Assembly Bill A8556D

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6356                                                  A. 8556

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence, calculation of the gap elimination restoration  amount,  appor-
  tionment  of  school aid, teachers of tomorrow teacher recruitment and
  retention program, school district reorganizations and  real  property
  tax  rates, transportation after 4 p.m., to establish a teacher excel-
  lence fund, duties and waivers of school districts with children  with
  handicapping conditions, to authorize the commissioner of education to
  establish  regional tuition rates for approved special education itin-
  erant services, to authorize reimbursement for approved special educa-
  tion itinerant services based on actual attendance, to  authorize  New
  York city to establish local tuition rates for approved special educa-
  tion  itinerant  services;  to  amend  chapter 756 of the laws of 1992
  relating to funding a program for work force  education  conducted  by
  the  consortium  for worker education in New York city, in relation to
  apportionment and reimbursement; and  in  relation  to  extending  the
  expiration  of certain provisions; to amend chapter 169 of the laws of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets;
  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; to amend the
  education law, in relation to the definition of "school district basic
  contribution";  to  amend chapter 147 of the laws of 2001 amending the
  education law relating to conditional appointment of school  district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002  amending  the education law relating to the provision of supple-
  mental educational services, attendance at a safe  public  school  and
  the  suspension  of pupils who bring a firearm to or possess a firearm
  at a school; to amend chapter 101 of the laws  of  2003  amending  the
  education  law  relating to implementation of the No Child Left Behind

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12672-01-4

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  Act of 2001, in  relation  to  extending  the  expiration  of  certain
  provisions  of  such  chapters;  to  provide special apportionment for
  school bus driver training; to provide special apportionment for sala-
  ry  expenses;  to  provide  special  apportionment  for public pension
  accruals; to provide special apportionment  for  salary  expenses;  in
  relation to suballocation of certain education department accruals; in
  relation  to  the  support  of public libraries; and providing for the
  repeal of certain provisions upon expiration thereof (Part A); author-
  izing the creation of a state  debt  in  the  amount  of  two  billion
  dollars,  in  relation  to creating the smart schools bond act of 2014
  for the purposes of funding capital projects to provide learning tech-
  nology equipment or facilities,  enhanced  internet  connectivity  for
  schools  and  communities,  and  educational facilities to accommodate
  pre-kindergarten programs; and providing for  the  submission  to  the
  people  of  a proposition or question therefor to be voted upon at the
  general election to be held in November, 2014 (Part B); to  amend  the
  education  law and the state finance law, in relation to the implemen-
  tation of the smart schools bond act of 2014 (Part C);  to  amend  the
  education  law,  in  relation to the nurse practitioners modernization
  act (Part D); to amend the education law and  the  executive  law,  in
  relation  to  harassment, bullying and discrimination in schools (Part
  E); to amend the executive law, in relation to unlawful discriminatory
  practices by educational institutions (Part F); to amend the education
  law, in relation to creating the science, technology, engineering  and
  mathematics  incentive  program  (Part  G); to amend chapter 57 of the
  laws of 2005 amending the labor law and other  laws  implementing  the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the
  New  York  state  higher  education capital matching grant program for
  independent colleges, in relation to the New York state higher  educa-
  tion  matching  grant  program for independent colleges and the effec-
  tiveness thereof (Part H);  to  amend  the  social  services  law,  in
  relation  to  increasing the standards of monthly need for aged, blind
  and disabled persons living in the community (Part I);  to  amend  the
  social  services  law,  in  relation to public assistance restrictions
  (Part J); to utilize reserves in the project pool insurance account of
  the mortgage insurance fund for various housing purposes (Part K); and
  to amend the education law, in relation  to  educational  programs  in
  juvenile justice programs operated by the office of children and fami-
  ly  services  (Subpart  A);  and  to amend the social services law, in
  relation to a deadline for the close to home  initiative  (Subpart  B)
  (Part L)

  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 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through L. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the

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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 educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year AND PROVIDED FURTHER THAT,  A  SCHOOL  DISTRICT  THAT  SUBMITTED  A
CONTRACT  FOR  EXCELLENCE  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE  IDENTIFIED
AS  IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR  WHICH   SHALL,
NOTWITHSTANDING  THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION,  PROVIDE  FOR  THE  EXPENDITURE  OF  AN
AMOUNT  WHICH  SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR.  For purposes of this paragraph, the "gap
elimination adjustment percentage" shall be calculated as the sum of one
minus the quotient of the sum of the school district's  net  gap  elimi-
nation  adjustment  for  two  thousand ten--two thousand eleven computed

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pursuant to chapter fifty-three of the laws of two thousand ten,  making
appropriations for the support of government, plus the school district's
gap  elimination adjustment for two thousand eleven--two thousand twelve
as  computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the support of  the  local  assistance
budget,  including  support  for  general  support  for  public schools,
divided by the total aid for adjustment  computed  pursuant  to  chapter
fifty-three  of  the  laws of two thousand eleven, making appropriations
for the local assistance budget, including support for  general  support
for  public  schools.  Provided,  further,  that  such  amount  shall be
expended to support  and  maintain  allowable  programs  and  activities
approved  in  the  two thousand nine--two thousand ten school year or to
support new or expanded allowable programs and activities in the current
year.
  S 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
law, as added by section 12 of part A of chapter 57 of the laws of 2013,
is amended and a new paragraph (g) is added to read as follows:
  (f)  The  gap  elimination  adjustment  restoration amount for the two
thousand fourteen--two thousand  fifteen  school  year  [and  thereafter
shall  equal  the  product  of  the  gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to  subdivision  eighteen of this section.] FOR A
SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
SIONER AND IN THE DATABASE  USED  BY  THE  COMMISSIONER  TO  PRODUCE  AN
UPDATED  ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  STATE
FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
  (I)  THE  PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY
THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO  PERCENT
(0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
SCHOOL  DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE HEADING
"2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
ENTITLED  "BT111-2"  MINUS  (B)  THE POSITIVE DIFFERENCE OF THE ABSOLUTE
VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "GAP  ELIMI-
NATION  ADJUSTMENT"  UNDER  THE  HEADING "2011-12 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (III) THE SUM OF (A) THE GREATER OF:
  (A)  THE  PRODUCT  OF  (1)  THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO
DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED
TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT  OF
THE  STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED  BY  (4)  THE  BASE  YEAR
PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND  FIFTY  CENTS
($363.50)  MULTIPLIED  BY  (1)  THE  POSITIVE DIFFERENCE, IF ANY, OF ONE
MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS  (1.37)  MULTI-
PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN

S. 6356                             5                            A. 8556

NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT ROUNDING MULTIPLIED BY (3) THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY,  OF  THE  BASE
YEAR  PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS  SECTION  MINUS  THE
PUBLIC  SCHOOL  DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE
BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT
HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY  (C)  THE  STATE  SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-
TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45)  AND  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT RESTORATION   ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  3.  Paragraph  a  of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is 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

S. 6356                             6                            A. 8556

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
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  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, 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 SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
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

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PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 developed by the commissioner and approved by the
director of the budget.
  S  4. The opening paragraph of section 3609-a of the education law, as
amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL YEAR, "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 appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision 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 subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  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 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. For aid payable in the two thousand thirteen--two
thousand  fourteen  school  year, reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".    FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN 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

S. 6356                             8                            A. 8556

FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-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.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, 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 thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
AREAS  SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE

S. 6356                             9                            A. 8556

BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED
FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS  MAY  BE  DETER-
MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL
DISTRICTS  IN  THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT
EXCEED A TEN-YEAR PERIOD.  TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA-
TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING
A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS  PRIOR
TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE
HELD,  TO  DEFER  AND/OR  PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE
BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES
NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN  PERIOD,  THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY.
  2.  DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION
OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER:
  (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE  SCHOOL
YEAR  IMMEDIATELY  PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION
TOOK EFFECT.
  (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT.
  (C)  DIVIDE  THE  PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE
APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF  THE  REORGANIZED
SCHOOL  DISTRICT.  THE  QUOTIENT  IS THE ASSESSED VALUE TAX RATE FOR THE
PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF  THE  SUM  OF  THE  REAL
PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING
THE  ASSESSED  VALUE  TAX  RATES  COMPUTED PURSUANT TO THIS SUBDIVISION,
WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR  BELOW  THE  TOTAL
REAL  PROPERTY  TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE
CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED
OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL  PROPERTY
TAX LEVY AMOUNT.
  3.  DURING  EACH  YEAR  OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN
YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR  TRUSTEES
OF  THE  CONSTITUENT  SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF
THE REORGANIZED SCHOOL DISTRICT SHALL BE  CALCULATED  IN  THE  FOLLOWING
MANNER:
  (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
TOOK EFFECT.
  (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE  RESULT  IS
THE BASE FULL VALUE TAX RATE OF THE PORTION.
  (C)  DETERMINE  THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN
THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION.
  (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE  THAT  WOULD  HAVE  APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE
PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE
FOR THE PORTION.
  (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL  VALUE  TAX  RATE
AND THE BASE FULL VALUE TAX RATE FOR THE PORTION.
  (F)  DIVIDE  THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS
IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT.

S. 6356                            10                            A. 8556

  (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER  OF  YEARS  FROM
THE  BEGINNING  OF  THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR
WHICH THE TAX RATE IS BEING DETERMINED.
  (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE.
  (I)  DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE.
THE QUOTIENT IS THE ASSESSED VALUE TAX RATE  FOR  THE  PORTION  FOR  THE
CURRENT  SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX
LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED
VALUE TAX RATES COMPUTED PURSUANT TO THIS  SUBDIVISION,  WOULD  YIELD  A
REAL  PROPERTY  TAX  LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY
TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT  SCHOOL
YEAR,  THE  ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED
PROPORTIONATELY SO AS TO YIELD THE  SPECIFIED  REAL  PROPERTY  TAX  LEVY
AMOUNT.
  4.  AS  USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT.
  S 7. Section 3627 of the education law, as added by section 23 of part
A of chapter 57 of the laws of 2013, is amended to read as follows:
  S  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
provisions  of  this section to the contrary, for the two thousand thir-
teen--two thousand fourteen  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  school  [year]  YEARS, a city school district located in a city
having a population of one  million  or  more  providing  transportation
pursuant to this chapter shall be responsible for:
  (a)  providing  transportation for those children attending public and
nonpublic schools in grades kindergarten through six who remain  at  the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock  in the afternoon or later, on weekdays, and reside at least one
mile from their school of attendance for grades three through  six,  and
at  least  one-half  mile  from  their  school  of attendance for grades
kindergarten through two or
  (b) reimbursing the cost incurred by licensed transportation  carriers
pursuant  to contracts with such school district for providing transpor-
tation for those children attending  public  and  nonpublic  schools  in
grades  kindergarten through six who remain at the same school for which
they are enrolled for regularly scheduled academic  classes  from  half-
past  nine  o'clock  in the morning or earlier until four o'clock in the
afternoon or later, on weekdays, and reside at least one mile from their
school of attendance for grades three through six, and at least one-half
mile from their school of attendance  for  grades  kindergarten  through
two.
  2.  Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the  school  district  and  any
entity providing or contracting for such transportation service.
  3.  A  district  shall  not be deemed to have satisfied its obligation
under this section by providing public service transportation.
  4. Notwithstanding any other provision of law  to  the  contrary,  any
expenditures for transportation provided pursuant to this section in the
two  thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN-
-TWO THOUSAND FIFTEEN school [year] YEARS  and  otherwise  eligible  for
transportation  aid  pursuant to subdivision seven of section thirty-six
hundred two of this article shall be considered approved  transportation
expenses eligible for transportation aid, provided further that such aid
shall  be  limited  to  five  million  six hundred thousand dollars. And
provided further that such expenditures  eligible  for  aid  under  this

S. 6356                            11                            A. 8556

section shall supplement not supplant local expenditures for such trans-
portation in the two thousand twelve--two thousand thirteen school year.
  5.  Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required  to  incur  any  costs  in
excess  of the amount eligible for transportation aid pursuant to subdi-
vision four of this section. In the event such amount  is  insufficient,
the  city  school  district  of  New  York  shall provide transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
  6. The chancellor of such school district, in  consultation  with  the
commissioner,  shall prescribe the most cost effective system for imple-
menting the requirements of this section, taking into consideration: (a)
the costs associated with paragraphs (a) and (b) of subdivision  one  of
this  section,  and (b) policies that attempt to maximize student safety
for the student to be transported, which for purposes  of  this  section
shall include whether the pick up or drop off site of the transportation
is:
  (i) not further than 600 feet from the student's residence; and/or
  (ii)  at  the  same locations for any family that have children at the
same residence who attend two or more different schools.
  7. (a) In the event the chancellor  has  not  satisfied  a  district's
obligation  under  this  section,  a parent or guardian or any represen-
tative authorized by such parent or guardian  of  a  child  eligible  to
receive  transportation  under this section may request the commissioner
to arrange for the provision of the transportation  to  so  satisfy  the
requirements of this section.
  (b)  If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such  parent  or  guardian,
the  commissioner  determines  that  the  chancellor has not satisfied a
district's obligation under this section, then  the  commissioner  shall
immediately  direct the chancellor to contract with a licensed transpor-
tation carrier to provide the transportation required pursuant  to  this
section.
  (c)  In  the  event  the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the transpor-
tation required pursuant to this section, the chancellor  shall  provide
the  commissioner  with  a  copy  of  such  proposed contract, before it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
  (d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
  8. The parent or guardian, or any representative  authorized  by  such
parent  or  guardian,  may  submit  a written request for transportation
under this section, in the same manner and upon the same  dates  as  are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.
  S  8.  Section  3641  of  the education law is amended by adding a new
subdivision 6-c to read as follows:
  6-C. TEACHER EXCELLENCE FUND.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
SUCH  PURPOSE,  SUBJECT  TO  A  REQUEST  FOR  PROPOSALS DEVELOPED BY THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION-
ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS  SUBDIVI-
SION  TO  ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR-

S. 6356                            12                            A. 8556

TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO  PROVIDE  TEACHER  EXCELLENCE
FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS.
  (1)  TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN
AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO  ELIGIBLE  TEACHERS
RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL
PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE
THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER.
  (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI-
CATION  TO  THE  COMMISSIONER,  IN  A  FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION.
  (3) THE COMMISSIONER SHALL  MAKE  AVAILABLE  SUCH  APPLICATION  ON  OR
BEFORE  MAY  FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER
SHALL ISSUE PRELIMINARY TEACHER  EXCELLENCE  FUND  GRANT  AWARDS  ON  OR
BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH-
ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD.
  (4)  APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED  TO,
THE  EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE
AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS  WITH  THE
GREATEST  ACADEMIC  NEED;  (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF-
ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT  CRITICAL  POINTS  IN  A
TEACHER'S  CAREER  IN  ORDER  TO  ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO
REMAIN IN THE CLASSROOM.
  (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI-
BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE
FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY
OF THE PROPOSAL.
  (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION
SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF,  A  TEACH-
ER'S  BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR
RETIREMENT PURPOSES.  TEACHER EXCELLENCE FUND PERFORMANCE  AWARDS  SHALL
SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF
THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT.
  B. FOR THE PURPOSE OF THIS SUBDIVISION:
  (1)  THE  TERM  "ELIGIBLE  SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION
FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT
THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS  OF  THE
APPLICATION  SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION.
  (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS  AN
INITIAL,  PROVISIONAL,  TRANSITIONAL,  PERMANENT  OR  PROFESSIONAL STATE
TEACHING CERTIFICATE APPROPRIATE TO THE  TEACHING  POSITIONS,  INCLUDING
THE  SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS
A CLASSROOM TEACHER  SUBJECT  TO  THE  ANNUAL  PROFESSIONAL  PERFORMANCE
REVIEW  REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR  HER  MOST  RECENT
ANNUAL  PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS
OF THE COMMISSIONER.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 21 of part A of chapter 57 of the laws of 2013,  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

S. 6356                            13                            A. 8556

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 [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations 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 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS

S. 6356                            14                            A. 8556

MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
4410 of the education law, as amended by chapter 82 of the laws of 1995,
is amended and a new subparagraph (iv) is added to read as follows:
  (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
year,  the  commissioner  shall  annually determine the tuition rate for
approved services or programs provided to preschool children pursuant to
this section. Such rates for providers of  such  services  and  programs
shall be determined in conformance with a methodology established pursu-
ant to subdivision four of section forty-four hundred five of this arti-
cle after consultation with and a review of an annual report prepared by
the  advisory  committee established pursuant to paragraph a of subdivi-
sion twelve of this section and shall be subject to the approval of  the
director of the budget. Notwithstanding any other provision of law, rule
or  regulation  to the contrary, tuition rates established for the nine-
teen hundred ninety-five--ninety-six school year shall exclude  the  two
percent  cost  of  living adjustment authorized in rates established for
the nineteen hundred ninety-four--ninety-five school year.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND  THEREAFTER,  THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF THE BUDGET,  SHALL  ESTABLISH  REGIONAL  TUITION  RATES  FOR
SPECIAL  EDUCATION  ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN
ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR
OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB-
LISH LOCAL  TUITION  RATES  FOR  APPROVED  SPECIAL  EDUCATION  ITINERANT

S. 6356                            15                            A. 8556

SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED  BY  THE  DIRECTOR  OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I)
THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE  OF
THIS  ARTICLE.  THE  LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN
THE CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION  ITINERANT
SERVICES  WITHIN  THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL  EDUCA-
TION  ITINERANT  PROGRAM  PROVIDER  THROUGH  THE COMPETITIVE REQUEST FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED,  HOWEVER,  THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH  SHALL  NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH DISABILITIES WHO
RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO  THOU-
SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S 12. 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
27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2010--2011 school year shall not exceed 62.6
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and five cents per contact hour, reimbursement] for the
2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
such  approvable  costs  per  contact hour or twelve dollars and fifteen
cents per contact hour, reimbursement for  the  2012--2013  school  year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact  hour  or twelve dollars and thirty-five cents per contact hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND
THREE CENTS PER CONTACT HOUR  where  a  contact  hour  represents  sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five  thousand one hundred ninety-eight (1,525,198) hours; where-
as] for the 2011--2012 school year such contact hours shall  not  exceed
one  million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas for the 2012--2013 school year such contact  hours  shall
not  exceed  one  million  six  hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
such  contact  hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six  (1,649,746)  hours;  WHEREAS  FOR  THE
2014--2015  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED THIRTY-TWO THOUSAND  ONE  HUNDRED  TWENTY-NINE  (1,432,129)
HOURS.   Notwithstanding any other provision of law to the contrary, the
apportionment 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

S. 6356                            16                            A. 8556

for worker education, not to exceed the contact hours set forth  herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S  13. 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 s to read as follows:
  S. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016.
  S  16. 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 31 of part A of chapter  57
of the laws of 2013, 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,
[2014] 2015 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] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;

S. 6356                            17                            A. 8556

  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school
districts other than central high school districts and their components,
such tax levy for the base year shall be divided by the  year  prior  to
the  base year pupil count as determined by the commissioner pursuant to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter for any school district in which such year  prior  to  the  base
year  pupil  count  exceeds  one hundred fifty percent of such base year
public school district enrollment of resident pupils.
  S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, 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, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to the  provisions  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015.
  S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, 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, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, 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 school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  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, for the two

S. 6356                            18                            A. 8556

thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years each school district shall be eligible for a maximum  grant  equal
to  the  greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, 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 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2014--2015 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. 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,  2015  and not later than the last day of the third full
business week of June, 2015, 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, 2015, for salary expenses incurred between April  1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
gap  elimination  adjustment for 2011--2012 as determined by the commis-
sioner of education pursuant to subdivision 17 of section  3602  of  the
education  law,  and  provided further that such apportionment shall not

S. 6356                            19                            A. 8556

exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
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 24. 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, 2015, 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, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and

S. 6356                            20                            A. 8556

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 reminder 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  25.  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 office of prekindergarten through grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total

S. 6356                            21                            A. 8556

foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
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   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation 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 commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
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.  For  the

S. 6356                            22                            A. 8556

purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion 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  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  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 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this 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 2014--2015
by a chapter of the laws of 2014 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 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.

S. 6356                            23                            A. 8556

  S 30. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2014, provided,
however, that:
  1.  Sections  one,  two, three, four, five, seven, nine, twelve, thir-
teen, seventeen, twenty-two, twenty-six and  twenty-seven  of  this  act
shall take effect July 1, 2014.
  2.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section nine of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
  3. Section eleven of this act shall take  effect  April  1,  2014  and
shall  first apply to the provision of services and programs pursuant to
section 4410 of the education law in the 2014-2015 school year, provided
that the provisions of subparagraph (iv) of paragraph a  of  subdivision
10  of  section  4410  of the education law, as added by such section of
this act, shall expire and be deemed repealed June 30, 2019.
  4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education in New York city, made by sections twelve and thirteen
of this act shall not affect the repeal of such  chapter  and  shall  be
deemed repealed therewith.
  5. Section sixteen of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after the effec-
tive date of section 140 of chapter 82 of the laws of 1995.
  6. Section twenty-five of this act shall expire and be deemed repealed
June 30, 2015.

                                 PART B

  Section 1. The smart schools bond act of 2014 is enacted  to  read  as
follows:

                     SMART SCHOOLS BOND ACT OF 2014

Section 1. Short title.
        2. Creation of a state debt.
        3. Bonds of the state.
        4. Use of moneys received.
Section  1. Short title. This act shall be known and may be cited as the
"smart schools bond act of 2014".
  S 2. Creation of a state debt. The creation of  a  state  debt  in  an
amount   not   exceeding   in   the   aggregate   two   billion  dollars
($2,000,000,000) is hereby authorized to provide moneys for  the  single
purpose of improving learning and opportunity for public school students
of the state by funding capital projects to: acquire learning technology
equipment  or  facilities  including,  but  not  limited to, interactive
whiteboards, computer servers, and desktop, laptop and tablet computers;
install high-speed  broadband  or  wireless  internet  connectivity  for
schools  and  communities;  and construct, enhance, and modernize educa-
tional facilities to accommodate pre-kindergarten programs. The legisla-
ture may, by appropriate legislation and subject to such  conditions  as
it  may  impose, make available out of the proceeds of the sale of bonds
authorized in this act, moneys disbursed or to be disbursed for the cost
of approved capital projects undertaken by,  or  on  behalf  of,  school
districts for such purposes.
  S  3.  Bonds  of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to  the  aggregate

S. 6356                            24                            A. 8556

amount  of two billion dollars ($2,000,000,000) for the purposes of this
act, subject to the provisions of article five of the state finance law.
The aggregate principal amount  of  such  bonds  shall  not  exceed  two
billion  dollars  ($2,000,000,000)  excluding  bonds issued to refund or
otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
however,  that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater  than  two  billion
dollars ($2,000,000,000) only if the present value of the aggregate debt
service  of  the  refunding  or  repayment  bonds to be issued shall not
exceed the present value of the aggregate debt service of the  bonds  to
be refunded or repaid. The method for calculating present value shall be
determined by law.
  S 4. Use of moneys received. The moneys received by the state from the
sale  of  bonds  sold pursuant to this act shall be expended pursuant to
appropriations for capital projects related to  design,  planning,  site
acquisition,  demolition,  construction, reconstruction, rehabilitation,
or acquisition and/or installation of equipment for the following  types
of  projects:  capital projects related to educational technology equip-
ment or facilities including but not limited to interactive whiteboards;
computer servers; desktop and laptop computers, and tablets;  high-speed
broadband or wireless internet connectivity for schools and communities;
and  capital  projects  to  construct,  enhance or modernize educational
facilities to accommodate pre-kindergarten programs.
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  section one of this act shall not take effect unless and
until this act shall have been submitted to the people  at  the  general
election  to  be held in November 2014 and shall have been approved by a
majority of all votes cast for and against it  at  such  election.  Upon
approval  by the people, section one of this act shall take effect imme-
diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
submission  of  this act shall be in the form prescribed by the election
law and the proposition or question to be  submitted  shall  be  printed
thereon  in  substantially the following form, namely "The SMART SCHOOLS
BOND ACT OF 2014, as set forth in section one of part B of chapter (here
insert the chapter number) of the laws of 2014, authorizes the  sale  of
state  bonds  of  up  to two billion dollars ($2,000,000,000) to provide
access to classroom technology and high-speed internet  connectivity  to
equalize  opportunities for children to learn and to add classroom space
to  expand  high-quality  pre-kindergarten  programs.  Shall  the  SMART
SCHOOLS BOND ACT OF 2014 be approved?".

                                 PART C

  Section  1.  This  act  shall  be known and may be cited as the "smart
schools implementation act of 2014".
  S 2. Section 3641 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  IMPLEMENTATION  OF  THE SMART SCHOOLS BOND ACT OF 2014. A.  DEFI-
NITIONS. THE FOLLOWING TERMS, WHENEVER  USED  OR  REFERRED  TO  IN  THIS
SUBDIVISION,  UNLESS  THE  CONTEXT  INDICATES  OTHERWISE, SHALL HAVE THE
FOLLOWING MEANINGS:
  (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
"SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII  OF  THE
NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.

