO CARING PERMANENTLY FOR THE CHILD; AND
(D) WITH RESPECT TO A CHILD WHO HAS ATTAINED FOURTEEN YEARS OF AGE,
THE CHILD HAS BEEN CONSULTED REGARDING THE KINSHIP GUARDIANSHIP ARRANGE-
MENT.
(E) THE FINANCIAL STATUS OF THE PROSPECTIVE RELATIVE GUARDIAN SHALL
NOT BE CONSIDERED IN DETERMINING ELIGIBILITY FOR KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS.
2. (A) A PROSPECTIVE RELATIVE GUARDIAN WHO HAS BEEN CARING FOR AN
ELIGIBLE FOSTER CHILD FOR AT LEAST SIX CONSECUTIVE MONTHS AND WHO
INTENDS TO SEEK GUARDIANSHIP OF THE CHILD MAY APPLY TO THE SOCIAL
SERVICES OFFICIAL WHO HAS CUSTODY, CARE AND CUSTODY, OR GUARDIANSHIP AND
CUSTODY OF THE CHILD TO RECEIVE KINSHIP GUARDIANSHIP ASSISTANCE
PAYMENTS, NON-RECURRING GUARDIANSHIP PAYMENTS, AND OTHER APPLICABLE
SERVICES AND PAYMENTS AVAILABLE UNDER THIS TITLE ON BEHALF OF THE CHILD.
(B) APPLICATIONS SHALL ONLY BE ACCEPTED PRIOR TO ISSUANCE OF LETTERS
OF GUARDIANSHIP OF THE CHILD TO THE RELATIVE GUARDIAN PURSUANT TO THE
PROVISIONS OF THE FAMILY COURT ACT OR THE SURROGATE'S COURT PROCEDURE
ACT.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PROSPECTIVE RELATIVE GUARDIAN AND ANY PERSON OVER THE AGE OF EIGHTEEN
LIVING IN THE HOME OF THE PROSPECTIVE RELATIVE GUARDIAN WHO HAS NOT
ALREADY BEEN SUBJECT TO A NATIONAL AND STATE CRIMINAL HISTORY RECORD
CHECK PURSUANT TO SECTION THREE HUNDRED SEVENTY-EIGHT-A OF THIS ARTICLE
AS PART OF THE PROCESS OF THE PROSPECTIVE RELATIVE GUARDIAN BECOMING A
CERTIFIED OR APPROVED FOSTER PARENT MUST COMPLETE SUCH A RECORD CHECK IN
ACCORDANCE WITH THE PROCEDURES AND STANDARDS SET FORTH IN SUCH SECTION
PRIOR TO THE SOCIAL SERVICES OFFICIAL ACTING UPON THE APPLICATION. THE
SOCIAL SERVICES OFFICIAL MUST INQUIRE OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES WHETHER EACH PROSPECTIVE RELATIVE GUARDIAN AND EACH
PERSON OVER THE AGE OF EIGHTEEN LIVING IN THE HOME OF THE PROSPECTIVE
RELATIVE GUARDIAN HAS BEEN OR IS CURRENTLY THE SUBJECT OF AN INDICATED
REPORT OF CHILD ABUSE OR MALTREATMENT ON FILE WITH THE STATEWIDE CENTRAL
REGISTER OF CHILD ABUSE AND MALTREATMENT AND, IF THE PROSPECTIVE RELA-
TIVE GUARDIAN OR ANY OTHER PERSON OVER THE AGE OF EIGHTEEN RESIDING IN
THE HOME OF THE PROSPECTIVE RELATIVE GUARDIAN RESIDED IN ANOTHER STATE
IN THE FIVE YEARS PRECEDING THE APPLICATION, REQUEST CHILD ABUSE AND
MALTREATMENT INFORMATION MAINTAINED BY THE CHILD ABUSE AND MALTREATMENT
REGISTRY FROM THE APPLICABLE CHILD WELFARE AGENCY IN EACH SUCH STATE OF
S. 6607--A 131 A. 9707--A
PREVIOUS RESIDENCE, IF SUCH A REQUEST HAS NOT BEEN MADE AS PART OF THE
PROCESS OF THE PROSPECTIVE RELATIVE GUARDIAN BECOMING A CERTIFIED OR
APPROVED FOSTER PARENT.
3. IF THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE CHILD IS ELIGI-
BLE FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS AND IT IS IN THE BEST
INTERESTS OF THE CHILD FOR THE RELATIVE TO BECOME THE LEGAL GUARDIAN OF
THE CHILD, THE SOCIAL SERVICES OFFICIAL SHALL ENTER INTO AN AGREEMENT
WITH THE PROSPECTIVE RELATIVE GUARDIAN AUTHORIZING THE PROVISION OF
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS, NON-RECURRING GUARDIANSHIP
PAYMENTS, AND OTHER SERVICES AND PAYMENTS AVAILABLE UNDER THIS TITLE
SUBJECT TO THE ISSUANCE BY THE COURT OF LETTERS OF GUARDIANSHIP OF THE
CHILD TO THE PROSPECTIVE RELATIVE GUARDIAN AND THE CHILD BEING FINALLY
DISCHARGED FROM FOSTER CARE TO SUCH RELATIVE. A COPY OF THE FULLY
EXECUTED AGREEMENT MUST BE PROVIDED BY THE SOCIAL SERVICES OFFICIAL TO
THE PROSPECTIVE RELATIVE GUARDIAN.
4. (A) PAYMENTS AND ELIGIBILITY FOR SERVICES UNDER THIS TITLE SHALL BE
MADE PURSUANT TO A WRITTEN AGREEMENT BETWEEN THE SOCIAL SERVICES OFFI-
CIAL AND THE PROSPECTIVE RELATIVE GUARDIAN.
(B) THE WRITTEN AGREEMENT SHALL SPECIFY, AT A MINIMUM: THE AMOUNT OF,
AND MANNER IN WHICH, EACH KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT WILL
BE PROVIDED UNDER THE AGREEMENT; THE MANNER IN WHICH THE PAYMENT MAY BE
ADJUSTED PERIODICALLY, IN CONSULTATION WITH THE RELATIVE GUARDIAN, BASED
ON THE CIRCUMSTANCES OF THE RELATIVE GUARDIAN AND THE NEEDS OF THE
CHILD; THE ADDITIONAL SERVICES AND ASSISTANCE THAT THE CHILD AND THE
RELATIVE GUARDIAN WILL BE ELIGIBLE FOR UNDER THE AGREEMENT, WHICH SHALL
BE LIMITED TO THE ADDITIONAL SERVICES AND ASSISTANCE SET FORTH IN THIS
TITLE; THE PROCEDURES BY WHICH THE RELATIVE GUARDIAN MAY APPLY FOR ADDI-
TIONAL SERVICES, AS NEEDED; THAT THE SOCIAL SERVICES OFFICIAL WILL PAY
THE TOTAL COST OF NONRECURRING EXPENSES ASSOCIATED WITH OBTAINING LEGAL
GUARDIANSHIP OF THE CHILD, TO THE EXTENT THE TOTAL COST DOES NOT EXCEED
TWO THOUSAND DOLLARS IN ACCORDANCE WITH SECTION FOUR HUNDRED
FIFTY-EIGHT-C OF THIS TITLE; AND, THAT THE AGREEMENT WILL REMAIN IN
EFFECT REGARDLESS OF THE STATE OF RESIDENCE OF THE RELATIVE GUARDIAN AT
ANY TIME.
(C) THE AGREEMENT MUST BE FULLY EXECUTED PRIOR TO THE ISSUANCE OF
LETTERS OF GUARDIANSHIP OF THE CHILD TO THE RELATIVE GUARDIAN IN ORDER
FOR THE CHILD TO BE ELIGIBLE FOR PAYMENTS AND SERVICES UNDER THIS TITLE.
5. ONCE THE PROSPECTIVE RELATIVE GUARDIAN WITH WHOM A SOCIAL SERVICES
OFFICIAL HAS ENTERED INTO AN AGREEMENT UNDER SUBDIVISION FOUR OF THIS
SECTION HAS BEEN ISSUED LETTERS OF GUARDIANSHIP FOR THE CHILD AND THE
CHILD HAS BEEN FINALLY DISCHARGED FROM FOSTER CARE TO SUCH RELATIVE, A
SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP ASSIST-
ANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD.
6. THE AMOUNT OF THE MONTHLY KINSHIP GUARDIANSHIP ASSISTANCE PAYMENT
MADE PURSUANT TO THIS SECTION SHALL BE DETERMINED PURSUANT TO REGU-
LATIONS OF THE OFFICE. THE AMOUNT OF THE MONTHLY PAYMENT SHALL NOT BE
LESS THAN SEVENTY-FIVE PER CENTUM OF THE APPLICABLE BOARD RATE NOR MORE
THAN ONE HUNDRED PER CENTUM OF SUCH RATE AS DETERMINED BY THE SOCIAL
SERVICES DISTRICT IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE;
PROVIDED, HOWEVER, THAT THE RATE CHOSEN BY THE SOCIAL SERVICES DISTRICT
SHALL BE EQUAL TO THE RATE USED BY THE DISTRICT FOR ADOPTION SUBSIDY
PAYMENTS UNDER SECTION FOUR HUNDRED FIFTY-THREE OF THIS ARTICLE. THE
SOCIAL SERVICES OFFICIAL SHALL CONSIDER THE FINANCIAL STATUS OF THE
PROSPECTIVE RELATIVE GUARDIAN OR RELATIVE GUARDIAN ONLY FOR THE PURPOSE
OF DETERMINING THE AMOUNT OF THE PAYMENTS TO BE MADE.
S. 6607--A 132 A. 9707--A
7. (A) KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS SHALL BE MADE TO THE
RELATIVE GUARDIAN OR GUARDIANS UNTIL THE CHILD'S EIGHTEENTH BIRTHDAY OR,
IF THE CHILD HAD ATTAINED SIXTEEN YEARS OF AGE BEFORE THE AGREEMENT
BECAME EFFECTIVE, UNTIL THE CHILD ATTAINS TWENTY-ONE YEARS OF AGE
PROVIDED THE CHILD IS: (I) COMPLETING SECONDARY EDUCATION OR A PROGRAM
LEADING TO AN EQUIVALENT CREDENTIAL; (II) ENROLLED IN AN INSTITUTION
WHICH PROVIDES POST-SECONDARY OR VOCATIONAL EDUCATION; (III) EMPLOYED
FOR AT LEAST EIGHTY HOURS PER MONTH; OR (IV) INCAPABLE OF ANY OF SUCH
ACTIVITIES DUE TO A MEDICAL CONDITION, WHICH INCAPABILITY IS SUPPORTED
BY REGULARLY UPDATED INFORMATION IN THE CASE PLAN OF THE CHILD.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NO KINSHIP
GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS TITLE IF
THE SOCIAL SERVICES OFFICIAL DETERMINES THAT THE RELATIVE GUARDIAN IS NO
LONGER LEGALLY RESPONSIBLE FOR THE SUPPORT OF THE CHILD OR THE CHILD IS
NO LONGER RECEIVING ANY SUPPORT FROM SUCH GUARDIAN. IN ACCORDANCE WITH
THE REGULATIONS OF THE OFFICE, A RELATIVE GUARDIAN WHO HAS BEEN RECEIV-
ING KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER
THIS TITLE MUST KEEP THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL
BASIS, OF ANY CIRCUMSTANCES THAT WOULD MAKE THE RELATIVE GUARDIAN INELI-
GIBLE FOR SUCH PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT.
8. THE PLACEMENT OF THE CHILD WITH THE RELATIVE GUARDIAN AND ANY
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MADE ON BEHALF OF THE CHILD
UNDER THIS SECTION SHALL BE CONSIDERED NEVER TO HAVE BEEN MADE WHEN
DETERMINING THE ELIGIBILITY FOR ADOPTION SUBSIDY PAYMENTS UNDER TITLE
NINE OF THIS ARTICLE OF A CHILD IN SUCH LEGAL GUARDIANSHIP ARRANGEMENT.
S 458-C. PAYMENTS FOR NON-RECURRING GUARDIANSHIP EXPENSES. 1. A SOCIAL
SERVICES OFFICIAL SHALL MAKE PAYMENTS FOR NON-RECURRING GUARDIANSHIP
EXPENSES INCURRED BY OR ON BEHALF OF THE RELATIVES WHO HAVE BEEN
APPROVED BY THE SOCIAL SERVICES OFFICIAL TO RECEIVE KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS, WHEN SUCH EXPENSES ARE INCURRED IN CONNECTION WITH
ASSUMING THE GUARDIANSHIP OF A FOSTER CHILD. THE AGREEMENT FOR THE
PAYMENT OF NON-RECURRING GUARDIANSHIP EXPENSES MUST BE REFLECTED IN THE
WRITTEN AGREEMENT SET FORTH IN SUBDIVISION FOUR OF SECTION FOUR HUNDRED
FIFTY-EIGHT-B OF THIS TITLE. IN ACCORDANCE WITH SUBDIVISION TWO OF THIS
SECTION, THE PAYMENTS SHALL BE MADE BY THE SOCIAL SERVICES OFFICIAL
EITHER TO THE RELATIVE GUARDIAN OR GUARDIANS DIRECTLY OR TO AN ATTORNEY
ON BEHALF OF THE RELATIVE GUARDIAN OR GUARDIANS FOR THE ALLOWABLE AMOUNT
OF NON-RECURRING GUARDIANSHIP EXPENSES INCURRED IN CONNECTION WITH
OBTAINING SUCH GUARDIANSHIP.
2. THE AMOUNT OF THE PAYMENT MADE PURSUANT TO THIS SECTION SHALL NOT
EXCEED TWO THOUSAND DOLLARS FOR EACH FOSTER CHILD AND SHALL BE AVAILABLE
ONLY FOR THOSE EXPENSES THAT ARE DETERMINED TO BE ELIGIBLE FOR
REIMBURSEMENT BY THE SOCIAL SERVICES OFFICIAL IN ACCORDANCE WITH THE
REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
3. PAYMENTS FOR NON-RECURRING GUARDIANSHIP EXPENSES MADE BY A SOCIAL
SERVICES OFFICIAL PURSUANT TO THIS SECTION SHALL BE TREATED AS ADMINIS-
TRATIVE EXPENDITURES UNDER TITLE IV-E OF THE FEDERAL SOCIAL SECURITY ACT
AND SHALL BE REIMBURSED BY THE STATE ACCORDINGLY.
4. AS USED IN THIS SECTION, NON-RECURRING GUARDIANSHIP EXPENSES SHALL
MEAN REASONABLE AND NECESSARY FEES, COURT COSTS, ATTORNEY FEES, AND
OTHER EXPENSES WHICH ARE DIRECTLY RELATED TO OBTAINING LEGAL GUARDIAN-
SHIP OF AN ELIGIBLE CHILD AND WHICH ARE NOT INCURRED IN VIOLATION OF
FEDERAL LAW OR THE LAWS OF THIS STATE OR ANY OTHER STATE.
S 458-D. MEDICAL SUBSIDY. 1. ANY CHILD WITH RESPECT TO WHOM FEDERALLY
REIMBURSABLE KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS ARE MADE UNDER
S. 6607--A 133 A. 9707--A
THIS TITLE IS ELIGIBLE FOR MEDICAL ASSISTANCE UNDER TITLE XIX OF THE
FEDERAL SOCIAL SECURITY ACT.
2. IN ADDITION, A SOCIAL SERVICES OFFICIAL SHALL MAKE PAYMENTS FOR THE
COST OF CARE, SERVICES AND SUPPLIES PAYABLE UNDER THE STATE'S PROGRAM OF
MEDICAL ASSISTANCE FOR NEEDY PERSONS PROVIDED TO ANY CHILD FOR WHOM
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS ARE BEING MADE UNDER THIS TITLE
WHO IS NOT ELIGIBLE FOR MEDICAL ASSISTANCE UNDER SUBDIVISION ONE OF THIS
SECTION AND FOR WHOM THE RELATIVE GUARDIAN IS UNABLE TO OBTAIN MEDICAL
COVERAGE THROUGH ANY OTHER AVAILABLE MEANS, REGARDLESS OF WHETHER THE
CHILD OTHERWISE QUALIFIES FOR MEDICAL ASSISTANCE FOR NEEDY PERSONS.
PAYMENTS PURSUANT TO THIS SUBDIVISION SHALL BE MADE ONLY WITH RESPECT TO
THE COST OF CARE, SERVICES, AND SUPPLIES WHICH ARE NOT OTHERWISE COVERED
OR SUBJECT TO PAYMENT OR REIMBURSEMENT BY INSURANCE, MEDICAL ASSISTANCE
OR OTHER SOURCES. PAYMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL ONLY
BE MADE IF THE RELATIVE GUARDIAN APPLIES TO OBTAIN SUCH MEDICAL COVERAGE
FOR THE CHILD FROM ALL AVAILABLE SOURCES, UNLESS THE SOCIAL SERVICES
OFFICIAL DETERMINES THAT THE RELATIVE GUARDIAN HAS GOOD CAUSE FOR NOT
APPLYING FOR SUCH COVERAGE.
3. PAYMENTS PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL BE MADE
TO, OR ON BEHALF OF, THE RELATIVE GUARDIAN OR GUARDIANS OF THE CHILD AND
SHALL BE MADE WITHOUT REGARD TO THE FINANCIAL NEED OF SUCH PERSON OR
PERSONS.
4. AN APPLICATION FOR PAYMENTS UNDER THIS SECTION SHALL BE MADE PRIOR
TO THE ISSUANCE OF LETTERS OF GUARDIANSHIP FOR THE CHILD. AN APPROVAL OF
AN APPLICATION FOR PAYMENTS UNDER THIS SECTION SHALL NOT BE SUBJECT TO
ANNUAL REVIEW BY THE SOCIAL SERVICES OFFICIAL, AND SUCH APPROVAL SHALL
REMAIN IN EFFECT FOR AS LONG AS KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
ARE BEING MADE UNDER THIS TITLE FOR THE CHILD. APPLICATIONS FOR SUCH
PAYMENTS SHALL BE ACCEPTED PRIOR TO THE ISSUANCE OF LETTERS OF GUARDIAN-
SHIP OF THE CHILD, AND APPROVAL THEREOF MAY BE GRANTED CONTINGENT UPON
SUCH ISSUANCE.
S 458-E. INDEPENDENT LIVING SERVICES. IN ACCORDANCE WITH REGULATIONS
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, ANY CHILD WHO LEAVES
FOSTER CARE FOR GUARDIANSHIP WITH A RELATIVE AFTER ATTAINING SIXTEEN
YEARS OF AGE FOR WHOM KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS ARE BEING
MADE UNDER THIS TITLE SHALL BE ELIGIBLE:
1. TO RECEIVE THOSE INDEPENDENT LIVING SERVICES THAT ARE MADE AVAIL-
ABLE BY THE SOCIAL SERVICES DISTRICT TO FOSTER CHILDREN PURSUANT TO
SECTION 477 OF THE FEDERAL SOCIAL SECURITY ACT; AND
2. TO APPLY FOR EDUCATIONAL AND TRAINING VOUCHERS MADE AVAILABLE
PURSUANT TO SUCH SECTION, WHICH WILL BE AWARDED BASED ON THE PRIORITIES
ESTABLISHED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE AMOUNT
OF FUNDS MADE AVAILABLE THEREFOR.