S. 6356                            25                            A. 8556

  (2)  "SMART  SCHOOLS  REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE
CHANCELLOR OF THE STATE UNIVERSITY OF NEW  YORK,  THE  DIRECTOR  OF  THE
BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES.
  (3)  "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY
A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO
BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION.
  (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET  FORTH
AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH.
  (5)  "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS
A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND  APPROPRIATE
INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN.
  (6)  "COMMUNITY  CONNECTIVITY  PROJECT"  SHALL  MEAN A CAPITAL PROJECT
WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED  BROADBAND  OR  WIRELESS
INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS
AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
  (7)  "CLASSROOM  TECHNOLOGY  PROJECT"  SHALL MEAN A CAPITAL PROJECT TO
EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR
SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING  TECHNOLOGY  HARD-
WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED
TO  WHITEBOARDS,  COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS,
AND TABLET COMPUTERS.
  (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET  FORTH
AS   "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",  "SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2013-14 BASE  YEAR  AIDS"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR.
  (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH  SCHOOL  DISTRICT,
THE  PRODUCT  OF  (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY
(II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID  DIVIDED
BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS.
  B.  SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD
SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE  SUBMITTED  BY  SCHOOL
DISTRICTS.  SUCH  GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:  (I) A
TIMELINE FOR SCHOOL DISTRICT  SUBMISSION  OF  SMART  SCHOOLS  INVESTMENT
PLANS;  (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT
OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT  OF  A
DISTRICT'S  SMART  SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A
SHORT PROBABLE LIFE.
  (2) NO SCHOOL DISTRICT SHALL BE ENTITLED  TO  A  SMART  SCHOOLS  GRANT
UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN
TO  THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF
SUCH  INVESTMENT  PLAN.  IN  DEVELOPING  SUCH  INVESTMENT  PLAN,  SCHOOL
DISTRICTS  SHALL  CONSULT  WITH  PARENTS,  TEACHERS, STUDENTS, COMMUNITY
MEMBERS AND OTHER STAKEHOLDERS.
  (3) THE SMART SCHOOLS REVIEW BOARD  SHALL  REVIEW  ALL  SMART  SCHOOLS
INVESTMENT  PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER
REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD
MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL
DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT  OR
PROJECTS  DESCRIBED  IN  THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART
SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL  DISTRICT'S

S. 6356                            26                            A. 8556

SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE
COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED
TO  BE  SUBMITTED  FOR  APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION
FOUR  HUNDRED  EIGHT  OF  THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC
AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA-
TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION.
  (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART  SCHOOL  INVESTMENT  PLAN
MUST  BE  SUBMITTED  TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND
SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
  C. EXPENDITURE  OF  MONEY.  (1)  SMART  SCHOOLS  GRANTS.  EACH  SCHOOL
DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A
SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS
FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT,
WHETHER  IN  THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS
ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO-
CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL  YEAR  SHALL
BE  CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING
SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE
ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER.
  (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
SCHOOL  DISTRICTS  SHALL  BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE
WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART
SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR  SUBAL-
LOCATED  TO  A  DEPARTMENT,  AGENCY,  OR PUBLIC AUTHORITY TO BE SPENT ON
BEHALF OF THE SCHOOL DISTRICT, SUCH  AMOUNTS  SHALL  BE  TRANSFERRED  OR
SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC-
TOR  OF  THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE
SHALL BE PAID BY  THE  COMPTROLLER  IN  ACCORDANCE  WITH  APPROPRIATIONS
THEREFOR,  PROVIDED,  HOWEVER,  THAT  THE  PAYMENT SCHEDULE SET FORTH IN
SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH  PAYMENTS.  SUCH
PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO
APPORTION  FUNDS  PURSUANT  TO  THIS  SUBDIVISION, AND WHENEVER A SCHOOL
DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT  TO  THIS  SUBDIVISION
THAN  THAT  TO  WHICH  IT  IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH
AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT.
  D. CONSISTENCY WITH FEDERAL TAX LAW. ALL  ACTIONS  TAKEN  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF  ANY
TAX  EXEMPT  BONDS  PURSUANT  TO  THIS  SUBDIVISION, TO PRESERVE THE TAX
EXEMPT STATUS OF SUCH BONDS.
  E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT  OF  FUNDS  TO  BE  MADE
AVAILABLE  PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
  S 3. The state finance law is amended by adding a new section  97-oooo
to read as follows:
  S  97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART  SCHOOLS  BOND
FUND".
  2.  THE  STATE  COMPTROLLER  SHALL DEPOSIT INTO THE SMART SCHOOLS BOND
FUND ALL MONEYS RECEIVED BY THE STATE FROM  THE  SALE  OF  BONDS  AND/OR
NOTES  FOR  USES  ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS
BOND ACT OF 2014.

S. 6356                            27                            A. 8556

  3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING  APPROPRIATION  BY
THE  LEGISLATURE  AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
AVAILABLE ONLY FOR REIMBURSEMENT OF  EXPENDITURES  MADE  FROM  APPROPRI-
ATIONS  FROM  THE  CAPITAL  PROJECTS  FUND  FOR THE PURPOSE OF THE SMART
SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014.
  4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD  PURSUANT  TO  THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED
FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF
APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
  S 4. Section 61 of the state finance law is amended by  adding  a  new
subdivision 31 to read as follows:
                          SMART SCHOOLS PROJECTS
  31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
BUT  NOT  LIMITED  TO  PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY
PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN  SUBDIVI-
SION  SIXTEEN  OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION
LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
FOURTEEN,  ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014.
THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS  FOR  COMMUNITY
CONNECTIVITY   PROJECTS,   AND  EIGHT  YEARS  FOR  CLASSROOM  TECHNOLOGY
PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING
ANNUAL  DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
AGE PERIOD OF PROBABLE LIFE OF SUCH SMART  SCHOOLS  PROJECTS,  INCLUDING
WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT-
ED  AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE
SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE  DOLLAR  VALUE  OF  THE
PORTION  OF  THE  DEBT  CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF
WORKS OR PURPOSES) BY THE PROBABLE LIFE OF  SUCH  WORK  OR  PURPOSE  (OR
CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR
VALUE  OF  THE  ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL
ISSUE PREMIUM OR DISCOUNT.
  S 5.  If any clause, sentence, paragraph, 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 ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 6. This act shall take effect only in the event that  section  1  of
part  B  of  a  chapter of the laws of 2014, enacting the "smart schools
bond act of 2014," is submitted to the people at the general election to
be held in November 2014 and is approved by a majority of all votes cast
for and against it at such election. Upon such approval, this act  shall
take effect immediately. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of  the foregoing sections of this act are authorized and directed to be
made and completed on or before such effective date.

                                 PART D

  Section 1. Short title. This act shall be known and may  be  cited  as
the "nurse practitioners modernization act".
  S  2.  Subdivision 3 of section 6902 of the education law, as added by
chapter 257 of the laws of 1988, is amended to read as follows:

S. 6356                            28                            A. 8556

  3. (a) (I) The practice of registered professional nursing by a  nurse
practitioner,  certified  under section six thousand nine hundred ten of
this article, may include the diagnosis of illness and  physical  condi-
tions  and the performance of therapeutic and corrective measures within
a specialty area of practice, in collaboration with a licensed physician
qualified  to  collaborate  in  the  specialty  involved,  provided such
services are performed in accordance with a written  practice  agreement
and  written  practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF
THIS SUBDIVISION.  The written practice agreement shall include explicit
provisions for the resolution of any disagreement  between  the  collab-
orating physician and the nurse practitioner regarding a matter of diag-
nosis  or treatment that is within the scope of practice of both. To the
extent the practice agreement does not so provide, then the  collaborat-
ing physician's diagnosis or treatment shall prevail.
  [(b)]  (II)  IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE-
MENT WITH A COLLABORATING PHYSICIAN  TERMINATES  AS  A  RESULT  OF:  THE
COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES
OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE
WRITTEN  PRACTICE  AGREEMENT  TERMINATING DUE TO NO FAULT ON THE PART OF
THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT
HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC-
TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO  DO
SO,  THEN  UPON  APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY
CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY  AREA
OF  PRACTICE  FOR  A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A
NURSE PRACTITIONER WHO HAS BEEN CERTIFIED  UNDER  SECTION  SIX  THOUSAND
NINE  HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN
THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE  IN
THE  SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD-
ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN  PRACTICE  PROTOCOLS;
SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS
MAY  BE  EXTENDED  FOR  A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX
MONTHS UPON A SHOWING OF GOOD CAUSE  SUBJECT  TO  THE  APPROVAL  OF  THE
DEPARTMENT.
  (III)  Prescriptions  for  drugs, devices and immunizing agents may be
issued by a nurse practitioner, under this [subdivision]  PARAGRAPH  and
section  six  thousand  nine  hundred ten of this article, in accordance
with the practice agreement and practice protocols EXCEPT  AS  PERMITTED
BY  PARAGRAPH  (B)  OF  THIS SUBDIVISION.   The nurse practitioner shall
obtain a certificate from the department upon successfully completing  a
program  including  an appropriate pharmacology component, or its equiv-
alent, as  established  by  the  commissioner's  regulations,  prior  to
prescribing  under this [subdivision] PARAGRAPH.  The certificate issued
under section six thousand nine hundred ten of this article shall  state
whether the nurse practitioner has successfully completed such a program
or  equivalent  and  is authorized to prescribe under this [subdivision]
PARAGRAPH.
  [(c)] (IV) Each practice agreement shall provide for  patient  records
review  by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB-
ORATING NURSE PRACTITIONER, in a timely fashion but  in  no  event  less
often  than  every three months. The names of the nurse practitioner and
the collaborating physician  OR,  WHERE  APPLICABLE,  THE  COLLABORATING
NURSE  PRACTITIONER  shall  be clearly posted in the practice setting of
the nurse practitioner.
  [(d)] (V) The practice protocol shall reflect current accepted medical
and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER  NURSE  PRACTI-

S. 6356                            29                            A. 8556

TIONER  PURSUANT  TO  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, THE CURRENT
ACCEPTED NURSING PRACTICE.   The  protocols  shall  be  filed  with  the
department  within  ninety  days of the commencement of the practice and
may  be  updated  periodically.  The commissioner shall make regulations
establishing the procedure for the review of protocols and the  disposi-
tion of any issues arising from such review.
  [(e)]  (VI)  No  physician  OR,  WHERE APPLICABLE, NURSE PRACTITIONER,
shall enter into practice agreements with more than four  nurse  practi-
tioners who are not located on the same physical premises as the collab-
orating physician OR COLLABORATING NURSE PRACTITIONER.
  [(f)]  (B)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED  UNDER  SECTION  SIXTY-NINE
HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN  LIEU  OF  COMPLYING
WITH  THE  REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO
COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN
PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH  THIS  PARAGRAPH
SHALL  HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI-
CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A  HOSPITAL,
LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW, THAT
PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED  TO  COLLABORATE
IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE
NURSE  PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A
MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL
LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE,  WITH  WHOM
THE  NURSE  PRACTITIONER  IS  COLLABORATING,  AND THE NURSE PRACTITIONER
ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF  AND  HAS  AGREED  TO
MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER.
  (C)  Nothing  in this subdivision shall be deemed to limit or diminish
the practice of the profession of nursing as a  registered  professional
nurse  under  this article or any other law, rule, regulation or certif-
ication, nor to deny any registered professional nurse the right  to  do
any  act  or  engage  in  any practice authorized by this article or any
other law, rule, regulation or certification.
  [(g)] (D) The provisions of this subdivision shall not  apply  to  any
activity  authorized,  pursuant  to  statute,  rule or regulation, to be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT  SHALL  COLLECT  AND  A  NURSE  PRACTITIONER  SHALL
PROVIDE  SUCH  INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT,
IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS  NECESSARY  TO  ENABLE
THE  DEPARTMENT  OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION  AND  TYPE  OF  SETTING
WHEREIN  THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS
PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND  IS  PRAC-
TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE
NURSE  PRACTITIONER  PRACTICES  PURSUANT TO A WRITTEN PRACTICE AGREEMENT
WITH A NURSE PRACTITIONER FOR SIX MONTHS AND  IF  THE  WRITTEN  PRACTICE
AGREEMENT  HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING
OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT;  IF  THE  NURSE
PRACTITIONER  PRACTICES  PURSUANT  TO COLLABORATIVE RELATIONSHIPS WITH A
PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN  CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT.
  S 3. This act shall take effect on the first of January after it shall
have  become  a  law; provided, however, that effective immediately, the

S. 6356                            30                            A. 8556

addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

                                 PART E

  Section  1. Section 11 of the education law is amended by adding a new
subdivision 9 to read as follows:
  9. "PATTERN OF HARASSMENT,  BULLYING  OR  DISCRIMINATION"  SHALL  MEAN
MULTIPLE  INCIDENTS  OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING
ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS  OR
CLASSES  OF  PERSONS  BASED  ON  THEIR  ACTUAL OR PERCEIVED RACE, COLOR,
WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX.
  S  2. Paragraph d of subdivision 1 of section 13 of the education law,
as added by chapter 102 of the laws of  2012,  is  amended  to  read  as
follows:
  d.  require the principal, superintendent or the principal's or super-
intendent's designee to lead or supervise the thorough investigation  of
all  reports  of  harassment, bullying and discrimination, and to ensure
that such investigation is completed promptly after receipt of any writ-
ten reports made under this section. IF THE PRINCIPAL OR  SUPERINTENDENT
DESIGNATES  AN  INDIVIDUAL  TO LEAD AND SUPERVISE SUCH INVESTIGATION AND
THE INVESTIGATION REVEALS VERIFIED  HARASSMENT,  BULLYING  OR  DISCRIMI-
NATION,  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE SHALL PROMPTLY
FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI-
NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH,  AS  DETER-
MINED BY THE SCHOOL DISTRICT;
  S  3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section
13 of the education law are relettered paragraphs g, h, i, j,  k,  l,  m
and n and two new paragraphs e and f are added to read as follows:
  E.  REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA-
GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE  PRIN-
CIPAL'S  OR  SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE
IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF  HARASSMENT,  BULLYING
OR  DISCRIMINATION.  IF  THE  PRINCIPAL  OR SUPERINTENDENT DESIGNATES AN
INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S  OR
SUPERINTENDENT'S  DESIGNEE  SHALL  PROMPTLY  FORWARD  ANY  SUCH DETERMI-
NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT,  BULLYING  OR
DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS
DETERMINED  BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN,
SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION  TO
DETERMINE  IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS-
MENT, BULLYING OR DISCRIMINATION;
  F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT  TO  THE
COMMISSIONER,  THE  DIVISION  OF  HUMAN RIGHTS AND THE DIVISION OF STATE
POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS  MADE  BY  EITHER
THE  PRINCIPAL,  SUPERINTENDENT  OR  THE PRINCIPAL'S OR SUPERINTENDENT'S
DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING  OR  DISCRIMI-
NATION  IS  PART  OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION
AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF  WHICH
THEY  OTHERWISE  BECOME  AWARE.  SCHOOL DISTRICTS SHALL ENSURE THAT THEY
HAVE ADEQUATE POLICIES AND PROCEDURES IN  PLACE  TO  ENSURE  THAT  THESE
PATTERNS ARE REPORTED PROMPTLY;
  S  4.  Section  14  of  the education law is amended by adding two new
subdivisions 6 and 7 to read as follows:

S. 6356                            31                            A. 8556

  6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR  SUPER-
INTENDENT  OF  A  PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE
COMMISSIONER SHALL DEVELOP, AND THE  SCHOOL  DISTRICT  SHALL  IMPLEMENT,
INTERVENTION  PROTOCOLS  REASONABLY  CALCULATED  TO  END THE HARASSMENT,
BULLYING  OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A
MORE POSITIVE SCHOOL CULTURE AND  CLIMATE,  PREVENT  RECURRENCE  OF  THE
BEHAVIOR,  AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM
SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT
SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF  SUCH  PROTOCOLS  WITHIN
SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT.
  7.  IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM
ANY SOURCE THAT A SCHOOL  PRINCIPAL  OR  SUPERINTENDENT  HAS  FAILED  TO
FULFILL  HIS  OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A
PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN  SECTION
ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR
SHOULD  HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING
PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS  TITLE.
FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A
SCHOOL OFFICER.
  S  5.  Section  297  of  the  executive law is amended by adding a new
subdivision 11 to read as follows:
  11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER  OF  EDUCA-
TION  INFORMATION  REGARDING  ANY  COMPLAINTS  OF DISCRIMINATION AGAINST
STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT  TO  SUBDIVISION  FOUR  OF
SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF
PROBABLE  CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE
USED BY THE COMMISSIONER OF EDUCATION  TO  DETERMINE  WHETHER  A  SCHOOL
PRINCIPAL  OR  SUPERINTENDENT  HAS FAILED TO REPORT A PATTERN OF HARASS-
MENT, BULLYING OR DISCRIMINATION IN VIOLATION  OF  ARTICLE  TWO  OF  THE
EDUCATION LAW.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided that authority of the commissioner of educa-
tion and the division of human  rights  to  promulgate  any  regulations
necessary to implement this act shall take effect immediately.

                                 PART F

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35.  THE  TERM  "EDUCATIONAL  INSTITUTION", WHEN USED IN THIS ARTICLE,
SHALL MEAN:
  (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO  THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
  (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
  S  2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4. It shall be an unlawful discriminatory practice for  an  [education
corporation  or  association  which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant  to  the  provisions  of
article  four  of  the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or  to
permit  the  harassment  of  any  student or applicant, by reason of his
race, color, religion, disability, national origin, sexual  orientation,
military status, sex, age or marital status, except that any such insti-

S. 6356                            32                            A. 8556

tution  which  establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
  S 3. This act shall take effect immediately.

                                 PART G

  Section  1. The education law is amended by adding a new section 669-e
to read as follows:
  S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT-
ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN
AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE,  TECH-
NOLOGY,  ENGINEERING  OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU-
TION OF HIGHER EDUCATION SHALL BE  ELIGIBLE  FOR  AN  AWARD  UNDER  THIS
SECTION,  PROVIDED  THE  APPLICANT:  (A)  GRADUATES  FROM  A HIGH SCHOOL
LOCATED  IN  NEW  YORK  STATE  DURING  OR   AFTER   THE   TWO   THOUSAND
THIRTEEN--FOURTEEN  SCHOOL  YEAR;  AND  (B) GRADUATES WITHIN THE TOP TEN
PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C)  ENROLLS  IN  FULL-TIME
STUDY  EACH  ACADEMIC  YEAR  BEGINNING IN THE FALL TERM AFTER HIS OR HER
HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN  SCIENCE,
TECHNOLOGY,  ENGINEERING  OR MATHEMATICS, AS DEFINED BY THE CORPORATION,
AT A NEW YORK STATE PUBLIC INSTITUTION  OF  HIGHER  EDUCATION;  AND  (D)
SIGNS  A  CONTRACT  WITH  THE CORPORATION AGREEING THAT HIS OR HER AWARD
WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE  STUDENT  FAILS  TO
COMPLY  WITH  THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
ARTICLE AND ALL REQUIREMENTS PROMULGATED  BY  THE  CORPORATION  FOR  THE
ADMINISTRATION OF THE PROGRAM.
  2.   AWARDS   SHALL   BE  GRANTED  BEGINNING  WITH  THE  TWO  THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  THEREAFTER  TO  APPLI-
CANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN  AMOUNT  EQUAL  TO
THE  AMOUNT  OF  UNDERGRADUATE  TUITION  FOR RESIDENTS OF NEW YORK STATE
CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL  TUITION  CHARGED,
WHICHEVER  IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA-
TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST  OF
ATTENDANCE  SHALL  NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II)
FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR  SCHOLARSHIPS  THAT
COVER  LESS  THAN  THE  STUDENT'S  FULL  COST OF ATTENDANCE, SUCH GRANTS
AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM  AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE  COMBINED  BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO  TUITION
AFTER  THE  APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS
LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT  EQUAL  TO  SUCH
EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD
UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE  AMOUNT  OF  TUITION
EQUAL  TO  THE  AWARD.  NO  AWARD  SHALL  BE FINAL UNTIL THE RECIPIENT'S
SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
  3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR
ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE  ACADEMIC  YEARS
IF  THE  PROGRAM  OF  STUDY  NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY
ALLOWABLE INTERRUPTION OF STUDY.
  4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT  OF
THE  AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A  RECIPIENT  FAILS
TO  COMPLETE  AN  APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,

S. 6356                            33                            A. 8556

ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU-
ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS;
OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A  RECIPIENT
FAILS  TO  EITHER  (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE,
TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A  PUBLIC  OR  PRIVATE
ENTITY  LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW
YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A  RECIPIENT  FAILS  TO
RESPOND  TO  REQUESTS  BY  THE  CORPORATION FOR THE STATUS OF HIS OR HER
ACADEMIC OR PROFESSIONAL PROGRESS.   THE TERMS AND  CONDITIONS  OF  THIS
SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE
IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING
OR  MATHEMATICS  AND  CONTINUE  THEIR  EDUCATION ON AT LEAST A HALF-TIME
BASIS IN A GRADUATE OR  HIGHER  DEGREE  PROGRAM  OR  OTHER  PROFESSIONAL
LICENSURE  DEGREE  PROGRAM  UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL
ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR  EMPLOY-
MENT  AS  ESTABLISHED  BY  THE RULES AND REGULATIONS OF THE CORPORATION.
THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR  A
GRACE  PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION, FOLLOWING THE
COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE,  TECHNOLOGY,
ENGINEERING  OR  MATHEMATICS.    ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION  TO
THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  5.  THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
TION  OF  THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part C of
chapter 57 of the laws of 2013, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2014] 2017, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program

S. 6356                            34                            A. 8556

for independent colleges, as amended by section 2 of part C  of  chapter
57 of the laws of 2013, is amended to read as follows:
  (h)  In  the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the  event  they  apply
for  and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants shall thereafter be awarded  to
colleges  on  a competitive basis, according to the priorities set forth
below.  Notwithstanding subdivision five of this  section,  any  college
shall  be  eligible  to  apply  for  such  unused funds in response to a
request for proposals for a  higher  education  capital  matching  grant
pursuant  to  this  paragraph.   In such cases, the following priorities
shall apply: first,  priority  shall  be  given  to  otherwise  eligible
colleges that either were, or would have been, deemed ineligible for the
program  prior  to March 31, 2009, due to missed deadlines, insufficient
matching funds, lack of accreditation or  other  disqualifying  reasons;
and  second,  after  the  board  has  acted upon all such first-priority
applications for unused funds, if any such  funds  remain,  those  funds
shall be available for distribution to eligible colleges.  The dormitory
authority shall develop a request for proposals and application process,
in  consultation  with  the board, for higher education capital matching
grants awarded pursuant to this paragraph, and shall  develop  criteria,
subject  to  review  by the board, for the awarding of such grants. Such
criteria shall include, but not be  limited  to  the  matching  criteria
contained  in  paragraph  (c)  of  this subdivision, and the application
criteria set forth in paragraph (e) of this subdivision.  The  dormitory
authority  shall require all applications in response to the request for
proposals to be submitted by September 1, [2013]  2014,  and  the  board
shall  act  on  each application for such matching grants by November 1,
[2013] 2014.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state fiscal year, relating to the New York state higher education capi-
tal  matching  grant  program  for  independent  colleges, as amended by
section 3 of part C of chapter 57 of the laws of  2013,  is  amended  to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending on  March  31,  [2015,]
2017,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching  capital  grant  program
for  independent  colleges, as amended by section 4 of part C of chapter
57 of the laws of 2013, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2014]
2018,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than

S. 6356                            35                            A. 8556

November  1,  [2014]  2018 to [the board,] the governor, the director of
the budget, the temporary president of the senate, and  the  speaker  of
the  assembly  on  the aggregate impact of the higher education matching
capital  grant  program.  Such  report  shall provide information on the
progress and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  E  of  chapter  57  of  the  laws  of 2013, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$158.00] $160.00 for each month  beginning  on
or after January first, two thousand [thirteen] FOURTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$187.00]  $190.00  for  each  month
beginning on or after January first, two thousand [thirteen] FOURTEEN.
  (d)  for  the period commencing January first, two thousand [fourteen]
FIFTEEN, the monthly personal needs allowance shall be an  amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [fourteen] FIFTEEN, but prior to June thirtieth,  two  thousand
[fourteen] FIFTEEN, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
E of chapter 57 of the laws of 2013, are amended to read as follows:
  (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
eligible couple living alone, [$1170.00] $1186.00.
  (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$733.00] $744.00; and for an eligible couple living with others
with or without in-kind income, [$1112.00] $1128.00.
  (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for an eligible individual receiving family care, [$976.48]  $987.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$938.48]
$949.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.

S. 6356                            36                            A. 8556

  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  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 [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; 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 [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  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.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE
PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.

S. 6356                            37                            A. 8556

  2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY,  IS  FOUND
BY  A  FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT
TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS  OF
THE  DEPARTMENT,  ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR
OTHERWISE,  TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC
BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION
ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO  ACCOUNT
IN  DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO
SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF  ONE
MONTH  FOR  THE  FIRST  OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE
SECOND OFFENSE; (III) FOR  A  PERIOD  OF  THREE  MONTHS  FOR  THE  THIRD
OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE.
THESE  SANCTIONS  SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY
OTHER SANCTIONS OR PENALTIES THAT  MAY  BE  PROVIDED  FOR  BY  LAW  WITH
RESPECT  TO  THE  UNAUTHORIZED  USE  INVOLVED,  EXCEPT  THAT  THE SOCIAL
SERVICES OFFICIAL OR COURT OFFICIAL  ASSESSING  SANCTIONS  OR  PENALTIES
AGAINST  A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION
ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER  SANCTIONS
OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS
SUBDIVISION.
  S  3.  Section 151 of the social services law, as added by chapter 570
of the laws of 1951, is amended to read as follows:
  S 151. [Penalty] PENALTIES for cashing  public  assistance  checks  OR
ACCEPTING   ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC  ASSISTANCE
RECIPIENTS.   [No] 1. UNAUTHORIZED  TRANSACTIONS.  EXCEPT  AS  OTHERWISE
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH-
MENT,   ENTITY,  or  corporation  (A)  licensed  under  the  [provision]
PROVISIONS of the alcoholic beverage control law to sell  liquor  AND/OR
WINE  at  retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER
AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES
CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL  WAGERING
ACTIVITY  UNDER  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D)
LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE  OPERATION
OF  A  VIDEO  LOTTERY  FACILITY  UNDER  SECTION ONE THOUSAND SIX HUNDRED
SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE  A  GAMING  FACILITY
UNDER  SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU-
TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING  ADULT-ORIENTED  ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT, OR MAKING AVAILABLE THE  VENUE  IN  WHICH  PERFORMERS
DISROBE  OR  PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash
or accept[, for any purpose whatsoever,] FOR  UNAUTHORIZED  TRANSACTIONS
AS  SET  FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF
THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER
DEVICE issued by a public welfare official or department, OR AGENT THER-
EOF, as and for public assistance.
  2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT  SELLS  GROCERIES
INCLUDING  STAPLE  FOODS  AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE
SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB-
LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT  ACCEPT
WAGERS  AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH
AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC  ASSIST-
ANCE  CHECK  OR  ELECTRONIC  BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE
OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR  PURPOSES  OF  THIS  PARA-
GRAPH,  "GAMING  ESTABLISHMENT"  SHALL  MEAN ANY VIDEO LOTTERY FACILITY,

S. 6356                            38                            A. 8556

OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL
CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
  (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL
PURPOSE  OF  THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST-
ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER  DEVICE  ISSUED  BY  A  PUBLIC
WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF.
  3.  PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of
this section [for the first offense shall be punishable by a fine not to
exceed fifty dollars.  A second offense] TAKING PLACE  AT  THE  LICENSED
PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
BEVERAGE  CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED
TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR  (III)  TO  SELL
LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT
WHERE  ENTERTAINERS  APPEAR  UNCLOTHED  AS PERMITTED BY THE RULES OF THE
STATE LIQUOR AUTHORITY, shall constitute  [sufficient]  cause,  FOR  THE
PURPOSES  OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, for the revocation,  cancellation  or  suspension  of  such
license [issued pursuant to the alcoholic beverage control law].
  (B)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
ITY UNDER SECTION ONE THOUSAND  THREE  HUNDRED  ELEVEN  OF  THE  RACING,
PARI-MUTUEL  WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU-
SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
TION OF A VIDEO LOTTERY FACILITY;  LICENSED  OR  AUTHORIZED  TO  CONDUCT
PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
TEEN-H  OF  THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO-
RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE  HUNDRED
FOUR  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION
ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA-
TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
  (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
BY  ANY  PERSON,  FIRM,  ESTABLISHMENT,  ENTITY OR CORPORATION PROVIDING
ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
AN  UNCLOTHED  STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT,  SHALL  BE  A  VIOLATION,  AS  DEFINED IN SUBDIVISION THREE OF
SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE  THAN  ONE
HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO
A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD SUCH VIOLATION
SHALL  BE  CLASS  B  MISDEMEANOR  SUBJECT TO A FINE OF NOT MORE THAN ONE
THOUSAND DOLLARS.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law;  provided,  however,  the New York state office of
temporary and disability assistance, the New York state liquor  authori-
ty,  and  the  New  York  state gaming commission shall be authorized to
promulgate regulations on an emergency basis and immediately  take  such
other actions as necessary to implement the provisions of this act.

                                 PART K

  Section  1.  Notwithstanding  any  other provision of law, the housing
trust fund corporation (the corporation) may provide,  for  purposes  of
the  rural rental assistance program, a sum not to exceed twenty million
four hundred thousand dollars for the fiscal year ending March 31, 2015.

S. 6356                            39                            A. 8556

Notwithstanding any other  provision  of  law,  and  provided  that  the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total sum not to exceed twenty million four hundred thousand dollars  as
soon as practicable but no later than June 30, 2014. Notwithstanding any
other provision of law, all current and existing rural rental assistance
program  contracts  may  be assigned to the corporation to administer as
soon as practicable. Notwithstanding any other provision  of  law,  such
funds  may  be used by the corporation in support of contracts scheduled
to expire in 2014-15 for as many as 10 additional years; in  support  of
contracts  for new eligible projects for a period not to exceed 5 years;
and in support of contracts which reach their 25 year maximum in  and/or
prior to 2014-15 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing projects, a sum not to exceed thirty-two million
dollars for the fiscal year ending March 31, 2015.  Notwithstanding  any
other  provision  of  law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund  created  pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish  the  purposes of such account, the board of directors of the
state of New York mortgage agency shall authorize the transfer from  the
project  pool  insurance  account  of the mortgage insurance fund to the
housing finance agency, for the purposes of reimbursing any costs  asso-
ciated with Mitchell Lama housing projects authorized by this section, a
total  sum not to exceed thirty-two million dollars as soon as practica-
ble but no later than March 31, 2015.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
neighborhood preservation program, a sum not  to  exceed  eight  million
four  hundred  seventy-nine  thousand dollars for the fiscal year ending
March 31, 2015. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the housing trust fund  corporation  (the
corporation),  for the purposes of reimbursing any costs associated with
neighborhood preservation program contracts authorized by this  section,
a  total sum not to exceed eight million four hundred seventy-nine thou-
sand dollars as soon as practicable but no later than June 30, 2014.
  S 4. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural preservation program, a sum  not  to  exceed  three  million  five
hundred  thirty-nine  thousand  dollars for the fiscal year ending March
31, 2015.  Notwithstanding any other provision of law, and provided that

S. 6356                            40                            A. 8556

the reserves in the project  pool  insurance  account  of  the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of
the  mortgage  insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural preservation program contracts authorized by this section, a total
sum  not  to  exceed  three  million  five  hundred thirty-nine thousand
dollars as soon as practicable but no later than June 30, 2014.
  S 5. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural and urban community investment fund program  created  pursuant  to
article  XXVII  of  the private housing finance law, a sum not to exceed
six million seven hundred fifty thousand dollars  for  the  fiscal  year
ending  March 31, 2015.  Notwithstanding any other provision of law, and
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the agency) required to  accomplish  the  purposes  of
such  account,  the board of directors of the state of New York mortgage
agency shall authorize the transfer  from  the  project  pool  insurance
account  of the mortgage insurance fund to the housing trust fund corpo-
ration (the corporation), for the  purposes  of  reimbursing  any  costs
associated  with  rural  and  urban  community  investment  fund program
contracts authorized by this section, a total  sum  not  to  exceed  six
million  seven hundred fifty thousand dollars as soon as practicable but
not later than March 31, 2015.
  S 6. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for the purposes of
carrying out the provisions of the low income housing trust fund program
created pursuant to article XVIII of the private housing finance law,  a
sum  not  to  exceed  two  million five hundred thousand dollars for the
fiscal year ending March 31, 2015. Notwithstanding any  other  provision
of law, and provided that reserves in the project pool insurance account
of the mortgage insurance fund created pursuant to section 2429-b of the
public  authorities law are sufficient to attain and maintain the credit
rating (as determined by the agency) required to accomplish the purposes
of such account, the board of directors of the state of New  York  mort-
gage agency shall authorize the transfer from the project pool insurance
account  of the mortgage insurance fund to the housing trust fund corpo-
ration  (the  corporation),  for  the  purposes  of  carrying  out   the
provisions of the low income housing trust fund program created pursuant
to  article  XVIII of the private housing finance law authorized by this
section, a total sum not to exceed two  million  five  hundred  thousand
dollars as soon as practicable but no later than March 31, 2015.
  S  7.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
homes for working families program for deposit in the housing trust fund
created  pursuant to section 59-a of the private housing finance law and
subject to the provisions  of  article  XVIII  of  the  private  housing
finance  law,  a sum not to exceed one million seven hundred fifty thou-
sand dollars for the fiscal year ending March 31, 2015.  Notwithstanding
any  other  provision  of  law,  and  provided  that the reserves in the
project pool insurance account of the mortgage  insurance  fund  created

S. 6356                            41                            A. 8556

pursuant  to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating (as determined by  the  agency)
required to accomplish the purposes of such account, the board of direc-
tors of the state of New York mortgage agency shall authorize the trans-
fer  from  the  project pool insurance account of the mortgage insurance
fund to the housing trust fund corporation (the  corporation),  for  the
purposes  of  reimbursing  any  costs  associated with homes for working
families program contracts authorized by this section, a total  sum  not
to  exceed  one  million seven hundred fifty thousand dollars as soon as
practicable but no later than March 31, 2015.
  S 8. This act shall take effect immediately.

                                 PART L

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to continue transforming New York's juvenile justice
system.  Each  component is wholly contained within a Subpart identified
as Subparts  A  through  B.  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 Subpart, which makes refer-
ence to a section "of this act",  when  used  in  connection  with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
1950 of the education law, as added by section 1 of part K of chapter 57
of the laws of 2012, is amended to read as follows:
  (8) To enter into contracts with the commissioner  of  the  office  of
children  and  family  services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to  such  office,  for
the  benefit of youth in its custody, any special education programs AND
ANY OTHER PROGRAMS and related services provided by the board of cooper-
ative educational services  to  component  school  districts.  Any  such
proposed  contract  shall  be  subject to the review and approval of the
commissioner to determine that it is an approved cooperative educational
service. Services provided pursuant to such contracts shall be  provided
at  cost, and the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing  such  services  to
its component school districts.
  S  2. Subdivision 6-a of section 3202 of the education law, as amended
by section 2 of part K of chapter 57 of the laws of 2012, is amended  to
read as follows:
  6-a.  Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children  and  family
services  shall  be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education  with
the  trustees  or  board  of  education of the school district wherein a
facility for the residential care of such youth is located or  with  the
board  of  cooperative  educational  services  at  which any such school
district is a component district [for  special  education  programs  and
related  services].  A  youth  attending  a local public school while in
residence at such facility shall be deemed  a  resident  of  the  school

S. 6356                            42                            A. 8556

district  where  his  parent  or guardian resides at the commencement of
each school year for the purpose of determining  which  school  district
shall  be  responsible  for the youth's tuition pursuant to section five
hundred four of the executive law.
  S  3. This act shall take effect immediately; provided that the amend-
ments to subparagraph 8 of paragraph h of subdivision 4 of section  1950
of  the  education  law made by section one of this act shall not affect
the expiration and repeal of such subparagraph and shall expire  and  be
deemed  repealed therewith pursuant to section 4 of part K of chapter 57
of the laws of 2012, and provided further, that the amendments to subdi-
vision 6-a of section 3202 of the education law made by section  two  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to  section  4  of part K of chapter 57 of the laws of
2012.

                                SUBPART B

  Section 1. Paragraph (a) of subdivision 7 of section 404 of the social
services law, as added by section 1 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
  (a) Notwithstanding the provisions of  paragraph  (c)  of  subdivision
fifteen  of  section five hundred one of the executive law, or any other
law to the contrary, if the  office  of  children  and  family  services
approves  a  social  services  district's  plan  for  a juvenile justice
services close to home initiative to  implement  services  for  juvenile
delinquents placed in non-secure or limited secure settings, such office
shall  be  authorized,  for up to a year after the effective date of the
first of any such approved plan for a district to implement services for
each setting level, but in no event later  than  [September  first,  two
thousand  fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN:  (1) to close
any of its facilities in the corresponding setting levels covered by the
approved plan and to make significant associated service reductions  and
public  employee  staffing  reductions and transfer operations for those
setting levels to a private or not-for-profit entity, as  determined  by
the commissioner of the office of children and family services solely to
reflect  the  decrease in the number of juvenile delinquents placed with
such office from such social services district; (2) to reduce  costs  to
the  state  and  other  social  services  districts  resulting from such
decrease; and (3) to adjust services to provide regionally-based care to
juvenile delinquents from other parts of the state needing  services  in
those  levels  of  residential  services.  At  least sixty days prior to
taking any such action, the commissioner of  the  office  shall  provide
notice  of  such action to the speaker of the assembly and the temporary
president of the senate and shall  post  such  notice  upon  its  public
website.  Such  notice  may be provided at any time on or after the date
the office approves a plan authorizing a  social  services  district  to
implement  programs  for  juvenile  delinquents placed in the applicable
setting level. Such commissioner shall be authorized to conduct any  and
all  preparatory  actions  which  may  be  required  to  effectuate such
closures or significant service or staffing reductions and  transfer  of
operations  during  such  sixty  day  period. In assessing which of such
facilities to close, or at which to implement  any  significant  service
reductions, public employee staffing reductions and/or transfer of oper-
ations  to  a  private  or not-for-profit entity, the commissioner shall
consider the following factors: (1) ability to provide  a  safe,  humane
and  therapeutic  environment  for placed youth; (2) ability to meet the

S. 6356                            43                            A. 8556

educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote the social,  mental,  economic  and  behavioral  development  of
placed  youth; (4) future capacity requirements for the effective opera-
tion of youth facilities; (5) the physical  characteristics,  conditions
and  costs  of  operation  of  the facility; and (6) the location of the
facility in regards to costs and ease of transportation of placed  youth
and their families.
  S  2. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 7 of section  404  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 therewith pursuant to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  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 Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.
  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 L of this act shall be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6356--A                                            A. 8556--A

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

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

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence, calculation of the gap elimination restoration  amount,  appor-
  tionment  of  school aid, teachers of tomorrow teacher recruitment and
  retention program, school district reorganizations and  real  property
  tax  rates, transportation after 4 p.m., to establish a teacher excel-
  lence fund, duties and waivers of school districts with children  with
  handicapping conditions, to authorize the commissioner of education to
  establish  regional tuition rates for approved special education itin-
  erant services, to authorize reimbursement for approved special educa-
  tion itinerant services based on actual attendance, to  authorize  New
  York city to establish local tuition rates for approved special educa-
  tion  itinerant  services;  to  amend  chapter 756 of the laws of 1992
  relating to funding a program for work force  education  conducted  by
  the  consortium  for worker education in New York city, in relation to
  apportionment and reimbursement; and  in  relation  to  extending  the
  expiration  of certain provisions; to amend chapter 169 of the laws of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets;
  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; to amend the
  education law, in relation to the definition of "school district basic
  contribution";  to  amend chapter 147 of the laws of 2001 amending the
  education law relating to conditional appointment of school  district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002  amending  the education law relating to the provision of supple-
  mental educational services, attendance at a safe  public  school  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12672-02-4

S. 6356--A                          2                         A. 8556--A

  the  suspension  of pupils who bring a firearm to or possess a firearm
  at a school; to amend chapter 101 of the laws  of  2003  amending  the
  education  law  relating to implementation of the No Child Left Behind
  Act  of  2001,  in  relation  to  extending  the expiration of certain
  provisions of such chapters;  to  provide  special  apportionment  for
  school bus driver training; to provide special apportionment for sala-
  ry  expenses;  to  provide  special  apportionment  for public pension
  accruals; to provide special apportionment  for  salary  expenses;  in
  relation to suballocation of certain education department accruals; in
  relation  to  the  support  of public libraries; and providing for the
  repeal of certain provisions upon expiration thereof (Part A); author-
  izing the creation of a state  debt  in  the  amount  of  two  billion
  dollars,  in  relation  to creating the smart schools bond act of 2014
  for the purposes of funding capital projects to provide learning tech-
  nology equipment or facilities,  enhanced  internet  connectivity  for
  schools  and  communities,  and  educational facilities to accommodate
  pre-kindergarten programs; and providing for  the  submission  to  the
  people  of  a proposition or question therefor to be voted upon at the
  general election to be held in November, 2014 (Part B); to  amend  the
  education  law and the state finance law, in relation to the implemen-
  tation of the smart schools bond act of 2014 (Part C);  to  amend  the
  education  law,  in  relation to the nurse practitioners modernization
  act (Part D); to amend the education law and  the  executive  law,  in
  relation  to  harassment, bullying and discrimination in schools (Part
  E); to amend the executive law, in relation to unlawful discriminatory
  practices by educational institutions (Part F); to amend the education
  law, in relation to creating the science, technology, engineering  and
  mathematics  incentive  program  (Part  G); to amend chapter 57 of the
  laws of 2005 amending the labor law and other  laws  implementing  the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the
  New  York  state  higher  education capital matching grant program for
  independent colleges, in relation to the New York state higher  educa-
  tion  matching  grant  program for independent colleges and the effec-
  tiveness thereof (Part H);  to  amend  the  social  services  law,  in
  relation  to  increasing the standards of monthly need for aged, blind
  and disabled persons living in the community (Part I);  to  amend  the
  social  services  law,  in  relation to public assistance restrictions
  (Part J); to utilize reserves in the project pool insurance account of
  the mortgage insurance fund for various housing purposes (Part K); and
  to amend the education law, in relation  to  educational  programs  in
  juvenile justice programs operated by the office of children and fami-
  ly  services  (Subpart  A);  and  to amend the social services law, in
  relation to a deadline for the close to home  initiative  (Subpart  B)
  (Part L)

  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 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through L. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section

S. 6356--A                          3                         A. 8556--A

"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 educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year AND PROVIDED FURTHER THAT,  A  SCHOOL  DISTRICT  THAT  SUBMITTED  A
CONTRACT  FOR  EXCELLENCE  FOR  THE  TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE  IDENTIFIED
AS  IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR  WHICH   SHALL,
NOTWITHSTANDING  THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A OF
SUBDIVISION TWO OF THIS SECTION,  PROVIDE  FOR  THE  EXPENDITURE  OF  AN
AMOUNT  WHICH  SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY THE COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR.  For purposes of this paragraph, the "gap
elimination adjustment percentage" shall be calculated as the sum of one

S. 6356--A                          4                         A. 8556--A

minus the quotient of the sum of the school district's  net  gap  elimi-
nation  adjustment  for  two  thousand ten--two thousand eleven computed
pursuant to chapter fifty-three of the laws of two thousand ten,  making
appropriations for the support of government, plus the school district's
gap  elimination adjustment for two thousand eleven--two thousand twelve
as computed pursuant to chapter fifty-three of the laws of two  thousand
eleven,  making  appropriations  for the support of the local assistance
budget, including  support  for  general  support  for  public  schools,
divided  by  the  total  aid for adjustment computed pursuant to chapter
fifty-three of the laws of two thousand  eleven,  making  appropriations
for  the  local assistance budget, including support for general support
for public  schools.  Provided,  further,  that  such  amount  shall  be
expended  to  support  and  maintain  allowable  programs and activities
approved in the two thousand nine--two thousand ten school  year  or  to
support new or expanded allowable programs and activities in the current
year.
  S  2. Paragraph (f) of subdivision 17 of section 3602 of the education
law, as added by section 12 of part A of chapter 57 of the laws of 2013,
is amended and a new paragraph (g) is added to read as follows:
  (f) The gap elimination adjustment  restoration  amount  for  the  two
thousand  fourteen--two  thousand  fifteen  school  year [and thereafter
shall equal the product of  the  gap  elimination  percentage  for  such
district  and  the  gap  elimination  adjustment  restoration allocation
established pursuant to subdivision eighteen of  this  section.]  FOR  A
SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
SIONER  AND  IN  THE  DATABASE  USED  BY  THE COMMISSIONER TO PRODUCE AN
UPDATED ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET  REQUEST
SUBMITTED  FOR  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN STATE
FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
  (I) THE PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025)  MULTIPLIED  BY
THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (II)  THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO PERCENT
(0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
SCHOOL DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE  HEADING
"2011-12  ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY
THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED
FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND
ENTITLED "BT111-2" MINUS (B) THE POSITIVE  DIFFERENCE  OF  THE  ABSOLUTE
VALUE  OF  THE  AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMI-
NATION ADJUSTMENT" UNDER THE HEADING "2011-12  ESTIMATED  AIDS"  IN  THE
SCHOOL  AID  COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS THE GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (III) THE SUM OF (A) THE GREATER OF:
  (A) THE PRODUCT OF (1) THE PRODUCT  OF  TWO  HUNDRED  AND  SEVENTY-TWO
DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED
TO  TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT OF
THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF  SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
TO  SUBDIVISION  FOUR  OF  THIS  SECTION MULTIPLIED BY (4) THE BASE YEAR
PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT  TO  SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B)  THE  PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS
($363.50) MULTIPLIED BY (1) THE POSITIVE  DIFFERENCE,  IF  ANY,  OF  ONE
MINUS  THE  PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI-

S. 6356--A                          5                         A. 8556--A

PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER  WITHOUT  ROUND-
ING,  OF:  (1)  THE  PRODUCT  OF THE QUOTIENT OF THE TAX EFFORT RATIO AS
DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND  ONE
HUNDRED  SEVENTY-SIX  THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED BY THE
POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS  THE  ALTERNATE  PUPIL  WEALTH
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  B OF SUBDIVISION THREE OF THIS
SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO  THREE  DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT  ROUNDING  MULTIPLIED  BY  (3)  THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B)  THE  PRODUCT  OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE
YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO  SUBPARA-
GRAPH  TWO  OF  PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR  TO  THE
BASE  YEAR,  AS  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY  (B)  ONE  THOUSAND  EIGHT
HUNDRED  FIFTEEN  DOLLARS  ($1,815)  MULTIPLIED BY (C) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO  THE  CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA-
TION FOR THE TWO THOUSAND FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR
SHALL  NOT  EXCEED  THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G) THE GAP ELIMINATION ADJUSTMENT  RESTORATION  AMOUNT  FOR  THE  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SHALL
EQUAL THE PRODUCT OF THE GAP ELIMINATION PERCENTAGE  FOR  SUCH  DISTRICT
AND  THE  GAP ELIMINATION ADJUSTMENT RESTORATION  ALLOCATION ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S 3. Paragraph a of subdivision 5 of section  3604  of  the  education
law,  as  amended by chapter 161 of the laws of 2005, is 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

S. 6356--A                          6                         A. 8556--A

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
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  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, 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 SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO

S. 6356--A                          7                         A. 8556--A

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 COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 developed by the commissioner and approved by the
director of the budget.
  S  4. The opening paragraph of section 3609-a of the education law, as
amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL YEAR, "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 appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision 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 subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  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 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. For aid payable in the two thousand thirteen--two
thousand  fourteen  school  year, reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".    FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN 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

S. 6356--A                          8                         A. 8556--A

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 THIR-
TY-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.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, 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 thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE

S. 6356--A                          9                         A. 8556--A

AREAS  SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED
FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS  MAY  BE  DETER-
MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL
DISTRICTS  IN  THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH SHALL NOT
EXCEED A TEN-YEAR PERIOD.  TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA-
TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING
A PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS  PRIOR
TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE
HELD,  TO  DEFER  AND/OR  PHASE-IN THE IMPACT AS PROVIDED HEREIN. IF THE
BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES
NOT APPROVE SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN  PERIOD,  THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY.
  2.  DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH PORTION
OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER:
  (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE  SCHOOL
YEAR  IMMEDIATELY  PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION
TOOK EFFECT.
  (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT.
  (C)  DIVIDE  THE  PRODUCT SO DETERMINED BY THE STATE EQUALIZATION RATE
APPLICABLE TO THE PORTION FOR THE FIRST SCHOOL YEAR OF  THE  REORGANIZED
SCHOOL  DISTRICT.  THE  QUOTIENT  IS THE ASSESSED VALUE TAX RATE FOR THE
PORTION FOR THAT SCHOOL YEAR. PROVIDED, THAT IF  THE  SUM  OF  THE  REAL
PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING
THE  ASSESSED  VALUE  TAX  RATES  COMPUTED PURSUANT TO THIS SUBDIVISION,
WOULD YIELD A REAL PROPERTY TAX LEVY THAT IS ABOVE OR  BELOW  THE  TOTAL
REAL  PROPERTY  TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE
CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED
OR INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL  PROPERTY
TAX LEVY AMOUNT.
  3.  DURING  EACH  YEAR  OF A PHASE-IN PERIOD, WHOSE DURATION UP TO TEN
YEARS SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR  TRUSTEES
OF  THE  CONSTITUENT  SCHOOL DISTRICTS, THE TAX RATE FOR EACH PORTION OF
THE REORGANIZED SCHOOL DISTRICT SHALL BE  CALCULATED  IN  THE  FOLLOWING
MANNER:
  (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
TOOK EFFECT.
  (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE  RESULT  IS
THE BASE FULL VALUE TAX RATE OF THE PORTION.
  (C)  DETERMINE  THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN
THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION.
  (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE  THAT  WOULD  HAVE  APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE
PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE
FOR THE PORTION.
  (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL  VALUE  TAX  RATE
AND THE BASE FULL VALUE TAX RATE FOR THE PORTION.
  (F)  DIVIDE  THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS
IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT.

S. 6356--A                         10                         A. 8556--A

  (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER  OF  YEARS  FROM
THE  BEGINNING  OF  THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR
WHICH THE TAX RATE IS BEING DETERMINED.
  (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE.
  (I)  DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE.
THE QUOTIENT IS THE ASSESSED VALUE TAX RATE  FOR  THE  PORTION  FOR  THE
CURRENT  SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX
LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED
VALUE TAX RATES COMPUTED PURSUANT TO THIS  SUBDIVISION,  WOULD  YIELD  A
REAL  PROPERTY  TAX  LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY
TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT  SCHOOL
YEAR,  THE  ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED
PROPORTIONATELY SO AS TO YIELD THE  SPECIFIED  REAL  PROPERTY  TAX  LEVY
AMOUNT.
  4.  AS  USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT.
  S 7. Section 3627 of the education law, as added by section 23 of part
A of chapter 57 of the laws of 2013, is amended to read as follows:
  S  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
provisions  of  this section to the contrary, for the two thousand thir-
teen--two thousand fourteen  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  school  [year]  YEARS, a city school district located in a city
having a population of one  million  or  more  providing  transportation
pursuant to this chapter shall be responsible for:
  (a)  providing  transportation for those children attending public and
nonpublic schools in grades kindergarten through six who remain  at  the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock  in the afternoon or later, on weekdays, and reside at least one
mile from their school of attendance for grades three through  six,  and
at  least  one-half  mile  from  their  school  of attendance for grades
kindergarten through two or
  (b) reimbursing the cost incurred by licensed transportation  carriers
pursuant  to contracts with such school district for providing transpor-
tation for those children attending  public  and  nonpublic  schools  in
grades  kindergarten through six who remain at the same school for which
they are enrolled for regularly scheduled academic  classes  from  half-
past  nine  o'clock  in the morning or earlier until four o'clock in the
afternoon or later, on weekdays, and reside at least one mile from their
school of attendance for grades three through six, and at least one-half
mile from their school of attendance  for  grades  kindergarten  through
two.
  2.  Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the  school  district  and  any
entity providing or contracting for such transportation service.
  3.  A  district  shall  not be deemed to have satisfied its obligation
under this section by providing public service transportation.
  4. Notwithstanding any other provision of law  to  the  contrary,  any
expenditures for transportation provided pursuant to this section in the
two  thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN-
-TWO THOUSAND FIFTEEN school [year] YEARS  and  otherwise  eligible  for
transportation  aid  pursuant to subdivision seven of section thirty-six
hundred two of this article shall be considered approved  transportation
expenses eligible for transportation aid, provided further that such aid
shall  be  limited  to  five  million  six hundred thousand dollars. And
provided further that such expenditures  eligible  for  aid  under  this

S. 6356--A                         11                         A. 8556--A

section shall supplement not supplant local expenditures for such trans-
portation in the two thousand twelve--two thousand thirteen school year.
  5.  Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required  to  incur  any  costs  in
excess  of the amount eligible for transportation aid pursuant to subdi-
vision four of this section. In the event such amount  is  insufficient,
the  city  school  district  of  New  York  shall provide transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
  6. The chancellor of such school district, in  consultation  with  the
commissioner,  shall prescribe the most cost effective system for imple-
menting the requirements of this section, taking into consideration: (a)
the costs associated with paragraphs (a) and (b) of subdivision  one  of
this  section,  and (b) policies that attempt to maximize student safety
for the student to be transported, which for purposes  of  this  section
shall include whether the pick up or drop off site of the transportation
is:
  (i) not further than 600 feet from the student's residence; and/or
  (ii)  at  the  same locations for any family that have children at the
same residence who attend two or more different schools.
  7. (a) In the event the chancellor  has  not  satisfied  a  district's
obligation  under  this  section,  a parent or guardian or any represen-
tative authorized by such parent or guardian  of  a  child  eligible  to
receive  transportation  under this section may request the commissioner
to arrange for the provision of the transportation  to  so  satisfy  the
requirements of this section.
  (b)  If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such  parent  or  guardian,
the  commissioner  determines  that  the  chancellor has not satisfied a
district's obligation under this section, then  the  commissioner  shall
immediately  direct the chancellor to contract with a licensed transpor-
tation carrier to provide the transportation required pursuant  to  this
section.
  (c)  In  the  event  the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the transpor-
tation required pursuant to this section, the chancellor  shall  provide
the  commissioner  with  a  copy  of  such  proposed contract, before it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
  (d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
  8. The parent or guardian, or any representative  authorized  by  such
parent  or  guardian,  may  submit  a written request for transportation
under this section, in the same manner and upon the same  dates  as  are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.
  S  8.  Section  3641  of  the education law is amended by adding a new
subdivision 6-c to read as follows:
  6-C. TEACHER EXCELLENCE FUND.  A. WITHIN THE AMOUNT  APPROPRIATED  FOR
SUCH  PURPOSE,  SUBJECT  TO  A  REQUEST  FOR  PROPOSALS DEVELOPED BY THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION-
ER SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS  SUBDIVI-
SION  TO  ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO THOUSAND FOUR-