S 458-F. FAIR HEARINGS. 1. ANY PERSON AGGRIEVED BY THE DECISION OF A
SOCIAL SERVICES OFFICIAL NOT TO MAKE A PAYMENT OR PAYMENTS PURSUANT TO
THIS TITLE OR TO MAKE SUCH PAYMENT OR PAYMENTS IN AN INADEQUATE OR INAP-
PROPRIATE AMOUNT OR THE FAILURE OF A SOCIAL SERVICES OFFICIAL TO DETER-
MINE AN APPLICATION UNDER THIS TITLE WITHIN THIRTY DAYS AFTER FILING,
MAY APPEAL TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, WHICH SHALL
REVIEW THE CASE AND GIVE SUCH PERSON AN OPPORTUNITY FOR A FAIR HEARING
THEREON. ALL DECISIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
SHALL BE BINDING UPON THE SOCIAL SERVICES DISTRICT INVOLVED AND SHALL BE
COMPLIED WITH BY THE SOCIAL SERVICES OFFICIAL THEREOF.
2. THE ONLY ISSUES WHICH MAY BE RAISED IN A FAIR HEARING UNDER THIS
SECTION ARE: (A) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY
DENIED AN APPLICATION FOR PAYMENTS UNDER THIS TITLE; (B) WHETHER THE
S. 6607--A 134 A. 9707--A
SOCIAL SERVICES OFFICIAL HAS IMPROPERLY DISCONTINUED PAYMENTS UNDER THIS
TITLE; OR (C) WHETHER THE SOCIAL SERVICES OFFICIAL HAS DETERMINED THE
AMOUNT OF THE PAYMENTS MADE OR TO BE MADE IN VIOLATION OF THE PROVISIONS
OF THIS TITLE OR THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES PROMULGATED HEREUNDER.
3. THE PROVISIONS OF SUBDIVISIONS TWO AND FOUR OF SECTION TWENTY-TWO
OF THIS CHAPTER SHALL APPLY TO FAIR HEARINGS HELD AND APPEALS TAKEN
PURSUANT TO THIS SECTION.
S 458-G. STATE REIMBURSEMENT. 1. KINSHIP GUARDIANSHIP ASSISTANCE
PAYMENTS, NON-RECURRING GUARDIANSHIP EXPENSES AND EXPENDITURES FOR THE
ADMINISTRATION OF THE KINSHIP GUARDIANSHIP ASSISTANCE PROGRAM MADE BY
SOCIAL SERVICES OFFICIALS PURSUANT TO THE PROVISIONS OF THIS TITLE
SHALL, IF APPROVED BY THE OFFICE, BE SUBJECT TO REIMBURSEMENT BY THE
STATE, IN ACCORDANCE WITH THE REGULATIONS OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES AS FOLLOWS: THERE SHALL BE PAID TO EACH SOCIAL SERVICES
DISTRICT (A) THE AMOUNT OF FEDERAL FUNDS, IF ANY, PROPERLY RECEIVED OR
TO BE RECEIVED ON ACCOUNT OF SUCH PAYMENTS; AND (B) EXCEPT AS SET FORTH
IN PARAGRAPH (C) OF THIS SUBDIVISION, SUCH PAYMENTS SHALL BE SUBJECT TO
STATE REIMBURSEMENT UNDER THE STATE FOSTER CARE BLOCK GRANT ESTABLISHED
PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-THREE-K OF THIS
CHAPTER, AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL FUNDS PROPERLY
RECEIVED OR TO BE RECEIVED ON ACCOUNT THEREOF; OR (C) ONE HUNDRED PER
CENTUM OF SUCH PAYMENTS AFTER FIRST DEDUCTING THEREFROM ANY FEDERAL
FUNDS PROPERLY TO BE RECEIVED ON ACCOUNT OF SUCH PAYMENTS, FOR CHILDREN
WHO HAD BEEN PLACED IN FOSTER CARE WITH THE RELATIVE GUARDIAN BY AN
INDIAN TRIBE AS REFERENCED IN SUBDIVISION FIVE OF SECTION FOUR HUNDRED
FIFTY-EIGHT-A OF THIS TITLE.
2. (A) CLAIMS FOR STATE REIMBURSEMENT SHALL BE MADE IN SUCH FORM AND
MANNER AND AT SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE OF CHILDREN
AND FAMILY SERVICES SHALL DETERMINE.
(B) WHEN CERTIFIED BY THE DEPARTMENT, STATE REIMBURSEMENT SHALL BE
PAID FROM THE STATE TREASURY UPON THE AUDIT AND WARRANT OF THE COMP-
TROLLER OUT OF FUNDS MADE AVAILABLE THEREFOR.
S 5. Section 657 of the family court act is amended by adding a new
subdivision (c) to read as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
PERSONS POSSESSING A LAWFUL ORDER OF GUARDIANSHIP OF A CHILD SHALL HAVE
THE RIGHT AND RESPONSIBILITY TO MAKE DECISIONS, INCLUDING ISSUING ANY
NECESSARY CONSENTS, REGARDING THE CHILD'S PROTECTION, EDUCATION, CARE
AND CONTROL, HEALTH AND MEDICAL NEEDS, AND THE PHYSICAL CUSTODY OF THE
PERSON OF THE CHILD. PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVI-
SION SHALL BE CONSTRUED TO LIMIT THE ABILITY OF A CHILD TO CONSENT TO
HIS OR HER OWN MEDICAL CARE AS MAY BE OTHERWISE PROVIDED BY LAW.
S 6. Section 661 of the family court act is amended by adding a new
subdivision (c) to read as follows:
(C) SPECIAL PROVISIONS IN RELATION TO GUARDIANSHIP OF A FOSTER CHILD.
WHERE THE PERMANENCY GOAL FOR A FOSTER CHILD WHO IS THE SUBJECT OF A
PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT IS REFERRAL FOR LEGAL
GUARDIANSHIP, A PETITION UNDER THIS ARTICLE FILED BY A FIT AND WILLING
RELATIVE OR OTHER SUITABLE PERSON SHALL BE FILED WITH THE COURT BEFORE
WHOM THE MOST RECENT PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THIS ACT
IS PENDING. THE COURT PRESIDING OVER THE PROCEEDING PURSUANT TO ARTICLE
TEN OR TEN-A OF THIS ACT MAY CONSOLIDATE THE HEARING OF THE GUARDIANSHIP
PETITION FILED BY SUCH RELATIVE OR OTHER SUITABLE PERSON WITH THE DISPO-
SITIONAL HEARING UNDER ARTICLE TEN OF THIS ACT OR A PERMANENCY HEARING
UNDER ARTICLE TEN-A OF THIS ACT, AS APPLICABLE. IN GRANTING SUCH A PETI-
S. 6607--A 135 A. 9707--A
TION, THE COURT MUST MAKE SUCH ORDER IN ACCORDANCE WITH THE PROCEDURES
AND MAKE THE FINDINGS ENUMERATED IN SECTION ONE THOUSAND FIFTY-FIVE-B OR
ONE THOUSAND EIGHTY-NINE-A OF THIS ACT, AS APPLICABLE.
S 7. Section 1055-b of the family court act, as added by chapter 519
of the laws of 2008, is amended to read as follows:
S 1055-b. Custody or guardianship with relatives or suitable persons
pursuant to article six of this act OR GUARDIANSHIP WITH SUCH A PERSON
PURSUANT TO ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT.
(a) At the conclusion of the dispositional hearing under this article,
the court may enter an order of disposition granting custody or guardi-
anship of the child to a relative or OTHER suitable person under article
six of this act OR AN ORDER OF GUARDIANSHIP OF THE CHILD TO SUCH A
PERSON UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT
if:
(i) the relative or suitable person has filed a petition for custody
or guardianship of the child pursuant to article six of this act OR A
PETITION FOR GUARDIANSHIP OF THE CHILD UNDER ARTICLE SEVENTEEN OF THE
SURROGATE'S COURT PROCEDURE ACT; and
(ii) the court finds that granting custody or guardianship of the
child to the relative or suitable person is in the best interests of the
child and that the safety of the child will not be jeopardized if the
respondent or respondents under the child protective proceeding are no
longer under supervision or receiving services. IN DETERMINING WHETHER
THE BEST INTERESTS OF THE CHILD WILL BE PROMOTED BY THE GRANTING OF
GUARDIANSHIP OF THE CHILD TO A RELATIVE WHO HAS CARED FOR THE CHILD AS A
FOSTER PARENT, THE COURT SHALL GIVE DUE CONSIDERATION TO THE PERMANENCY
GOAL OF THE CHILD, THE RELATIONSHIP BETWEEN THE CHILD AND THE RELATIVE,
AND WHETHER THE RELATIVE AND THE SOCIAL SERVICES DISTRICT HAVE ENTERED
INTO AN AGREEMENT TO PROVIDE KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS
FOR THE CHILD TO THE RELATIVE UNDER TITLE TEN OF ARTICLE SIX OF THE
SOCIAL SERVICES LAW; and
(iii) the court finds that granting custody or guardianship of the
child to the relative or suitable person under article six of this act
OR GRANTING GUARDIANSHIP OF THE CHILD TO THE RELATIVE OR OTHER SUITABLE
PERSON UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT
will provide the child with a safe and permanent home; and
(iv) all parties to the child protective proceeding consent to the
granting of custody or guardianship under article six of this act OR THE
GRANTING OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S
COURT PROCEDURE ACT; or
(v) after a consolidated dispositional hearing on the child protective
petition and the petition under article six of this act OR UNDER ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT;
(A) if a parent or parents fail to [contest] CONSENT TO the granting
of custody or guardianship under article six of this act OR THE GRANTING
OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCE-
DURE ACT, the court finds that extraordinary circumstances exist that
support granting an order of custody or guardianship [under article six
of this act]; PROVIDED, HOWEVER, THAT WHERE THE PROSPECTIVE RELATIVE
GUARDIAN AND THE SOCIAL SERVICES DISTRICT HAVE ENTERED INTO AN AGREEMENT
TO PROVIDE KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS FOR THE CHILD TO THE
RELATIVE UNDER TITLE TEN OF ARTICLE SIX OF THE SOCIAL SERVICES LAW PRIOR
TO THE ORDER FINDING THAT THE CHILD IS AN ABUSED OR NEGLECTED CHILD
UNDER SECTION ONE THOUSAND FIFTY-ONE OF THIS PART, THE COURT MAY ENTER
AN ORDER OF DISPOSITION GRANTING GUARDIANSHIP OF THE CHILD TO THE RELA-
S. 6607--A 136 A. 9707--A
TIVE ONLY IF THE PARENT OR PARENTS CONSENT TO THE GRANTING OF GUARDIAN-
SHIP; or
(B) if a party other than the parent [of] OR parents fail to consent
to the granting of custody or guardianship under article six of this act
OR THE GRANTING OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURRO-
GATE'S COURT PROCEDURE ACT, the court finds that granting custody or
guardianship of the child to the relative or suitable person is in the
best interests of the child.
(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section and shall constitute the final disposition of the child
protective proceeding. Notwithstanding any other provision of law, the
court shall not issue an order of supervision nor may the court require
the local department of social services to provide services to the
respondent or respondents when granting custody or guardianship pursuant
to article six of this act under this section OR GRANTING GUARDIANSHIP
UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT.
(c) As part of the order granting custody or guardianship pursuant to
article six of this act OR GRANTING GUARDIANSHIP UNDER ARTICLE SEVENTEEN
OF THE SURROGATE'S COURT PROCEDURE ACT, the court may require that the
local department of social services and the [law guardian] ATTORNEY for
the child receive notice of, and be made parties to, any subsequent
proceeding to modify the order of custody or guardianship granted pursu-
ant to the article six proceeding OR THE ORDER OF GUARDIANSHIP GRANTED
PURSUANT TO ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT;
PROVIDED, HOWEVER, IF THE GUARDIAN AND THE LOCAL DEPARTMENT OF SOCIAL
SERVICES HAD ENTERED INTO AN AGREEMENT TO PROVIDE KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS FOR THE CHILD TO THE RELATIVE UNDER TITLE TEN OF
ARTICLE SIX OF THE SOCIAL SERVICES LAW, THE ORDER MUST REQUIRE THAT THE
LOCAL DEPARTMENT OF SOCIAL SERVICES AND THE ATTORNEY FOR THE CHILD
RECEIVE NOTICE OF, AND BE MADE PARTIES TO, ANY SUCH SUBSEQUENT PROCEED-
ING REGARDING CUSTODY OR GUARDIANSHIP OF THE CHILD.
(d) An order entered in accordance with this section shall conclude
the court's jurisdiction over the proceeding held pursuant to this arti-
cle and the court shall not maintain jurisdiction over the parties for
the purposes of permanency hearings held pursuant to article ten-A of
this act.
(E) IF THE YOUTH IS OVER THE AGE OF FOURTEEN YEARS, THE COURT SHALL
ASCERTAIN HIS OR HER PREFERENCE FOR A SUITABLE GUARDIAN. NOTWITHSTAND-
ING ANY OTHER SECTION OF LAW, WHERE THE YOUTH IS OVER THE AGE OF EIGH-
TEEN, HE OR SHE SHALL CONSENT TO THE APPOINTMENT OF A SUITABLE GUARDIAN.
S 8. Section 1089-a of the family court act, as added by chapter 519
of the laws of 2008, is amended to read as follows:
S 1089-a. Custody or guardianship with relatives or suitable persons
pursuant to article six of this act OR GUARDIANSHIP PURSUANT TO ARTICLE
SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT. (a) Where the perman-
ency plan is placement with a fit and willing relative, the court may
issue an order of custody or guardianship in response to a petition
filed by a relative or suitable person seeking custody or guardianship
of the child under article six of this act OR AN ORDER OF GUARDIANSHIP
OF THE CHILD UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE
ACT at a permanency hearing held pursuant to this article and terminate
[the order] ALL PENDING ORDERS ISSUED pursuant to article ten of this
act if:
(i) the court finds that granting custody or guardianship of the child
to the relative or suitable person is in the best interests of the child
S. 6607--A 137 A. 9707--A
and that the termination of the order placing the child pursuant to
article ten of this act will not jeopardize the safety of the child. IN
DETERMINING WHETHER THE BEST INTERESTS OF THE CHILD WILL BE PROMOTED BY
THE GRANTING OF GUARDIANSHIP OF THE CHILD TO A RELATIVE WHO HAS CARED
FOR THE CHILD AS A FOSTER PARENT, THE COURT SHALL GIVE DUE CONSIDERATION
TO THE PERMANENCY GOAL OF THE CHILD, THE RELATIONSHIP BETWEEN THE CHILD
AND THE RELATIVE, AND WHETHER THE RELATIVE AND THE LOCAL DEPARTMENT OF
SOCIAL SERVICES HAVE ENTERED INTO AN AGREEMENT TO PROVIDE KINSHIP GUAR-
DIANSHIP ASSISTANCE PAYMENTS FOR THE CHILD TO THE RELATIVE UNDER TITLE
TEN OF ARTICLE SIX OF THE SOCIAL SERVICES LAW; and
(ii) the court finds that granting custody or guardianship of the
child to the relative or suitable person will provide the child with a
safe and permanent home; and
(iii) [the parents, the law guardian for the child, the local depart-
ment of social services, and the foster parent of the child who has been
the foster parent for the child for one year or more] ALL PARTIES TO THE
PERMANENCY HEARING consent to the issuance of an order of custody or
guardianship under article six of this act OR THE GRANTING OF GUARDIAN-
SHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT and
the termination of the order of placement pursuant to article ten of
this act; or
(iv) after a consolidated hearing on the permanency of the child and
the petition under article six of this act OR ARTICLE SEVENTEEN OF THE
SURROGATE'S COURT PROCEDURE ACT;
(A) if a parent [of] OR parents fail to consent to the granting of
custody or guardianship under article six of this act OR THE GRANTING OF
GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE
ACT, the court finds that extraordinary circumstances exist that support
granting an order of custody or guardianship under article six of this
act OR THE GRANTING OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE
SURROGATE'S COURT PROCEDURE ACT; or
(B) [if the local department of social services, the law guardian for
the child, or the foster parent of the child who has been the foster
parent for the child for one year or more] IF A PARTY OTHER THAN THE
PARENT OR PARENTS fail to consent to the granting of custody or guardi-
anship under article six of this act OR THE GRANTING OF GUARDIANSHIP
UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S COURT PROCEDURE ACT, the
court finds that granting custody or guardianship of the child to the
relative or suitable person is in the best interests of the child.
(b) An order made in accordance with the provisions of this section
shall set forth the required findings as described in subdivision (a) of
this section and shall result in the termination of any orders in effect
pursuant to article ten of this act or pursuant to this article.
Notwithstanding any other provision of law, the court shall not issue an
order of supervision nor may the court require the local department of
social services to provide services to the respondent or respondents
when granting custody or guardianship pursuant to article six of this
act OR THE GRANTING OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE
SURROGATE'S COURT PROCEDURE ACT in accordance with this section.
(c) As part of the order granting custody or guardianship to the rela-
tive or suitable person pursuant to article six of this act OR THE
GRANTING OF GUARDIANSHIP UNDER ARTICLE SEVENTEEN OF THE SURROGATE'S
COURT PROCEDURE ACT, the court may require that the local department of
social services and the [law guardian] ATTORNEY for the child receive
notice of, and be made parties to, any subsequent proceeding to modify
the order of custody or guardianship granted pursuant to the article six
S. 6607--A 138 A. 9707--A
proceeding; PROVIDED, HOWEVER, IF THE GUARDIAN AND THE LOCAL DEPARTMENT
OF SOCIAL SERVICES HAVE ENTERED INTO AN AGREEMENT TO PROVIDE KINSHIP
GUARDIANSHIP ASSISTANCE PAYMENTS FOR THE CHILD TO THE RELATIVE UNDER
TITLE TEN OF ARTICLE SIX OF THE SOCIAL SERVICES LAW, THE ORDER MUST
REQUIRE THAT THE LOCAL DEPARTMENT OF SOCIAL SERVICES AND THE ATTORNEY
FOR THE CHILD RECEIVE NOTICE OF, AND BE MADE PARTIES TO, ANY SUCH SUBSE-
QUENT PROCEEDING INVOLVING CUSTODY OR GUARDIANSHIP OF THE CHILD.
(d) Any order entered pursuant to this section shall conclude the
court's jurisdiction over the article ten proceeding and the court shall
not maintain jurisdiction over the proceeding for further permanency
hearings.
(E) IF THE YOUTH IS OVER THE AGE OF FOURTEEN YEARS, THE COURT SHALL
ASCERTAIN HIS OR HER PREFERENCE FOR A SUITABLE GUARDIAN OR CUSTODIAN.
NOTWITHSTANDING ANY OTHER SECTION OF LAW, WHERE THE YOUTH IS OVER THE
AGE OF EIGHTEEN, HE OR SHE SHALL CONSENT TO THE APPOINTMENT OF A SUIT-
ABLE GUARDIAN OR CUSTODIAN.
S 9. Section 1702 of the surrogate's court procedure act is amended by
adding a new subdivision 3 to read as follows:
3. WHERE THE PERMANENCY GOAL FOR A FOSTER CHILD WHO IS THE SUBJECT OF
A PROCEEDING UNDER ARTICLE TEN OR TEN-A OF THE FAMILY COURT ACT IS
REFERRAL FOR LEGAL GUARDIANSHIP, A PETITION FILED UNDER THIS ARTICLE BY
A FIT AND WILLING RELATIVE OR OTHER SUITABLE PERSON SHALL BE FILED WITH
THE COURT BEFORE WHOM THE MOST RECENT PROCEEDING UNDER ARTICLE TEN OR
TEN-A OF THE FAMILY COURT ACT IS PENDING.
S 10. Subdivision 1 of section 1706 of the surrogate's court procedure
act, as amended by chapter 404 of the laws of 2008, is amended to read
as follows:
1. Where process is not issued or upon the return of process, the
court shall ascertain the age of the infant, the amount of his or her
personal property, the gross amount of the rents and profits of his or
her real estate during his or her minority and the sufficiency of the
security offered by the proposed guardian. With respect to applications
for appointment as a [permanent] guardian of a child, the [permanent]
guardian shall have the right and responsibility to make decisions,
including issuing any necessary consents, regarding the child's
protection, education, care and control, health and medical needs, and
the physical custody of the person of the child[, and]. A PERMANENT
GUARDIAN may consent to the adoption of the child. Provided, however,
that nothing in this subdivision shall be construed to limit the ability
of a child to consent to his or her own medical care as may be otherwise
provided by law. If the [infant] YOUTH is over the age of fourteen
years, the court shall ascertain his or her preference for a suitable
guardian. Notwithstanding any other section of law, where the [infant]
YOUTH is over the age of eighteen, [the infant] HE OR SHE shall consent
to the appointment of a suitable guardian.
S 11. Subdivision 2 of section 1707 of the surrogate's court procedure
act, as amended by chapter 404 of the laws of 2008, is amended to read
as follows:
2. The term of office of a guardian of the person or property so
appointed expires when the infant attains majority, unless the infant
consents to the continuation of or appointment of a guardian after his
or her eighteenth birthday, in which case such term of office expires on
his or her twenty-first birthday, or after such other shorter period as
the court establishes upon good cause shown; except that the term of
office of a guardian of the person of an infant expires upon the
infant's marriage prior to attaining majority. The appointment of a
S. 6607--A 139 A. 9707--A
[permanent] guardian of a child shall expire when the infant or child
reaches the age of eighteen years, unless the infant or child consents
to the continuation of a guardian after his or her eighteenth birthday,
in which case such term of office expires on his or her twenty-first
birthday, or unless vacated by the court prior to the infant or child's
eighteenth or twenty-first birthday if the court finds that, based upon
clear and convincing evidence, the guardian failed to or is unable,
unavailable or unwilling to provide proper care and custody of the
infant or child, or that the guardianship is no longer in the best
interests of the infant or child. THE COURT SHALL PROVIDE IN ITS ORDER
APPOINTING A GUARDIAN OF A CHILD FOR WHOM THE GUARDIAN AND A LOCAL
DEPARTMENT OF SOCIAL SERVICES HAVE ENTERED INTO AN AGREEMENT UNDER TITLE
TEN OF ARTICLE SIX OF THE SOCIAL SERVICES LAW THAT THE LOCAL DEPARTMENT
OF SOCIAL SERVICES AND THE ATTORNEY FOR THE CHILD MUST RECEIVE NOTICE
OF, AND BE MADE PARTIES TO, ANY SUBSEQUENT PROCEEDING TO VACATE OR MODI-
FY THE ORDER OF GUARDIANSHIP.
S 12. This act shall take effect January 1, 2011; provided, however,
that the amendments to paragraph (a) of subdivision 2 of section 153-k
of the social services law made by section one of this act shall not
affect the repeal of such section and shall be deemed repealed there-
with, and provided, further, however, that effective immediately, the
addition, amendment or repeal of any rule or regulation necessary for
the implementation of the kinship guardianship assistance program as
authorized under this act on its effective date are authorized and
directed to be made and completed on or before such effective date.
PART AA
Section 1. The family court act is amended by adding a new section 654
to read as follows:
S 654. COURT ORDERED INVESTIGATIONS. IF A FAMILY COURT JUDGE HAS
REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISION (E) AND
(F) OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER
THE CHILD PROTECTIVE SERVICE OF THE APPROPRIATE SOCIAL SERVICES DISTRICT
TO CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED BY THE
SOCIAL SERVICES LAW AND REPORT ITS FINDINGS TO THE COURT. THE COURT
SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT A
CHILD MAY BE AN ABUSED OR NEGLECTED CHILD. THE TIMEFRAME FOR COMPLETION
OF SUCH INVESTIGATION SHALL NOT BE LESS THAN THAT PROVIDED UNDER SECTION
FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW. THE COURT MAY
DIRECT THAT THE CHILD PROTECTIVE SERVICES PROVIDE THE COURT WITH THE
SEVEN-DAY PRELIMINARY WRITTEN REPORT OF THE INITIAL INVESTIGATION FROM
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
SERVICES LAW.
S 2. The family court act is amended by adding a new section 662-a to
read as follows:
S 662-A. COURT ORDERED INVESTIGATIONS. IF A FAMILY COURT JUDGE HAS
REASONABLE CAUSE TO SUSPECT THAT A CHILD IN A PROCEEDING UNDER THIS PART
MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVISION (E) AND
(F) OF SECTION ONE THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER
THE CHILD PROTECTIVE SERVICE OF THE APPROPRIATE SOCIAL SERVICES DISTRICT
TO CONDUCT A CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED BY THE
SOCIAL SERVICES LAW AND REPORT ITS FINDINGS TO THE COURT. THE COURT
SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT A
CHILD MAY BE AN ABUSED OR NEGLECTED CHILD. THE TIMEFRAME FOR COMPLETION
S. 6607--A 140 A. 9707--A
OF SUCH INVESTIGATION SHALL NOT BE LESS THAN THAT PROVIDED UNDER SECTION
FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW. THE COURT MAY
DIRECT THAT THE CHILD PROTECTIVE SERVICES PROVIDE THE COURT WITH THE
SEVEN-DAY PRELIMINARY WRITTEN REPORT OF THE INITIAL INVESTIGATION FROM
SUBDIVISION THREE OF SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL
SERVICES LAW.
S 3. Section 716 of the family court act, as amended by chapter 398 of
the laws of 1983, is amended to read as follows:
S 716. Substitution of petition. On its own motion and at any time in
the proceedings, the court may substitute a neglect petition under arti-
cle ten for a petition to determine whether a person is in need of
supervision. IF A FAMILY COURT JUDGE HAS REASONABLE CAUSE TO SUSPECT
THAT A CHILD IN A PROCEEDING UNDER THIS PART MAY BE AN ABUSED OR
NEGLECTED CHILD AS DEFINED IN SUBDIVISION (E) AND (F) OF SECTION ONE
THOUSAND TWELVE OF THIS CHAPTER, THE COURT MAY ORDER THE CHILD PROTEC-
TIVE SERVICE OF THE APPROPRIATE SOCIAL SERVICES DISTRICT TO CONDUCT A
CHILD PROTECTIVE INVESTIGATION ONLY AS DESCRIBED BY THE SOCIAL SERVICES
LAW AND REPORT ITS FINDINGS TO THE COURT. THE COURT SHALL SET FORTH IN
SUCH ORDER THE REASONABLE CAUSE TO SUSPECT THAT A CHILD MAY BE AN ABUSED
OR NEGLECTED CHILD. THE TIMEFRAME FOR COMPLETION OF SUCH INVESTIGATION
SHALL NOT BE LESS THAN THAT PROVIDED UNDER SECTION FOUR HUNDRED TWENTY-
FOUR OF THE SOCIAL SERVICES LAW. THE COURT MAY DIRECT THAT THE CHILD
PROTECTIVE SERVICES PROVIDE THE COURT WITH THE SEVEN-DAY PRELIMINARY
WRITTEN REPORT OF THE INITIAL INVESTIGATION FROM SUBDIVISION THREE OF
SECTION FOUR HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
S 4. Subdivision 1 of section 1034 of the family court act, as amended
by chapter 627 of the laws of 1978 and the opening paragraph as amended
by chapter 329 of the laws of 2009, is amended to read as follows:
1. [A] (A) IF A family court judge HAS REASONABLE CAUSE TO SUSPECT
THAT A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD AS DEFINED IN SUBDIVI-
SION (E) AND (F) OF SECTION ONE THOUSAND TWELVE OF THIS ARTICLE, THE
COURT may order the child protective service of the appropriate social
services district to conduct a child protective investigation ONLY as
described by the social services law and report its findings to the
court:
[(a)] (I) in any proceedings under this article, or
[(b)] (II) in ANY PROCEEDING UNDER PART THREE OR FOUR OF ARTICLE SIX
OR UNDER ARTICLE SEVEN OF THIS CHAPTER, IN order to determine whether a
proceeding under this article should be initiated.
(B) THE COURT SHALL SET FORTH IN SUCH ORDER THE REASONABLE CAUSE TO
SUSPECT THAT A CHILD MAY BE AN ABUSED OR NEGLECTED CHILD.
(C) THE TIMEFRAME FOR COMPLETION OF SUCH INVESTIGATION SHALL NOT BE
LESS THAN THAT PROVIDED UNDER SECTION FOUR HUNDRED TWENTY-FOUR OF THE
SOCIAL SERVICES LAW. THE COURT MAY DIRECT THAT THE CHILD PROTECTIVE
SERVICES PROVIDE THE COURT WITH THE SEVEN-DAY PRELIMINARY WRITTEN REPORT
OF THE INITIAL INVESTIGATION FROM SUBDIVISION THREE OF SECTION FOUR
HUNDRED TWENTY-FOUR OF THE SOCIAL SERVICES LAW.
S 5. This act shall take effect on the thirtieth day after it shall
have become a law.
PART BB
Section 1. The family court act is amended by adding a new section 159
to read as follows:
S 159. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS, OR
OTHER ELECTRONIC MEANS. (A) WHERE THE COURT HAS GRANTED AN APPLICATION
S. 6607--A 141 A. 9707--A
TO PERMIT A PARTY OR INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTI-
FY BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS IN ACCORDANCE
WITH THE PROVISIONS OF SECTION 302.4, SIX HUNDRED TWENTY-FOUR-A, SEVEN
HUNDRED NINETEEN, ONE THOUSAND NINETEEN OR ONE THOUSAND EIGHTY-SIX-A OF
THIS CHAPTER, OR THE PROVISIONS OF SECTION THREE HUNDRED EIGHTY-FOUR-B
OF THE SOCIAL SERVICES LAW, ANY TESTIMONY TAKEN BY TELEPHONIC, AUDIO-VI-
SUAL, OR OTHER ELECTRONIC MEANS SHALL BE RECORDED AND PRESERVED FOR
TRANSCRIPTION.
(B) WHERE A PARTY, AN INTERESTED PERSON OR WITNESS TESTIFIES BY TELE-
PHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS DOCUMENTARY EVIDENCE
REFERRED TO BY A PARTY, AN INTERESTED PERSON, A WITNESS OR THE COURT MAY
BE TRANSMITTED BY FACSIMILE, TELECOPIER, OR OTHER ELECTRONIC MEANS AND
MAY NOT BE EXCLUDED FROM EVIDENCE BY REASON OF AN OBJECTION BASED ON THE
MEANS OF TRANSMISSION OR THE FACT THAT THE ORIGINAL DOCUMENT IS NOT
BEFORE THE COURT.
(C) THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES TO
FACILITATE THE TAKING OF TESTIMONY BY TELEPHONIC, AUDIO-VISUAL OR OTHER
ELECTRONIC MEANS AND THE TRANSMISSION OF DOCUMENTARY EVIDENCE BY FACSIM-
ILE, TELECOPIER OR OTHER ELECTRONIC MEANS.
S 2. The family court act is amended by adding a new section 302.4 to
read as follows:
S 302.4. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
CY HEARING BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS, AS
AVAILABLE, AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION
WHERE:
1. SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
2. SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
3. THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
4. ALL PARTIES CONCUR; OR
5. OTHER GOOD CAUSE IS SHOWN.
S 3. The family court act is amended by adding a new section 624-a to
read as follows:
S 624-A. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
COURT MAY PERMIT AN INCARCERATED PARENT OR GUARDIAN TO ATTEND OR TESTIFY
BY TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC MEANS, AS AVAILABLE, AT
A FACT-FINDING HEARING IN ACCORDANCE WITH THIS PART WHERE:
(I) THE COURT RECEIVES PROOF OF: (A) PROPER SERVICE UPON THE PARENT OR
GUARDIAN OF THE PETITION TO TERMINATE PARENTAL RIGHTS OF SUCH PARENT OR
GUARDIAN; AND (B) THAT REASONABLE AND SUBSTANTIAL EFFORTS TO SECURE THE
PRESENCE OF THE INCARCERATED PARENT OR GUARDIAN AT SUCH PROCEEDING WERE
MADE; AND
(II) THE INCARCERATED PARENT OR GUARDIAN (A) IS REPRESENTED BY COUN-
SEL; (B) IS AFFORDED THE OPPORTUNITY TO HAVE A PERSONAL REPRESENTATIVE
PRESENT AT SUCH PROCEEDING; AND (C) HAS ELECTED IN WRITING OR ON THE
RECORD TO APPEAR BY SUCH TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC
MEANS AS ARE AVAILABLE.
S. 6607--A 142 A. 9707--A
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO CREATE ANY RIGHT BEYOND
THAT SET FORTH IN SECTION TWO HUNDRED SIXTY-TWO OF THIS ACT TO REPRESEN-
TATION BY COUNSEL IN TERMINATION OF PARENTAL RIGHTS PROCEEDINGS.
(B) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY PERMIT A
PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTIFY BY
TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS AVAILABLE, AT A
DISPOSITIONAL HEARING AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE
LOCATION WHERE:
(I) SUCH PARTY, INTERESTED PERSON, OR WITNESS RESIDES IN A COUNTY
OTHER THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
(II) SUCH PARTY, INTERESTED PERSON, OR WITNESS IS PRESENTLY INCARCER-
ATED AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHED-
ULED TO BE HEARD;
(III) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
(IV) ALL PARTIES CONCUR; OR
(V) OTHER GOOD CAUSE IS SHOWN.
S 4. The family court act is amended by adding a new section 719 to
read as follows:
S 719. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY AT A PRELIMINARY COURT PROCEEDING, DISPOSITIONAL OR PERMANEN-
CY HEARING BY TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS
AVAILABLE, AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION
WHERE:
(A) SUCH PARTY, INTERESTED PERSON, OR WITNESS RESIDES IN A COUNTY
OTHER THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
(B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
(C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
(D) ALL PARTIES CONCUR; OR
(E) OTHER GOOD CAUSE IS SHOWN.
S 5. The family court act is amended by adding a new section 1019 to
read as follows:
S 1019. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY, AT A PRELIMINARY COURT PROCEEDING OR DISPOSITIONAL HEARING
BY TELEPHONIC, AUDIO-VISUAL OR OTHER ELECTRONIC MEANS, AS AVAILABLE, AT
A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE LOCATION WHERE:
(A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
(B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
(C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON, OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
(D) ALL PARTIES CONCUR; OR
(E) OTHER GOOD CAUSE IS SHOWN.
S. 6607--A 143 A. 9707--A
S 6. The family court act is amended by adding a new section 1086-a to
read as follows:
S 1086-A. TESTIMONY AND ATTENDANCE BY TELEPHONE, AUDIO-VISUAL MEANS OR
OTHER ELECTRONIC MEANS. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE
COURT MAY PERMIT A PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS
TO TESTIFY AT, SUCH PERMANENCY HEARING BY TELEPHONIC, AUDIO-VISUAL OR
OTHER ELECTRONIC MEANS, AS AVAILABLE, AT A DESIGNATED FAMILY COURT OR
OTHER ACCEPTABLE LOCATION WHERE:
(A) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
(B) SUCH PARTY, INTERESTED PERSON OR WITNESS IS PRESENTLY INCARCERATED
AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHEDULED TO
BE HEARD;
(C) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
(D) THE PARTIES CONCUR; OR
(E) OTHER GOOD CAUSE IS SHOWN.
S 7. Subdivision 3 of section 384-b of the social services law is
amended by adding two new paragraphs (m) and (n) to read as follows:
(M) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY PERMIT AN
INCARCERATED PARENT OR GUARDIAN TO ATTEND OR TESTIFY BY TELEPHONIC,
AUDIO-VISUAL OR OTHER ELECTRONIC MEANS AT A FACT-FINDING HEARING IN
ACCORDANCE WITH THIS SECTION WHERE:
(I) THE COURT RECEIVES PROOF OF: (A) PROPER SERVICE UPON THE PARENT OR
GUARDIAN OF THE PETITION TO TERMINATE PARENTAL RIGHTS OF SUCH PARENT OR
GUARDIAN; AND (B) THAT REASONABLE AND SUBSTANTIAL EFFORTS TO SECURE THE
PRESENCE OF THE INCARCERATED PARENT OR GUARDIAN AT SUCH PROCEEDING WERE
MADE; AND
(II) THE INCARCERATED PARENT OR GUARDIAN (A) IS REPRESENTED BY COUN-
SEL; (B) IS AFFORDED THE OPPORTUNITY TO HAVE A PERSONAL REPRESENTATIVE
PRESENT AT SUCH PROCEEDING; AND (C) HAS ELECTED IN WRITING OR ON THE
RECORD TO APPEAR BY SUCH TELEPHONIC, AUDIO-VISUAL, OR OTHER ELECTRONIC
MEANS AS ARE AVAILABLE.
NOTHING CONTAINED HEREIN SHALL BE DEEMED TO CREATE ANY RIGHT BEYOND
THAT SET FORTH IN SECTION TWO HUNDRED SIXTY-TWO OF THE FAMILY COURT ACT
TO REPRESENTATION BY COUNSEL IN TERMINATION OF PARENTAL RIGHTS
PROCEEDINGS.
(N) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE COURT MAY PERMIT A
PARTY OR AN INTERESTED PERSON TO ATTEND, OR A WITNESS TO TESTIFY, OTHER
THAN AT A FACT-FINDING HEARING, BY TELEPHONIC, AUDIO-VISUAL OR OTHER
ELECTRONIC MEANS AT A DESIGNATED FAMILY COURT OR OTHER ACCEPTABLE
LOCATION WHERE:
(I) SUCH PARTY, INTERESTED PERSON OR WITNESS RESIDES IN A COUNTY OTHER
THAN THAT OF THE FAMILY COURT WHERE THE CASE IS PENDING;
(II) SUCH PARTY, INTERESTED PERSON, OR WITNESS IS PRESENTLY INCARCER-
ATED AND WILL BE INCARCERATED ON THE DATE ON WHICH THE MATTER IS SCHED-
ULED TO BE HEARD;
(III) THE COURT DETERMINES THAT IT WOULD BE AN UNDUE HARDSHIP FOR SUCH
PARTY, INTERESTED PERSON OR WITNESS TO ATTEND OR TESTIFY AT THE FAMILY
COURT WHERE THE CASE IS PENDING;
(IV) ALL PARTIES CONCUR; OR
(V) OTHER GOOD CAUSE IS SHOWN.
S 8. This act shall take effect on April 1, 2010.
PART CC
S. 6607--A 144 A. 9707--A
Section 1. Subdivisions 1, 4 and 5 of section 447-a of the social
services law, as added by chapter 569 of the laws of 2008, are amended
to read as follows:
1. The term "sexually exploited child" means any person under the age
of eighteen who has been subject to sexual exploitation because he or
she:
(a) is the victim of the crime of sex trafficking as defined in
section 230.34 of the penal law;
(b) [is an abused child as defined in paragraph (iii) of subdivision
(e) of section ten hundred twelve of the family court act;
(c)] engages in any act as defined in section 230.00 or 240.37 of the
penal law;
[(d)] (C) is a victim of the crime of compelling prostitution as
defined in section 230.33 of the penal law;
[(e)] (D) engages in acts or conduct described in article two hundred
sixty-three of the penal law.