S. 6356--A                         12                         A. 8556--A

TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, TO  PROVIDE  TEACHER  EXCELLENCE
FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS.
  (1)  TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE ALLOCATED IN
AN ANNUAL AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO  ELIGIBLE  TEACHERS
RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL
PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE
THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER.
  (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI-
CATION  TO  THE  COMMISSIONER,  IN  A  FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION.
  (3) THE COMMISSIONER SHALL  MAKE  AVAILABLE  SUCH  APPLICATION  ON  OR
BEFORE  MAY  FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND THE COMMISSIONER
SHALL ISSUE PRELIMINARY TEACHER  EXCELLENCE  FUND  GRANT  AWARDS  ON  OR
BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH-
ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD.
  (4)  APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL INCLUDE
INFORMATION REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED  TO,
THE  EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO RECOGNIZE
AND REWARD HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS  WITH  THE
GREATEST  ACADEMIC  NEED;  (II) IN DIFFICULT-TO-STAFF SUBJECT OR CERTIF-
ICATION AREAS AND/OR GRADE LEVELS; AND (III) AT  CRITICAL  POINTS  IN  A
TEACHER'S  CAREER  IN  ORDER  TO  ENCOURAGE HIGHLY EFFECTIVE TEACHERS TO
REMAIN IN THE CLASSROOM.
  (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI-
BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE
FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY
OF THE PROPOSAL.
  (6) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
TEACHER  EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS SUBDIVISION
SHALL BE IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF,  A  TEACH-
ER'S  BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION FOR
RETIREMENT PURPOSES.  TEACHER EXCELLENCE FUND PERFORMANCE  AWARDS  SHALL
SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF
THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT.
  B. FOR THE PURPOSE OF THIS SUBDIVISION:
  (1)  THE  TERM  "ELIGIBLE  SCHOOL DISTRICT" SHALL MEAN A COMMON, UNION
FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT
THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
SENTATIVES OF CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS  OF  THE
APPLICATION  SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A OF
THIS SUBDIVISION.
  (2) THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS  AN
INITIAL,  PROVISIONAL,  TRANSITIONAL,  PERMANENT  OR  PROFESSIONAL STATE
TEACHING CERTIFICATE APPROPRIATE TO THE  TEACHING  POSITIONS,  INCLUDING
THE  SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II) IS
A CLASSROOM TEACHER  SUBJECT  TO  THE  ANNUAL  PROFESSIONAL  PERFORMANCE
REVIEW  REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
AND (III) IS RATED "HIGHLY EFFECTIVE" BASED ON HIS OR  HER  MOST  RECENT
ANNUAL  PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIRE-
MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS
OF THE COMMISSIONER.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 21 of part A of chapter 57 of the laws of 2013,  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

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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 [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations 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 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS

S. 6356--A                         14                         A. 8556--A

MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
4410 of the education law, as amended by chapter 82 of the laws of 1995,
is amended and a new subparagraph (iv) is added to read as follows:
  (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
year,  the  commissioner  shall  annually determine the tuition rate for
approved services or programs provided to preschool children pursuant to
this section. Such rates for providers of  such  services  and  programs
shall be determined in conformance with a methodology established pursu-
ant to subdivision four of section forty-four hundred five of this arti-
cle after consultation with and a review of an annual report prepared by
the  advisory  committee established pursuant to paragraph a of subdivi-
sion twelve of this section and shall be subject to the approval of  the
director of the budget. Notwithstanding any other provision of law, rule
or  regulation  to the contrary, tuition rates established for the nine-
teen hundred ninety-five--ninety-six school year shall exclude  the  two
percent  cost  of  living adjustment authorized in rates established for
the nineteen hundred ninety-four--ninety-five school year.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND  THEREAFTER,  THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF THE BUDGET,  SHALL  ESTABLISH  REGIONAL  TUITION  RATES  FOR
SPECIAL  EDUCATION  ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN
ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR
OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB-
LISH LOCAL  TUITION  RATES  FOR  APPROVED  SPECIAL  EDUCATION  ITINERANT

S. 6356--A                         15                         A. 8556--A

SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED  BY  THE  DIRECTOR  OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I)
THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE  OF
THIS  ARTICLE.  THE  LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN
THE CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION  ITINERANT
SERVICES  WITHIN  THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL  EDUCA-
TION  ITINERANT  PROGRAM  PROVIDER  THROUGH  THE COMPETITIVE REQUEST FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED,  HOWEVER,  THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH  SHALL  NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH DISABILITIES WHO
RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO  THOU-
SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S 12. 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
27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2010--2011 school year shall not exceed 62.6
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and five cents per contact hour, reimbursement] for the
2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
such  approvable  costs  per  contact hour or twelve dollars and fifteen
cents per contact hour, reimbursement for  the  2012--2013  school  year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact  hour  or twelve dollars and thirty-five cents per contact hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND
THREE CENTS PER CONTACT HOUR  where  a  contact  hour  represents  sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five  thousand one hundred ninety-eight (1,525,198) hours; where-
as] for the 2011--2012 school year such contact hours shall  not  exceed
one  million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas for the 2012--2013 school year such contact  hours  shall
not  exceed  one  million  six  hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
such  contact  hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six  (1,649,746)  hours;  WHEREAS  FOR  THE
2014--2015  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED THIRTY-TWO THOUSAND  ONE  HUNDRED  TWENTY-NINE  (1,432,129)
HOURS.   Notwithstanding any other provision of law to the contrary, the
apportionment 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

S. 6356--A                         16                         A. 8556--A

for worker education, not to exceed the contact hours set forth  herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S  13. 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 s to read as follows:
  S. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2014--2015 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 14. 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 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016.
  S  16. 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 31 of part A of chapter  57
of the laws of 2013, 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,
[2014] 2015 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] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;

S. 6356--A                         17                         A. 8556--A

  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school
districts other than central high school districts and their components,
such tax levy for the base year shall be divided by the  year  prior  to
the  base year pupil count as determined by the commissioner pursuant to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter for any school district in which such year  prior  to  the  base
year  pupil  count  exceeds  one hundred fifty percent of such base year
public school district enrollment of resident pupils.
  S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, 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, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to the  provisions  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015.
  S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, 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, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, 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 school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  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, for the two

S. 6356--A                         18                         A. 8556--A

thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years each school district shall be eligible for a maximum  grant  equal
to  the  greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, 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 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2014--2015 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. 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,  2015  and not later than the last day of the third full
business week of June, 2015, 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, 2015, for salary expenses incurred between April  1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
gap  elimination  adjustment for 2011--2012 as determined by the commis-
sioner of education pursuant to subdivision 17 of section  3602  of  the
education  law,  and  provided further that such apportionment shall not

S. 6356--A                         19                         A. 8556--A

exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
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 24. 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, 2015, 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, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and

S. 6356--A                         20                         A. 8556--A

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 reminder 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  25.  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 office of prekindergarten through grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total

S. 6356--A                         21                         A. 8556--A

foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
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   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation 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 commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
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.  For  the

S. 6356--A                         22                         A. 8556--A

purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion 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  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  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 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this 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 2014--2015
by a chapter of the laws of 2014 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 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.

S. 6356--A                         23                         A. 8556--A

  S 30. This act shall take effect immediately, and shall be  deemed  to
have been in full force and effect on and after April 1, 2014, provided,
however, that:
  1.  Sections  one,  two, three, four, five, seven, nine, twelve, thir-
teen, seventeen, twenty-two, twenty-six and  twenty-seven  of  this  act
shall take effect July 1, 2014.
  2.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section nine of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
  3. Section eleven of this act shall take  effect  April  1,  2014  and
shall  first apply to the provision of services and programs pursuant to
section 4410 of the education law in the 2014-2015 school year, provided
that the provisions of subparagraph (iv) of paragraph a  of  subdivision
10  of  section  4410  of the education law, as added by such section of
this act, shall expire and be deemed repealed June 30, 2019.
  4. The amendments to chapter 756 of the  laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education in New York city, made by sections twelve and thirteen
of this act shall not affect the repeal of such  chapter  and  shall  be
deemed repealed therewith.
  5. Section sixteen of this act shall take effect immediately and shall
be  deemed to have been in full force and effect on and after the effec-
tive date of section 140 of chapter 82 of the laws of 1995.
  6. Section twenty-five of this act shall expire and be deemed repealed
June 30, 2015.

                                 PART B

  Section 1. The smart schools bond act of 2014 is enacted  to  read  as
follows:

                     SMART SCHOOLS BOND ACT OF 2014

Section 1. Short title.
        2. Creation of a state debt.
        3. Bonds of the state.
        4. Use of moneys received.
Section  1. Short title. This act shall be known and may be cited as the
"smart schools bond act of 2014".
  S 2. Creation of a state debt. The creation of  a  state  debt  in  an
amount   not   exceeding   in   the   aggregate   two   billion  dollars
($2,000,000,000) is hereby authorized to provide moneys for  the  single
purpose of improving learning and opportunity for public school students
of the state by funding capital projects to: acquire learning technology
equipment  or  facilities  including,  but  not  limited to, interactive
whiteboards, computer servers, and desktop, laptop and tablet computers;
install high-speed  broadband  or  wireless  internet  connectivity  for
schools  and  communities;  and construct, enhance, and modernize educa-
tional facilities to accommodate pre-kindergarten programs. The legisla-
ture may, by appropriate legislation and subject to such  conditions  as
it  may  impose, make available out of the proceeds of the sale of bonds
authorized in this act, moneys disbursed or to be disbursed for the cost
of approved capital projects undertaken by,  or  on  behalf  of,  school
districts for such purposes.
  S  3.  Bonds  of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to  the  aggregate

S. 6356--A                         24                         A. 8556--A

amount  of two billion dollars ($2,000,000,000) for the purposes of this
act, subject to the provisions of article five of the state finance law.
The aggregate principal amount  of  such  bonds  shall  not  exceed  two
billion  dollars  ($2,000,000,000)  excluding  bonds issued to refund or
otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
however,  that upon any such refunding or repayment, the total aggregate
principal amount of outstanding bonds may be greater  than  two  billion
dollars ($2,000,000,000) only if the present value of the aggregate debt
service  of  the  refunding  or  repayment  bonds to be issued shall not
exceed the present value of the aggregate debt service of the  bonds  to
be refunded or repaid. The method for calculating present value shall be
determined by law.
  S 4. Use of moneys received. The moneys received by the state from the
sale  of  bonds  sold pursuant to this act shall be expended pursuant to
appropriations for capital projects related to  design,  planning,  site
acquisition,  demolition,  construction, reconstruction, rehabilitation,
or acquisition and/or installation of equipment for the following  types
of  projects:  capital projects related to educational technology equip-
ment or facilities including but not limited to interactive whiteboards;
computer servers; desktop and laptop computers, and tablets;  high-speed
broadband or wireless internet connectivity for schools and communities;
and  capital  projects  to  construct,  enhance or modernize educational
facilities to accommodate pre-kindergarten programs.
  S 2. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  section one of this act shall not take effect unless and
until this act shall have been submitted to the people  at  the  general
election  to  be held in November 2014 and shall have been approved by a
majority of all votes cast for and against it  at  such  election.  Upon
approval  by the people, section one of this act shall take effect imme-
diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
submission  of  this act shall be in the form prescribed by the election
law and the proposition or question to be  submitted  shall  be  printed
thereon  in  substantially the following form, namely "The SMART SCHOOLS
BOND ACT OF 2014, as set forth in section one of part B of chapter (here
insert the chapter number) of the laws of 2014, authorizes the  sale  of
state  bonds  of  up  to two billion dollars ($2,000,000,000) to provide
access to classroom technology and high-speed internet  connectivity  to
equalize  opportunities for children to learn and to add classroom space
to  expand  high-quality  pre-kindergarten  programs.  Shall  the  SMART
SCHOOLS BOND ACT OF 2014 be approved?".

                                 PART C

  Section  1.  This  act  shall  be known and may be cited as the "smart
schools implementation act of 2014".
  S 2. Section 3641 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  IMPLEMENTATION  OF  THE SMART SCHOOLS BOND ACT OF 2014. A.  DEFI-
NITIONS. THE FOLLOWING TERMS, WHENEVER  USED  OR  REFERRED  TO  IN  THIS
SUBDIVISION,  UNLESS  THE  CONTEXT  INDICATES  OTHERWISE, SHALL HAVE THE
FOLLOWING MEANINGS:
  (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
"SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII  OF  THE
NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.

S. 6356--A                         25                         A. 8556--A

  (2)  "SMART  SCHOOLS  REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE
CHANCELLOR OF THE STATE UNIVERSITY OF NEW  YORK,  THE  DIRECTOR  OF  THE
BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES.
  (3)  "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY
A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO
BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION.
  (4) "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET  FORTH
AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH.
  (5)  "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS
A PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND  APPROPRIATE
INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN.
  (6)  "COMMUNITY  CONNECTIVITY  PROJECT"  SHALL  MEAN A CAPITAL PROJECT
WHICH, AS A PRIMARY PURPOSE, EXPANDS HIGH-SPEED  BROADBAND  OR  WIRELESS
INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS
AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
  (7)  "CLASSROOM  TECHNOLOGY  PROJECT"  SHALL MEAN A CAPITAL PROJECT TO
EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR
SCHOOL BUILDINGS AND CAMPUSES, OR TO ACQUIRE LEARNING  TECHNOLOGY  HARD-
WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED
TO  WHITEBOARDS,  COMPUTER SERVERS, DESKTOP COMPUTERS, LAPTOP COMPUTERS,
AND TABLET COMPUTERS.
  (8) "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET  FORTH
AS   "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",  "SPECIAL
SERVICES", "HIGH COST EXCESS COST", "PRIVATE EXCESS COST",  "HARDWARE  &
TECHNOLOGY",   "SOFTWARE,   LIBRARY,   TEXTBOOK",  "TRANSPORTATION  INCL
SUMMER", "OPERATING REORG  INCENTIVE",  "CHARTER  SCHOOL  TRANSITIONAL",
"ACADEMIC  ENHANCEMENT",  "HIGH  TAX  AID", AND "SUPPLEMENTAL PUB EXCESS
COST" UNDER THE HEADING "2013-14 BASE  YEAR  AIDS"  IN  THE  SCHOOL  AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR.
  (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH  SCHOOL  DISTRICT,
THE  PRODUCT  OF  (I) TWO BILLION DOLLARS ($2,000,000,000) MULTIPLIED BY
(II) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID  DIVIDED
BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS.
  B.  SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD
SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE  SUBMITTED  BY  SCHOOL
DISTRICTS.  SUCH  GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:  (I) A
TIMELINE FOR SCHOOL DISTRICT  SUBMISSION  OF  SMART  SCHOOLS  INVESTMENT
PLANS;  (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE PROCUREMENT
OPTIONS WHERE APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT  OF  A
DISTRICT'S  SMART  SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS WITH A
SHORT PROBABLE LIFE.
  (2) NO SCHOOL DISTRICT SHALL BE ENTITLED  TO  A  SMART  SCHOOLS  GRANT
UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN
TO  THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL OF
SUCH  INVESTMENT  PLAN.  IN  DEVELOPING  SUCH  INVESTMENT  PLAN,  SCHOOL
DISTRICTS  SHALL  CONSULT  WITH  PARENTS,  TEACHERS, STUDENTS, COMMUNITY
MEMBERS AND OTHER STAKEHOLDERS.
  (3) THE SMART SCHOOLS REVIEW BOARD  SHALL  REVIEW  ALL  SMART  SCHOOLS
INVESTMENT  PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER
REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD
MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL
DISTRICT FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT  OR
PROJECTS  DESCRIBED  IN  THE INVESTMENT PLAN SHALL BE ELIGIBLE FOR SMART
SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL  DISTRICT'S

S. 6356--A                         26                         A. 8556--A

SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE
COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED
TO  BE  SUBMITTED  FOR  APPROVAL OF THE COMMISSIONER PURSUANT TO SECTION
FOUR  HUNDRED  EIGHT  OF  THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC
AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA-
TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION.
  (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART  SCHOOL  INVESTMENT  PLAN
MUST  BE  SUBMITTED  TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND
SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
  C. EXPENDITURE  OF  MONEY.  (1)  SMART  SCHOOLS  GRANTS.  EACH  SCHOOL
DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A
SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS
FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT,
WHETHER  IN  THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS
ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO-
CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL  YEAR  SHALL
BE  CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING
SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE
ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER.
  (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
SCHOOL  DISTRICTS  SHALL  BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE
WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART
SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR  SUBAL-
LOCATED  TO  A  DEPARTMENT,  AGENCY,  OR PUBLIC AUTHORITY TO BE SPENT ON
BEHALF OF THE SCHOOL DISTRICT, SUCH  AMOUNTS  SHALL  BE  TRANSFERRED  OR
SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC-
TOR  OF  THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE
SHALL BE PAID BY  THE  COMPTROLLER  IN  ACCORDANCE  WITH  APPROPRIATIONS
THEREFOR,  PROVIDED,  HOWEVER,  THAT  THE  PAYMENT SCHEDULE SET FORTH IN
SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH  PAYMENTS.  SUCH
PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO
APPORTION  FUNDS  PURSUANT  TO  THIS  SUBDIVISION, AND WHENEVER A SCHOOL
DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT  TO  THIS  SUBDIVISION
THAN  THAT  TO  WHICH  IT  IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH
AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT.
  D. CONSISTENCY WITH FEDERAL TAX LAW. ALL  ACTIONS  TAKEN  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF  ANY
TAX  EXEMPT  BONDS  PURSUANT  TO  THIS  SUBDIVISION, TO PRESERVE THE TAX
EXEMPT STATUS OF SUCH BONDS.
  E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT  OF  FUNDS  TO  BE  MADE
AVAILABLE  PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
  S 3. The state finance law is amended by adding a new section  97-oooo
to read as follows:
  S  97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART  SCHOOLS  BOND
FUND".
  2.  THE  STATE  COMPTROLLER  SHALL DEPOSIT INTO THE SMART SCHOOLS BOND
FUND ALL MONEYS RECEIVED BY THE STATE FROM  THE  SALE  OF  BONDS  AND/OR
NOTES  FOR  USES  ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS
BOND ACT OF 2014.

S. 6356--A                         27                         A. 8556--A

  3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING  APPROPRIATION  BY
THE  LEGISLATURE  AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
AVAILABLE ONLY FOR REIMBURSEMENT OF  EXPENDITURES  MADE  FROM  APPROPRI-
ATIONS  FROM  THE  CAPITAL  PROJECTS  FUND  FOR THE PURPOSE OF THE SMART
SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014.
  4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD  PURSUANT  TO  THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED
FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF
APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
  S 4. Section 61 of the state finance law is amended by  adding  a  new
subdivision 31 to read as follows:
                          SMART SCHOOLS PROJECTS
  31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
BUT  NOT  LIMITED  TO  PRE-KINDERGARTEN PROJECTS, COMMUNITY CONNECTIVITY
PROJECTS, AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN  SUBDIVI-
SION  SIXTEEN  OF  SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION
LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE  LAWS  OF  TWO  THOUSAND
FOURTEEN,  ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF 2014.
THIRTY YEARS FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS  FOR  COMMUNITY
CONNECTIVITY   PROJECTS,   AND  EIGHT  YEARS  FOR  CLASSROOM  TECHNOLOGY
PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING
ANNUAL  DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
AGE PERIOD OF PROBABLE LIFE OF SUCH SMART  SCHOOLS  PROJECTS,  INCLUDING
WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT-
ED  AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE
SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE  DOLLAR  VALUE  OF  THE
PORTION  OF  THE  DEBT  CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF
WORKS OR PURPOSES) BY THE PROBABLE LIFE OF  SUCH  WORK  OR  PURPOSE  (OR
CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR
VALUE  OF  THE  ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL
ISSUE PREMIUM OR DISCOUNT.
  S 5.  If any clause, sentence, paragraph, 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 ther-
eof, but shall be confined in its operation  to  the  clause,  sentence,
paragraph,  section or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 6. This act shall take effect only in the event that  section  1  of
part  B  of  a  chapter of the laws of 2014, enacting the "smart schools
bond act of 2014," is submitted to the people at the general election to
be held in November 2014 and is approved by a majority of all votes cast
for and against it at such election. Upon such approval, this act  shall
take effect immediately. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of  the foregoing sections of this act are authorized and directed to be
made and completed on or before such effective date.

                                 PART D

  Section 1. Short title. This act shall be known and may  be  cited  as
the "nurse practitioners modernization act".
  S  2.  Subdivision 3 of section 6902 of the education law, as added by
chapter 257 of the laws of 1988, is amended to read as follows:

S. 6356--A                         28                         A. 8556--A

  3. (a) (I) The practice of registered professional nursing by a  nurse
practitioner,  certified  under section six thousand nine hundred ten of
this article, may include the diagnosis of illness and  physical  condi-
tions  and the performance of therapeutic and corrective measures within
a specialty area of practice, in collaboration with a licensed physician
qualified  to  collaborate  in  the  specialty  involved,  provided such
services are performed in accordance with a written  practice  agreement
and  written  practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF
THIS SUBDIVISION.  The written practice agreement shall include explicit
provisions for the resolution of any disagreement  between  the  collab-
orating physician and the nurse practitioner regarding a matter of diag-
nosis  or treatment that is within the scope of practice of both. To the
extent the practice agreement does not so provide, then the  collaborat-
ing physician's diagnosis or treatment shall prevail.
  [(b)]  (II)  IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREE-
MENT WITH A COLLABORATING PHYSICIAN  TERMINATES  AS  A  RESULT  OF:  THE
COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES
OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE
WRITTEN  PRACTICE  AGREEMENT  TERMINATING DUE TO NO FAULT ON THE PART OF
THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT
HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC-
TICE AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO  DO
SO,  THEN  UPON  APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY
CONTINUE TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY  AREA
OF  PRACTICE  FOR  A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A
NURSE PRACTITIONER WHO HAS BEEN CERTIFIED  UNDER  SECTION  SIX  THOUSAND
NINE  HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN
THREE THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE  IN
THE  SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN ACCORD-
ANCE WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN  PRACTICE  PROTOCOLS;
SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS
MAY  BE  EXTENDED  FOR  A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX
MONTHS UPON A SHOWING OF GOOD CAUSE  SUBJECT  TO  THE  APPROVAL  OF  THE
DEPARTMENT.
  (III)  Prescriptions  for  drugs, devices and immunizing agents may be
issued by a nurse practitioner, under this [subdivision]  PARAGRAPH  and
section  six  thousand  nine  hundred ten of this article, in accordance
with the practice agreement and practice protocols EXCEPT  AS  PERMITTED
BY  PARAGRAPH  (B)  OF  THIS SUBDIVISION.   The nurse practitioner shall
obtain a certificate from the department upon successfully completing  a
program  including  an appropriate pharmacology component, or its equiv-
alent, as  established  by  the  commissioner's  regulations,  prior  to
prescribing  under this [subdivision] PARAGRAPH.  The certificate issued
under section six thousand nine hundred ten of this article shall  state
whether the nurse practitioner has successfully completed such a program
or  equivalent  and  is authorized to prescribe under this [subdivision]
PARAGRAPH.
  [(c)] (IV) Each practice agreement shall provide for  patient  records
review  by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB-
ORATING NURSE PRACTITIONER, in a timely fashion but  in  no  event  less
often  than  every three months. The names of the nurse practitioner and
the collaborating physician  OR,  WHERE  APPLICABLE,  THE  COLLABORATING
NURSE  PRACTITIONER  shall  be clearly posted in the practice setting of
the nurse practitioner.
  [(d)] (V) The practice protocol shall reflect current accepted medical
and nursing practice, OR FOR COLLABORATIONS WITH ANOTHER  NURSE  PRACTI-

S. 6356--A                         29                         A. 8556--A

TIONER  PURSUANT  TO  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, THE CURRENT
ACCEPTED NURSING PRACTICE.   The  protocols  shall  be  filed  with  the
department  within  ninety  days of the commencement of the practice and
may  be  updated  periodically.  The commissioner shall make regulations
establishing the procedure for the review of protocols and the  disposi-
tion of any issues arising from such review.
  [(e)]  (VI)  No  physician  OR,  WHERE APPLICABLE, NURSE PRACTITIONER,
shall enter into practice agreements with more than four  nurse  practi-
tioners who are not located on the same physical premises as the collab-
orating physician OR COLLABORATING NURSE PRACTITIONER.
  [(f)]  (B)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED  UNDER  SECTION  SIXTY-NINE
HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN  LIEU  OF  COMPLYING
WITH  THE  REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO
COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN
PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH  THIS  PARAGRAPH
SHALL  HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI-
CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A  HOSPITAL,
LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW, THAT
PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED  TO  COLLABORATE
IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE
NURSE  PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A
MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL
LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE,  WITH  WHOM
THE  NURSE  PRACTITIONER  IS  COLLABORATING,  AND THE NURSE PRACTITIONER
ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF  AND  HAS  AGREED  TO
MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER.
  (C)  Nothing  in this subdivision shall be deemed to limit or diminish
the practice of the profession of nursing as a  registered  professional
nurse  under  this article or any other law, rule, regulation or certif-
ication, nor to deny any registered professional nurse the right  to  do
any  act  or  engage  in  any practice authorized by this article or any
other law, rule, regulation or certification.
  [(g)] (D) The provisions of this subdivision shall not  apply  to  any
activity  authorized,  pursuant  to  statute,  rule or regulation, to be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT  SHALL  COLLECT  AND  A  NURSE  PRACTITIONER  SHALL
PROVIDE  SUCH  INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT,
IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS  NECESSARY  TO  ENABLE
THE  DEPARTMENT  OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION  AND  TYPE  OF  SETTING
WHEREIN  THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS
PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND  IS  PRAC-
TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE
NURSE  PRACTITIONER  PRACTICES  PURSUANT TO A WRITTEN PRACTICE AGREEMENT
WITH A NURSE PRACTITIONER FOR SIX MONTHS AND  IF  THE  WRITTEN  PRACTICE
AGREEMENT  HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING
OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT;  IF  THE  NURSE
PRACTITIONER  PRACTICES  PURSUANT  TO COLLABORATIVE RELATIONSHIPS WITH A
PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN  CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT.
  S 3. This act shall take effect on the first of January after it shall
have  become  a  law; provided, however, that effective immediately, the

S. 6356--A                         30                         A. 8556--A

addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

                                 PART E

  Section  1. Section 11 of the education law is amended by adding a new
subdivision 9 to read as follows:
  9. "PATTERN OF HARASSMENT,  BULLYING  OR  DISCRIMINATION"  SHALL  MEAN
MULTIPLE  INCIDENTS  OF HARASSMENT, BULLYING OR DISCRIMINATION INVOLVING
ONE OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS  OR
CLASSES  OF  PERSONS  BASED  ON  THEIR  ACTUAL OR PERCEIVED RACE, COLOR,
WEIGHT, NATIONAL ORIGIN, ETHNIC  GROUP,  RELIGION,  RELIGIOUS  PRACTICE,
DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX.
  S  2. Paragraph d of subdivision 1 of section 13 of the education law,
as added by chapter 102 of the laws of  2012,  is  amended  to  read  as
follows:
  d.  require the principal, superintendent or the principal's or super-
intendent's designee to lead or supervise the thorough investigation  of
all  reports  of  harassment, bullying and discrimination, and to ensure
that such investigation is completed promptly after receipt of any writ-
ten reports made under this section. IF THE PRINCIPAL OR  SUPERINTENDENT
DESIGNATES  AN  INDIVIDUAL  TO LEAD AND SUPERVISE SUCH INVESTIGATION AND
THE INVESTIGATION REVEALS VERIFIED  HARASSMENT,  BULLYING  OR  DISCRIMI-
NATION,  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE SHALL PROMPTLY
FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI-
NATION DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH,  AS  DETER-
MINED BY THE SCHOOL DISTRICT;
  S  3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of section
13 of the education law are relettered paragraphs g, h, i, j,  k,  l,  m
and n and two new paragraphs e and f are added to read as follows:
  E.  REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO PARA-
GRAPH D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE  PRIN-
CIPAL'S  OR  SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE AND DETERMINE
IF EACH VERIFIED INCIDENT IS PART OF A PATTERN OF  HARASSMENT,  BULLYING
OR  DISCRIMINATION.  IF  THE  PRINCIPAL  OR SUPERINTENDENT DESIGNATES AN
INDIVIDUAL TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S  OR
SUPERINTENDENT'S  DESIGNEE  SHALL  PROMPTLY  FORWARD  ANY  SUCH DETERMI-
NATIONS, WHETHER OR NOT THEY FIND A PATTERN OF HARASSMENT,  BULLYING  OR
DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS
DETERMINED  BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN TURN,
SHALL PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION  TO
DETERMINE  IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF HARASS-
MENT, BULLYING OR DISCRIMINATION;
  F. REQUIRE THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT  TO  THE
COMMISSIONER,  THE  DIVISION  OF  HUMAN RIGHTS AND THE DIVISION OF STATE
POLICE, (I) ANY INVESTIGATION WHERE A DETERMINATION IS  MADE  BY  EITHER
THE  PRINCIPAL,  SUPERINTENDENT  OR  THE PRINCIPAL'S OR SUPERINTENDENT'S
DESIGNEE THAT A VERIFIED INCIDENT OF HARASSMENT, BULLYING  OR  DISCRIMI-
NATION  IS  PART  OF A PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION
AND (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF  WHICH
THEY  OTHERWISE  BECOME  AWARE.  SCHOOL DISTRICTS SHALL ENSURE THAT THEY
HAVE ADEQUATE POLICIES AND PROCEDURES IN  PLACE  TO  ENSURE  THAT  THESE
PATTERNS ARE REPORTED PROMPTLY;
  S  4.  Section  14  of  the education law is amended by adding two new
subdivisions 6 and 7 to read as follows:

S. 6356--A                         31                         A. 8556--A

  6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR  SUPER-
INTENDENT  OF  A  PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE
COMMISSIONER SHALL DEVELOP, AND THE  SCHOOL  DISTRICT  SHALL  IMPLEMENT,
INTERVENTION  PROTOCOLS  REASONABLY  CALCULATED  TO  END THE HARASSMENT,
BULLYING  OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE A
MORE POSITIVE SCHOOL CULTURE AND  CLIMATE,  PREVENT  RECURRENCE  OF  THE
BEHAVIOR,  AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST WHOM
SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT
SHALL EVALUATE THE DISTRICT'S IMPLEMENTATION OF  SUCH  PROTOCOLS  WITHIN
SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT.
  7.  IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE FROM
ANY SOURCE THAT A SCHOOL  PRINCIPAL  OR  SUPERINTENDENT  HAS  FAILED  TO
FULFILL  HIS  OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO REPORT A
PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN  SECTION
ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR
SHOULD  HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL PROCEEDING
PURSUANT TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS  TITLE.
FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A
SCHOOL OFFICER.
  S  5.  Section  297  of  the  executive law is amended by adding a new
subdivision 11 to read as follows:
  11. THE DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER  OF  EDUCA-
TION  INFORMATION  REGARDING  ANY  COMPLAINTS  OF DISCRIMINATION AGAINST
STUDENTS IN A PUBLIC SCHOOL, BROUGHT PURSUANT  TO  SUBDIVISION  FOUR  OF
SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF
PROBABLE  CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY BE
USED BY THE COMMISSIONER OF EDUCATION  TO  DETERMINE  WHETHER  A  SCHOOL
PRINCIPAL  OR  SUPERINTENDENT  HAS FAILED TO REPORT A PATTERN OF HARASS-
MENT, BULLYING OR DISCRIMINATION IN VIOLATION  OF  ARTICLE  TWO  OF  THE
EDUCATION LAW.
  S  6.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided that authority of the commissioner of educa-
tion and the division of human  rights  to  promulgate  any  regulations
necessary to implement this act shall take effect immediately.