4. The term "safe house" means a residential facility operated by an
authorized agency as defined in subdivision ten of section three hundred
seventy-one of this article including a residential facility operating
as part of an approved runaway program as defined in subdivision four of
section five hundred thirty-two-a of the executive law or a not-for-pro-
fit agency with experience in providing services to sexually exploited
youth and approved in accordance with the regulations of the office of
children and family services that provides shelter for sexually
exploited children. IN ADDITION, A LONG-TERM SAFE HOUSE MAY BE OPERATED
BY A TRANSITIONAL INDEPENDENT LIVING SUPPORT PROGRAM AS DEFINED IN
SUBDIVISION SIX OF SECTION FIVE HUNDRED THIRTY-TWO-A OF THE EXECUTIVE
LAW. A safe house [created under this article] SERVING SEXUALLY
EXPLOITED CHILDREN AS DEFINED IN THIS TITLE shall provide or assist in
securing necessary services for such sexually exploited children either
through direct provision of services, or through written agreements with
other community and public agencies for the provision of services
including but not limited to housing, assessment, case management,
medical care, legal, mental health and substance and alcohol abuse
services. Where appropriate such safe house in accordance with a service
plan for such sexually exploited child may also provide counseling and
therapeutic services, educational services including life skills
services and planning services to successfully transition residents back
to the community. [The safe house shall be available as a final disposi-
tion pursuant to section seven hundred fifty-six of the family court act
to any sexually exploited child who is in need of long term housing.]
Nothing in the provisions of this [article] TITLE OR ARTICLE NINETEEN-H
OF THE EXECUTIVE LAW shall prevent a child who is the subject of a
proceeding which has not reached final disposition from residing at the
safe house for the duration of that proceeding nor shall it prevent any
sexually exploited child who is not the subject of a proceeding from
residing at the safe house. AN ADVOCATE EMPLOYED BY A SHORT-TERM SAFE
HOUSE OR OTHER APPROPRIATE STAFF OF A SHORT-TERM SAFE HOUSE SHALL, TO
THE MAXIMUM EXTENT POSSIBLE, PREFERABLY WITHIN TWENTY-FOUR HOURS BUT
WITHIN NO MORE THAN SEVENTY-TWO HOURS FOLLOWING A SEXUALLY EXPLOITED
CHILD'S ADMISSION INTO THE PROGRAM OTHER THAN PURSUANT TO A COURT ORDER,
NOTIFY SUCH CHILD'S PARENT, GUARDIAN OR CUSTODIAN OF HIS OR HER PHYSICAL
AND EMOTIONAL CONDITION AND THE CIRCUMSTANCES SURROUNDING THE CHILD'S
PRESENCE AT THE PROGRAM, UNLESS THERE ARE COMPELLING CIRCUMSTANCES WHY
THE PARENT, GUARDIAN OR CUSTODIAN SHOULD NOT BE SO NOTIFIED. WHERE SUCH
CIRCUMSTANCES EXIST, THE ADVOCATE OR OTHER APPROPRIATE STAFF MEMBER
S. 6607--A 145 A. 9707--A
SHALL EITHER FILE AN APPROPRIATE PETITION IN THE FAMILY COURT, REFER THE
YOUTH TO THE LOCAL SOCIAL SERVICES DISTRICT, OR IN INSTANCES WHERE ABUSE
OR NEGLECT IS SUSPECTED, REPORT SUCH CASE PURSUANT TO TITLE SIX OF THIS
ARTICLE.
5. The term "community-based program" means a program operated by a
not-for-profit organization that provides services such as street
outreach, voluntary drop-in services, peer counseling, individual coun-
seling, family-therapy and referrals for services such as educational
and vocational training and health care. Any SUCH community-based
program [funded under this article shall] MAY also work with the safe
house [created under this article] SERVING SEXUALLY EXPLOITED CHILDREN
AS DEFINED IN THIS TITLE to provide transitional services to SUCH chil-
dren returning to the community.
S 2. Subdivisions 1, 2, 3, 5 and 6 of section 447-b of the social
services law, as added by chapter 569 of the laws of 2008, are amended
to read as follows:
1. Notwithstanding any inconsistent provision of law, pursuant to
regulations of the office of children and family services, every local
social services district shall as a component of the district's multi-
year consolidated services child welfare services plan address the child
welfare services needs of sexually exploited children and to the extent
that funds are available SPECIFICALLY THEREFOR ensure that [preventative
services including] a short-term safe house or another short-term safe
placement such as an approved runaway and homeless youth program,
approved respite or crisis program providing crisis intervention or
respite services or community-based program to serve sexually exploited
children is available to children residing in such district. Nothing in
this section shall prohibit a local social services district from
utilizing existing respite or crisis intervention services already oper-
ated by such social services district or homeless youth programs or
services for victims of human trafficking pursuant to article ten-D of
this chapter so long as the staff members have received appropriate
training approved by the office of children and family services regard-
ing sexually exploited children and the existing programs and facilities
provide a safe, secure and appropriate environment for sexually
exploited children. Crisis intervention services, short-term safe house
care and community-based programming may, where appropriate, be provided
by the same not-for-profit agency. Local social services districts may
work cooperatively to provide such short-term safe house or other short-
term safe placement, services and programming and access to such place-
ment, services and programming may be provided on a regional basis,
provided, however, that every local social services district shall to
the extent that funds are available ensure that such placement, services
and programs shall be readily accessible to sexually exploited children
residing within the district.
2. All of the services created under this [article] TITLE may, to the
extent possible provided by law, be available to all sexually exploited
children whether they are accessed voluntarily, as a condition of an
adjournment in contemplation of dismissal issued in criminal court,
through the diversion services created under section seven hundred thir-
ty-five of the family court act, through a proceeding under article
three of the family court act, a proceeding under article ten of the
family court act or through a referral from a local social services
agency.
3. The capacity of the crisis intervention services and community-
based programs in subdivision one of this section shall be based on the
S. 6607--A 146 A. 9707--A
number of sexually exploited children in each district who are in need
of such services. A determination of such need shall be made [annually]
IN TWO THOUSAND TEN AND EVERY FIVE YEARS THEREAFTER in every social
services district by the local commissioner of social services and be
included in the integrated county plan. Such determination shall be made
in consultation with local law enforcement, runaway and homeless youth
program providers, local probation departments, local social services
commissioners, the runaway and homeless youth coordinator for the local
social services district, local law guardians, presentment agencies,
public defenders and district attorney's offices and child advocates and
services providers who work directly with sexually exploited youth.
5. [The] TO THE EXTENT FUNDS ARE SPECIFICALLY APPROPRIATED THEREFOR,
THE office of children and family services shall contract with an appro-
priate not-for-profit agency with experience working with sexually
exploited children to operate at least one LONG-TERM safe house in a
geographically appropriate area of the state which shall provide safe
and secure long term housing and specialized services for sexually
exploited children throughout the state. The appropriateness of the
geographic location shall be determined taking into account the areas of
the state with high numbers of sexually exploited children and the need
for sexually exploited children to find shelter and long term placement
in a region that cannot be readily accessed by the perpetrators of sexu-
al exploitation. The need for more than one LONG-TERM safe house shall
be determined by the office of children and family services based on the
numbers and geographical location of sexually exploited children within
the state. NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE AN AGENCY FROM
APPLYING FOR AND ACCEPTING GRANTS, GIFTS AND BEQUESTS OF FUNDS FROM
PRIVATE INDIVIDUALS, FOUNDATIONS AND THE FEDERAL GOVERNMENT FOR THE
PURPOSE OF CREATING OR CARRYING OUT THE DUTIES OF A LONG-TERM SAFE
HOUSE.
6. The local social services commissioner may, to the extent that
funds are available, in conjunction with THE DIVISION OF CRIMINAL
JUSTICE SERVICES AND local law enforcement officials, contract with an
appropriate not-for-profit agency with experience working with sexually
exploited children to train law enforcement officials who are likely to
encounter sexually exploited children in the course of their law
enforcement duties on the provisions of this section and how to identify
and obtain appropriate services for sexually exploited children. Local
social services districts may work cooperatively to provide such train-
ing and such training may be provided on a regional basis. The [office
of children and family services] DIVISION OF CRIMINAL JUSTICE SERVICES
shall assist local social services districts in obtaining any available
funds for the purposes of conducting law enforcement training from the
federal justice department [and/or] AND the office of juvenile justice
and delinquency prevention.
S 3. Paragraph (c) of subdivision 4 of section 305.2 of the family
court act, as added by chapter 920 of the laws of 1982, is amended and
two new paragraphs (d) and (e) are added to read as follows:
(c) take the child to a place certified by the [state division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile detention
facility for the reception of children[.]; OR
(D) TAKE THE CHILD WHO SUCH OFFICER HAS DECIDED TO TAKE INTO CUSTODY
IN ACCORDANCE WITH THIS SECTION OR SECTION 305.1 OF THIS PART FOR
VIOLATING THE PROVISIONS OF SECTION 230.00 OR 240.37 OF THE PENAL LAW,
TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW; OR
S. 6607--A 147 A. 9707--A
(E) TAKE THE CHILD, IF IT APPEARS THAT SUCH CHILD IS A SEXUALLY
EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (C) OR (D) OF SUBDIVISION
ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, TO
AN AVAILABLE SHORT-TERM SAFE HOUSE, BUT ONLY IF THE CHILD CONSENTS TO BE
TAKEN.
S 4. Subdivision 3 of section 311.4 of the family court act, as added
by chapter 569 of the laws of 2008, is amended to read as follows:
3. In any proceeding under this article based upon an arrest for an
act of prostitution OR WHERE IT APPEARS THAT THE RESPONDENT ENGAGED IN
LOITERING FOR THE PURPOSE OF ENGAGING IN A PROSTITUTION OFFENSE, there
is a presumption that the respondent meets the criteria [for a certif-
ication] as a victim of a severe form of trafficking as defined in
section 7105 of title 22 of the United States Code (Trafficking Victims
Protection Act of 2000). Upon the motion of the respondent, without the
consent of the presentment agency, a petition alleging that the respond-
ent is in need of supervision shall be substituted for the delinquency
petition. If, however, the respondent [is not a victim of a severe form
of trafficking as defined by the federal Trafficking Victims Protection
Act of 2000] WAS NOT INTIMIDATED, FORCED, THREATENED OR COERCED INTO
ENGAGING IN PROSTITUTION OR LOITERING FOR THE PURPOSES OF ENGAGING IN A
PROSTITUTION OFFENSE, or has been previously [found] ADJUDICATED AS A
JUVENILE DELINQUENT under this article [to have committed an offense]
FOR AN ACT WHICH WOULD BE A CRIME pursuant to article two hundred thirty
of the penal law IF THE RESPONDENT WAS AN ADULT, or has been previously
adjudicated under section seven hundred fifty-two of this chapter and
placed with a commissioner of social services pursuant to [subdivisions]
SUBDIVISION (a) [and (b)] of section seven hundred fifty-six of this
chapter, or expresses a current unwillingness to cooperate with special-
ized services for sexually exploited youth, continuing with the delin-
quency proceeding shall be within the court's discretion. The necessary
findings of fact to support the continuation of the delinquency proceed-
ing shall be reduced to writing and made part of the court record. If,
subsequent to issuance of a substitution order under this subdivision
AND PRIOR TO THE CONCLUSION OF THE FACT FINDING HEARING ON THE PETITION
ALLEGING THAT THE RESPONDENT IS A PERSON IN NEED OF SUPERVISION, the
respondent is not in substantial compliance with a lawful order of the
court, the court may, in its discretion, substitute [a] THE ORIGINAL
petition alleging that the respondent is a juvenile delinquent for the
petition alleging that the respondent is in need of supervision.
S 5. Subdivision 3 of section 320.5 of the family court act is amended
by adding a new paragraph (d) to read as follows:
(D) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED IN
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, THE COURT MAY DIRECT THE RESPONDENT TO AN AVAILABLE
SHORT-TERM SAFE HOUSE AS A CONDITION OF RELEASE.
S 6. Section 353.3 of the family court act, as added by chapter 920 of
the laws of 1982, paragraphs (a), (b) and (c) of subdivision 3 and
subdivision 4 as amended by chapter 465 of the laws of 1992, subdivision
5 as amended and subdivision 10 as added by chapter 419 of the laws of
1987 and subdivision 7 as amended by chapter 181 of the laws of 2000, is
amended to read as follows:
S 353.3 Placement. 1. In accordance with section 352.2 OF THIS PART,
the court may place the respondent in his own home or in the custody of
a suitable relative or other suitable private person or the commissioner
of THE LOCAL social services DISTRICT or [the division for youth] THE
S. 6607--A 148 A. 9707--A
OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to article nineteen-G of
the executive law, subject to the orders of the court.
2. Where the respondent is placed with the commissioner of THE LOCAL
social services DISTRICT, the court may direct the commissioner to place
him OR HER with an authorized agency or class of authorized agencies,
INCLUDING, IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUALLY
EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE LONG-TERM SAFE
HOUSE. Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the respondent:
(a) the commissioner shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to the provisions
of section 355.1 OF THIS PART; or
(b) the commissioner shall return the respondent to the family court
for a new dispositional hearing and order.
3. Where the respondent is placed with the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, the court shall, unless it directs the
[division] OFFICE to place him OR HER with an authorized agency or class
of authorized agencies, INCLUDING IF THE COURT FINDS THAT THE RESPONDENT
IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE
LONG-TERM SAFE HOUSE pursuant to subdivision four OF THIS SECTION,
authorize the [division] OFFICE to do one of the following:
(a) place the respondent in a secure facility without a further hear-
ing at any time or from time to time during the first sixty days of
residency in [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES
facilities. Notwithstanding the discretion of the [division] OFFICE to
place the respondent in a secure facility at any time during the first
sixty days of residency in a [division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES facility, the respondent may be placed in a non-secure
facility. In the event that the [division] OFFICE desires to transfer a
respondent to a secure facility at any time after the first sixty days
of residency in [division] OFFICE facilities, a hearing shall be held
pursuant to subdivision three of section five hundred four-a of the
executive law; or
(b) place the respondent in a limited secure facility. The respondent
may be transferred by the [division] OFFICE to a secure facility after a
hearing is held pursuant to section five hundred four-a of the executive
law; provided, however, that during the first twenty days of residency
in [division] OFFICE facilities, the respondent shall not be transferred
to a secure facility unless the respondent has committed an act or acts
which are exceptionally dangerous to the respondent or to others; or
(c) place the respondent in a non-secure facility. No respondent
placed pursuant to this paragraph may be transferred by the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES to a secure facility.
4. Where the respondent is placed with the [division for youth] OFFICE
OF CHILDREN AND FAMILY SERVICES, the court may direct the [division]
OFFICE to place the respondent with an authorized agency or class of
authorized agencies, INCLUDING, IF THE COURT FINDS THAT THE RESPONDENT
IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION
FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE
LONG-TERM SAFE HOUSE, and in the event the [division] OFFICE is unable
to so place the respondent or, discontinues the placement with the
authorized agency, the respondent shall be deemed to have been placed
with the [division] OFFICE pursuant to paragraph (b) or (c) of subdivi-
S. 6607--A 149 A. 9707--A
sion three of this section. In such cases, the [division] OFFICE shall
notify the court, presentment agency, law guardian and parent or other
person responsible for the respondent's care, of the reason for discon-
tinuing the placement with the authorized agency and the level and
location of the youth's placement.
5. If the respondent has committed a felony the initial period of
placement shall not exceed eighteen months. If the respondent has
committed a misdemeanor such initial period of placement shall not
exceed twelve months. If the respondent has been in detention pending
disposition, the initial period of placement ordered under this section
shall be credited with and diminished by the amount of time spent by the
respondent in detention prior to the commencement of the placement
unless the court finds that all or part of such credit would not serve
the needs and best interests of the respondent or the need for
protection of the community.
6. The court may at any time conduct a hearing in accordance with
section 355.1 OF THIS PART concerning the need for continuing a place-
ment.
7. The place in which or the person with whom the respondent has been
placed under this section shall submit a report to the court, law guard-
ian or attorney of record, and presentment agency at the conclusion of
the placement period, except as provided in paragraphs (a) and (b) of
this subdivision. Such report shall include recommendations and such
supporting data as is appropriate. The court may extend a placement
pursuant to section 355.3 of this [article] PART.
(a) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is not seeking an extension
of the placement pursuant to section 355.3 of this [article] PART, such
report shall be submitted not later than thirty days prior to the
conclusion of the placement.
(b) Where the respondent is placed pursuant to subdivision two or
three of this section and where the agency is seeking an extension of
the placement pursuant to section 355.3 of this [article] PART and a
permanency hearing pursuant to section 355.5 of this [article] PART,
such report shall be submitted not later than sixty days prior to the
date on which the permanency hearing must be held and shall be annexed
to the petition for a permanency hearing and extension of placement.
(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, to independent living or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this [article] PART. If the respondent is subject
to article sixty-five of the education law or elects to participate in
an educational program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
to, the steps that the agency with which the respondent is placed has
S. 6607--A 150 A. 9707--A
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
8. In its discretion, the court may recommend restitution or require
services for the public good pursuant to section 353.6 OF THIS PART in
conjunction with an order of placement.
9. If the court places a respondent with the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to this section after
finding that such child committed a felony, the court may, in its
discretion, further order that such respondent shall be confined in a
residential facility for a minimum period set by the order, not to
exceed six months.
10. A placement pursuant to this section with the commissioner of THE
LOCAL social services DISTRICT shall not be directed in any detention
facility, but the court may direct detention pending transfer to a
placement authorized and ordered under this section for no more than
thirty days after the order of placement is made or in a city of one
million or more, for no more than fifteen days after such order of
placement is made. Such direction shall be subject to extension pursuant
to subdivision three of section three hundred ninety-eight of the social
services law.
S 7. Subdivision (a) of section 712 of the family court act, as
amended by chapter 569 of the laws of 2008, is amended to read as
follows:
(a) "Person in need of supervision". A person less than eighteen years
of age who does not attend school in accordance with the provisions of
part one of article sixty-five of the education law or who is incorrigi-
ble, ungovernable or habitually disobedient and beyond the lawful
control of a parent or other person legally responsible for such child's
care, or other lawful authority, or who violates the provisions of
section 221.05, 230.00, or 240.37 of the penal law, OR WHO APPEARS TO BE
A SEXUALLY EXPLOITED CHILD AS DEFINED IN PARAGRAPH (A), (C) OR (D) OF
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, BUT ONLY IF THE CHILD CONSENTS TO THE FILING OF A PETITION
UNDER THIS ARTICLE.
S 8. Subdivision 5 of section 720 of the family court act is amended
by adding a new paragraph (c) to read as follows:
(C) IF THE RESPONDENT MAY BE A SEXUALLY EXPLOITED CHILD AS DEFINED IN
SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL
SERVICES LAW, THE COURT MAY DIRECT THE RESPONDENT TO AN AVAILABLE
SHORT-TERM SAFE HOUSE AS DEFINED IN SUBDIVISION TWO OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AS AN ALTERNATIVE TO
DETENTION.
S 9. Subdivisions (a), (b), (c) and (d) of section 732 of the family
court act, subdivision (a) as amended by chapter 569 of the laws of
2008, subdivisions (b) and (c) as amended and subdivision (d) as added
by section 6 of part E of chapter 57 of the laws of 2005, are amended to
read as follows:
(a) (I) the respondent is an habitual truant or is incorrigible, ungo-
vernable, or habitually disobedient and beyond the lawful control of his
or her parents, guardian or lawful custodian, or has been the victim of
sexual exploitation as defined in subdivision one of section four
hundred forty-seven-a of the social services law, and specifying the
acts on which the allegations are based and the time and place they
allegedly occurred. Where habitual truancy is alleged or the petitioner
is a school district or local educational agency, the petition shall
also include the steps taken by the responsible school district or local
S. 6607--A 151 A. 9707--A
educational agency to improve the school attendance and/or conduct of
the respondent;
[(b)] (II) the respondent was under eighteen years of age at the time
of the specified acts;
[(c)] (III) the respondent requires supervision or treatment; and
[(d)] (IV) the petitioner has complied with the provisions of section
seven hundred thirty-five of this article[.]; OR
(B) THE RESPONDENT APPEARS TO BE A SEXUALLY EXPLOITED CHILD AS DEFINED
IN PARAGRAPH (A), (C) OR (D) OF SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW BUT ONLY IF THE CHILD CONSENTS
TO THE FILING OF A PETITION UNDER THIS ARTICLE.
S 10. Subdivision (a) of section 739 of the family court act, as
amended by section 8 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(a) After the filing of a petition under section seven hundred thir-
ty-two of this article, the court in its discretion may release the
respondent or direct his or her detention. IF THE RESPONDENT MAY BE A
SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY DIRECT
THE RESPONDENT TO AN AVAILABLE SHORT-TERM SAFE HOUSE AS AN ALTERNATIVE
TO DETENTION. However, the court shall not direct detention unless it
finds and states the facts and reasons for so finding that unless the
respondent is detained there is a substantial probability that the
respondent will not appear in court on the return date and all available
alternatives to detention have been exhausted.
S 11. Paragraph (ii) of subdivision (a) of section 756 of the family
court act, as amended by chapter 920 of the laws of 1982, is amended to
read as follows:
(ii) Where the child is placed with the commissioner of THE LOCAL
social services DISTRICT, the court may direct the commissioner to place
the child with an authorized agency or class of authorized agencies,
INCLUDING, IF THE COURT FINDS THAT THE RESPONDENT IS A SEXUALLY
EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, AN AVAILABLE LONG-TERM SAFE
HOUSE. Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the child:
S 12. Paragraph (i) of subdivision (a) of section 1055 of the family
court act, as amended by chapter 519 of the laws of 2008, is amended to
read as follows:
(i) For purposes of section one thousand fifty-two of this part the
court may place the child in the custody of a relative or other suitable
person pursuant to this article, or of the local commissioner of social
services or of such other officer, board or department as may be author-
ized to receive children as public charges, or a duly authorized associ-
ation, agency, society or in an institution suitable for the placement
of a child. THE COURT MAY ALSO PLACE A CHILD WHO IT FINDS TO BE A SEXU-
ALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR
HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW WITH THE LOCAL COMMIS-
SIONER OF SOCIAL SERVICES FOR PLACEMENT IN AN AVAILABLE LONG-TERM SAFE
HOUSE. The court may also place the child in the custody of the local
commissioner of social services and may direct such commissioner to have
the child reside with a relative or other suitable person who has indi-
cated a desire to become a foster parent for the child and further
direct such commissioner, pursuant to regulations of the office of chil-
dren and family services, to commence an investigation of the home of
S. 6607--A 152 A. 9707--A
such relative or other suitable person within twenty-four hours and
thereafter expedite approval or certification of such relative or other
suitable person, if qualified, as a foster parent. If such home is found
to be unqualified for approval or certification, the local commissioner
shall report such fact to the court forthwith so that the court may make
a placement determination that is in the best interests of the child.
S 13. Section 532-a of the executive law is amended by adding a new
subdivision 7 to read as follows:
7. "SAFE HOUSE" SHALL MEAN A RESIDENTIAL PROGRAM FOR SEXUALLY
EXPLOITED CHILDREN AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED
FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW. AN APPROVED RUNAWAY PROGRAM
MAY OPERATE A SHORT-TERM SAFE HOUSE, AS DEFINED IN SUBDIVISION TWO OF
SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, FOR SEXU-
ALLY EXPLOITED CHILDREN. A TRANSITIONAL INDEPENDENT LIVING SUPPORT
PROGRAM MAY OPERATE A LONG-TERM SAFE HOUSE FOR SEXUALLY EXPLOITED CHIL-
DREN.
S 14. This act shall take effect on the same date and in the same
manner as chapter 569 of the laws of 2008, as amended, takes effect.
PART DD
Section 1. Notwithstanding any provisions of law to the contrary, an
organization that is certified by the State Employment Relations Board
or any successor agency to be the designated unit representative of a
representative unit comprised of licensed group family day care home,
registered family day care home, or legally-exempt child care providers,
or some combination thereof, may require the providers in such a repre-
sentative unit that choose not to be members of the organization to pay
to the organization a payment for services rendered. The amount of the
payment shall not exceed the amount of dues uniformly required of the
providers in such representative unit who choose to be members of the
organization.
The provisions of this section shall only be applicable in the case of
a representative unit which has established and maintained a procedure
providing for the refund to any provider demanding the return of any
part of such a payment which represents the provider's pro rata share of
expenditures by the representation unit in aid of activities or causes
of a political or ideological nature only incidentally related to being
a licensed group family day care provider, registered family day care
provider or legally-exempt child care provider. Nothing in this section
shall be deemed to require a provider to become a member of such repre-
sentation unit.
For each non-member provider in a representative unit who is paid
directly by a social services district on behalf of one or more families
receiving subsidized child care services in accordance with the social
services law, the social services district shall deduct the amount of
the payment required under this section from child care subsidy funds
otherwise due to be paid to the provider and transmit such payment to
the applicable designated unit representative. The designated unit
representative will assume all the design, development and on-going
maintenance costs for any changes to the applicable payment systems of
the state or the city of New York, as applicable, and any other associ-
ated administrative costs necessary for the payments to be deducted and
transferred to the designated unit representative from payments due to
the applicable providers. Payments will only be deducted for activities
occurring after the completion of the necessary technical changes and
S. 6607--A 153 A. 9707--A
after the provision to the state by the designated unit representative
of information about those providers who are responsible for making
payments required under this section. Such information shall be provided
to the state, in a format determined by the state as is necessary to
electronically input the information into the applicable payment systems
to enable the systems to deduct and transfer the payments to the desig-
nated unit representative. The designated unit representative shall be
responsible for responding to all complaints and concerns regarding the
deduction of payments required under this section; provided, however,
that nothing in this section shall preclude any public entity from
appearing and making any arguments in any legal proceeding, or otherwise
representing their interests, concerning payments required under this
section. The designated unit representative shall indemnify and hold
the state and its social services districts harmless against any and all
claims, damages, suits, and other forms of liability which may arise out
of any action taken or not taken by the state or a social services
district for the purposes of complying with the provisions of this
section.
Should any part of this section or any provision contained herein be
determined to be contrary to law; be determined by the federal govern-
ment to jeopardize the receipt by the state of any federal child care
funds; and/or, in cases where it may be necessary, not be approved by
the federal government, such part or provision shall be deemed invalid;
provided, however, that invalidation of such part or provision shall not
invalidate the remaining portions of this section and the remaining
portions shall remain in full force and effect.
S 2. This act shall take effect immediately and shall expire September
30, 2013 when upon such date the provisions of this act shall be deemed
repealed.
PART EE
Section 1. Paragraph (b) of subdivision 1, subdivisions 2, 3, 4, 5,
and paragraph (c) of subdivision 6 of section 34-a of the social
services law, paragraph (b) of subdivision 1 as amended by chapter 231
of the laws of 1987, subdivision 2 as amended by chapter 677 of the laws
of 1985, subdivisions 3 and 5 as added by chapter 681 of the laws of
1981, subdivision 4 as amended by section 18 of part E of chapter 57 of
the laws of 2005 and paragraph (c) of subdivision 6 as added by chapter
160 of the laws of 2004, are amended to read as follows:
(b) [Commencing with the years following preparation of the multi-year
consolidated services plan, each] EACH local district [shall also] MAY
be required BY THE COMMISSIONER to prepare [an annual implementation
report] OTHER REPORTS OR UPDATES TO THE MULTI-YEAR SERVICES PLAN TO
DESCRIBE ANY SIGNIFICANT CHANGES TO THE SERVICES PLAN THAT OCCUR DURING
THE FIVE-YEAR PLAN CYCLE.
2. [(a)] The commissioner shall have authority to promulgate regu-
lations specifying the contents of both the multi-year services plan and
[the annual implementation] ANY OTHER REQUIRED reports OR UPDATES,
provided however that such regulations shall not be inconsistent with
the standards of review by the commissioner of such plan and reports
specified in subdivision four of this section.
[(b) The regulations promulgated pursuant to paragraph (a) of this
subdivision shall require the multi-year services plan and where appro-
priate the annual implementation reports, to include a summary of the
understanding between the local social services district and the
S. 6607--A 154 A. 9707--A
district attorney's office, which outlines the cooperative procedures to
be followed by both parties in investigating incidents of child abuse
and maltreatment, consistent with their respective obligations for the
investigation or prosecution of such incidents, as otherwise required by
law.]
3. (a) There shall be a public [hearing] PARTICIPATION PROCESS TO
PROVIDE PUBLIC COMMENT on the multi-year services plan [or each annual
implementation report. Commencing in nineteen hundred eighty-two, such
public hearing shall be held only after fifteen days notice is]. THIS
PROCESS MUST BE EASILY ACCESSIBLE TO THE PUBLIC AND MAY INCLUDE USE OF
THE INTERNET, A PUBLIC HEARING PROCESS, OR OTHER APPROPRIATE MEANS.
NOTICE OF THE PROPOSED PLAN SUBMISSION AND THE PUBLIC PARTICIPATION
PROCESS MUST BE provided in a newspaper of general circulation within
the county, BY POSTING ON THE COUNTY AND THE SOCIAL SERVICES DISTRICT
WEBSITE, BY SIGNAGE WITHIN THE DISTRICT'S OFFICES AND OTHER PUBLIC
BUILDINGS, OR BY OTHER MEANS OF BROAD DISTRIBUTION. Such notice shall
specifically identify HOW TO ACCESS THE PROPOSED COUNTY PLAN, THE PUBLIC
PARTICIPATION PROCESS, the times [of the public hearing in which] FOR
RECEIPT OF COMMENTS AND THE MANNER IN WHICH SUCH COMMENTS MAY BE SUBMIT-
TED ON the child protective services and other services components of
the multi-year services plan or [annual implementation] OTHER REQUIRED
reports [are to be considered] OR UPDATES REQUIRING PUBLIC
PARTICIPATION.
(b) [Commencing in nineteen hundred eighty-two, after such hearing]
FOLLOWING COMPLETION OF THE PUBLIC PARTICIPATION PROCESS IF REQUIRED,
the multi-year services plan or [the annual implementation] OTHER
REQUIRED reports OR UPDATES shall be submitted for approval to the chief
executive officer of the county or to the legislative body in those
counties without a chief executive officer. Full approval of the multi-
year services plan or [of the annual implementation report] OTHER
REQUIRED REPORTS OR UPDATES by the chief executive officer or legisla-
tive body shall be required before submission of such plan or report to
the commissioner.
(c) [Commencing in nineteen hundred eighty-two, the] THE multi-year
services plan [or the annual implementation reports] OR OTHER REQUIRED
REPORTS OR UPDATES shall not be forwarded to the commissioner until at
least fifteen days have passed from the [date] END of the public [hear-
ing thereon] PARTICIPATION PROCESS, IF REQUIRED.
4. (a) Except as provided in paragraph (b) of this subdivision, the
commissioner shall review both the multi-year services plan and [the
annual implementation] ANY OTHER REQUIRED reports OR UPDATES submitted
by the social services district, using standards consistent with the
provisions of sections [one hundred thirty-one-1,] four hundred nine-d
and four hundred twenty-three of this chapter, and shall notify such
district, in writing, of approval of such plan [or reports], REPORT OR
UPDATE in whole or in part; provided, however, that for any portions not
approved, the commissioner shall in writing to the district specify the
portions not approved, the reasons for such determination, the actions
required for resubmittal of such portions, and the time period of resub-
mittal; and provided further, that disapproval of a portion of such plan
[or], report OR UPDATE shall not render the entire plan [or], report OR
UPDATE invalid. No portion of the multi-year services plan or [of the
annual implementation reports] OTHER REPORT OR UPDATE shall be finally
disapproved until the district has had at least one opportunity for
resubmittal. Upon resubmittal, or if no resubmittal is made within the
time specified, the commissioner may grant further extensions to the
S. 6607--A 155 A. 9707--A
district to allow it to resubmit any unapproved portions, or may finally
disapprove such portions. Any social services district aggrieved by a
final disapproval of the commissioner under this section shall have the
right to a fair hearing in accordance with the appropriate provisions of
this chapter. An adverse fair hearing decision shall be reviewable
pursuant to article seventy-eight of the civil practice law and rules.
State reimbursement may be withheld for all or a portion of a local
district's activities, if the multi-year services plan, [annual imple-
mentation report,] OTHER REQUIRED REPORT, UPDATE or portions [of either]
THEREOF are disapproved.
(b) The commissioner of the office of children and family services
shall review and approve or disapprove the diversion services portion of
the plan jointly with the director of probation and correctional alter-
natives or any other successor agency or entity. The requirements for
the portion of the plan and report regarding the provision of diversion
services shall be jointly established by the commissioner of the office
of children and family services and the director of probation and
correctional alternatives or any other successor agency or entity. The
multi-year services plan and where appropriate [the annual implementa-
tion] OTHER REQUIRED reports OR UPDATES shall be based upon a written
understanding between the local social services district and the
probation department which outlines the cooperative procedures to be
followed by both parties regarding diversion services pursuant to
section seven hundred thirty-five of the family court act, consistent
with their respective obligations as otherwise required by law.
5. The commissioner shall promulgate regulations concerning the time
by which:
(a) each local social services district shall submit its multi-year
services plan and [annual implementation report] OTHER REQUIRED REPORTS
OR UPDATES;
(b) the commissioner shall, in writing, notify a local district of
approval or disapproval of all or parts of such district's multi-year
services plan or [annual implementation] OTHER REQUIRED reports OR
UPDATES; and
(c) each local social services district shall submit a revised version
of its multi-year services plan or [annual implementation report] OTHER
REQUIRED REPORTS OR UPDATES, or parts thereof.
(c) The office of children and family services may waive any regulato-
ry requirements relating to the content and timing of multi-year consol-
idated services plans and [annual implementation] OTHER REQUIRED reports
OR UPDATES that may impede the ability of a county to implement a county
child and family services plan.
S 2. Paragraph (a) of subdivision 2 and subparagraph (ii) of paragraph
(e) of subdivision 4 of section 153-k of the social services law, as
added by section 15 of part C of chapter 83 of the laws of 2002, are
amended to read as follows:
(a) Notwithstanding the provisions of this chapter or of any other law
to the contrary, eligible expenditures by a social services district for
foster care services shall be subject to reimbursement with state funds
only to the extent of annual appropriations to the state foster care
block grant. Such foster care services shall include expenditures for
the provision and administration of: care, maintenance, supervision and
tuition; supervision of foster children placed in federally funded job
corps programs; and care, maintenance, supervision and tuition for adju-
dicated juvenile delinquents and persons in need of supervision placed
in residential programs operated by authorized agencies and in out-of-
S. 6607--A 156 A. 9707--A
state residential programs. Social services districts must develop and
implement children and family services delivery systems that are
designed to reduce the need for and the length of foster care placements
and must document their efforts in the multi-year consolidated services
plan and [the annual implementation] OTHER REQUIRED reports OR UPDATES
submitted pursuant to section thirty-four-a of this chapter.
(ii) Such a plan may include requests for a waiver of any statutory or
regulatory requirements established pursuant to sections thirty-four-a,
four hundred nine-d and four hundred nine-e of this chapter regarding
the form, content, development, or amendment of the child welfare
services plan component of the multi-year services plan and [the annual
implementation] OTHER REQUIRED reports OR UPDATES, family services plans
and uniform case records.
S 3. Section 409-d of the social services law, as added by chapter 611
of the laws of 1979, subdivisions 1 and 2 as amended and paragraph (a)
of subdivision 3 as added by chapter 231 of the laws of 1987, is amended
to read as follows:
S 409-d. District-wide child welfare services plan. 1. Each social
services district shall prepare and submit to the [department] OFFICE OF
CHILDREN AND FAMILY SERVICES, in such form and manner and times as [the
department] SUCH OFFICE shall by regulation require, a district-wide
child welfare services plan which shall be a component of the district's
multi-year consolidated services plan setting forth REQUESTED INFORMA-
TION ABOUT: the child welfare services needs of children and families
for whom the social services district is or may be responsible[; histor-
ic program and fiscal trends of the district in the level of care, main-
tenance and services provided to children and their families, including
but not limited to expenditure trends], THE CHILD WELFARE SERVICES
PROVIDED AND THE children and families served [and costs of services
provided; an assessment of projected program and fiscal requirements of
the district in meeting identified needs in the next state fiscal year;
and a description of the resources known to be available or likely to
become available to meet those needs. Commencing the year following
preparation of a multi-year consolidated services plan, each]. WHERE
APPLICABLE, social services district shall prepare an [annual implemen-
tation report] UPDATE related to its child welfare services plan TO
DESCRIBE ANY SIGNIFICANT CHANGES TO THE PLAN DURING THE FIVE-YEAR PLAN
CYCLE. As used in this section "services" shall mean and include preven-
tive services, foster care maintenance and services, and adoption
services. Such regulations shall [include but need not be limited to
criteria and methodology for determining child welfare services needs
and the adequacy of the resources known to be available or likely to
become available to meet those needs], TO THE EXTENT PRACTICABLE, BE
LIMITED TO REQUIRING THE INFORMATION NECESSARY FOR THE STATE TO MEET
FEDERAL REPORTING REQUIREMENTS AND STATE STATUTORY REQUIREMENTS, AND, TO
THE EXTENT PRACTICABLE, PROVIDE A MECHANISM FOR LOCALITIES TO AVOID
HAVING TO REPORT DUPLICATE INFORMATION TO MULTIPLE STATE AGENCIES.
2. The child welfare services plan and [annual implementation] ANY
OTHER REQUIRED reports OR UPDATES shall be developed by the district in
consultation with other government agencies concerned with the welfare
of children residing in the district, authorized agencies, and other
concerned individuals and organizations. The plan AND OTHER REQUIRED
REPORTS AND UPDATES as submitted to the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES for approval and as approved by [the department]
SUCH OFFICE shall be made available to such agencies, individuals and
organizations upon request.
S. 6607--A 157 A. 9707--A
3. (a) Each social services district shall submit its child welfare
services plan and [annual implementation] OTHER REQUIRED reports OR
UPDATES pertaining to this plan to the [department] OFFICE OF CHILDREN
AND FAMILY SERVICES as a component of the multi-year consolidated
services plan and [subsequent annual implementation reports and the
department] SUCH OFFICE shall review and approve or disapprove the
proposed plan OR OTHER REQUIRED REPORTS OR UPDATES in accordance with
the procedures set forth in section thirty-four-a of this chapter.