                                 PART F

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35.  THE  TERM  "EDUCATIONAL  INSTITUTION", WHEN USED IN THIS ARTICLE,
SHALL MEAN:
  (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO  THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
  (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
  S  2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4. It shall be an unlawful discriminatory practice for  an  [education
corporation  or  association  which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant  to  the  provisions  of
article  four  of  the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or  to
permit  the  harassment  of  any  student or applicant, by reason of his
race, color, religion, disability, national origin, sexual  orientation,
military status, sex, age or marital status, except that any such insti-

S. 6356--A                         32                         A. 8556--A

tution  which  establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
  S 3. This act shall take effect immediately.

                                 PART G

  Section  1. The education law is amended by adding a new section 669-e
to read as follows:
  S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT-
ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN
AN APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE,  TECH-
NOLOGY,  ENGINEERING  OR MATHEMATICS AT A NEW YORK STATE PUBLIC INSTITU-
TION OF HIGHER EDUCATION SHALL BE  ELIGIBLE  FOR  AN  AWARD  UNDER  THIS
SECTION,  PROVIDED  THE  APPLICANT:  (A)  GRADUATES  FROM  A HIGH SCHOOL
LOCATED  IN  NEW  YORK  STATE  DURING  OR   AFTER   THE   TWO   THOUSAND
THIRTEEN--FOURTEEN  SCHOOL  YEAR;  AND  (B) GRADUATES WITHIN THE TOP TEN
PERCENT OF HIS OR HER HIGH SCHOOL CLASS; AND (C)  ENROLLS  IN  FULL-TIME
STUDY  EACH  ACADEMIC  YEAR  BEGINNING IN THE FALL TERM AFTER HIS OR HER
HIGH SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN  SCIENCE,
TECHNOLOGY,  ENGINEERING  OR MATHEMATICS, AS DEFINED BY THE CORPORATION,
AT A NEW YORK STATE PUBLIC INSTITUTION  OF  HIGHER  EDUCATION;  AND  (D)
SIGNS  A  CONTRACT  WITH  THE CORPORATION AGREEING THAT HIS OR HER AWARD
WILL BE CONVERTED TO A STUDENT LOAN IN THE EVENT THE  STUDENT  FAILS  TO
COMPLY  WITH  THE TERMS OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR
OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
ARTICLE AND ALL REQUIREMENTS PROMULGATED  BY  THE  CORPORATION  FOR  THE
ADMINISTRATION OF THE PROGRAM.
  2.   AWARDS   SHALL   BE  GRANTED  BEGINNING  WITH  THE  TWO  THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  THEREAFTER  TO  APPLI-
CANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN  AMOUNT  EQUAL  TO
THE  AMOUNT  OF  UNDERGRADUATE  TUITION  FOR RESIDENTS OF NEW YORK STATE
CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL  TUITION  CHARGED,
WHICHEVER  IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES EDUCA-
TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST  OF
ATTENDANCE  SHALL  NOT BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (II)
FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR  SCHOLARSHIPS  THAT
COVER  LESS  THAN  THE  STUDENT'S  FULL  COST OF ATTENDANCE, SUCH GRANTS
AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM  AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE  COMBINED  BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
ANCE; AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO  TUITION
AFTER  THE  APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS
LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT  EQUAL  TO  SUCH
EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD
UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE  AMOUNT  OF  TUITION
EQUAL  TO  THE  AWARD.  NO  AWARD  SHALL  BE FINAL UNTIL THE RECIPIENT'S
SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
  3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR
ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE  ACADEMIC  YEARS
IF  THE  PROGRAM  OF  STUDY  NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY
ALLOWABLE INTERRUPTION OF STUDY.
  4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT  OF
THE  AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A  RECIPIENT  FAILS
TO  COMPLETE  AN  APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,

S. 6356--A                         33                         A. 8556--A

ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU-
ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS;
OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A  RECIPIENT
FAILS  TO  EITHER  (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE,
TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A  PUBLIC  OR  PRIVATE
ENTITY  LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW
YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A  RECIPIENT  FAILS  TO
RESPOND  TO  REQUESTS  BY  THE  CORPORATION FOR THE STATUS OF HIS OR HER
ACADEMIC OR PROFESSIONAL PROGRESS.   THE TERMS AND  CONDITIONS  OF  THIS
SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE
IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING
OR  MATHEMATICS  AND  CONTINUE  THEIR  EDUCATION ON AT LEAST A HALF-TIME
BASIS IN A GRADUATE OR  HIGHER  DEGREE  PROGRAM  OR  OTHER  PROFESSIONAL
LICENSURE  DEGREE  PROGRAM  UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL
ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR  EMPLOY-
MENT  AS  ESTABLISHED  BY  THE RULES AND REGULATIONS OF THE CORPORATION.
THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR  A
GRACE  PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION, FOLLOWING THE
COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE,  TECHNOLOGY,
ENGINEERING  OR  MATHEMATICS.    ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION  TO
THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND
REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  5.  THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
TION  OF  THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part C of
chapter 57 of the laws of 2013, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2014] 2017, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program

S. 6356--A                         34                         A. 8556--A

for independent colleges, as amended by section 2 of part C  of  chapter
57 of the laws of 2013, is amended to read as follows:
  (h)  In  the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the  event  they  apply
for  and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants shall thereafter be awarded  to
colleges  on  a competitive basis, according to the priorities set forth
below.  Notwithstanding subdivision five of this  section,  any  college
shall  be  eligible  to  apply  for  such  unused funds in response to a
request for proposals for a  higher  education  capital  matching  grant
pursuant  to  this  paragraph.   In such cases, the following priorities
shall apply: first,  priority  shall  be  given  to  otherwise  eligible
colleges that either were, or would have been, deemed ineligible for the
program  prior  to March 31, 2009, due to missed deadlines, insufficient
matching funds, lack of accreditation or  other  disqualifying  reasons;
and  second,  after  the  board  has  acted upon all such first-priority
applications for unused funds, if any such  funds  remain,  those  funds
shall be available for distribution to eligible colleges.  The dormitory
authority shall develop a request for proposals and application process,
in  consultation  with  the board, for higher education capital matching
grants awarded pursuant to this paragraph, and shall  develop  criteria,
subject  to  review  by the board, for the awarding of such grants. Such
criteria shall include, but not be  limited  to  the  matching  criteria
contained  in  paragraph  (c)  of  this subdivision, and the application
criteria set forth in paragraph (e) of this subdivision.  The  dormitory
authority  shall require all applications in response to the request for
proposals to be submitted by September 1, [2013]  2014,  and  the  board
shall  act  on  each application for such matching grants by November 1,
[2013] 2014.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the  2005-2006
state fiscal year, relating to the New York state higher education capi-
tal  matching  grant  program  for  independent  colleges, as amended by
section 3 of part C of chapter 57 of the laws of  2013,  is  amended  to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary,  and  subject  to  the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the  director  of  the  budget  is
authorized  in  any  state  fiscal  year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending on  March  31,  [2015,]
2017,  to  enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the  dormitory  authority,  upon  such
terms as the director of the budget and the dormitory authority agree.
  S  4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching  capital  grant  program
for  independent  colleges, as amended by section 4 of part C of chapter
57 of the laws of 2013, is amended to read as follows:
  (b) Any eligible institution receiving a grant pursuant to this  arti-
cle shall report to the dormitory authority no later than June 1, [2014]
2018,  on  the use of funding received and its programmatic and economic
impact. The dormitory authority shall submit  a  report  no  later  than

S. 6356--A                         35                         A. 8556--A

November  1,  [2014]  2018 to [the board,] the governor, the director of
the budget, the temporary president of the senate, and  the  speaker  of
the  assembly  on  the aggregate impact of the higher education matching
capital  grant  program.  Such  report  shall provide information on the
progress and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  E  of  chapter  57  of  the  laws  of 2013, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$158.00] $160.00 for each month  beginning  on
or after January first, two thousand [thirteen] FOURTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$187.00]  $190.00  for  each  month
beginning on or after January first, two thousand [thirteen] FOURTEEN.
  (d)  for  the period commencing January first, two thousand [fourteen]
FIFTEEN, the monthly personal needs allowance shall be an  amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [fourteen] FIFTEEN, but prior to June thirtieth,  two  thousand
[fourteen] FIFTEEN, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
E of chapter 57 of the laws of 2013, are amended to read as follows:
  (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
eligible couple living alone, [$1170.00] $1186.00.
  (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$733.00] $744.00; and for an eligible couple living with others
with or without in-kind income, [$1112.00] $1128.00.
  (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for an eligible individual receiving family care, [$976.48]  $987.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$938.48]
$949.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.

S. 6356--A                         36                         A. 8556--A

  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  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 [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; 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 [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  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.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE
PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.

S. 6356--A                         37                         A. 8556--A

  2. ANY PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY,  IS  FOUND
BY  A  FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT OR PURSUANT
TO AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS  OF
THE  DEPARTMENT,  ON THE BASIS OF A PLEA OF GUILTY OR NOLO CONTENDERE OR
OTHERWISE,  TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC
BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION
ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO  ACCOUNT
IN  DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO
SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF  ONE
MONTH  FOR  THE  FIRST  OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE
SECOND OFFENSE; (III) FOR  A  PERIOD  OF  THREE  MONTHS  FOR  THE  THIRD
OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE.
THESE  SANCTIONS  SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY
OTHER SANCTIONS OR PENALTIES THAT  MAY  BE  PROVIDED  FOR  BY  LAW  WITH
RESPECT  TO  THE  UNAUTHORIZED  USE  INVOLVED,  EXCEPT  THAT  THE SOCIAL
SERVICES OFFICIAL OR COURT OFFICIAL  ASSESSING  SANCTIONS  OR  PENALTIES
AGAINST  A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION
ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER  SANCTIONS
OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS
SUBDIVISION.
  S  3.  Section 151 of the social services law, as added by chapter 570
of the laws of 1951, is amended to read as follows:
  S 151. [Penalty] PENALTIES for cashing  public  assistance  checks  OR
ACCEPTING   ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC  ASSISTANCE
RECIPIENTS.   [No] 1. UNAUTHORIZED  TRANSACTIONS.  EXCEPT  AS  OTHERWISE
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH-
MENT,   ENTITY,  or  corporation  (A)  licensed  under  the  [provision]
PROVISIONS of the alcoholic beverage control law to sell  liquor  AND/OR
WINE  at  retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER
AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES
CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL  WAGERING
ACTIVITY  UNDER  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D)
LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE  OPERATION
OF  A  VIDEO  LOTTERY  FACILITY  UNDER  SECTION ONE THOUSAND SIX HUNDRED
SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE  A  GAMING  FACILITY
UNDER  SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU-
TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING  ADULT-ORIENTED  ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT, OR MAKING AVAILABLE THE  VENUE  IN  WHICH  PERFORMERS
DISROBE  OR  PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash
or accept[, for any purpose whatsoever,] FOR  UNAUTHORIZED  TRANSACTIONS
AS  SET  FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF
THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER
DEVICE issued by a public welfare official or department, OR AGENT THER-
EOF, as and for public assistance.
  2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT  SELLS  GROCERIES
INCLUDING  STAPLE  FOODS  AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE
SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB-
LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT  ACCEPT
WAGERS  AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH
AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC  ASSIST-
ANCE  CHECK  OR  ELECTRONIC  BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE
OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR  PURPOSES  OF  THIS  PARA-
GRAPH,  "GAMING  ESTABLISHMENT"  SHALL  MEAN ANY VIDEO LOTTERY FACILITY,

S. 6356--A                         38                         A. 8556--A

OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL
CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
  (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL
PURPOSE  OF  THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST-
ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER  DEVICE  ISSUED  BY  A  PUBLIC
WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF.
  3.  PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of
this section [for the first offense shall be punishable by a fine not to
exceed fifty dollars.  A second offense] TAKING PLACE  AT  THE  LICENSED
PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
BEVERAGE  CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED
TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR  (III)  TO  SELL
LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT
WHERE  ENTERTAINERS  APPEAR  UNCLOTHED  AS PERMITTED BY THE RULES OF THE
STATE LIQUOR AUTHORITY, shall constitute  [sufficient]  cause,  FOR  THE
PURPOSES  OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, for the revocation,  cancellation  or  suspension  of  such
license [issued pursuant to the alcoholic beverage control law].
  (B)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
ITY UNDER SECTION ONE THOUSAND  THREE  HUNDRED  ELEVEN  OF  THE  RACING,
PARI-MUTUEL  WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU-
SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
TION OF A VIDEO LOTTERY FACILITY;  LICENSED  OR  AUTHORIZED  TO  CONDUCT
PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
TEEN-H  OF  THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO-
RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE  HUNDRED
FOUR  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION
ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA-
TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
  (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
BY  ANY  PERSON,  FIRM,  ESTABLISHMENT,  ENTITY OR CORPORATION PROVIDING
ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
AN  UNCLOTHED  STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT,  SHALL  BE  A  VIOLATION,  AS  DEFINED IN SUBDIVISION THREE OF
SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE  THAN  ONE
HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO
A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT
SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO  A  FINE  OF  NOT
MORE THAN ONE THOUSAND DOLLARS.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however,  the  New  York  state  office  of
temporary  and disability assistance, the New York state liquor authori-
ty, and the New York state gaming  commission  shall  be  authorized  to
promulgate  regulations  on an emergency basis and immediately take such
other actions as necessary to implement the provisions of this act.

                                 PART K

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  (the corporation) may provide, for purposes of
the rural rental assistance program, a sum not to exceed twenty  million
four hundred thousand dollars for the fiscal year ending March 31, 2015.

S. 6356--A                         39                         A. 8556--A

Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total sum not to exceed twenty million four hundred thousand dollars  as
soon as practicable but no later than June 30, 2014. Notwithstanding any
other provision of law, all current and existing rural rental assistance
program  contracts  may  be assigned to the corporation to administer as
soon as practicable. Notwithstanding any other provision  of  law,  such
funds  may  be used by the corporation in support of contracts scheduled
to expire in 2014-15 for as many as 10 additional years; in  support  of
contracts  for new eligible projects for a period not to exceed 5 years;
and in support of contracts which reach their 25 year maximum in  and/or
prior to 2014-15 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing projects, a sum not to exceed thirty-two million
dollars for the fiscal year ending March 31, 2015.  Notwithstanding  any
other  provision  of  law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund  created  pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish  the  purposes of such account, the board of directors of the
state of New York mortgage agency shall authorize the transfer from  the
project  pool  insurance  account  of the mortgage insurance fund to the
housing finance agency, for the purposes of reimbursing any costs  asso-
ciated with Mitchell Lama housing projects authorized by this section, a
total  sum not to exceed thirty-two million dollars as soon as practica-
ble but no later than March 31, 2015.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
neighborhood preservation program, a sum not  to  exceed  eight  million
four  hundred  seventy-nine  thousand dollars for the fiscal year ending
March 31, 2015. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance account of the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the housing trust fund  corporation  (the
corporation),  for the purposes of reimbursing any costs associated with
neighborhood preservation program contracts authorized by this  section,
a  total sum not to exceed eight million four hundred seventy-nine thou-
sand dollars as soon as practicable but no later than June 30, 2014.
  S 4. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural preservation program, a sum  not  to  exceed  three  million  five
hundred  thirty-nine  thousand  dollars for the fiscal year ending March
31, 2015.  Notwithstanding any other provision of law, and provided that

S. 6356--A                         40                         A. 8556--A

the reserves in the project  pool  insurance  account  of  the  mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of
the  mortgage  insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural preservation program contracts authorized by this section, a total
sum  not  to  exceed  three  million  five  hundred thirty-nine thousand
dollars as soon as practicable but no later than June 30, 2014.
  S 5. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural and urban community investment fund program  created  pursuant  to
article  XXVII  of  the private housing finance law, a sum not to exceed
six million seven hundred fifty thousand dollars  for  the  fiscal  year
ending  March 31, 2015.  Notwithstanding any other provision of law, and
provided that the reserves in the project pool insurance account of  the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities  law are sufficient to attain and maintain the credit rating
(as determined by the agency) required to  accomplish  the  purposes  of
such  account,  the board of directors of the state of New York mortgage
agency shall authorize the transfer  from  the  project  pool  insurance
account  of the mortgage insurance fund to the housing trust fund corpo-
ration (the corporation), for the  purposes  of  reimbursing  any  costs
associated  with  rural  and  urban  community  investment  fund program
contracts authorized by this section, a total  sum  not  to  exceed  six
million  seven hundred fifty thousand dollars as soon as practicable but
not later than March 31, 2015.
  S 6. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for the purposes of
carrying out the provisions of the low income housing trust fund program
created pursuant to article XVIII of the private housing finance law,  a
sum  not  to  exceed  two  million five hundred thousand dollars for the
fiscal year ending March 31, 2015. Notwithstanding any  other  provision
of law, and provided that reserves in the project pool insurance account
of the mortgage insurance fund created pursuant to section 2429-b of the
public  authorities law are sufficient to attain and maintain the credit
rating (as determined by the agency) required to accomplish the purposes
of such account, the board of directors of the state of New  York  mort-
gage agency shall authorize the transfer from the project pool insurance
account  of the mortgage insurance fund to the housing trust fund corpo-
ration  (the  corporation),  for  the  purposes  of  carrying  out   the
provisions of the low income housing trust fund program created pursuant
to  article  XVIII of the private housing finance law authorized by this
section, a total sum not to exceed two  million  five  hundred  thousand
dollars as soon as practicable but no later than March 31, 2015.
  S  7.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
homes for working families program for deposit in the housing trust fund
created  pursuant to section 59-a of the private housing finance law and
subject to the provisions  of  article  XVIII  of  the  private  housing
finance  law,  a sum not to exceed one million seven hundred fifty thou-
sand dollars for the fiscal year ending March 31, 2015.  Notwithstanding
any  other  provision  of  law,  and  provided  that the reserves in the
project pool insurance account of the mortgage  insurance  fund  created

S. 6356--A                         41                         A. 8556--A

pursuant  to section 2429-b of the public authorities law are sufficient
to attain and maintain the credit rating (as determined by  the  agency)
required to accomplish the purposes of such account, the board of direc-
tors of the state of New York mortgage agency shall authorize the trans-
fer  from  the  project pool insurance account of the mortgage insurance
fund to the housing trust fund corporation (the  corporation),  for  the
purposes  of  reimbursing  any  costs  associated with homes for working
families program contracts authorized by this section, a total  sum  not
to  exceed  one  million seven hundred fifty thousand dollars as soon as
practicable but no later than March 31, 2015.
  S 8. This act shall take effect immediately.

                                 PART L

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to continue transforming New York's juvenile justice
system.  Each  component is wholly contained within a Subpart identified
as Subparts  A  through  B.  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 Subpart, which makes refer-
ence to a section "of this act",  when  used  in  connection  with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
1950 of the education law, as added by section 1 of part K of chapter 57
of the laws of 2012, is amended to read as follows:
  (8) To enter into contracts with the commissioner  of  the  office  of
children  and  family  services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to  such  office,  for
the  benefit of youth in its custody, any special education programs AND
ANY OTHER PROGRAMS and related services provided by the board of cooper-
ative educational services  to  component  school  districts.  Any  such
proposed  contract  shall  be  subject to the review and approval of the
commissioner to determine that it is an approved cooperative educational
service. Services provided pursuant to such contracts shall be  provided
at  cost, and the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing  such  services  to
its component school districts.
  S  2. Subdivision 6-a of section 3202 of the education law, as amended
by section 2 of part K of chapter 57 of the laws of 2012, is amended  to
read as follows:
  6-a.  Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children  and  family
services  shall  be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education  with
the  trustees  or  board  of  education of the school district wherein a
facility for the residential care of such youth is located or  with  the
board  of  cooperative  educational  services  at  which any such school
district is a component district [for  special  education  programs  and
related  services].  A  youth  attending  a local public school while in
residence at such facility shall be deemed  a  resident  of  the  school

S. 6356--A                         42                         A. 8556--A

district  where  his  parent  or guardian resides at the commencement of
each school year for the purpose of determining  which  school  district
shall  be  responsible  for the youth's tuition pursuant to section five
hundred four of the executive law.
  S  3. This act shall take effect immediately; provided that the amend-
ments to subparagraph 8 of paragraph h of subdivision 4 of section  1950
of  the  education  law made by section one of this act shall not affect
the expiration and repeal of such subparagraph and shall expire  and  be
deemed  repealed therewith pursuant to section 4 of part K of chapter 57
of the laws of 2012, and provided further, that the amendments to subdi-
vision 6-a of section 3202 of the education law made by section  two  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to  section  4  of part K of chapter 57 of the laws of
2012.