(b) Such plan OR OTHER REQUIRED REPORTS OR UPDATES shall not be
approved unless:
(i) it complies with the provisions of this section;
(ii) it demonstrates that child welfare services included in the plan
are appropriate to meet the assessed needs of the children and families
for whom the social services district is or may be responsible;
(iii) it is consistent with applicable provisions of this chapter and
regulations of [the department] SUCH OFFICE promulgated thereunder; and
(iv) it is in the format and includes such standardized information
[and data] as may be required by [the department] SUCH OFFICE to effec-
tively evaluate such [plans] PLAN, REPORT OR UPDATE.
S 4. Paragraph (a) of subdivision 3 of section 423 of the social
services law, as amended by chapter 231 of the laws of 1987 and such
paragraph as designated by chapter 707 of the laws of 1988, is amended
to read as follows:
[(a)] Each social services district shall prepare and submit to the
commissioner, after consultation with local law enforcement agencies,
the family court and appropriate public or voluntary agencies [including
societies for the prevention of cruelty to children] and after [a] AN
OPPORTUNITY FOR public [hearing] PARTICIPATION, a district-wide plan, as
prescribed by the commissioner, for the provision of child protective
services which shall be a component of the district's multi-year consol-
idated services plan. This plan shall describe the district's implemen-
tation of this title [including the organization, staffing, mode of
operations and financing of the child protective service as well as the
provisions made for purchase of service and inter-agency relations.
Commencing the year following preparation of a multi-year consolidated
services plan, each]. WHERE APPLICABLE, THE local district shall prepare
[annual implementation reports including information] AN UPDATE related
to its child protective services plan TO DESCRIBE ANY SIGNIFICANT CHANG-
ES TO THE PLAN DURING THE FIVE-YEAR PLAN CYCLE. The social services
district shall submit the child protective services plan to the [depart-
ment] OFFICE OF CHILDREN AND FAMILY SERVICES as a component of its
multi-year consolidated services plan [and subsequent thereto as a
component of its annual implementation reports] and [the department]
SUCH OFFICE shall review and approve or disapprove the proposed plan
[and reports] AND ANY OTHER REQUIRED REPORTS OR UPDATES in accordance
with the procedures set forth in section thirty-four-a of this chapter.
S 5. Subdivision 5 of section 423 of the social services law is
REPEALED.
S 6. Subdivision 2 of section 459-c of the social services law, as
added by chapter 169 of the laws of 1994, is amended to read as follows:
2. To the extent that funds are appropriated expressly [therefore]
THEREFOR and a social services district has exhausted its allocation
under title XX of the federal social security act, state reimbursement
shall be available for fifty percent of the expenditures made by a
social services district for those non-residential services provided to
victims of domestic violence which are included in the social services
S. 6607--A 158 A. 9707--A
district's multi-year consolidated services plans and [annual implemen-
tation] OTHER REQUIRED reports OR UPDATES approved by the [department]
OFFICE OF CHILDREN AND FAMILY SERVICES pursuant to section thirty-four-a
of this chapter.
S 7. Paragraphs (b) and (c) of subdivision 2 of section 473 of the
social services law, paragraph (b) as amended and paragraph (c) as added
by chapter 231 of the laws of 1987, are amended to read as follows:
(b) Each social services district shall prepare, with the approval of
the chief executive officer, or the legislative body in those counties
without a chief executive officer, after consultation with appropriate
public, private and voluntary agencies, a district-wide plan for the
provision of adult protective services which shall be a component of the
district's multi-year consolidated services plan as required in section
thirty-four-a of this chapter. This plan shall describe the local imple-
mentation of this section including the organization, staffing, mode of
operations and financing of the adult protective services as well as the
provisions made for purchase of services, AND inter-agency relations[,
inter-agency agreements, service referral mechanisms, and locus of
responsibility for cases with multi-agency services needs. Commencing
the year following preparation of a multi-year consolidated services
plan, each]. WHERE APPLICABLE, THE local district shall prepare [annual
implementation reports including information related] AN UPDATE to its
adult protective services plan DESCRIBING ANY SIGNIFICANT CHANGES TO THE
PLAN DURING THE FIVE-YEAR PLAN CYCLE, as required in section thirty-
four-a of [the social services law] THIS CHAPTER.
(c) Each social services district shall submit the adult protective
services plan to the [department] OFFICE OF CHILDREN AND FAMILY SERVICES
as a component of its multi-year consolidated services plan [and subse-
quent thereto as a component of its annual implementation reports] and
[the department] SUCH OFFICE shall review and approve the proposed plan
and ANY OTHER REQUIRED reports OR UPDATES in accordance with the proce-
dures set forth in section thirty-four-a of this chapter.
S 8. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the amendments to paragraph
(a) of subdivision 2 and subparagraph (ii) of paragraph (e) of subdivi-
sion 4 of section 153-k of the social services law made by section two
of this act shall not affect the repeal of such section and shall be
deemed repealed therewith.
PART FF
Section 1. Paragraph (c) of subdivision 6 of section 529 of the execu-
tive law, as added by chapter 906 of the laws of 1973, is amended to
read as follows:
(c) The [director] COMMISSIONER of the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES, subject to the approval of the director of
the budget and certification to the [chairmen] CHAIRS of the senate
finance and assembly ways and means committees, may establish a single
per diem rate for all [division] OFFICE facilities or may establish
separate rates as may be appropriate to reflect the differentials in
cost of specific [division] OFFICE programs INCLUDING MAKING ANY ADJUST-
MENTS TO THE COSTS INCLUDED IN DETERMINING SUCH RATES TO REFLECT ANY
CHANGES IN FEDERAL FUNDING MADE AVAILABLE TO THE OFFICE OR TO SOCIAL
SERVICES DISTRICTS FOR SUCH COSTS.
S. 6607--A 159 A. 9707--A
S 2. Subdivision 9 of section 529 of the executive law, as added by
section 2 of part G of chapter 57 of the laws of 2007, is amended to
read as follows:
9. All reimbursement made by social services districts for care, main-
tenance and supervision under this section shall be paid directly to the
state through the office of children and family services for deposit
into a miscellaneous special revenue fund known as the youth facility
per diem account. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IF A
SOCIAL SERVICES DISTRICT FAILS TO PROVIDE REIMBURSEMENT TO SUCH OFFICE
WITHIN SIXTY DAYS OF RECEIVING A BILL FOR SUCH SERVICES OR BY THE DATE
CERTAIN SET BY THE OFFICE FOR PROVIDING SUCH REIMBURSEMENT, WHICHEVER IS
LATER, THE OFFICES OF THE DEPARTMENT OF FAMILY ASSISTANCE ARE AUTHORIZED
TO EXERCISE THE STATE'S SET-OFF RIGHTS BY WITHHOLDING ANY AMOUNTS DUE
AND OWING TO SUCH DISTRICT FROM SUCH OFFICE UNDER THIS ARTICLE OR THE
SOCIAL SERVICES LAW UP TO THE AMOUNTS DUE AND OWING TO THE STATE UNDER
THIS SECTION AND TRANSFERRING SUCH FUNDS TO THE YOUTH FACILITIES PER
DIEM ACCOUNT.
S 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010; provided,
however, that the provisions of section one of this act shall apply to
all per diems established by the office of children and family services
for office programs for the 2002 calendar year and thereafter; and
provided further, however, that the provisions of section two of this
act shall apply to all outstanding reimbursements due by social services
districts to the office of children and family services on or before
April 1, 2010 and thereafter.
PART GG
Section 1. Paragraphs (a-2) and (a-3) of subdivision 2 of section
131-a of the social services law, as added by section 1 of part Y of
chapter 57 of the laws of 2009, are amended and two new paragraphs (a-4)
and (a-5) are added to read as follows:
(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand eleven, the following schedule shall be the
standard of monthly need for determining eligibility for all categories
of assistance in and by all social services districts:
Number of Persons in Household
One Two Three Four Five Six
[$141] [$225] [$300] [$386] [$477] [$551]
$134 $214 $285 $366 $452 $522
For each additional person in the household there shall be added an
additional amount of [seventy-five] SEVENTY-ONE dollars monthly.
(a-3) For the period beginning July first, two thousand eleven and
[thereafter,] ENDING JUNE THIRTIETH, TWO THOUSAND TWELVE the following
schedule shall be the standard of monthly need for determining eligibil-
ity for all categories of assistance in and by all social services
districts:
Number of Persons in Household
One Two Three Four Five Six
[$158] [$252] [$335] [$432] [$533] [$616]
$142 $226 $301 $388 $479 $553
For each additional person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-SIX dollars monthly.
(A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND TWELVE AND
ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, THE FOLLOWING SCHEDULE
S. 6607--A 160 A. 9707--A
SHALL BE THE STANDARD OF MONTHLY NEED FOR DETERMINING ELIGIBILITY FOR
ALL CATEGORIES OF ASSISTANCE IN AND BY ALL SOCIAL SERVICES DISTRICTS:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$150 $239 $319 $411 $507 $585
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY DOLLARS MONTHLY.
(A-5) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, THE FOLLOWING SCHEDULE SHALL BE THE STANDARD OF MONTHLY NEED
FOR DETERMINING ELIGIBILITY FOR ALL CATEGORIES OF ASSISTANCE IN AND BY
ALL SOCIAL SERVICES DISTRICTS:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$159 $253 $338 $435 $537 $619
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
S 2. Paragraphs (a-2) and (a-3) of subdivision 3 of section 131-a of
the social services law, as added by section 2 of part Y of chapter 57
of the laws of 2009, is amended and two new paragraphs (a-4) and (a-5)
are added to read as follows:
(a-2) For the period beginning July first, two thousand ten and ending
June thirtieth, two thousand eleven, persons and families determined to
be eligible by the application of the standard of need prescribed by the
provisions of subdivision two of this section, less any available income
or resources which are not required to be disregarded by other
provisions of this chapter, shall receive maximum monthly grants and
allowances in all social services districts, in accordance with the
following schedule, for public assistance:
Number of Persons in Household
One Two Three Four Five Six
[$141] [$225] [$300] [$386] [$477] [$551]
$134 $214 $285 $366 $452 $522
For each additional person in the household there shall be added an
additional amount of [seventy-five] SEVENTY-ONE dollars monthly.
(a-3) For the period beginning July first, two thousand eleven and
[thereafter,] ENDING JUNE THIRTIETH, TWO THOUSAND TWELVE persons and
families determined to be eligible by the application of the standard of
need prescribed by the provisions of subdivision two of this section,
less any available income or resources which are not required to be
disregarded by other provisions of this chapter, shall receive maximum
monthly grants and allowances in all social services districts, in
accordance with the following schedule, for public assistance:
Number of Persons in Household
One Two Three Four Five Six
[$158] [$252] [$335] [$432] [$533] [$616]
$142 $226 $301 $388 $479 $553
For each additional person in the household there shall be added an
additional amount of [eighty-four] SEVENTY-SIX dollars monthly.
(A-4) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND TWELVE AND
ENDING JUNE THIRTIETH, TWO THOUSAND THIRTEEN, PERSONS AND FAMILIES
DETERMINED TO BE ELIGIBLE BY THE APPLICATION OF THE STANDARD OF NEED
PRESCRIBED BY THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, LESS
ANY AVAILABLE INCOME OR RESOURCES WHICH ARE NOT REQUIRED TO BE DISRE-
GARDED BY OTHER PROVISIONS OF THIS CHAPTER, SHALL RECEIVE MAXIMUM MONTH-
S. 6607--A 161 A. 9707--A
LY GRANTS AND ALLOWANCES IN ALL SOCIAL SERVICES DISTRICTS, IN ACCORDANCE
WITH THE FOLLOWING SCHEDULE, FOR PUBLIC ASSISTANCE:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$150 $239 $319 $411 $507 $585
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY DOLLARS MONTHLY.
(A-5) FOR THE PERIOD BEGINNING JULY FIRST, TWO THOUSAND THIRTEEN AND
THEREAFTER, PERSONS AND FAMILIES DETERMINED TO BE ELIGIBLE BY THE APPLI-
CATION OF THE STANDARD OF NEED PRESCRIBED BY THE PROVISIONS OF SUBDIVI-
SION TWO OF THIS SECTION, LESS ANY AVAILABLE INCOME OR RESOURCES WHICH
ARE NOT REQUIRED TO BE DISREGARDED BY OTHER PROVISIONS OF THIS CHAPTER,
SHALL RECEIVE MAXIMUM MONTHLY GRANTS AND ALLOWANCES IN ALL SOCIAL
SERVICES DISTRICTS, IN ACCORDANCE WITH THE FOLLOWING SCHEDULE, FOR
PUBLIC ASSISTANCE:
NUMBER OF PERSONS IN HOUSEHOLD
ONE TWO THREE FOUR FIVE SIX
$159 $253 $338 $435 $537 $619
FOR EACH ADDITIONAL PERSON IN THE HOUSEHOLD THERE SHALL BE ADDED AN
ADDITIONAL AMOUNT OF EIGHTY-FIVE DOLLARS MONTHLY.
S 3. Notwithstanding section 153 of the social services law or any
other inconsistent provision of law, for the period beginning July 1,
2009 and ending March 31, 2014, the office of temporary and disability
assistance shall reimburse social services districts for the additional
incremental expenditures for public assistance directly resulting from
the changes in standards provided for in the provisions of subdivisions
2 and 3 of section 131-a of the social services law amended by sections
one and two of this act, after applying any applicable federal
reimbursement. The office of temporary and disability assistance shall
develop a methodology for determining the reimbursement to social
services districts pursuant to this section.
S 4. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2010.
PART HH
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, paragraphs (a), (b) and (d) as
amended and paragraph (c) as added by section 1 of part U of chapter 57
of the laws of 2009, are amended to read as follows:
(a) in the case of each individual receiving family care, an amount
equal to at least $130.00 for each month beginning on or after January
first, two thousand [nine] TEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least $150.00 for each month beginning on or after
January first, two thousand [nine] TEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least $178.00 for each month beginning on or
after January first, two thousand [nine] TEN.
(d) for the period commencing January first, two thousand [ten]
ELEVEN, 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
S. 6607--A 162 A. 9707--A
(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 [ten] ELEVEN, but prior to June thirtieth, two thousand [ten]
ELEVEN, 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, paragraphs (a), (b), (c), (d)
and (e) as amended by section 3 and paragraph (f) as added by section 4
of part U of chapter 57 of the laws of 2009, are amended to read as
follows:
(a) On and after January first, two thousand [nine] TEN, for an eligi-
ble individual living alone, $761.00; and for an eligible couple living
alone, $1115.00.
(b) On and after January first, two thousand [nine] TEN, for an eligi-
ble individual living with others with or without in-kind income,
$697.00; and for an eligible couple living with others with or without
in-kind income, $1057.00.
(c) On and after January first, two thousand [nine] TEN, (i) for an
eligible individual receiving family care, $940.48 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 individual
receiving such care in any other county in the state, $902.48; 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.
(d) On and after January first, two thousand [nine] TEN, (i) for an
eligible individual receiving residential care, $1109.00 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 individ-
ual receiving such care in any other county in the state, $1079.00; 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 [nine] TEN, for an
eligible individual receiving enhanced residential care, $1368.00; 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-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [ten] ELEVEN but prior
to June thirtieth, two thousand [ten] ELEVEN.
S 3. This act shall take effect December 31, 2010.
PART II
Section 1. Subdivision 2 of section 208 of the social services law, as
added by chapter 1080 of the laws of 1974, is amended to read as
follows:
S. 6607--A 163 A. 9707--A
2. "Additional state payments" shall mean payments made to aged, blind
and disabled persons who are receiving, or who would but for their
income be eligible to receive, federal supplemental security income
benefits, whether made by social services districts in accordance with
the provisions of this title and with title sixteen of the federal
social security act, or by the secretary of the federal department of
health, education and welfare, pursuant to and in accordance with the
provisions of this title, title sixteen of the federal social security
act, and provisions of any agreement entered into between the state and
such secretary by which the secretary agrees to administer such addi-
tional state payments on behalf of the state. SUCH PAYMENTS ARE EQUAL TO
THE STANDARD OF NEED LESS THE GREATER OF THE FEDERAL BENEFIT RATE OR
COUNTABLE INCOME. FOR PURPOSES OF THIS TITLE, THE "FEDERAL BENEFIT RATE"
SHALL MEAN THE MAXIMUM PAYMENT OF SUPPLEMENTAL SECURITY INCOME PAYABLE
TO A PERSON OR COUPLE WITH NO COUNTABLE INCOME.
S 2. Section 208 of the social services law is amended by adding a new
subdivision 12 to read as follows:
12. "STANDARD OF NEED" SHALL REFER SOLELY TO THE MAXIMUM LEVEL OF
INCOME A PERSON OR COUPLE MAY HAVE AND REMAIN ELIGIBLE FOR ADDITIONAL
STATE PAYMENTS UNDER THIS TITLE. THE TERM APPLIES SOLELY TO THE PROGRAM
OF ADDITIONAL STATE PAYMENTS AND HAS NO APPLICATION TO ANY OTHER PROGRAM
OR BENEFIT.
S 3. Paragraph (a) of subdivision 1 of section 209 of the social
services law, as added by chapter 1080 of the laws of 1974 and subpara-
graph (iv) as amended by chapter 214 of the laws of 1998, is amended to
read as follows:
(a) NOTWITHSTANDING ANY LAW TO THE CONTRARY, NO PERSON SHALL BE ELIGI-
BLE FOR ANY PAYMENT PURSUANT TO THIS TITLE WHO IS INELIGIBLE FOR SUPPLE-
MENTAL SECURITY INCOME FOR ANY REASON OTHER THAN HAVING COUNTABLE INCOME
EXCEEDING THE FEDERAL BENEFIT RATE FOR SUCH PROGRAM. An individual shall
be eligible to receive additional state payments if, AS SPECIFIED IN
REGULATIONS OF THE DEPARTMENT, he OR SHE HAS APPLIED FOR SUPPLEMENTAL
SECURITY INCOME BENEFITS, HAS RECEIVED A DETERMINATION WITH RESPECT TO
SUCH APPLICATION AND:
(i) is over sixty-five years of age, or is blind or disabled; and
(ii) does not have countable income in an amount equal to or greater
than the standard of need established in subdivision two of this
section; and
(iii) does not have countable resources in an amount equal to or
greater than the amount of resources an individual or couple may have
and remain eligible for supplemental security income benefits pursuant
to federal law and regulations of the department; and
(iv) is a resident of the state and is either a citizen of the United
States or is not an alien who is or would be ineligible for federal
supplemental security income benefits solely by reason of alien status.
S 4. The opening paragraph and paragraph (a) of subdivision 3 of
section 209 of the social services law, as added by chapter 1080 of the
laws of 1974, are amended to read as follows:
As used in subdivision two of this section AND IN ACCORDANCE WITH
REGULATIONS OF THE DEPARTMENT:
(a) "Living alone" shall mean living in a private household composed
of one eligible individual or one eligible couple AND NOT CATEGORIZED AS
LIVING WITH OTHERS UNDER PARAGRAPH (B) OF THIS SUBDIVISION.
S 5. Section 212 of the social services law is amended by adding a new
subdivision 3 to read as follows:
S. 6607--A 164 A. 9707--A
3. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION OR ANY OTHER
PROVISION OF THIS CHAPTER TO THE CONTRARY, THE COMMISSIONER OF THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, UPON A DETERMINATION THAT
TO DO SO WOULD BE FISCALLY ADVANTAGEOUS TO THE STATE AND SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY PROVIDE ADDITIONAL STATE
PAYMENTS TO ELIGIBLE RESIDENTS OF THE STATE AS REQUIRED BY THIS TITLE
AND PERFORM WITHOUT LIMITATION ALL THE DUTIES SET FORTH IN PARAGRAPHS
(A), (B), (C) AND (D) OF SUBDIVISION ONE OF THIS SECTION, EITHER DIRECT-
LY OR THROUGH STATE SUPERVISION OF A FISCAL AGENT.
S 6. This act shall take effect immediately.
PART JJ
Section 1. Title 7 of article 25 of the public health law is REPEALED.
S 2. The social services law is amended by adding a new article 8-A to
read as follows:
ARTICLE 8-A
NUTRITION OUTREACH AND PUBLIC
EDUCATION PROGRAM
SECTION 465. NUTRITION OUTREACH AND PUBLIC EDUCATION PROGRAM; ESTAB-
LISHMENT.
465-A. DEFINITIONS.
465-B. RESPONSIBILITIES OF THE COMMISSIONER.
465-C. GRANTS TO COMMUNITY ORGANIZATIONS.
465-D. CRITERIA FOR HIGH RISK AREAS.
S 465. NUTRITION OUTREACH AND PUBLIC EDUCATION PROGRAM; ESTABLISHMENT.
THE NUTRITION OUTREACH AND PUBLIC EDUCATION PROGRAM IS ESTABLISHED WITH-
IN THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE. SUCH PROGRAM IS
ESTABLISHED TO ENSURE MAXIMUM PARTICIPATION BY ELIGIBLE PERSONS IN
FEDERAL AND STATE FOOD ASSISTANCE PROGRAMS. THE PROGRAM SHALL BE STRUC-
TURED SO AS TO INCREASE PARTICIPATION STATEWIDE BUT WITH PARTICULAR
ATTENTION TO HIGH RISK AREAS WITH A FOCUS ON CERTAIN AT RISK POPU-
LATIONS.
S 465-A. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "HIGH RISK AREAS" MEANS ANY COUNTY OR URBAN AREA WHERE A SIGNIF-
ICANT PERCENTAGE OR NUMBER OF THOSE POTENTIALLY ELIGIBLE FOR FOOD
ASSISTANCE PROGRAMS ARE NOT PARTICIPATING IN SUCH PROGRAMS.
2. "FOOD ASSISTANCE PROGRAMS" MEANS PROGRAMS INCLUDING BUT NOT LIMITED
TO FOOD STAMP PROGRAMS, SCHOOL BREAKFAST AND LUNCH PROGRAMS, CHILD CARE
FOOD PROGRAMS, SUMMER FOOD SERVICE PROGRAMS, SPECIAL SUPPLEMENTAL
PROGRAMS FOR WOMEN, INFANTS AND CHILDREN, CONGREGATE MEAL PROGRAMS AND
HOME DELIVERED MEAL PROGRAMS.
3. "AT RISK POPULATIONS" MEANS POPULATIONS INCLUDING BUT NOT LIMITED
TO FAMILIES WITH CHILDREN RECEIVING FAMILY ASSISTANCE, HOUSEHOLDS
RECEIVING FEDERAL SUPPLEMENTAL SECURITY INCOME PAYMENTS, HOUSEHOLDS WITH
INCOMES AT OR BELOW ONE HUNDRED EIGHTY-FIVE PERCENT OF THE POVERTY
LEVEL, RECIPIENTS OF EMERGENCY FOOD, ELDERLY OR DISABLED PERSONS, HOME-
LESS PERSONS, UNEMPLOYED PERSONS, AND FAMILIES AND PERSONS RESIDING IN
RURAL HOUSEHOLDS WHO ARE AT RISK OF NUTRITIONAL DEFICIENCIES.
S 465-B. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL
DIRECTLY OR THROUGH CONTRACT ADMINISTER A PROGRAM OF NUTRITION OUTREACH
THAT SHALL INCLUDE BUT NOT BE LIMITED TO:
1. STATEWIDE COORDINATION;
2. PROVISION OF INFORMATION AS TO THE AVAILABILITY OF, ELIGIBILITY
CRITERIA FOR, AND APPLICATION PROCEDURE FOR FOOD ASSISTANCE PROGRAMS;
S. 6607--A 165 A. 9707--A
3. COORDINATION OF EFFORTS AMONG STATE AGENCIES INCLUDING, BUT NOT
LIMITED TO, THE DEPARTMENT OF HEALTH, THE OFFICE FOR THE AGING, AND THE
EDUCATION DEPARTMENT AND COMMUNITY AGENCIES INVOLVED IN FOOD ASSISTANCE
PROGRAMS;
4. COMPILATION OF STATISTICAL DATA FROM STATE AND LOCAL AGENCIES AND
DISSEMINATION TO COMMUNITY ORGANIZATIONS; AND
5. NUTRITION EDUCATION.
S 465-C. GRANTS TO COMMUNITY ORGANIZATIONS. THE COMMISSIONER SHALL
MAKE GRANTS WITHIN THE AMOUNT APPROPRIATED THEREFOR TO COMMUNITY-BASED
ORGANIZATIONS OR CONSORTIA OF COMMUNITY-BASED ORGANIZATIONS IN HIGH RISK
AREAS FOR OUTREACH ACTIVITIES. SUCH OUTREACH ACTIVITIES SHALL INCLUDE
BUT NOT BE LIMITED TO:
1. IDENTIFICATION OF BARRIERS TO PARTICIPATION IN FOOD ASSISTANCE
PROGRAMS INCLUDING THE UNAVAILABILITY OF SUCH PROGRAMS;
2. INFORMATION AS TO PROGRAM AVAILABILITY, INDIVIDUAL OR HOUSEHOLD
ELIGIBILITY, AND APPLICATION PROCEDURE;
3. IDENTIFICATION OF AT RISK POPULATIONS AND INDIVIDUALS WITHIN THE AT
RISK POPULATIONS WHO ARE NOT PARTICIPATING;
4. ASSISTANCE WITH ELIGIBILITY REQUIREMENTS INCLUDING VERIFICATION AND
ENROLLMENT;
5. DISSEMINATION OF INFORMATION TO AND CONDUCTING TRAINING SESSIONS
FOR LOCAL GROUPS; AND
6. NUTRITION EDUCATION TO AT RISK POPULATIONS.
S 465-D. CRITERIA FOR HIGH RISK AREAS. IN SELECTING THOSE AREAS WHICH
WOULD BE DETERMINED TO BE HIGH RISK AND THEREFORE ELIGIBLE FOR A GRANT,
THE COMMISSIONER MAY CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO:
1. FIFTY PERCENT OR MORE OF THOSE POTENTIALLY ELIGIBLE ARE NOT PARTIC-
IPATING IN THE FOOD STAMP PROGRAM OR WHERE A SIGNIFICANT NUMBER OF THE
POPULATION POTENTIALLY ELIGIBLE, PARTICULARLY THE WORKING POOR AND THE
ELDERLY, ARE NOT PARTICIPATING;
2. TWENTY-FIVE PERCENT OR MORE OF CHILDREN ARE ELIGIBLE FOR FREE OR
REDUCED PRICE MEALS WITHIN THE SCHOOL LUNCH PROGRAM;
3. INFANT MORTALITY OR MORBIDITY RATES;
4. ECONOMIC INDICATORS INCLUDING, BUT NOT LIMITED TO, THE UNEMPLOYMENT
RATE, PREVAILING WAGES, AND RECENT LOSS OF JOB BASE;
5. HIGH CONCENTRATION OF AT RISK POPULATIONS; AND
6. UNAVAILABILITY OF FOOD ASSISTANCE PROGRAMS IN THE AREA BECAUSE OF
LACK OF PROVIDER PARTICIPATION OR KNOWLEDGE ABOUT THE EXISTENCE OF SUCH
PROGRAMS.
S 3. This act shall take effect immediately.
PART KK
Section 1. Paragraphs (a) and (b) of subdivision 3 of section 171-a of
the tax law, paragraph (a) as amended by section 3 of part V of chapter
57 of the laws of 2009 and paragraph (b) as added by chapter 818 of the
laws of 1990, are amended to read as follows:
(a) Notwithstanding any law to the contrary, the commissioner [of
taxation and finance] shall maintain cooperative agreements with the
[state] office of temporary and disability assistance, which shall
provide:
(i) for the utilization by the office of temporary and disability
assistance of information obtained pursuant to subdivision one of this
section, for the purpose of verifying eligibility for and entitlement to
amounts of benefits under the social services law, ADMINISTRATION OF
SUCH OFFICE'S PUBLIC ASSISTANCE PROGRAMS, locating absent parents or
S. 6607--A 166 A. 9707--A
other persons legally responsible for the support of applicants or
recipients of public assistance and care under the social services law
and persons legally responsible for the support of a recipient of
services under section one hundred eleven-g of the social services law
and, in appropriate cases, establishing support obligations pursuant to
the social services law and the family court act, and for the purpose of
evaluating the effect on earnings of participation in employment or
training programs authorized pursuant to the social services law by
current recipients of public assistance and care and by former recipi-
ents of public assistance and care, such agreement shall further provide
to the degree required by federal law for the commissioner and the
office of temporary and disability assistance to provide information
obtained pursuant to subdivision one of this section to the federal
social security administration or to public agencies in other states
which administer programs under the food stamp act of nineteen hundred
seventy-seven or title I, II, IV-A, IV-D, X, XIV, XVI, or XIX of the
federal social security act and to take such other steps as may be
required by section one thousand one hundred thirty-seven of the social
security act or federal regulations promulgated thereunder; and
(ii) for the utilization by the office of temporary and disability
assistance of information obtained pursuant to subdivision one of this
section, with respect to the parents, the stepparents, the child and the
siblings of the child who were living in the same household as a child
who is in the custody, care and custody or custody and guardianship of a
local social services district or of the office of children and family
services during the month that the court proceedings leading to the
child's removal from the household were initiated, or the written
instrument transferring care and custody of the child pursuant to the
provisions of section three hundred fifty-eight-a or three hundred
eighty-four-a of the social services law was signed, provided however,
that the office of temporary and disability assistance shall only use
the information obtained pursuant to this subdivision, for the purpose
of determining the eligibility of such child for federal payments for
foster care and adoption assistance pursuant to the provisions of title
IV-E of the federal social security act. Notwithstanding any other
provision of law, the office of temporary and disability assistance is
authorized to share information obtained pursuant to this subdivision
with any applicable social services district, provided however, that if
such information is shared, that such social services district shall
only use the information obtained for the purpose of determining the
eligibility of such child for federal payments for foster care and
adoption assistance pursuant to the provisions of title IV-E of the
federal social security act.
(b) Notwithstanding any law to the contrary and not later than ninety
days after the effective date of this paragraph, the commissioner [of
taxation and finance] shall enter into a cooperative agreement with the
commissioner of [social services] THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE for the delivery to [the state department of social services]
SUCH OFFICE of information obtained pursuant to subdivision one [hereof]
OF THIS SECTION, which information shall be utilized for the purpose of
enabling such [department] OFFICE to fulfill obligations and responsi-
bilities otherwise incumbent upon the state department of labor under
section one hundred twenty-four of the federal family support act of
nineteen hundred eighty-eight by giving the federal parent locator
service, maintained by the federal department of health and human
S. 6607--A 167 A. 9707--A
services, prompt access to certain wage information for use by such
latter department for the purpose of complying with such act.
S 2. Subdivision 4 of section 171-a of the tax law, as amended by
chapter 214 of the laws of 1998, is amended to read as follows:
(4) Notwithstanding any law to the contrary and not later than Septem-
ber first, nineteen hundred ninety-seven, the commissioner shall enter
into a cooperative agreement with the state department of labor to allow
the information obtained by the department pursuant to subdivision one
of this section to be made available to the department of labor, or
other individuals designated by the commissioner of labor, for adminis-
tration of such department's employment security programs[, public
assistance work programs,] or for other purposes deemed appropriate by
the commissioner of labor consistent with the provisions of the labor
law, as well as for the evaluation of the effect on earnings of partic-
ipation in training programs with respect to which the department of
labor has reporting, monitoring, administering, or evaluating responsi-
bilities.
S 3. Paragraph 3 of subsection (e) of section 697 of the tax law, as
amended by section 4 of part V of chapter 57 of the laws of 2009, is
amended to read as follows:
(3) Nothing [herein] IN THIS SUBSECTION shall be construed to prohibit
the department, its officers or employees from furnishing information to
the office of temporary and disability assistance relating to the
payment of the credit for certain household and dependent care services
necessary for gainful employment under subsection (c) of section six
hundred six of this article and the earned income credit under
subsection (d) of section six hundred six of this article, or pursuant
to a local law enacted by a city having a population of one million or
more pursuant to subsection (f) of section thirteen hundred ten of this
chapter, only to the extent necessary to calculate qualified state
expenditures under paragraph seven of subdivision (a) of section four
hundred nine of the federal social security act or to document the prop-
er expenditure of federal temporary assistance for needy families funds
under section four hundred three of such act. The office of temporary
and disability assistance may redisclose such information to the United
States department of health and human services only to the extent neces-
sary to calculate such qualified state expenditures or to document the
proper expenditure of such federal temporary assistance for needy fami-
lies funds. Nothing [herein] IN THIS SUBSECTION shall be construed to
prohibit the delivery by the commissioner to a commissioner of jurors,
appointed pursuant to section five hundred four of the judiciary law,
or, in counties within cities having a population of one million or
more, to the county clerk of such county, of a mailing list of individ-
uals to whom income tax forms are mailed by the commissioner for the
sole purpose of compiling a list of prospective jurors as provided in
article sixteen of the judiciary law. Provided, however, such delivery
shall only be made pursuant to an order of the chief administrator of
the courts, appointed pursuant to section two hundred ten of the judici-
ary law. No such order may be issued unless such chief administrator is
satisfied that such mailing list is needed to compile a proper list of
prospective jurors for the county for which such order is sought and
that, in view of the responsibilities imposed by the various laws of the
state on the department, it is reasonable to require the commissioner to
furnish such list. Such order shall provide that such list shall be used
for the sole purpose of compiling a list of prospective jurors and that
such commissioner of jurors, or such county clerk, shall take all neces-
S. 6607--A 168 A. 9707--A
sary steps to insure that the list is kept confidential and that there
is no unauthorized use or disclosure of such list. Furthermore, nothing
[herein] IN THIS SUBSECTION shall be construed to prohibit the delivery
to a taxpayer or his or her duly authorized representative of a certi-
fied copy of any return or report filed in connection with his or her
tax or to prohibit the publication of statistics so classified as to
prevent the identification of particular reports or returns and the
items thereof, or the inspection by the attorney general or other legal
representatives of the state of the report or return of any taxpayer or
of any employer filed under section one hundred seventy-one-h of this
chapter, where such taxpayer or employer shall bring action to set aside
or review the tax based thereon, or against whom an action or proceeding
under this chapter or under this chapter and article eighteen of the
labor law has been recommended by the commissioner, the commissioner of
labor with respect to unemployment insurance matters, or the attorney
general or has been instituted, or the inspection of the reports or
returns required under this article by the comptroller or duly desig-
nated officer or employee of the state department of audit and control,
for purposes of the audit of a refund of any tax paid by a taxpayer
under this article, or the furnishing to the state department of labor
of unemployment insurance information obtained or derived from quarterly
combined withholding, wage reporting and unemployment insurance returns
required to be filed by employers pursuant to paragraph four of
subsection (a) of section six hundred seventy-four of this article, for
purposes of administration of such department's unemployment insurance
program, employment services program, federal and state employment and
training programs, employment statistics and labor market information
programs, worker protection programs, federal programs for which the
department has administrative responsibility or for other purposes
deemed appropriate by the commissioner of labor consistent with the
provisions of the labor law, and redisclosure of such information in
accordance with the provisions of sections five hundred thirty-six and
five hundred thirty-seven of the labor law or any other applicable law,
or the furnishing to the [state] office of temporary and disability
assistance of information obtained or derived from New York state
personal income tax returns as described in paragraph (b) of subdivision
two of section one hundred seventy-one-g of this chapter for the purpose
of reviewing support orders enforced pursuant to title six-A of article
three of the social services law to aid in the determination of whether
such orders should be adjusted, or the furnishing of information
obtained from the reports required to be submitted by employers regard-
ing newly hired or re-hired employees pursuant to section one hundred
seventy-one-h of this chapter to the [state] office of temporary and
disability assistance, the state department of health, the state depart-
ment of labor and the workers' compensation board for purposes of admin-
istration of the child support enforcement program, verification of
individuals' eligibility for one or more of the programs specified in
subsection (b) of section eleven hundred thirty-seven of the federal
social security act and for other public assistance programs authorized
by state law, and administration of the state's employment security and
workers' compensation programs, and to the national directory of new
hires established pursuant to section four hundred fifty-three-A of the
federal social security act for the purposes specified in such section,
or the furnishing to the [state] office of temporary and disability
assistance of the amount of an overpayment of income tax and interest
thereon certified to the comptroller to be credited against past-due
S. 6607--A 169 A. 9707--A
support pursuant to section one hundred seventy-one-c of this chapter
and of the name and social security number of the taxpayer who made such
overpayment, or the disclosing to the commissioner of finance of the
city of New York, pursuant to section one hundred seventy-one-l of this
chapter, of the amount of an overpayment and interest thereon certified
to the comptroller to be credited against a city of New York tax warrant
judgment debt and of the name and social security number of the taxpayer
who made such overpayment, or the furnishing to the New York state high-
er education services corporation of the amount of an overpayment of
income tax and interest thereon certified to the comptroller to be cred-
ited against the amount of a default in repayment of any education loan
debt, including judgments, owed to the federal or New York state govern-
ment that is being collected by the New York state higher education
services corporation, and of the name and social security number of the
taxpayer who made such overpayment, or the furnishing to the state
department of health of the information required by paragraph (f) of
subdivision two and subdivision two-a of section two thousand five
hundred eleven of the public health law and by subdivision eight of
section three hundred sixty-six-a and paragraphs (b) and (d) of subdivi-
sion two of section three hundred sixty-nine-ee of the social services
law, or the furnishing to the state university of New York or the city
university of New York respectively or the attorney general on behalf of
such state or city university the amount of an overpayment of income tax
and interest thereon certified to the comptroller to be credited against
the amount of a default in repayment of a state university loan pursuant
to section one hundred seventy-one-e of this chapter and of the name and
social security number of the taxpayer who made such overpayment, or the
disclosing to a state agency, pursuant to section one hundred seventy-
one-f of this chapter, of the amount of an overpayment and interest
thereon certified to the comptroller to be credited against a past-due
legally enforceable debt owed to such agency and of the name and social
security number of the taxpayer who made such overpayment, or the
furnishing of employee and employer information obtained through the
wage reporting system, pursuant to section one hundred seventy-one-a of
this chapter, as added by chapter five hundred forty-five of the laws of
nineteen hundred seventy-eight, to the [state] office of temporary and
disability assistance, the department of health or to the state office
of the medicaid inspector general for the purpose of verifying eligibil-
ity for and entitlement to amounts of benefits under the social services
law or similar law of another jurisdiction, locating absent parents or
other persons legally responsible for the support of applicants for or
recipients of public assistance and care under the social services law
and persons legally responsible for the support of a recipient of
services under section one hundred eleven-g of the social services law
and, in appropriate cases, establishing support obligations pursuant to
the social services law and the family court act or similar provision of
law of another jurisdiction for the purpose of evaluating the effect on
earnings of participation in employment, training or other programs
designed to promote self-sufficiency authorized pursuant to the social
services law by current recipients of public assistance and care and by
former applicants and recipients of public assistance and care, [(except
that with regard to former recipients, information which relates to a
particular former recipient shall be provided with client identifying
data deleted),] to the [state] office of temporary and disability
assistance FOR THE PURPOSE OF THE ADMINISTRATION OF SUCH OFFICE'S PUBLIC
ASSISTANCE PROGRAMS, PROVIDED, HOWEVER, THAT THIS INFORMATION REGARDING
S. 6607--A 170 A. 9707--A
FORMER RECIPIENTS SHALL NOT BE USED TO RECOVER PUBLIC ASSISTANCE PREVI-
OUSLY PROVIDED TO SUCH RECIPIENTS AND SHALL ONLY BE AVAILABLE TO THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE FOR A PERIOD OF THREE
YEARS SIX MONTHS AFTER THE CLOSURE OF THE RECIPIENT'S PUBLIC ASSISTANCE
CASE AND ONLY FOR THE PURPOSE OF EVALUATING SUCH FORMER RECIPIENT'S
ELIGIBILITY FOR TRANSITIONAL BENEFITS AND FOR THE PURPOSE OF EVALUATING
THE EFFECTIVENESS OF PUBLIC ASSISTANCE PROGRAMS AND EMPLOYMENT PERFORM-
ANCE WHEN RECIPIENTS LEAVE PUBLIC ASSISTANCE AND ANY USES OF THE INFOR-
MATION NOT EXPRESSLY PERMITTED ARE PROHIBITED, AND for the purpose of
determining the eligibility of any child in the custody, care and custo-
dy or custody and guardianship of a local social services district or of
the office of children and family services for federal payments for
foster care and adoption assistance pursuant to the provisions of title
IV-E of the federal social security act by providing information with
respect to the parents, the stepparents, the child and the siblings of
the child who were living in the same household as such child during the
month that the court proceedings leading to the child's removal from the
household were initiated, or the written instrument transferring care
and custody of the child pursuant to the provisions of section three
hundred fifty-eight-a or three hundred eighty-four-a of the social
services law was signed, provided however that the office of temporary
and disability assistance shall only use the information obtained pursu-
ant to this [subdivision] SUBSECTION for the purpose of determining the
eligibility of such child for federal payments for foster care and
adoption assistance pursuant to the provisions of title IV-E of the
federal social security act, and to the state department of labor, or
other individuals designated by the commissioner of labor, for the
purpose of the administration of such department's unemployment insur-
ance program, employment services program, federal and state employment
and training programs, employment statistics and labor market informa-
tion programs, worker protection programs, federal programs for which
the department has administrative responsibility or for other purposes
deemed appropriate by the commissioner of labor consistent with the
provisions of the labor law, and redisclosure of such information in
accordance with the provisions of sections five hundred thirty-six and
five hundred thirty-seven of the labor law, or the furnishing of infor-
mation, which is obtained from the wage reporting system operated pursu-
ant to section one hundred seventy-one-a of this chapter, as added by
chapter five hundred forty-five of the laws of nineteen hundred seven-
ty-eight, to the [state] office of temporary and disability assistance
so that it may furnish such information to public agencies of other
jurisdictions with which the [state] office of temporary and disability
assistance has an agreement pursuant to paragraph (h) or (i) of subdivi-
sion three of section twenty of the social services law, and to the
[state] office of temporary and disability assistance for the purpose of
fulfilling obligations and responsibilities otherwise incumbent upon the
state department of labor, under section one hundred twenty-four of the
federal family support act of nineteen hundred eighty-eight, by giving
the federal parent locator service, maintained by the federal department
of health and human services, prompt access to such information as
required by such act, or to the state department of health to verify
eligibility under the child health insurance plan pursuant to subdivi-
sions two and two-a of section two thousand five hundred eleven of the
public health law, to verify eligibility under the medical assistance
and family health plus programs pursuant to subdivision eight of section
three hundred sixty-six-a and paragraphs (b) and (d) of subdivision two
S. 6607--A 171 A. 9707--A
of section three hundred sixty-nine-ee of the social services law, and
to verify eligibility for the program for elderly pharmaceutical insur-
ance coverage under title three of article two of the elder law, or to
the office of vocational and educational services for individuals with
disabilities of the education department, the commission for the blind
and visually handicapped and any other state vocational rehabilitation
agency, for purposes of obtaining reimbursement from the federal social
security administration for expenditures made by such office, commission
or agency on behalf of disabled individuals who have achieved economic
self-sufficiency or to the higher education services corporation for the
purpose of assisting the corporation in default prevention and default
collection of education loan debt, including judgments, owed to the
federal or New York state government; provided, however, that such
information shall be limited to the names, social security numbers, home
and/or business addresses, and employer names of defaulted or delinquent
student loan borrowers.