                                SUBPART B

  Section 1. Paragraph (a) of subdivision 7 of section 404 of the social
services law, as added by section 1 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
  (a) Notwithstanding the provisions of  paragraph  (c)  of  subdivision
fifteen  of  section five hundred one of the executive law, or any other
law to the contrary, if the  office  of  children  and  family  services
approves  a  social  services  district's  plan  for  a juvenile justice
services close to home initiative to  implement  services  for  juvenile
delinquents placed in non-secure or limited secure settings, such office
shall  be  authorized,  for up to a year after the effective date of the
first of any such approved plan for a district to implement services for
each setting level, but in no event later  than  [September  first,  two
thousand  fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN:  (1) to close
any of its facilities in the corresponding setting levels covered by the
approved plan and to make significant associated service reductions  and
public  employee  staffing  reductions and transfer operations for those
setting levels to a private or not-for-profit entity, as  determined  by
the commissioner of the office of children and family services solely to
reflect  the  decrease in the number of juvenile delinquents placed with
such office from such social services district; (2) to reduce  costs  to
the  state  and  other  social  services  districts  resulting from such
decrease; and (3) to adjust services to provide regionally-based care to
juvenile delinquents from other parts of the state needing  services  in
those  levels  of  residential  services.  At  least sixty days prior to
taking any such action, the commissioner of  the  office  shall  provide
notice  of  such action to the speaker of the assembly and the temporary
president of the senate and shall  post  such  notice  upon  its  public
website.  Such  notice  may be provided at any time on or after the date
the office approves a plan authorizing a  social  services  district  to
implement  programs  for  juvenile  delinquents placed in the applicable
setting level. Such commissioner shall be authorized to conduct any  and
all  preparatory  actions  which  may  be  required  to  effectuate such
closures or significant service or staffing reductions and  transfer  of
operations  during  such  sixty  day  period. In assessing which of such
facilities to close, or at which to implement  any  significant  service
reductions, public employee staffing reductions and/or transfer of oper-
ations  to  a  private  or not-for-profit entity, the commissioner shall
consider the following factors: (1) ability to provide  a  safe,  humane
and  therapeutic  environment  for placed youth; (2) ability to meet the

S. 6356--A                         43                         A. 8556--A

educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote the social,  mental,  economic  and  behavioral  development  of
placed  youth; (4) future capacity requirements for the effective opera-
tion of youth facilities; (5) the physical  characteristics,  conditions
and  costs  of  operation  of  the facility; and (6) the location of the
facility in regards to costs and ease of transportation of placed  youth
and their families.
  S  2. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 7 of section  404  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 therewith pursuant to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  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 Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.
  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 L of this act shall be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6356--B                                            A. 8556--B

                      S E N A T E - A S S E M B L Y

                            January 21, 2014
                               ___________

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

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee  on  Ways  and  Means -- committee discharged, bill amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  again  reported from said committee with amendments, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence,  calculation  of the gap elimination restoration amount, appor-
  tionment of school aid, teachers of tomorrow teacher  recruitment  and
  retention  program,  school district reorganizations and real property
  tax rates, transportation after 4 p.m., to establish a teacher  excel-
  lence  fund, duties and waivers of school districts with children with
  handicapping conditions, to authorize the commissioner of education to
  establish regional tuition rates for approved special education  itin-
  erant services, to authorize reimbursement for approved special educa-
  tion  itinerant  services based on actual attendance, to authorize New
  York city to establish local tuition rates for approved special educa-
  tion itinerant services; to amend chapter 756  of  the  laws  of  1992
  relating  to  funding  a program for work force education conducted by
  the consortium for worker education in New York city, in  relation  to
  apportionment  and  reimbursement;  and  in  relation to extending the
  expiration of certain provisions; to amend chapter 169 of the laws  of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations,  aid to localities, capital projects and debt service budgets;
  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; to amend the
  education law, in relation to the definition of "school district basic
  contribution"; to amend chapter 147 of the laws of 2001  amending  the
  education  law relating to conditional appointment of school district,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12672-03-4

S. 6356--B                          2                         A. 8556--B

  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002 amending the education law relating to the provision  of  supple-
  mental  educational  services,  attendance at a safe public school and
  the  suspension  of pupils who bring a firearm to or possess a firearm
  at a school; to amend chapter 101 of the laws  of  2003  amending  the
  education  law  relating to implementation of the No Child Left Behind
  Act of 2001, in  relation  to  extending  the  expiration  of  certain
  provisions  of  such  chapters;  to  provide special apportionment for
  school bus driver training; to provide special apportionment for sala-
  ry expenses; to  provide  special  apportionment  for  public  pension
  accruals;  to  provide  special  apportionment for salary expenses; in
  relation to suballocation of certain education department accruals; in
  relation to the support of public libraries;  and  providing  for  the
  repeal of certain provisions upon expiration thereof (Part A); author-
  izing  the  creation  of  a  state  debt  in the amount of two billion
  dollars, in relation to creating the smart schools bond  act  of  2014
  for the purposes of funding capital projects to provide learning tech-
  nology  equipment  or  facilities,  enhanced internet connectivity for
  schools and communities, and  educational  facilities  to  accommodate
  pre-kindergarten  programs;  and  providing  for the submission to the
  people of a proposition or question therefor to be voted upon  at  the
  general  election  to be held in November, 2014 (Part B); to amend the
  education law and the state finance law, in relation to the  implemen-
  tation  of  the  smart schools bond act of 2014 (Part C); to amend the
  education law, in relation to the  nurse  practitioners  modernization
  act  (Part  D);  to  amend the education law and the executive law, in
  relation to harassment, bullying and discrimination in  schools  (Part
  E); to amend the executive law, in relation to unlawful discriminatory
  practices by educational institutions (Part F); to amend the education
  law,  in relation to creating the science, technology, engineering and
  mathematics incentive program (Part G); to amend  chapter  57  of  the
  laws  of  2005  amending the labor law and other laws implementing the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the
  New York state higher education capital  matching  grant  program  for
  independent  colleges, in relation to the New York state higher educa-
  tion matching grant program for independent colleges  and  the  effec-
  tiveness  thereof  (Part  H);  to  amend  the  social services law, in
  relation to increasing the standards of monthly need for  aged,  blind
  and  disabled  persons  living in the community (Part I); to amend the
  social services law, in relation  to  public  assistance  restrictions
  (Part J); to utilize reserves in the project pool insurance account of
  the  mortgage insurance fund for various housing purposes (Part K); to
  amend the education law, in relation to educational programs in  juve-
  nile  justice  programs  operated by the office of children and family
  services (Subpart A);  and  to  amend  the  social  services  law,  in
  relation  to  a  deadline for the close to home initiative (Subpart B)
  (Part L); and to amend the social services law, in relation to provid-
  ing a rent cap for people living  with  HIV/AIDS  in  social  services
  districts with a population over five million (Part M)

  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 2014-2015

S. 6356--B                          3                         A. 8556--B

state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through M. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--two  thousand  ten  school year in
conformity with the requirements of subparagraph (vi) of paragraph a  of
subdivision  two  of this section unless all schools in the district are
identified as in good standing  and  provided  further  that,  a  school
district  that  submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in  the  district
are  identified  as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph  (vi)  of  para-
graph  a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than  the  product  of  the  amount
approved  by the commissioner in the contract for excellence for the two
thousand  nine--two  thousand  ten  school  year,  multiplied   by   the
district's  gap  elimination  adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as  in  good  standing,  shall  submit  a
contract  for excellence for the two thousand twelve--two thousand thir-
teen school  year  which  shall,  notwithstanding  the  requirements  of
subparagraph  (vi)  of  paragraph  a of subdivision two of this section,
provide for the expenditure of an amount which shall be  not  less  than
the  amount  approved by the commissioner in the contract for excellence
for the  two  thousand  eleven--two  thousand  twelve  school  year  and
provided  further  that, a school district that submitted a contract for
excellence for the two thousand  twelve--two  thousand  thirteen  school
year,  unless  all  schools  in  the  district are identified as in good
standing, shall submit a contract for excellence for  the  two  thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the  requirements of subparagraph (vi) of paragraph a of subdivision two
of this section, provide for the expenditure of an amount which shall be
not less than the amount approved by the commissioner  in  the  contract
for excellence for the two thousand twelve--two thousand thirteen school
year  AND  PROVIDED  FURTHER  THAT,  A  SCHOOL DISTRICT THAT SUBMITTED A
CONTRACT FOR EXCELLENCE FOR  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED
AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE  TWO
THOUSAND   FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR  WHICH  SHALL,
NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (VI) OF PARAGRAPH A  OF

S. 6356--B                          4                         A. 8556--B

SUBDIVISION  TWO  OF  THIS  SECTION,  PROVIDE  FOR THE EXPENDITURE OF AN
AMOUNT WHICH SHALL BE NOT LESS THAN THE AMOUNT APPROVED BY  THE  COMMIS-
SIONER IN THE CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN SCHOOL YEAR.  For purposes of this paragraph, the "gap
elimination adjustment percentage" shall be calculated as the sum of one
minus  the  quotient  of the sum of the school district's net gap elimi-
nation adjustment for two thousand  ten--two  thousand  eleven  computed
pursuant  to chapter fifty-three of the laws of two thousand ten, making
appropriations for the support of government, plus the school district's
gap elimination adjustment for two thousand eleven--two thousand  twelve
as  computed pursuant to chapter fifty-three of the laws of two thousand
eleven, making appropriations for the support of  the  local  assistance
budget,  including  support  for  general  support  for  public schools,
divided by the total aid for adjustment  computed  pursuant  to  chapter
fifty-three  of  the  laws of two thousand eleven, making appropriations
for the local assistance budget, including support for  general  support
for  public  schools.  Provided,  further,  that  such  amount  shall be
expended to support  and  maintain  allowable  programs  and  activities
approved  in  the  two thousand nine--two thousand ten school year or to
support new or expanded allowable programs and activities in the current
year.
  S 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
law, as added by section 12 of part A of chapter 57 of the laws of 2013,
is amended and a new paragraph (g) is added to read as follows:
  (f)  The  gap  elimination  adjustment  restoration amount for the two
thousand fourteen--two thousand  fifteen  school  year  [and  thereafter
shall  equal  the  product  of  the  gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to  subdivision  eighteen of this section.] FOR A
SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
SIONER AND IN THE DATABASE  USED  BY  THE  COMMISSIONER  TO  PRODUCE  AN
UPDATED  ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  STATE
FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
  (I)  THE  PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY
THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO  PERCENT
(0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
SCHOOL  DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE HEADING
"2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
ENTITLED  "BT111-2"  MINUS  (B)  THE POSITIVE DIFFERENCE OF THE ABSOLUTE
VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "GAP  ELIMI-
NATION  ADJUSTMENT"  UNDER  THE  HEADING "2011-12 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (III) THE SUM OF (A) THE GREATER OF:
  (A)  THE  PRODUCT  OF  (1)  THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO
DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED
TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT  OF
THE  STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED  BY  (4)  THE  BASE  YEAR

S. 6356--B                          5                         A. 8556--B

PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B)  THE  PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS
($363.50) MULTIPLIED BY (1) THE POSITIVE  DIFFERENCE,  IF  ANY,  OF  ONE
MINUS  THE  PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI-
PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT ROUNDING MULTIPLIED BY (3) THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY,  OF  THE  BASE
YEAR  PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS  SECTION  MINUS  THE
PUBLIC  SCHOOL  DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE
BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT
HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY  (C)  THE  STATE  SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-
TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45)  AND  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT RESTORATION   ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  3.  Paragraph  a  of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is 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

S. 6356--B                          6                         A. 8556--B

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
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  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, 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 SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED

S. 6356--B                          7                         A. 8556--B

FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE  OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
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  COMMIS-
SIONER  IN  SUPPORT  OF  THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. 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 developed by the commissioner and approved by the
director of the budget.
  S 4. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  14 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, "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 appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  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  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision 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 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. For aid payable in the two thousand thirteen--two
thousand fourteen school year, reference to such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".  FOR AID PAYABLE IN THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND

S. 6356--B                          8                         A. 8556--B

FIFTEEN  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 THIR-
TY-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.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, 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 thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO

S. 6356--B                          9                         A. 8556--B

SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS  CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE  REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARDS  OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT-
ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT  DEFERRED
FOR  A  ONE-YEAR  PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER-
MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL
DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH  SHALL  NOT
EXCEED A TEN-YEAR PERIOD.  TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA-
TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING
A  PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR
TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE
HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS  PROVIDED  HEREIN.  IF  THE
BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES
NOT  APPROVE  SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY.
  2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH  PORTION
OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER:
  (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
TOOK EFFECT.
  (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT.
  (C) DIVIDE THE PRODUCT SO DETERMINED BY THE  STATE  EQUALIZATION  RATE
APPLICABLE  TO  THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED
SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE  TAX  RATE  FOR  THE
PORTION  FOR  THAT  SCHOOL  YEAR.  PROVIDED, THAT IF THE SUM OF THE REAL
PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING
THE ASSESSED VALUE TAX RATES  COMPUTED  PURSUANT  TO  THIS  SUBDIVISION,
WOULD  YIELD  A  REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL
REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET  FOR  THE
CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED
OR  INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY
TAX LEVY AMOUNT.
  3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE  DURATION  UP  TO  TEN
YEARS  SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES
OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR  EACH  PORTION  OF
THE  REORGANIZED  SCHOOL  DISTRICT  SHALL BE CALCULATED IN THE FOLLOWING
MANNER:
  (A) DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE  SCHOOL
YEAR  IMMEDIATELY  PRECEDING THE SCHOOL YEAR IN WHICH THE REORGANIZATION
TOOK EFFECT.
  (B) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE  SCHOOL  YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE RESULT IS
THE BASE FULL VALUE TAX RATE OF THE PORTION.
  (C) DETERMINE THE ASSESSED VALUE TAX RATE THAT WOULD HAVE  APPLIED  IN
THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION.
  (D)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE THAT WOULD HAVE APPLIED FOR THE CURRENT SCHOOL  YEAR  BUT  FOR  THE

S. 6356--B                         10                         A. 8556--B

PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE
FOR THE PORTION.
  (E)  DETERMINE  THE  DIFFERENCE BETWEEN THE TARGET FULL VALUE TAX RATE
AND THE BASE FULL VALUE TAX RATE FOR THE PORTION.
  (F) DIVIDE THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER  OF  YEARS
IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT.
  (G)  MULTIPLY  THE  QUOTIENT SO DETERMINED BY THE NUMBER OF YEARS FROM
THE BEGINNING OF THE PHASE-IN PERIOD UP TO AND INCLUDING  THE  YEAR  FOR
WHICH THE TAX RATE IS BEING DETERMINED.
  (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE.
  (I)  DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION RATE.
THE QUOTIENT IS THE ASSESSED VALUE TAX RATE  FOR  THE  PORTION  FOR  THE
CURRENT  SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY TAX
LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED
VALUE TAX RATES COMPUTED PURSUANT TO THIS  SUBDIVISION,  WOULD  YIELD  A
REAL  PROPERTY  TAX  LEVY THAT IS ABOVE OR BELOW THE TOTAL REAL PROPERTY
TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT  SCHOOL
YEAR,  THE  ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED OR INCREASED
PROPORTIONATELY SO AS TO YIELD THE  SPECIFIED  REAL  PROPERTY  TAX  LEVY
AMOUNT.
  4.  AS  USED HEREIN THE TERM "PORTION" MEANS THAT PART OF AN ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT.
  S 7. Section 3627 of the education law, as added by section 23 of part
A of chapter 57 of the laws of 2013, is amended to read as follows:
  S  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
provisions  of  this section to the contrary, for the two thousand thir-
teen--two thousand fourteen  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  school  [year]  YEARS, a city school district located in a city
having a population of one  million  or  more  providing  transportation
pursuant to this chapter shall be responsible for:
  (a)  providing  transportation for those children attending public and
nonpublic schools in grades kindergarten through six who remain  at  the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock  in the afternoon or later, on weekdays, and reside at least one
mile from their school of attendance for grades three through  six,  and
at  least  one-half  mile  from  their  school  of attendance for grades
kindergarten through two or
  (b) reimbursing the cost incurred by licensed transportation  carriers
pursuant  to contracts with such school district for providing transpor-
tation for those children attending  public  and  nonpublic  schools  in
grades  kindergarten through six who remain at the same school for which
they are enrolled for regularly scheduled academic  classes  from  half-
past  nine  o'clock  in the morning or earlier until four o'clock in the
afternoon or later, on weekdays, and reside at least one mile from their
school of attendance for grades three through six, and at least one-half
mile from their school of attendance  for  grades  kindergarten  through
two.
  2.  Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the  school  district  and  any
entity providing or contracting for such transportation service.
  3.  A  district  shall  not be deemed to have satisfied its obligation
under this section by providing public service transportation.
  4. Notwithstanding any other provision of law  to  the  contrary,  any
expenditures for transportation provided pursuant to this section in the
two  thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN-

S. 6356--B                         11                         A. 8556--B

-TWO THOUSAND FIFTEEN school [year] YEARS  and  otherwise  eligible  for
transportation  aid  pursuant to subdivision seven of section thirty-six
hundred two of this article shall be considered approved  transportation
expenses eligible for transportation aid, provided further that such aid
shall  be  limited  to  five  million  six hundred thousand dollars. And
provided further that such expenditures  eligible  for  aid  under  this
section shall supplement not supplant local expenditures for such trans-
portation in the two thousand twelve--two thousand thirteen school year.
  5.  Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required  to  incur  any  costs  in
excess  of the amount eligible for transportation aid pursuant to subdi-
vision four of this section. In the event such amount  is  insufficient,
the  city  school  district  of  New  York  shall provide transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
  6. The chancellor of such school district, in  consultation  with  the
commissioner,  shall prescribe the most cost effective system for imple-
menting the requirements of this section, taking into consideration: (a)
the costs associated with paragraphs (a) and (b) of subdivision  one  of
this  section,  and (b) policies that attempt to maximize student safety
for the student to be transported, which for purposes  of  this  section
shall include whether the pick up or drop off site of the transportation
is:
  (i) not further than 600 feet from the student's residence; and/or
  (ii)  at  the  same locations for any family that have children at the
same residence who attend two or more different schools.
  7. (a) In the event the chancellor  has  not  satisfied  a  district's
obligation  under  this  section,  a parent or guardian or any represen-
tative authorized by such parent or guardian  of  a  child  eligible  to
receive  transportation  under this section may request the commissioner
to arrange for the provision of the transportation  to  so  satisfy  the
requirements of this section.
  (b)  If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such  parent  or  guardian,
the  commissioner  determines  that  the  chancellor has not satisfied a
district's obligation under this section, then  the  commissioner  shall
immediately  direct the chancellor to contract with a licensed transpor-
tation carrier to provide the transportation required pursuant  to  this
section.
  (c)  In  the  event  the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the transpor-
tation required pursuant to this section, the chancellor  shall  provide
the  commissioner  with  a  copy  of  such  proposed contract, before it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
  (d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
  8. The parent or guardian, or any representative  authorized  by  such
parent  or  guardian,  may  submit  a written request for transportation
under this section, in the same manner and upon the same  dates  as  are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.

S. 6356--B                         12                         A. 8556--B

  S  8.  Section  3641  of  the education law is amended by adding a new
subdivision 6-c to read as follows:
  6-C.  TEACHER  EXCELLENCE FUND.  A. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, SUBJECT TO  A  REQUEST  FOR  PROPOSALS  DEVELOPED  BY  THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE COMMISSION-
ER  SHALL AWARD TEACHER EXCELLENCE FUND GRANTS PURSUANT TO THIS SUBDIVI-
SION TO ELIGIBLE SCHOOL DISTRICTS, BEGINNING IN THE TWO  THOUSAND  FOUR-
TEEN--TWO  THOUSAND  FIFTEEN  SCHOOL YEAR, TO PROVIDE TEACHER EXCELLENCE
FUND PERFORMANCE AWARDS TO HIGHLY EFFECTIVE TEACHERS.
  (1) TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL BE  ALLOCATED  IN
AN  ANNUAL  AMOUNT OF UP TO TWENTY THOUSAND DOLLARS TO ELIGIBLE TEACHERS
RATED AS "HIGHLY EFFECTIVE" BASED ON THE MOST RECENT ANNUAL PROFESSIONAL
PERFORMANCE REVIEW, IN ACCORDANCE WITH THE REQUIREMENTS OF SECTION THREE
THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS OF THE COMMISSIONER.
  (2) ON AN ANNUAL BASIS, ELIGIBLE SCHOOL DISTRICTS MAY SUBMIT AN APPLI-
CATION TO THE COMMISSIONER, IN A  FORM  AND  MANNER  PRESCRIBED  BY  THE
COMMISSIONER, TO REQUEST FUNDING PURSUANT TO THIS SUBDIVISION.
  (3)  THE  COMMISSIONER  SHALL  MAKE  AVAILABLE  SUCH APPLICATION ON OR
BEFORE MAY FIFTEENTH OF THE PRECEDING SCHOOL YEAR AND  THE  COMMISSIONER
SHALL  ISSUE  PRELIMINARY  TEACHER  EXCELLENCE  FUND  GRANT AWARDS ON OR
BEFORE OCTOBER FIFTEENTH OF THE SCHOOL YEAR IN WHICH THE ELIGIBLE TEACH-
ER SHALL RECEIVE A TEACHER EXCELLENCE FUND PERFORMANCE AWARD.
  (4) APPLICATIONS SUBMITTED BY ELIGIBLE SCHOOL DISTRICTS SHALL  INCLUDE
INFORMATION  REQUIRED BY THE COMMISSIONER INCLUDING, BUT NOT LIMITED TO,
THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PLAN IS INTENDED TO  RECOGNIZE
AND  REWARD  HIGHLY-EFFECTIVE TEACHERS: (I) IN SCHOOL BUILDINGS WITH THE
GREATEST ACADEMIC NEED; (II) IN DIFFICULT-TO-STAFF  SUBJECT  OR  CERTIF-
ICATION  AREAS  AND/OR  GRADE  LEVELS; AND (III) AT CRITICAL POINTS IN A
TEACHER'S CAREER IN ORDER TO  ENCOURAGE  HIGHLY  EFFECTIVE  TEACHERS  TO
REMAIN IN THE CLASSROOM.
  (5) THE COMMISSIONER SHALL PRIORITIZE APPLICATIONS SUBMITTED BY ELIGI-
BLE SCHOOL DISTRICTS BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO, THE
FACTORS DESCRIBED IN SUBPARAGRAPH FOUR OF THIS PARAGRAPH AND THE QUALITY
OF THE PROPOSAL.
  (6)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
TEACHER EXCELLENCE FUND PERFORMANCE AWARDS PROVIDED BY THIS  SUBDIVISION
SHALL  BE  IN ADDITION TO, AND SHALL NOT BE CONSIDERED PART OF, A TEACH-
ER'S BASIC ANNUAL SALARY, AND SHALL NOT BE INCLUDED AS COMPENSATION  FOR
RETIREMENT  PURPOSES.   TEACHER EXCELLENCE FUND PERFORMANCE AWARDS SHALL
SUPPLEMENT AND SHALL NOT SUPPLANT COMPENSATION FROM SOURCES EXCLUSIVE OF
THIS SUBDIVISION AGREED TO AS PART OF A COLLECTIVE BARGAINING AGREEMENT.
  B. FOR THE PURPOSE OF THIS SUBDIVISION:
  (1) THE TERM "ELIGIBLE SCHOOL DISTRICT" SHALL  MEAN  A  COMMON,  UNION
FREE, CENTRAL, CENTRAL HIGH SCHOOL, CITY, OR SPECIAL ACT SCHOOL DISTRICT
THAT HAS ENTERED INTO AN AGREEMENT WITH THE COLLECTIVE BARGAINING REPRE-
SENTATIVES  OF  CERTIFIED TEACHERS CONSISTENT WITH THE PROVISIONS OF THE
APPLICATION SUBMITTED BY THE SCHOOL DISTRICT PURSUANT TO PARAGRAPH A  OF
THIS SUBDIVISION.
  (2)  THE TERM "ELIGIBLE TEACHER" SHALL MEAN A TEACHER WHO (I) HOLDS AN
INITIAL, PROVISIONAL,  TRANSITIONAL,  PERMANENT  OR  PROFESSIONAL  STATE
TEACHING  CERTIFICATE  APPROPRIATE  TO THE TEACHING POSITIONS, INCLUDING
THE SUBJECT AREA IF APPLICABLE, IN WHICH HE OR SHE IS EMPLOYED; (II)  IS
A  CLASSROOM  TEACHER  SUBJECT  TO  THE  ANNUAL PROFESSIONAL PERFORMANCE
REVIEW REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS  CHAPTER;
AND  (III)  IS  RATED "HIGHLY EFFECTIVE" BASED ON HIS OR HER MOST RECENT
ANNUAL PROFESSIONAL PERFORMANCE REVIEW, IN ACCORDANCE WITH THE  REQUIRE-

S. 6356--B                         13                         A. 8556--B

MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS
OF THE COMMISSIONER.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section  21  of  part A of chapter 57 of the laws of 2013, 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 [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations 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 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.

S. 6356--B                         14                         A. 8556--B

  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS
IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED  TWO  OR
SECTION  FORTY-FOUR  HUNDRED  THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN  INNOVATIVE
SPECIAL  EDUCATION  PROGRAM  THAT  IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR  OPPORTUNITIES
FOR  PLACEMENT  IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY  COMMENTS  RECEIVED  BY  THE
LOCAL  SCHOOL  DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4. ANY LOCAL SCHOOL DISTRICT, APPROVED  PRIVATE  SCHOOL  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM  NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
  S 11. Subparagraph (i) of paragraph a of  subdivision  10  of  section
4410 of the education law, as amended by chapter 82 of the laws of 1995,
is amended and a new subparagraph (iv) is added to read as follows:
  (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
year,  the  commissioner  shall  annually determine the tuition rate for
approved services or programs provided to preschool children pursuant to
this section. Such rates for providers of  such  services  and  programs
shall be determined in conformance with a methodology established pursu-
ant to subdivision four of section forty-four hundred five of this arti-
cle after consultation with and a review of an annual report prepared by
the  advisory  committee established pursuant to paragraph a of subdivi-
sion twelve of this section and shall be subject to the approval of  the
director of the budget. Notwithstanding any other provision of law, rule
or  regulation  to the contrary, tuition rates established for the nine-
teen hundred ninety-five--ninety-six school year shall exclude  the  two
percent  cost  of  living adjustment authorized in rates established for
the nineteen hundred ninety-four--ninety-five school year.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND  THEREAFTER,  THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF THE BUDGET,  SHALL  ESTABLISH  REGIONAL  TUITION  RATES  FOR
SPECIAL  EDUCATION  ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN
ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR

S. 6356--B                         15                         A. 8556--B

OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB-
LISH LOCAL  TUITION  RATES  FOR  APPROVED  SPECIAL  EDUCATION  ITINERANT
SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED BY THE DIRECTOR OF THE BUDGET  PURSUANT  TO  SUBPARAGRAPHS  (I)
THROUGH  (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE OF
THIS ARTICLE. THE LOCAL TUITION RATES SO ESTABLISHED SHALL  BE  USED  IN
THE  CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION ITINERANT
SERVICES WITHIN THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING  ANY  OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE  FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL EDUCA-
TION ITINERANT PROGRAM PROVIDER  THROUGH  THE  COMPETITIVE  REQUEST  FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED  EDUCATION  PROGRAM OF THE PRESCHOOL CHILD. PROVIDED, HOWEVER, THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
SAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW  YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S  12.  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
27 of part A of chapter 57 of the laws of 2013, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2010--2011 school year shall not exceed  62.6
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and five cents per contact hour, reimbursement]  for  the
2011--2012  school  year  shall not exceed 62.9 percent of the lesser of
such approvable costs per contact hour or  twelve  dollars  and  fifteen
cents  per  contact  hour,  reimbursement for the 2012--2013 school year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact hour or twelve dollars and thirty-five cents per  contact  hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and sixty-five cents per contact hour, AND  REIMBURSEMENT
FOR  THE  2014--2015  SCHOOL  YEAR  SHALL NOT EXCEED 61.6 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR  EIGHT  DOLLARS  AND
THREE  CENTS  PER  CONTACT  HOUR  where  a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five thousand one hundred ninety-eight (1,525,198) hours;  where-
as]  for  the 2011--2012 school year such contact hours shall not exceed
one million seven hundred one thousand five hundred seventy  (1,701,570)
hours;  whereas  for the 2012--2013 school year such contact hours shall
not exceed one million six  hundred  sixty-four  thousand  five  hundred
thirty-two  (1,664,532)  hours;  whereas  for the 2013--2014 school year

S. 6356--B                         16                         A. 8556--B

such contact hours shall not exceed one million six  hundred  forty-nine
thousand  seven  hundred  forty-six  (1,649,746)  hours; WHEREAS FOR THE
2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
FOUR  HUNDRED  THIRTY-TWO  THOUSAND  ONE HUNDRED TWENTY-NINE (1,432,129)
HOURS.  Notwithstanding any other provision of law to the contrary,  the
apportionment 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 eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S 13. 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 s to read as follows:
  S.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2014--2015 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  14. 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 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2014] 2015.
  S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016.
  S 16. 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 31 of part A of chapter 57
of the laws of 2013, 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

S. 6356--B                         17                         A. 8556--B

thirteen of this act shall remain in full force and effect until July 1,
[2014] 2015 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] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;
  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8. "School district basic contribution" shall mean an amount equal  to
the  total  school district local property and non-property tax levy for
the base year divided by the base year public school district enrollment
of resident pupils of the school district as defined in paragraph  n  of
subdivision  one  of  section  thirty-six  hundred  two of this chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for  school
districts other than central high school districts and their components,
such  tax  levy  for the base year shall be divided by the year prior to
the base year pupil count as determined by the commissioner pursuant  to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter  for  any  school  district in which such year prior to the base
year pupil count exceeds one hundred fifty percent  of  such  base  year
public school district enrollment of resident pupils.
  S  18.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, 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, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S 19. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the provisions of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 33 of part A of chapter 57 of the laws  of  2013,  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, [2014] 2015.
  S 20. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, 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, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, 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 school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-

S. 6356--B                         18                         A. 8556--B

tronic 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, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years each school district shall be eligible for a maximum  grant  equal
to  the  greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, 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 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2014--2015 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. 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,  2015  and not later than the last day of the third full
business week of June, 2015, 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, 2015, for salary expenses incurred between April  1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a

S. 6356--B                         19                         A. 8556--B

population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such  apportionment  shall  not
exceed  such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city  with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
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 24. 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, 2015, 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, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be

S. 6356--B                         20                         A. 8556--B

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 reminder 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 25. 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 office of  prekindergarten  through  grade
twelve education programs.

S. 6356--B                         21                         A. 8556--B

  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total
foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
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  thousand  dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
city  school  district,  two  million  dollars  ($2,000,000); to the New
Rochelle city school district, one million  four  hundred  ten  thousand
dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one  hundred  fifty  thousand  dollars
($1,150,000);  to  the  White  Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school  district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding  the
provisions of this section, a school district receiving a grant pursuant
to  this  section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  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 commissioner. For the purpose of attendance
improvement and dropout prevention for the 2014--2015 school  year,  for
any  city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention

S. 6356--B                         22                         A. 8556--B

shall  equal  the  amount set aside in the base year. For the 2014--2015
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.  For  the
purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion 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  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  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 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this 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 2014--2015
by a chapter of the laws of 2014 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 29. 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

S. 6356--B                         23                         A. 8556--B

adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other
person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  30.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2014, provided,
however, that:
  1. Sections one, two, three, four, five, seven,  nine,  twelve,  thir-
teen,  seventeen,  twenty-two,  twenty-six  and twenty-seven of this act
shall take effect July 1, 2014.
  2. The amendments to subdivision 6 of section 4402  of  the  education
law made by section nine of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
  3.  Section  eleven  of  this  act shall take effect April 1, 2014 and
shall first apply to the provision of services and programs pursuant  to
section 4410 of the education law in the 2014-2015 school year, provided
that  the  provisions of subparagraph (iv) of paragraph a of subdivision
10 of section 4410 of the education law, as added  by  such  section  of
this act, shall expire and be deemed repealed June 30, 2019.
  4.  The  amendments  to  chapter  756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city, made by sections twelve and  thirteen
of  this  act  shall  not affect the repeal of such chapter and shall be
deemed repealed therewith.
  5. Section sixteen of this act shall take effect immediately and shall
be deemed to have been in full force and effect on and after the  effec-
tive date of section 140 of chapter 82 of the laws of 1995.
  6. Section twenty-five of this act shall expire and be deemed repealed
June 30, 2015.

                                 PART B

  Section  1.  The  smart schools bond act of 2014 is enacted to read as
follows:

                     SMART SCHOOLS BOND ACT OF 2014

Section 1. Short title.
        2. Creation of a state debt.
        3. Bonds of the state.
        4. Use of moneys received.
Section 1. Short title. This act shall be known and may be cited as  the
"smart schools bond act of 2014".
  S  2.  Creation  of  a  state debt. The creation of a state debt in an
amount  not   exceeding   in   the   aggregate   two   billion   dollars
($2,000,000,000)  is  hereby authorized to provide moneys for the single
purpose of improving learning and opportunity for public school students
of the state by funding capital projects to: acquire learning technology
equipment or facilities  including,  but  not  limited  to,  interactive
whiteboards, computer servers, and desktop, laptop and tablet computers;
install  high-speed  broadband  or  wireless  internet  connectivity for
schools and communities; and construct, enhance,  and  modernize  educa-

S. 6356--B                         24                         A. 8556--B

tional facilities to accommodate pre-kindergarten programs. The legisla-
ture  may,  by appropriate legislation and subject to such conditions as
it may impose, make available out of the proceeds of the sale  of  bonds
authorized in this act, moneys disbursed or to be disbursed for the cost
of  approved  capital  projects  undertaken  by, or on behalf of, school
districts for such purposes.
  S 3. Bonds of the state. The state comptroller  is  hereby  authorized
and  empowered  to issue and sell bonds of the state up to the aggregate
amount of two billion dollars ($2,000,000,000) for the purposes of  this
act, subject to the provisions of article five of the state finance law.
The  aggregate  principal  amount  of  such  bonds  shall not exceed two
billion dollars ($2,000,000,000) excluding bonds  issued  to  refund  or
otherwise  repay  bonds  heretofore  issued  for such purpose; provided,
however, that upon any such refunding or repayment, the total  aggregate
principal  amount  of  outstanding bonds may be greater than two billion
dollars ($2,000,000,000) only if the present value of the aggregate debt
service of the refunding or repayment  bonds  to  be  issued  shall  not
exceed  the  present value of the aggregate debt service of the bonds to
be refunded or repaid. The method for calculating present value shall be
determined by law.
  S 4. Use of moneys received. The moneys received by the state from the
sale of bonds sold pursuant to this act shall be  expended  pursuant  to
appropriations  for  capital  projects related to design, planning, site
acquisition, demolition, construction,  reconstruction,  rehabilitation,
or  acquisition and/or installation of equipment for the following types
of projects: capital projects related to educational  technology  equip-
ment or facilities including but not limited to interactive whiteboards;
computer  servers; desktop and laptop computers, and tablets; high-speed
broadband or wireless internet connectivity for schools and communities;
and capital projects to  construct,  enhance  or  modernize  educational
facilities to accommodate pre-kindergarten programs.
  S  2.  This  act  shall  take  effect  immediately,  provided that the
provisions of section one of this act shall not take effect  unless  and
until  this  act  shall have been submitted to the people at the general
election to be held in November 2014 and shall have been approved  by  a
majority  of  all  votes  cast for and against it at such election. Upon
approval by the people, section one of this act shall take effect  imme-
diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
submission of this act shall be in the form prescribed by  the  election
law  and  the  proposition  or question to be submitted shall be printed
thereon in substantially the following form, namely "The  SMART  SCHOOLS
BOND ACT OF 2014, as set forth in section one of part B of chapter (here
insert  the  chapter number) of the laws of 2014, authorizes the sale of
state bonds of up to two billion  dollars  ($2,000,000,000)  to  provide
access  to  classroom technology and high-speed internet connectivity to
equalize opportunities for children to learn and to add classroom  space
to  expand  high-quality  pre-kindergarten  programs.  Shall  the  SMART
SCHOOLS BOND ACT OF 2014 be approved?".

                                 PART C

  Section 1. This act shall be known and may  be  cited  as  the  "smart
schools implementation act of 2014".
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 16 to read as follows:

S. 6356--B                         25                         A. 8556--B

  16. IMPLEMENTATION OF THE SMART SCHOOLS BOND ACT OF 2014.  A.    DEFI-
NITIONS.  THE  FOLLOWING  TERMS,  WHENEVER  USED  OR REFERRED TO IN THIS
SUBDIVISION, UNLESS THE CONTEXT  INDICATES  OTHERWISE,  SHALL  HAVE  THE
FOLLOWING MEANINGS:
  (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
"SMART  SCHOOLS  BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII OF THE
NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.
  (2) "SMART SCHOOLS REVIEW BOARD" SHALL MEAN A BODY  COMPRISED  OF  THE
CHANCELLOR  OF  THE  STATE  UNIVERSITY  OF NEW YORK, THE DIRECTOR OF THE
BUDGET, AND THE COMMISSIONER, OR THEIR RESPECTIVE DESIGNEES.
  (3) "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED  BY
A SCHOOL DISTRICT SETTING FORTH THE SMART SCHOOLS PROJECT OR PROJECTS TO
BE UNDERTAKEN WITH SUCH DISTRICT'S SMART SCHOOLS ALLOCATION.
  (4)  "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH
AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH.
  (5) "PRE-KINDERGARTEN PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH,  AS
A  PRIMARY PURPOSE, EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE
INSTRUCTIONAL SPACE FOR PRE-KINDERGARTEN.
  (6) "COMMUNITY CONNECTIVITY PROJECT"  SHALL  MEAN  A  CAPITAL  PROJECT
WHICH,  AS  A  PRIMARY PURPOSE, EXPANDS HIGH-SPEED BROADBAND OR WIRELESS
INTERNET CONNECTIVITY IN THE LOCAL COMMUNITY, INCLUDING SCHOOL BUILDINGS
AND CAMPUSES, FOR ENHANCED EDUCATIONAL OPPORTUNITY IN THE STATE.
  (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN  A  CAPITAL  PROJECT  TO
EXPAND HIGH-SPEED BROADBAND OR WIRELESS INTERNET CONNECTIVITY SOLELY FOR
SCHOOL  BUILDINGS  AND CAMPUSES, OR TO ACQUIRE LEARNING TECHNOLOGY HARD-
WARE FOR SCHOOLS, CLASSROOMS, AND STUDENT USE, INCLUDING BUT NOT LIMITED
TO WHITEBOARDS, COMPUTER SERVERS, DESKTOP COMPUTERS,  LAPTOP  COMPUTERS,
AND TABLET COMPUTERS.
  (8)  "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH
AS  "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",   "SPECIAL
SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID",  AND  "SUPPLEMENTAL  PUB  EXCESS
COST"  UNDER  THE  HEADING  "2013-14  BASE  YEAR AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR.
  (9)  "SMART  SCHOOLS ALLOCATION" SHALL MEAN, FOR EACH SCHOOL DISTRICT,
THE PRODUCT OF (I) TWO BILLION DOLLARS  ($2,000,000,000)  MULTIPLIED  BY
(II)  THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL AID DIVIDED
BY THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS.
  B. SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW  BOARD
SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
CRITERIA  FOR  SMART  SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY SCHOOL
DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED TO:   (I)  A
TIMELINE  FOR  SCHOOL  DISTRICT  SUBMISSION  OF SMART SCHOOLS INVESTMENT
PLANS; (II) ANY REQUIREMENTS FOR THE USE OF AVAILABLE STATE  PROCUREMENT
OPTIONS  WHERE  APPLICABLE; AND (III) ANY LIMITATIONS ON THE AMOUNT OF A
DISTRICT'S SMART SCHOOLS ALLOCATION THAT MAY BE USED FOR ASSETS  WITH  A
SHORT PROBABLE LIFE.
  (2)  NO  SCHOOL  DISTRICT  SHALL  BE ENTITLED TO A SMART SCHOOLS GRANT
UNTIL SUCH DISTRICT SHALL HAVE SUBMITTED A SMART SCHOOLS INVESTMENT PLAN
TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED SUCH BOARD'S APPROVAL  OF
SUCH  INVESTMENT  PLAN.  IN  DEVELOPING  SUCH  INVESTMENT  PLAN,  SCHOOL
DISTRICTS SHALL CONSULT  WITH  PARENTS,  TEACHERS,  STUDENTS,  COMMUNITY
MEMBERS AND OTHER STAKEHOLDERS.

S. 6356--B                         26                         A. 8556--B

  (3)  THE  SMART  SCHOOLS  REVIEW  BOARD SHALL REVIEW ALL SMART SCHOOLS
INVESTMENT PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND  OTHER
REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD
MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE SCHOOL
DISTRICT  FOR MODIFICATIONS. UPON APPROVAL, THE SMART SCHOOLS PROJECT OR
PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL BE  ELIGIBLE  FOR  SMART
SCHOOLS  GRANTS. A SMART SCHOOLS PROJECT INCLUDED IN A SCHOOL DISTRICT'S
SMART SCHOOLS INVESTMENT PLAN SHALL NOT REQUIRE SEPARATE APPROVAL OF THE
COMMISSIONER UNLESS IT IS PART OF A SCHOOL CONSTRUCTION PROJECT REQUIRED
TO BE SUBMITTED FOR APPROVAL OF THE  COMMISSIONER  PURSUANT  TO  SECTION
FOUR  HUNDRED  EIGHT  OF  THIS CHAPTER AND/OR SUBDIVISION SIX OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. ANY DEPARTMENT, AGENCY OR PUBLIC
AUTHORITY SHALL PROVIDE THE SMART SCHOOLS REVIEW BOARD WITH ANY INFORMA-
TION IT REQUIRES TO FULFILL ITS DUTIES PURSUANT TO THIS SUBDIVISION.
  (4) ANY AMENDMENTS OR SUPPLEMENTS TO A SMART  SCHOOL  INVESTMENT  PLAN
MUST  BE  SUBMITTED  TO THE SMART SCHOOLS REVIEW BOARD FOR APPROVAL, AND
SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
  C. EXPENDITURE  OF  MONEY.  (1)  SMART  SCHOOLS  GRANTS.  EACH  SCHOOL
DISTRICT WHICH HAS AN APPROVED SMART SCHOOLS INVESTMENT PLAN INCLUDING A
SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTITLED TO A GRANT OR GRANTS
FOR THE SMART SCHOOLS PROJECT OR PROJECTS INCLUDED THEREIN IN AN AMOUNT,
WHETHER  IN  THE AGGREGATE OR OTHERWISE, NOT TO EXCEED THE SMART SCHOOLS
ALLOCATION CALCULATED FOR SUCH SCHOOL DISTRICT. THE AMOUNT OF SUCH ALLO-
CATION NOT EXPENDED, DISBURSED OR ENCUMBERED FOR ANY SCHOOL  YEAR  SHALL
BE  CARRIED OVER FOR EXPENDITURE AND DISBURSEMENT TO THE NEXT SUCCEEDING
SCHOOL YEAR. EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE
ELIGIBLE FOR AID UNDER ANY OTHER PROVISION OF THIS CHAPTER.
  (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
SCHOOL  DISTRICTS  SHALL  BE CERTIFIED BY THE COMMISSIONER IN ACCORDANCE
WITH THIS SUBDIVISION. IF, UPON THE OPTION OF A SCHOOL DISTRICT, A SMART
SCHOOLS INVESTMENT PLAN DIRECTS THAT AN AMOUNT BE TRANSFERRED OR  SUBAL-
LOCATED  TO  A  DEPARTMENT,  AGENCY,  OR PUBLIC AUTHORITY TO BE SPENT ON
BEHALF OF THE SCHOOL DISTRICT, SUCH  AMOUNTS  SHALL  BE  TRANSFERRED  OR
SUBALLOCATED, CONSISTENT WITH SUCH PLAN, UPON THE APPROVAL OF THE DIREC-
TOR  OF  THE BUDGET. THE AMOUNTS OF MONEY SO CERTIFIED OR MADE AVAILABLE
SHALL BE PAID BY  THE  COMPTROLLER  IN  ACCORDANCE  WITH  APPROPRIATIONS
THEREFOR,  PROVIDED,  HOWEVER,  THAT  THE  PAYMENT SCHEDULE SET FORTH IN
SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO SUCH  PAYMENTS.  SUCH
PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR THE COMMISSIONER TO
APPORTION  FUNDS  PURSUANT  TO  THIS  SUBDIVISION, AND WHENEVER A SCHOOL
DISTRICT HAS BEEN APPORTIONED MORE MONEY PURSUANT  TO  THIS  SUBDIVISION
THAN  THAT  TO  WHICH  IT  IS ENTITLED, THE COMMISSIONER MAY DEDUCT SUCH
AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL DISTRICT.
  D. CONSISTENCY WITH FEDERAL TAX LAW. ALL  ACTIONS  TAKEN  PURSUANT  TO
THIS  SUBDIVISION  SHALL  BE REVIEWED FOR CONSISTENCY WITH PROVISIONS OF
THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
ANCE WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF  ANY
TAX  EXEMPT  BONDS  PURSUANT  TO  THIS  SUBDIVISION, TO PRESERVE THE TAX
EXEMPT STATUS OF SUCH BONDS.
  E. COMPLIANCE WITH OTHER LAW. EVERY RECIPIENT  OF  FUNDS  TO  BE  MADE
AVAILABLE  PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
  S 3. The state finance law is amended by adding a new section  97-oooo
to read as follows:
  S  97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-

S. 6356--B                         27                         A. 8556--B

TION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART  SCHOOLS  BOND
FUND".
  2.  THE  STATE  COMPTROLLER  SHALL DEPOSIT INTO THE SMART SCHOOLS BOND
FUND ALL MONEYS RECEIVED BY THE STATE FROM  THE  SALE  OF  BONDS  AND/OR
NOTES  FOR  USES  ELIGIBLE PURSUANT TO SECTION FOUR OF THE SMART SCHOOLS
BOND ACT OF 2014.
  3. MONEYS IN THE SMART SCHOOLS BOND FUND, FOLLOWING  APPROPRIATION  BY
THE  LEGISLATURE  AND ALLOCATION BY THE DIRECTOR OF THE BUDGET, SHALL BE
AVAILABLE ONLY FOR REIMBURSEMENT OF  EXPENDITURES  MADE  FROM  APPROPRI-
ATIONS  FROM  THE  CAPITAL  PROJECTS  FUND  FOR THE PURPOSE OF THE SMART
SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014.
  4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD PURSUANT TO THE SMART SCHOOLS BOND ACT OF 2014  SHALL  BE  EXPENDED
FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF
APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
  S  4.  Section  61 of the state finance law is amended by adding a new
subdivision 31 to read as follows:
                          SMART SCHOOLS PROJECTS
  31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
BUT NOT LIMITED TO  PRE-KINDERGARTEN  PROJECTS,  COMMUNITY  CONNECTIVITY
PROJECTS,  AND CLASSROOM TECHNOLOGY PROJECTS, ALL AS DEFINED IN SUBDIVI-
SION SIXTEEN OF SECTION THIRTY-SIX HUNDRED FORTY-ONE  OF  THE  EDUCATION
LAW  AND  UNDERTAKEN  PURSUANT  TO A CHAPTER OF THE LAWS OF TWO THOUSAND
FOURTEEN, ENACTING AND CONSTITUTING THE SMART SCHOOLS BOND ACT OF  2014.
THIRTY  YEARS  FOR PRE-KINDERGARTEN PROJECTS, TWENTY YEARS FOR COMMUNITY
CONNECTIVITY  PROJECTS,  AND  EIGHT  YEARS  FOR   CLASSROOM   TECHNOLOGY
PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING
ANNUAL  DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
AGE  PERIOD  OF  PROBABLE LIFE OF SUCH SMART SCHOOLS PROJECTS, INCLUDING
WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT-
ED AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING  THE
SUM  OF  THE  PRODUCTS  DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE
PORTION OF THE DEBT CONTRACTED FOR EACH WORK OR  PURPOSE  (OR  CLASS  OF
WORKS  OR  PURPOSES)  BY  THE  PROBABLE LIFE OF SUCH WORK OR PURPOSE (OR
CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR
VALUE OF THE ENTIRE DEBT AFTER TAKING INTO  CONSIDERATION  ANY  ORIGINAL
ISSUE PREMIUM OR DISCOUNT.
  S  5.  If any clause, sentence, paragraph, 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 ther-
eof,  but  shall  be  confined in its operation to the clause, sentence,
paragraph, section or part thereof directly involved in the  controversy
in which such judgment shall have been rendered.
  S  6.  This  act shall take effect only in the event that section 1 of
part B of a chapter of the laws of 2014,  enacting  the  "smart  schools
bond act of 2014," is submitted to the people at the general election to
be held in November 2014 and is approved by a majority of all votes cast
for  and against it at such election. Upon such approval, this act shall
take effect immediately. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of the foregoing sections of this act are authorized and directed to  be
made and completed on or before such effective date.

                                 PART D

S. 6356--B                         28                         A. 8556--B

  Section  1.  Short  title. This act shall be known and may be cited as
the "nurse practitioners modernization act".
  S  2.  Subdivision 3 of section 6902 of the education law, as added by
chapter 257 of the laws of 1988, is amended to read as follows:
  3. (a) (I) The practice of registered professional nursing by a  nurse
practitioner,  certified  under section six thousand nine hundred ten of
this article, may include the diagnosis of illness and  physical  condi-
tions  and the performance of therapeutic and corrective measures within
a specialty area of practice, in collaboration with a licensed physician
qualified to  collaborate  in  the  specialty  involved,  provided  such
services  are  performed in accordance with a written practice agreement
and written practice protocols EXCEPT AS PERMITTED BY PARAGRAPH  (B)  OF
THIS SUBDIVISION.  The written practice agreement shall include explicit
provisions  for  the  resolution of any disagreement between the collab-
orating physician and the nurse practitioner regarding a matter of diag-
nosis or treatment that is within the scope of practice of both. To  the
extent  the practice agreement does not so provide, then the collaborat-
ing physician's diagnosis or treatment shall prevail.
  [(b)] (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN  PRACTICE  AGREE-
MENT  WITH  A  COLLABORATING  PHYSICIAN  TERMINATES  AS A RESULT OF: THE
COLLABORATING PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES
OF THE NURSE PRACTITIONER, NO LONGER BEING QUALIFIED TO PRACTICE; OR THE
WRITTEN PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON  THE  PART  OF
THE NURSE PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT
HE OR SHE HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRAC-
TICE  AGREEMENT WITH A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO
SO, THEN UPON APPROVAL BY THE DEPARTMENT, SUCH  NURSE  PRACTITIONER  MAY
CONTINUE  TO PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA
OF PRACTICE FOR A PERIOD OF UP TO SIX MONTHS, IN  COLLABORATION  WITH  A
NURSE  PRACTITIONER  WHO  HAS  BEEN CERTIFIED UNDER SECTION SIX THOUSAND
NINE HUNDRED TEN OF THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE  THAN
THREE  THOUSAND SIX HUNDRED HOURS AND WHO IS QUALIFIED TO COLLABORATE IN
THE SPECIALTY INVOLVED, PROVIDED THAT SERVICES ARE PERFORMED IN  ACCORD-
ANCE  WITH  A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS;
SUCH SIX MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS
MAY BE EXTENDED FOR A PERIOD OF TIME NOT TO  EXCEED  AN  ADDITIONAL  SIX
MONTHS  UPON  A  SHOWING  OF  GOOD  CAUSE SUBJECT TO THE APPROVAL OF THE
DEPARTMENT.
  (III) Prescriptions for drugs, devices and immunizing  agents  may  be
issued  by  a nurse practitioner, under this [subdivision] PARAGRAPH and
section six thousand nine hundred ten of  this  article,  in  accordance
with  the  practice agreement and practice protocols EXCEPT AS PERMITTED
BY PARAGRAPH (B) OF THIS SUBDIVISION.    The  nurse  practitioner  shall
obtain  a certificate from the department upon successfully completing a
program including an appropriate pharmacology component, or  its  equiv-
alent,  as  established  by  the  commissioner's  regulations,  prior to
prescribing under this [subdivision] PARAGRAPH.  The certificate  issued
under  section six thousand nine hundred ten of this article shall state
whether the nurse practitioner has successfully completed such a program
or equivalent and is authorized to prescribe  under  this  [subdivision]
PARAGRAPH.
  [(c)]  (IV)  Each practice agreement shall provide for patient records
review by the collaborating physician OR, WHERE APPLICABLE, THE  COLLAB-
ORATING  NURSE  PRACTITIONER,  in  a timely fashion but in no event less
often than every three months. The names of the nurse  practitioner  and
the  collaborating  physician  OR,  WHERE  APPLICABLE, THE COLLABORATING

S. 6356--B                         29                         A. 8556--B

NURSE PRACTITIONER shall be clearly posted in the  practice  setting  of
the nurse practitioner.
  [(d)] (V) The practice protocol shall reflect current accepted medical
and  nursing  practice, OR FOR COLLABORATIONS WITH ANOTHER NURSE PRACTI-
TIONER PURSUANT TO SUBPARAGRAPH (II)  OF  THIS  PARAGRAPH,  THE  CURRENT
ACCEPTED  NURSING  PRACTICE.    The  protocols  shall  be filed with the
department within ninety days of the commencement of  the  practice  and
may  be  updated  periodically.  The commissioner shall make regulations
establishing the procedure for the review of protocols and the  disposi-
tion of any issues arising from such review.
  [(e)]  (VI)  No  physician  OR,  WHERE APPLICABLE, NURSE PRACTITIONER,
shall enter into practice agreements with more than four  nurse  practi-
tioners who are not located on the same physical premises as the collab-
orating physician OR COLLABORATING NURSE PRACTITIONER.
  [(f)]  (B)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED  UNDER  SECTION  SIXTY-NINE
HUNDRED  TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE THOUSAND
SIX HUNDRED HOURS MAY COMPLY WITH THIS PARAGRAPH IN  LIEU  OF  COMPLYING
WITH  THE  REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION RELATING TO
COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN
PRACTICE PROTOCOLS. A NURSE PRACTITIONER COMPLYING WITH  THIS  PARAGRAPH
SHALL  HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED PHYSI-
CIANS QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A  HOSPITAL,
LICENSED  UNDER  ARTICLE  TWENTY-EIGHT  OF  THE  PUBLIC HEALTH LAW, THAT
PROVIDES SERVICES THROUGH LICENSED PHYSICIANS QUALIFIED  TO  COLLABORATE
IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION. THE
NURSE  PRACTITIONER SHALL DOCUMENT SUCH COLLABORATIVE RELATIONSHIPS IN A
MANNER REQUIRED BY THE DEPARTMENT, WHICH IDENTIFIES THE NAME AND MEDICAL
LICENSE NUMBER OF EACH PHYSICIAN OR HOSPITAL, AS APPLICABLE,  WITH  WHOM
THE  NURSE  PRACTITIONER  IS  COLLABORATING,  AND THE NURSE PRACTITIONER
ATTESTS THAT THE PHYSICIAN OR HOSPITAL IS AWARE OF  AND  HAS  AGREED  TO
MAINTAIN A COLLABORATIVE RELATIONSHIP WITH THE NURSE PRACTITIONER.
  (C)  Nothing  in this subdivision shall be deemed to limit or diminish
the practice of the profession of nursing as a  registered  professional
nurse  under  this article or any other law, rule, regulation or certif-
ication, nor to deny any registered professional nurse the right  to  do
any  act  or  engage  in  any practice authorized by this article or any
other law, rule, regulation or certification.
  [(g)] (D) The provisions of this subdivision shall not  apply  to  any
activity  authorized,  pursuant  to  statute,  rule or regulation, to be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  (E) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION, THE DEPARTMENT  SHALL  COLLECT  AND  A  NURSE  PRACTITIONER  SHALL
PROVIDE  SUCH  INFORMATION AND DOCUMENTATION REQUIRED BY THE DEPARTMENT,
IN CONSULTATION WITH THE DEPARTMENT OF HEALTH, AS  NECESSARY  TO  ENABLE
THE  DEPARTMENT  OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES IN THIS
STATE, INCLUDING BUT NOT LIMITED TO THE LOCATION  AND  TYPE  OF  SETTING
WHEREIN  THE NURSE PRACTITIONER PRACTICES; IF THE NURSE PRACTITIONER HAS
PRACTICED FOR FEWER THAN THREE THOUSAND SIX HUNDRED HOURS AND  IS  PRAC-
TICING PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A PHYSICIAN; IF THE
NURSE  PRACTITIONER  PRACTICES  PURSUANT TO A WRITTEN PRACTICE AGREEMENT
WITH A NURSE PRACTITIONER FOR SIX MONTHS AND  IF  THE  WRITTEN  PRACTICE
AGREEMENT  HAS BEEN EXTENDED FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING
OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT;  IF  THE  NURSE
PRACTITIONER  PRACTICES  PURSUANT  TO COLLABORATIVE RELATIONSHIPS WITH A

S. 6356--B                         30                         A. 8556--B

PHYSICIAN OR HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN  CONSUL-
TATION WITH THE DEPARTMENT OF HEALTH, DEEMS RELEVANT.
  S 3. This act shall take effect on the first of January after it shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
and directed to be made and completed on or before such effective date.