Provided, however, that with respect to employee information the
office of temporary and disability assistance shall only be furnished
with the names, social security account numbers and gross wages of those
employees who are (A) applicants for or recipients OR FORMER RECIPIENTS
of benefits under the social services law, or similar provision of law
of another jurisdiction (pursuant to an agreement under subdivision
three of section twenty of the social services law), PROVIDED, HOWEVER,
THAT THIS INFORMATION REGARDING FORMER RECIPIENTS SHALL NOT BE USED TO
RECOVER PUBLIC ASSISTANCE PREVIOUSLY PROVIDED TO SUCH RECIPIENTS AND
SHALL ONLY BE AVAILABLE TO THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE FOR A PERIOD OF THREE YEARS SIX MONTHS AFTER THE CLOSURE OF
THE RECIPIENT'S PUBLIC ASSISTANCE CASE AND ONLY FOR THE PURPOSE OF EVAL-
UATING SUCH FORMER RECIPIENT'S ELIGIBILITY FOR TRANSITIONAL BENEFITS AND
FOR THE PURPOSE OF EVALUATING THE EFFECTIVENESS OF PUBLIC ASSISTANCE
PROGRAMS AND EMPLOYMENT PERFORMANCE WHEN RECIPIENTS LEAVE PUBLIC ASSIST-
ANCE AND ANY USES OF THE INFORMATION NOT EXPRESSLY PERMITTED ARE PROHIB-
ITED, or, (B) absent parents or other persons legally responsible for
the support of applicants for or recipients of public assistance and
care under the social services law or similar provision of law of anoth-
er jurisdiction (pursuant to an agreement under subdivision three of
section twenty of the social services law), or (C) persons legally
responsible for the support of a recipient of services under section one
hundred eleven-g of the social services law or similar provision of law
of another jurisdiction (pursuant to an agreement under subdivision
three of section twenty of the social services law), or (D) employees
about whom wage reporting system information is being furnished to
public agencies of other jurisdictions, with which the [state] office of
temporary and disability assistance has an agreement pursuant to para-
graph (h) or (i) of subdivision three of section twenty of the social
services law, or (E) employees about whom wage reporting system informa-
tion is being furnished to the federal parent locator service, main-
tained by the federal department of health and human services, for the
purpose of enabling the [state] office of temporary and disability
assistance to fulfill obligations and responsibilities otherwise incum-
bent upon the state department of labor, under section one hundred twen-
ty-four of the federal family support act of nineteen hundred eighty-
eight, and, only if, the office of temporary and disability assistance
certifies to the commissioner that such persons are such applicants,
recipients, absent parents or persons legally responsible for support or
persons about whom information has been requested by a public agency of
S. 6607--A 172 A. 9707--A
another jurisdiction or by the federal parent locator service and
further certifies that in the case of information requested under agree-
ments with other jurisdictions entered into pursuant to subdivision
three of section twenty of the social services law, that such request is
in compliance with any applicable federal law. Provided, further, that
where the office of temporary and disability assistance requests employ-
ee information for the purpose of evaluating the effects on earnings of
participation in employment, training or other programs designed to
promote self-sufficiency authorized pursuant to the social services law,
the office of temporary and disability assistance shall [only] be
furnished with (I) THE NAME, (II) THE WAGES OF INDIVIDUALS INCLUDING the
quarterly gross wages [(excluding any reference to the name], (III) THE
INFORMATION PROVIDED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE TO THE DEPARTMENT FOR THE PURPOSES OF MATCHING TO THE DEPARTMENT'S
RECORDS, (IV) THE social security number or [any] other information
which could be used to identify [any employee or] EMPLOYEES, AND (V) the
name [or identification number of any employer) paid to] AND FEDERAL
EMPLOYER IDENTIFICATION NUMBERS OF EMPLOYERS FOR SUCH employees who are
former applicants for or recipients OR FORMER RECIPIENTS of public
assistance and care and who are so certified to the commissioner by the
commissioner of the office of temporary and disability assistance.
Provided, further, that with respect to employee information, the
department of health shall only be furnished with the information
required pursuant to the provisions of paragraph (f) of subdivision two
and subdivision two-a of section two thousand five hundred eleven of the
public health law and subdivision eight of section three hundred sixty-
six-a and paragraphs (b) and (d) of subdivision two of section three
hundred sixty-nine-ee of the social services law, with respect to those
individuals whose eligibility under the child health insurance plan,
medical assistance program, and family health plus program is to be
determined pursuant to such provisions and with respect to those members
of any such individual's household whose income affects such individ-
ual's eligibility and who are so certified to the commissioner or by the
department of health. Provided, further, that wage reporting information
shall be furnished to the office of vocational and educational services
for individuals with disabilities of the education department, the
commission for the blind and visually handicapped and any other state
vocational rehabilitation agency only if such office, commission or
agency, as applicable, certifies to the commissioner that such informa-
tion is necessary to obtain reimbursement from the federal social secu-
rity administration for expenditures made on behalf of disabled individ-
uals who have achieved self-sufficiency. Reports and returns shall be
preserved for three years and thereafter until the commissioner orders
them to be destroyed.
S 4. Subparagraph (B) of paragraph 2 of subsection (1) of section 697
of the tax law, as amended by chapter 214 of the laws of 1998, is
amended to read as follows:
(B) For purposes of this subsection, the term "employment security
[and public assistance work] program purposes" means the unemployment
insurance programs administered by the commissioner of labor pursuant to
the labor law and those employment and training programs with respect to
which the department of labor has administrative, reporting, monitoring,
or evaluating responsibilities.
S 5. Section 697 of the tax law is amended by adding a new subsection
(p) to read as follows:
S. 6607--A 173 A. 9707--A
(P) EXCHANGE OF WAGE REPORTING INFORMATION WITH THE OFFICE OF TEMPO-
RARY AND DISABILITY ASSISTANCE.--NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY, THE DEPARTMENT SHALL FURNISH TO THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE FOR PURPOSES CONSISTENT WITH ALL REQUIREMENTS
AND LIMITATIONS SET FORTH IN THIS SECTION, THE SOCIAL SERVICES LAW, AND
THE FEDERAL SOCIAL SECURITY ACT, THE NAME, THE WAGES OF INDIVIDUALS, THE
INFORMATION PROVIDED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSIST-
ANCE TO THE DEPARTMENT FOR THE PURPOSES OF MATCHING TO THE DEPARTMENT'S
RECORDS, THE SOCIAL SECURITY NUMBER OR OTHER INFORMATION WHICH COULD BE
USED TO IDENTIFY EMPLOYEES, AND THE NAME AND FEDERAL EMPLOYER IDENTIFI-
CATION NUMBERS OF EMPLOYERS CONTAINED WITHIN WITHHOLDING TAX INFORMATION
REQUIRED FROM EMPLOYERS PURSUANT TO PART V OF THIS ARTICLE FOR THE
PURPOSE OF EVALUATING THE EFFECTS OF PARTICIPATION IN EMPLOYMENT, TRAIN-
ING OR OTHER PROGRAMS DESIGNED TO PROMOTE SELF-SUFFICIENCY ON EARNINGS.
S 6. Paragraphs (a), (b), (c), and (c) and (d) of subdivision 1 of
section 23 of the social services law, paragraph (a) as amended by
section 1 of part V of chapter 57 of the laws of 2009, paragraphs (b),
(c) and (d) as amended by chapter 304 of the laws of 1990 and paragraph
(c) as added by chapter 818 of the laws of 1990, are amended to read as
follows:
(a) to social services districts:
(i) with respect to applicants for and recipients of public assistance
and care or other benefits pursuant to this chapter for which such
districts are responsible;
(ii) with respect to any person legally responsible for the support of
such applicants and recipients;
(iii) with respect to any person legally responsible for the support
of a recipient of services under section one hundred eleven-g of this
chapter or to any agent of any entity that is under contract with the
child support program pursuant to title six-A of article three of this
chapter; [and]
(iv) with respect to the parents, the stepparents, the child and the
siblings of the child who were living in the same household as a child
who is in the custody, care and custody or custody and guardianship of a
local social services district or of the office of children and family
services during the month that the court proceedings leading to the
child's removal from the household were initiated, or the written
instrument transferring care and custody of the child pursuant to the
provisions of section three hundred fifty-eight-a of this chapter or
section three hundred eighty-four-a of this chapter was signed, provided
however, that such social services district shall only use the informa-
tion obtained pursuant to this subdivision for the purpose of determin-
ing the eligibility of such child for federal payments for foster care
and adoption assistance pursuant to the provisions of title IV-E of the
federal social security act[,];
(b) to a public agency responsible for the administration of public
assistance and care in any geographically contiguous state with which
the department has an agreement with respect to wage information pursu-
ant to paragraph (h) of subdivision three of section twenty of this
article[,];
(c) to social services districts with respect to participants in
employment [or], training [programs] OR OTHER PROGRAMS DESIGNED TO
PROMOTE SELF-SUFFICIENCY authorized pursuant to this chapter who are
current recipients of public assistance and care or who are former
recipients of public assistance and care, (except that with regard to
former recipients, information which relates to a particular former
S. 6607--A 174 A. 9707--A
recipient shall be provided with client identifying data deleted) for
the purpose of evaluating the effect of participation in such programs
on such current and former recipients[, and];
[(c)] (D) to the federal parent locator service, maintained by the
federal department of health and human services, as required by section
one hundred twenty-four of the federal family support act of nineteen
hundred eighty-eight, for the purpose of enabling the [department]
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE to fulfill obligations and
responsibilities otherwise incumbent upon the state department of
labor[.]; AND
[(d)] (E) to the federal social security administration or public
agency of another state with which the [department] OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE has an agreement with respect to wage informa-
tion pursuant to paragraph (i) of subdivision three of section twenty of
this article.
S 7. Subdivision 3 of section 23 of the social services law, as
amended by section 2 of part V of chapter 57 of the laws of 2009, is
amended to read as follows:
3. Information obtained by the office of temporary and disability
assistance from the wage reporting system operated by the state depart-
ment of taxation and finance shall be considered confidential and shall
not be disclosed to persons or agencies other than those considered
entitled to such information when such disclosure is necessary for the
proper administration of [programs of] public assistance and care [or
for the proper administration] PROGRAMS, of the child support program
pursuant to title six-A of article three of this chapter, or of eligi-
bility assessments of children for federal payments for foster care and
adoption assistance pursuant to the provisions of title IV-E of the
federal social security act. For the purpose of this subdivision, any
disclosure made pursuant to subdivision one of this section shall be
considered necessary for the proper administration of [programs of]
public assistance and care PROGRAMS, INCLUDING ASSESSMENTS OF THE EFFEC-
TIVENESS THEREOF, OF THE CHILD SUPPORT PROGRAM PURSUANT TO TITLE SIX-A
OF ARTICLE THREE OF THIS CHAPTER, or of eligibility assessments of chil-
dren for federal payments for foster care and adoption assistance pursu-
ant to the provisions of title IV-E of the federal social security act;
and the federal parent locator service shall be considered an agency
entitled to such information as is necessary for the proper adminis-
tration of the child support program pursuant to title six-A of article
three of this chapter.
S 8. The social services law is amended by adding a new section 24 to
read as follows:
S 24. REPORTING OF PUBLIC ASSISTANCE RECIPIENT OUTCOMES USING WAGE
REPORTING DATA. USING INFORMATION OBTAINED FROM THE WAGE REPORTING
SYSTEM FOR NEW YORK STATE AND FOR EACH SOCIAL SERVICES DISTRICT, THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL POST ON ITS WEBSITE
ON A QUARTERLY BASIS:
1. THE PERCENTAGE AND NUMBER OF PUBLIC ASSISTANCE RECIPIENTS EIGHTEEN
YEARS OF AGE AND OLDER WITH EARNINGS DURING THE QUARTER, AND THE AVERAGE
AMOUNT OF THE EARNINGS;
2. THE PERCENTAGE AND NUMBER OF PERSONS EIGHTEEN YEARS OF AGE AND
OLDER LEAVING PUBLIC ASSISTANCE WHO HAD EARNINGS DURING THE QUARTER OF
EXIT, AND THE AVERAGE AMOUNT OF THE EARNINGS;
3. THE PERCENTAGE AND NUMBER OF PUBLIC ASSISTANCE RECIPIENTS WITHOUT
EARNINGS IN A QUARTER WHO HAVE EARNINGS IN THE SUBSEQUENT QUARTER, AND
THE AVERAGE AMOUNT OF THE EARNINGS;
S. 6607--A 175 A. 9707--A
4. FOR PERSONS ENTERING EMPLOYMENT, THE PERCENTAGE OF PERSONS WITH
EARNINGS IN EACH OF THE FOUR QUARTERS FOLLOWING JOB ENTRY AND THE AVER-
AGE CHANGE IN EARNINGS, WITH SUCH RATES REPORTED SEPARATELY FOR THOSE
LEAVING AND REMAINING ON PUBLIC ASSISTANCE; AND
5. THE PERCENTAGE OF PUBLIC ASSISTANCE RECIPIENTS LEAVING ASSISTANCE
FOR EMPLOYMENT WHO RECEIVE FOOD STAMP BENEFITS IN EACH OF THE FOUR QUAR-
TERS FOLLOWING EXIT.
S 9. The office of temporary and disability assistance shall add a
provision to its common application (LDSS 2921), at the time of its next
revision, advising applicants that the office of temporary and disabili-
ty assistance may obtain information from the wage reporting system
operated by the state department of taxation and finance regarding
applicants for, recipients of and former recipients of public assistance
and care, provided, however, that this information regarding former
recipients obtained using personal identifying information shall not be
used to recover public assistance previously provided to such recipients
and shall only be available to the office of temporary and disability
assistance and to the social services districts in accordance with
section 23 of the social services law for a period of three years six
months after the closure of the recipient's public assistance case and
only for the purpose of evaluating such former recipient's eligibility
for transitional benefits and for the purpose of evaluating the effec-
tiveness of public assistance programs and employment performance when
recipients leave public assistance and any uses of the information not
expressly permitted are prohibited.
S 10. In addition to quarterly reporting, the office of temporary and
disability assistance shall submit to the legislature and the governor a
final report of public assistance recipient outcomes using the wage
reporting data no later than January 1, 2014. Such report shall be made
available to the public on the website maintained by the office of
temporary and disability assistance.
S 11. This act shall take effect immediately and shall expire June 1,
2014 when upon such date the provisions of this act shall be deemed
repealed.
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 KK of this act shall be
as specifically set forth in the last section of such Parts.