                                 PART E

  Section 1. Section 11 of the education law is amended by adding a  new
subdivision 9 to read as follows:
  9.  "PATTERN  OF  HARASSMENT,  BULLYING  OR DISCRIMINATION" SHALL MEAN
MULTIPLE INCIDENTS OF HARASSMENT, BULLYING OR  DISCRIMINATION  INVOLVING
ONE  OR MORE KNOWN OR UNKNOWN PERPETRATORS AGAINST A PARTICULAR CLASS OR
CLASSES OF PERSONS BASED ON  THEIR  ACTUAL  OR  PERCEIVED  RACE,  COLOR,
WEIGHT,  NATIONAL  ORIGIN,  ETHNIC  GROUP, RELIGION, RELIGIOUS PRACTICE,
DISABILITY, SEXUAL ORIENTATION, GENDER OR SEX.
  S 2. Paragraph d of subdivision 1 of section 13 of the education  law,
as  added  by  chapter  102  of  the laws of 2012, is amended to read as
follows:
  d. require the principal, superintendent or the principal's or  super-
intendent's  designee to lead or supervise the thorough investigation of
all reports of harassment, bullying and discrimination,  and  to  ensure
that such investigation is completed promptly after receipt of any writ-
ten  reports made under this section. IF THE PRINCIPAL OR SUPERINTENDENT
DESIGNATES AN INDIVIDUAL TO LEAD AND SUPERVISE  SUCH  INVESTIGATION  AND
THE  INVESTIGATION  REVEALS  VERIFIED  HARASSMENT, BULLYING OR DISCRIMI-
NATION, THE PRINCIPAL'S  OR  SUPERINTENDENT'S  DESIGNEE  SHALL  PROMPTLY
FORWARD ANY DETERMINATIONS OF VERIFIED HARASSMENT, BULLYING OR DISCRIMI-
NATION  DIRECTLY  TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS DETER-
MINED BY THE SCHOOL DISTRICT;
  S 3. Paragraphs e, f, g, h, i, j, k and l of subdivision 1 of  section
13  of  the  education law are relettered paragraphs g, h, i, j, k, l, m
and n and two new paragraphs e and f are added to read as follows:
  E. REQUIRE, AS PART OF THE INVESTIGATION UNDERTAKEN PURSUANT TO  PARA-
GRAPH  D OF THIS SUBDIVISION, THE PRINCIPAL, SUPERINTENDENT OR THE PRIN-
CIPAL'S OR SUPERINTENDENT'S DESIGNEE TO ALSO INVESTIGATE  AND  DETERMINE
IF  EACH  VERIFIED INCIDENT IS PART OF A PATTERN OF HARASSMENT, BULLYING
OR DISCRIMINATION. IF THE  PRINCIPAL  OR  SUPERINTENDENT  DESIGNATES  AN
INDIVIDUAL  TO LEAD AND SUPERVISE SUCH INVESTIGATION, THE PRINCIPAL'S OR
SUPERINTENDENT'S DESIGNEE  SHALL  PROMPTLY  FORWARD  ANY  SUCH  DETERMI-
NATIONS,  WHETHER  OR NOT THEY FIND A PATTERN OF HARASSMENT, BULLYING OR
DISCRIMINATION, DIRECTLY TO THE PRINCIPAL OR SUPERINTENDENT, OR BOTH, AS
DETERMINED BY THE SCHOOL DISTRICT; SUCH OFFICIAL OR OFFICIALS, IN  TURN,
SHALL  PROMPTLY UNDERTAKE AN INDEPENDENT REVIEW OF EACH DETERMINATION TO
DETERMINE IF THE VERIFIED INCIDENT IS PART OF SUCH A PATTERN OF  HARASS-
MENT, BULLYING OR DISCRIMINATION;
  F.  REQUIRE  THE PRINCIPAL OR SUPERINTENDENT TO PROMPTLY REPORT TO THE
COMMISSIONER, THE DIVISION OF HUMAN RIGHTS AND  THE  DIVISION  OF  STATE
POLICE,  (I)  ANY  INVESTIGATION WHERE A DETERMINATION IS MADE BY EITHER
THE PRINCIPAL, SUPERINTENDENT OR  THE  PRINCIPAL'S  OR  SUPERINTENDENT'S
DESIGNEE  THAT  A VERIFIED INCIDENT OF HARASSMENT, BULLYING OR DISCRIMI-
NATION IS PART OF A PATTERN OF HARASSMENT,  BULLYING  OR  DISCRIMINATION
AND  (II) ANY PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION OF WHICH
THEY OTHERWISE BECOME AWARE. SCHOOL DISTRICTS  SHALL  ENSURE  THAT  THEY

S. 6356--B                         31                         A. 8556--B

HAVE  ADEQUATE  POLICIES  AND  PROCEDURES  IN PLACE TO ENSURE THAT THESE
PATTERNS ARE REPORTED PROMPTLY;
  S  4.  Section  14  of  the education law is amended by adding two new
subdivisions 6 and 7 to read as follows:
  6. WHEN THE COMMISSIONER RECEIVES A REPORT FROM A PRINCIPAL OR  SUPER-
INTENDENT  OF  A  PATTERN OF HARASSMENT, BULLYING OR DISCRIMINATION, THE
COMMISSIONER SHALL DEVELOP, AND THE  SCHOOL  DISTRICT  SHALL  IMPLEMENT,
INTERVENTION  PROTOCOLS  REASONABLY  CALCULATED  TO  END THE HARASSMENT,
BULLYING OR DISCRIMINATION, ELIMINATE ANY HOSTILE ENVIRONMENT, CREATE  A
MORE  POSITIVE  SCHOOL  CULTURE  AND  CLIMATE, PREVENT RECURRENCE OF THE
BEHAVIOR, AND ENSURE THE SAFETY OF THE STUDENT OR STUDENTS AGAINST  WHOM
SUCH HARASSMENT, BULLYING OR DISCRIMINATION WAS DIRECTED. THE DEPARTMENT
SHALL  EVALUATE  THE  DISTRICT'S IMPLEMENTATION OF SUCH PROTOCOLS WITHIN
SIX MONTHS AFTER SUCH PROTOCOLS ARE RECEIVED BY THE DISTRICT.
  7. IF THE COMMISSIONER RECEIVES OR ACQUIRES SUBSTANTIAL EVIDENCE  FROM
ANY  SOURCE  THAT  A  SCHOOL  PRINCIPAL  OR SUPERINTENDENT HAS FAILED TO
FULFILL HIS OR HER DUTIES UNDER THIS ARTICLE OR HAS FAILED TO  REPORT  A
PATTERN  OF HARASSMENT, BULLYING OR DISCRIMINATION AS DEFINED IN SECTION
ELEVEN OF THIS ARTICLE, OF WHICH THE PRINCIPAL OR SUPERINTENDENT KNEW OR
SHOULD HAVE KNOWN, THE COMMISSIONER SHALL INITIATE A REMOVAL  PROCEEDING
PURSUANT  TO SUBDIVISION ONE OF SECTION THREE HUNDRED SIX OF THIS TITLE.
FOR THE PURPOSES OF THIS SUBDIVISION ONLY, A PRINCIPAL SHALL BE DEEMED A
SCHOOL OFFICER.
  S 5. Section 297 of the executive law  is  amended  by  adding  a  new
subdivision 11 to read as follows:
  11.  THE  DIVISION SHALL PROMPTLY REPORT TO THE COMMISSIONER OF EDUCA-
TION INFORMATION REGARDING  ANY  COMPLAINTS  OF  DISCRIMINATION  AGAINST
STUDENTS  IN  A  PUBLIC  SCHOOL, BROUGHT PURSUANT TO SUBDIVISION FOUR OF
SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WHERE A DETERMINATION OF
PROBABLE CAUSE HAS BEEN ISSUED BY THE DIVISION. SUCH INFORMATION MAY  BE
USED  BY  THE  COMMISSIONER  OF  EDUCATION TO DETERMINE WHETHER A SCHOOL
PRINCIPAL OR SUPERINTENDENT HAS FAILED TO REPORT A  PATTERN  OF  HARASS-
MENT,  BULLYING  OR  DISCRIMINATION  IN  VIOLATION OF ARTICLE TWO OF THE
EDUCATION LAW.
  S 6. This act shall take effect on the ninetieth day  after  it  shall
have become a law, provided that authority of the commissioner of educa-
tion  and  the  division  of  human rights to promulgate any regulations
necessary to implement this act shall take effect immediately.

                                 PART F

  Section 1. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
  35. THE TERM "EDUCATIONAL INSTITUTION", WHEN  USED  IN  THIS  ARTICLE,
SHALL MEAN:
  (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE  PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
  (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
  S 2. Subdivision 4 of section 296 of the executive law, as amended  by
chapter 106 of the laws of 2003, is amended to read as follows:
  4.  It  shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the  public  to  be
non-sectarian  and  exempt  from  taxation pursuant to the provisions of
article four of the real property tax law]  EDUCATIONAL  INSTITUTION  to

S. 6356--B                         32                         A. 8556--B

deny  the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or  applicant,  by  reason  of  his
race,  color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution  which  establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
  S 3. This act shall take effect immediately.

                                 PART G

  Section 1. The education law is amended by adding a new section  669-e
to read as follows:
  S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT-
ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN
AN  APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH-
NOLOGY, ENGINEERING OR MATHEMATICS AT A NEW YORK STATE  PUBLIC  INSTITU-
TION  OF  HIGHER  EDUCATION  SHALL  BE  ELIGIBLE FOR AN AWARD UNDER THIS
SECTION, PROVIDED THE  APPLICANT:  (A)  GRADUATES  FROM  A  HIGH  SCHOOL
LOCATED   IN   NEW   YORK   STATE  DURING  OR  AFTER  THE  TWO  THOUSAND
THIRTEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES  WITHIN  THE  TOP  TEN
PERCENT  OF  HIS  OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME
STUDY EACH ACADEMIC YEAR BEGINNING IN THE FALL TERM  AFTER  HIS  OR  HER
HIGH  SCHOOL GRADUATION IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE,
TECHNOLOGY, ENGINEERING OR MATHEMATICS, AS DEFINED BY  THE  CORPORATION,
AT  A  NEW  YORK  STATE  PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D)
SIGNS A CONTRACT WITH THE CORPORATION AGREEING THAT  HIS  OR  HER  AWARD
WILL  BE  CONVERTED  TO A STUDENT LOAN IN THE EVENT THE STUDENT FAILS TO
COMPLY WITH THE TERMS OF THIS PROGRAM AS SET FORTH IN  SUBDIVISION  FOUR
OF THIS SECTION; AND (E) COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS
ARTICLE  AND  ALL  REQUIREMENTS  PROMULGATED  BY THE CORPORATION FOR THE
ADMINISTRATION OF THE PROGRAM.
  2.  AWARDS  SHALL  BE  GRANTED  BEGINNING  WITH   THE   TWO   THOUSAND
FOURTEEN--TWO  THOUSAND  FIFTEEN  ACADEMIC YEAR AND THEREAFTER TO APPLI-
CANTS THAT THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO  RECEIVE  SUCH
AWARDS.  THE  CORPORATION  SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO
THE AMOUNT OF UNDERGRADUATE TUITION FOR  RESIDENTS  OF  NEW  YORK  STATE
CHARGED  BY  THE STATE UNIVERSITY OF NEW YORK OR ACTUAL TUITION CHARGED,
WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO RECEIVES  EDUCA-
TIONAL  GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST OF
ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN AWARD UNDER THIS  PROGRAM;  (II)
FOR  A  STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT
COVER LESS THAN THE STUDENT'S  FULL  COST  OF  ATTENDANCE,  SUCH  GRANTS
AND/OR  SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE COMBINED BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST  OF  ATTEND-
ANCE;  AND (III) AN AWARD UNDER THIS PROGRAM SHALL BE APPLIED TO TUITION
AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS  AND  SCHOLARSHIPS
LIMITED  TO  TUITION  AND  SHALL  BE  REDUCED IN AN AMOUNT EQUAL TO SUCH
EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION  OF  AN  AWARD
UNDER  THIS  PROGRAM,  THE INSTITUTION SHALL DEFER THE AMOUNT OF TUITION
EQUAL TO THE AWARD. NO  AWARD  SHALL  BE  FINAL  UNTIL  THE  RECIPIENT'S
SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
  3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR
ACADEMIC  YEARS  OF FULL-TIME UNDERGRADUATE STUDY OR FIVE ACADEMIC YEARS
IF THE PROGRAM OF STUDY NORMALLY  REQUIRES  FIVE  YEARS,  EXCLUDING  ANY
ALLOWABLE INTERRUPTION OF STUDY.

S. 6356--B                         33                         A. 8556--B

  4.  THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO  A
SCHEDULE  TO  BE DETERMINED BY THE CORPORATION IF: (A) A RECIPIENT FAILS
TO COMPLETE AN APPROVED UNDERGRADUATE PROGRAM  IN  SCIENCE,  TECHNOLOGY,
ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU-
ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS;
OR  (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A RECIPIENT
FAILS TO EITHER (I) COMPLETE FIVE YEARS OF EMPLOYMENT  IN  THE  SCIENCE,
TECHNOLOGY,  ENGINEERING  OR  MATHEMATICS FIELD WITH A PUBLIC OR PRIVATE
ENTITY LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN  NEW
YORK  STATE  FOR  SUCH PERIOD OF EMPLOYMENT; OR (C) A RECIPIENT FAILS TO
RESPOND TO REQUESTS BY THE CORPORATION FOR THE  STATUS  OF  HIS  OR  HER
ACADEMIC  OR  PROFESSIONAL  PROGRESS.   THE TERMS AND CONDITIONS OF THIS
SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE
IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING
OR MATHEMATICS AND CONTINUE THEIR EDUCATION  ON  AT  LEAST  A  HALF-TIME
BASIS  IN  A  GRADUATE  OR  HIGHER  DEGREE PROGRAM OR OTHER PROFESSIONAL
LICENSURE DEGREE PROGRAM UNTIL THEY ARE CONFERRED A  DEGREE,  AND  SHALL
ALSO  BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR EMPLOY-
MENT AS ESTABLISHED BY THE RULES AND  REGULATIONS  OF  THE  CORPORATION.
THE  TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR A
GRACE PERIOD, TO  BE  ESTABLISHED  BY  THE  CORPORATION,  FOLLOWING  THE
COMPLETION  OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,
ENGINEERING  OR  MATHEMATICS.    ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF  THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO
THE CONTRARY, THE CORPORATION IS  AUTHORIZED  TO  PROMULGATE  RULES  AND
REGULATIONS  TO  PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  5. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT  LIMITED  TO,
THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section 1. Paragraph (a) of subdivision 1 of section 1 of  part  U  of
chapter  57  of  the  laws of 2005 amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal  year,
relating  to  the New York state higher education capital matching grant
program for independent colleges, as amended by section 1 of part  C  of
chapter 57 of the laws of 2013, is amended to read as follows:
  (a)  The  New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties  and  preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York  state  higher  education  capital  matching grant program from the
effective date of this section through March 31,  [2014]  2017,  or  the
date  on  which  the  last  of the funds available for grants under this
section shall have  been  disbursed,  whichever  is  earlier;  provided,
however,  that  the  termination of the existence of the board shall not
affect the power and authority of the dormitory authority to perform its
obligations with respect to any  bonds,  notes,  or  other  indebtedness
issued or incurred pursuant to authority granted in this section.

S. 6356--B                         34                         A. 8556--B

  S  2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws  implement-
ing  the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education capital  matching  grant  program
for  independent  colleges, as amended by section 2 of part C of chapter
57 of the laws of 2013, is amended to read as follows:
  (h) In the event that any colleges do not apply for  higher  education
capital  matching  grants  by March 31, 2009, or in the event they apply
for and are awarded, but do not use the full amount of such grants,  the
unused  funds associated with such grants shall thereafter be awarded to
colleges on a competitive basis, according to the priorities  set  forth
below.    Notwithstanding  subdivision five of this section, any college
shall be eligible to apply for  such  unused  funds  in  response  to  a
request  for  proposals  for  a  higher education capital matching grant
pursuant to this paragraph.   In such cases,  the  following  priorities
shall  apply:  first,  priority  shall  be  given  to otherwise eligible
colleges that either were, or would have been, deemed ineligible for the
program prior to March 31, 2009, due to missed  deadlines,  insufficient
matching  funds,  lack  of accreditation or other disqualifying reasons;
and second, after the board  has  acted  upon  all  such  first-priority
applications  for  unused  funds,  if any such funds remain, those funds
shall be available for distribution to eligible colleges.  The dormitory
authority shall develop a request for proposals and application process,
in consultation with the board, for higher  education  capital  matching
grants  awarded  pursuant to this paragraph, and shall develop criteria,
subject to review by the board, for the awarding of  such  grants.  Such
criteria  shall  include,  but  not  be limited to the matching criteria
contained in paragraph (c) of  this  subdivision,  and  the  application
criteria  set  forth in paragraph (e) of this subdivision. The dormitory
authority shall require all applications in response to the request  for
proposals  to  be  submitted  by September 1, [2013] 2014, and the board
shall act on each application for such matching grants  by  November  1,
[2013] 2014.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to the New York state higher education capi-
tal matching grant program  for  independent  colleges,  as  amended  by
section  3  of  part  C of chapter 57 of the laws of 2013, is amended to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter for a period ending on March 31, [2015,]
2017, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education matching capital grant program
for independent colleges, as amended by section 4 of part C  of  chapter
57 of the laws of 2013, is amended to read as follows:

S. 6356--B                         35                         A. 8556--B

  (b)  Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2014]
2018, on the use of funding received and its programmatic  and  economic
impact.  The  dormitory  authority  shall  submit a report no later than
November  1,  [2014]  2018 to [the board,] the governor, the director of
the budget, the temporary president of the senate, and  the  speaker  of
the  assembly  on  the aggregate impact of the higher education matching
capital grant program. Such report  shall  provide  information  on  the
progress and economic impact of such project.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section 1. Paragraphs (a), (b),  (c)  and  (d)  of  subdivision  1  of
section  131-o  of  the  social services law, as amended by section 1 of
part E of chapter 57 of the  laws  of  2013,  are  amended  to  read  as
follows:
  (a)  in  the  case of each individual receiving family care, an amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b) in the case of each  individual  receiving  residential  care,  an
amount  equal  to at least [$158.00] $160.00 for each month beginning on
or after January first, two thousand [thirteen] FOURTEEN.
  (c) in the case of  each  individual  receiving  enhanced  residential
care,  an  amount  equal  to  at  least [$187.00] $190.00 for each month
beginning on or after January first, two thousand [thirteen] FOURTEEN.
  (d) for the period commencing January first, two  thousand  [fourteen]
FIFTEEN,  the  monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1) the amounts specified in paragraphs  (a),  (b)  and  (c)  of  this
subdivision; and
  (2)  the  amount  in subparagraph one of this paragraph, multiplied by
the percentage of any  federal  supplemental  security  income  cost  of
living adjustment which becomes effective on or after January first, two
thousand  [fourteen]  FIFTEEN, but prior to June thirtieth, two thousand
[fourteen] FIFTEEN, rounded to the nearest whole dollar.
  S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of  subdivision  2  of
section  209 of the social services law, as amended by section 2 of part
E of chapter 57 of the laws of 2013, are amended to read as follows:
  (a) On and after January first, two thousand [thirteen] FOURTEEN,  for
an  eligible  individual  living  alone,  [$797.00]  $808.00; and for an
eligible couple living alone, [$1170.00] $1186.00.
  (b) On and after January first, two thousand [thirteen] FOURTEEN,  for
an  eligible  individual  living  with  others  with  or without in-kind
income, [$733.00] $744.00; and for an eligible couple living with others
with or without in-kind income, [$1112.00] $1128.00.
  (c) On and after January first, two thousand [thirteen] FOURTEEN,  (i)
for  an  eligible individual receiving family care, [$976.48] $987.48 if
he or she is receiving such care in the city of New York or  the  county
of  Nassau,  Suffolk,  Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or  the  county  of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual  receiving  such  care  in  any other county in the state, [$938.48]

S. 6356--B                         36                         A. 8556--B

$949.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  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 [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; 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 [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  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.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE

S. 6356--B                         37                         A. 8556--B

PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.
  2.  ANY  PERSON WHO, INDIVIDUALLY OR AS A MEMBER OF A FAMILY, IS FOUND
BY A FEDERAL, STATE, LOCAL, CRIMINAL, CIVIL OR OTHER COURT  OR  PURSUANT
TO  AN ADMINISTRATIVE HEARING HELD IN ACCORDANCE WITH THE REGULATIONS OF
THE DEPARTMENT, ON THE BASIS OF A PLEA OF GUILTY OR NOLO  CONTENDERE  OR
OTHERWISE,  TO HAVE ACCESSED PUBLIC ASSISTANCE BY MEANS OF AN ELECTRONIC
BENEFIT TRANSFER IN AN UNAUTHORIZED LOCATION AS SET FORTH IN SUBDIVISION
ONE OF THIS SECTION, SHALL NOT HAVE HIS OR HER NEEDS TAKEN INTO  ACCOUNT
IN  DETERMINING HIS OR HER NEED OR THAT OF HIS OR HER FAMILY PURSUANT TO
SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE: (I) FOR A PERIOD OF  ONE
MONTH  FOR  THE  FIRST  OFFENSE; (II) FOR A PERIOD OF TWO MONTHS FOR THE
SECOND OFFENSE; (III) FOR  A  PERIOD  OF  THREE  MONTHS  FOR  THE  THIRD
OFFENSE; AND (IV) FOR A PERIOD OF SIX MONTHS FOR ANY SUBSEQUENT OFFENSE.
THESE  SANCTIONS  SHALL BE IN ADDITION TO AND NOT IN SUBSTITUTION OF ANY
OTHER SANCTIONS OR PENALTIES THAT  MAY  BE  PROVIDED  FOR  BY  LAW  WITH
RESPECT  TO  THE  UNAUTHORIZED  USE  INVOLVED,  EXCEPT  THAT  THE SOCIAL
SERVICES OFFICIAL OR COURT OFFICIAL  ASSESSING  SANCTIONS  OR  PENALTIES
AGAINST  A RECIPIENT FOR AN UNAUTHORIZED USE AS DESCRIBED IN SUBDIVISION
ONE OF THIS SECTION MAY CONSIDER WHETHER TO IMPOSE SUCH OTHER  SANCTIONS
OR PENALTIES BASED UPON THE EXISTENCE OF THE SANCTIONS DESCRIBED IN THIS
SUBDIVISION.
  S  3.  Section 151 of the social services law, as added by chapter 570
of the laws of 1951, is amended to read as follows:
  S 151. [Penalty] PENALTIES for cashing  public  assistance  checks  OR
ACCEPTING   ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC  ASSISTANCE
RECIPIENTS.   [No] 1. UNAUTHORIZED  TRANSACTIONS.  EXCEPT  AS  OTHERWISE
PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO person, firm, ESTABLISH-
MENT,   ENTITY,  or  corporation  (A)  licensed  under  the  [provision]
PROVISIONS of the alcoholic beverage control law to sell  liquor  AND/OR
WINE  at  retail FOR OFF-PREMISES CONSUMPTION; (B) LICENSED TO SELL BEER
AT WHOLESALE AND ALSO AUTHORIZED TO SELL BEER AT RETAIL FOR OFF-PREMISES
CONSUMPTION; (C) LICENSED OR AUTHORIZED TO CONDUCT PARI-MUTUEL  WAGERING
ACTIVITY  UNDER  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW; (D)
LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
THE GENERAL MUNICIPAL LAW; (E) LICENSED TO PARTICIPATE IN THE  OPERATION
OF  A  VIDEO  LOTTERY  FACILITY  UNDER  SECTION ONE THOUSAND SIX HUNDRED
SEVENTEEN-A OF THE TAX LAW; (F) LICENSED TO OPERATE  A  GAMING  FACILITY
UNDER  SECTION ONE THOUSAND THREE HUNDRED ELEVEN OF THE RACING, PARI-MU-
TUEL WAGERING AND BREEDING LAW; OR (G) PROVIDING  ADULT-ORIENTED  ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT, OR MAKING AVAILABLE THE  VENUE  IN  WHICH  PERFORMERS
DISROBE  OR  PERFORM IN AN UNCLOTHED STATE FOR ENTERTAINMENT, shall cash
or accept[, for any purpose whatsoever,] FOR  UNAUTHORIZED  TRANSACTIONS
AS  SET  FORTH IN SUBDIVISION ONE OF SECTION ONE HUNDRED FORTY-FIVE-D OF
THIS ARTICLE, any public assistance check OR ELECTRONIC BENEFIT TRANSFER
DEVICE issued by a public welfare official or department, OR AGENT THER-
EOF, as and for public assistance.
  2. AUTHORIZED TRANSACTIONS. (A) A GROCERY STORE THAT  SELLS  GROCERIES
INCLUDING  STAPLE  FOODS  AND THAT ALSO OFFERS, OR IS LOCATED WITHIN THE
SAME BUILDING OR COMPLEX AS, A CASINO, GAMBLING CASINO, OR GAMING ESTAB-
LISHMENT; AND ANY AREA OF A PARI-MUTUEL RACE TRACK THAT DOES NOT  ACCEPT
WAGERS  AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSONNEL, SUCH
AS NON-WAGERING AREAS OF THE BACKSTRETCH, MAY ACCEPT ANY PUBLIC  ASSIST-
ANCE  CHECK  OR  ELECTRONIC  BENEFIT TRANSFER ISSUED BY A PUBLIC WELFARE
OFFICIAL OR DEPARTMENT, OR AGENT THEREOF. FOR  PURPOSES  OF  THIS  PARA-

S. 6356--B                         38                         A. 8556--B

GRAPH,  "GAMING  ESTABLISHMENT"  SHALL  MEAN ANY VIDEO LOTTERY FACILITY,
OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED COMMERCIAL
CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
  (B) ANY ESTABLISHMENT THAT OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL
PURPOSE  OF  THE BUSINESS AT SUCH LOCATION MAY ACCEPT ANY PUBLIC ASSIST-
ANCE CHECK OR ELECTRONIC BENEFIT TRANSFER  DEVICE  ISSUED  BY  A  PUBLIC
WELFARE OFFICIAL OR DEPARTMENT, OR AGENT THEREOF.
  3.  PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE of
this section [for the first offense shall be punishable by a fine not to
exceed fifty dollars.  A second offense] TAKING PLACE  AT  THE  LICENSED
PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
BEVERAGE  CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
PREMISES CONSUMPTION; (II) TO SELL BEER AT WHOLESALE AND ALSO AUTHORIZED
TO SELL BEER AT RETAIL FOR OFF-PREMISES CONSUMPTION; OR  (III)  TO  SELL
LIQUOR, WINE AND/OR BEER FOR ON-PREMISES CONSUMPTION AT AN ESTABLISHMENT
WHERE  ENTERTAINERS  APPEAR  UNCLOTHED  AS PERMITTED BY THE RULES OF THE
STATE LIQUOR AUTHORITY, shall constitute  [sufficient]  cause,  FOR  THE
PURPOSES  OF  SECTION  ONE  HUNDRED  EIGHTEEN  OF THE ALCOHOLIC BEVERAGE
CONTROL LAW, for the revocation,  cancellation  or  suspension  of  such
license [issued pursuant to the alcoholic beverage control law].
  (B)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
ITY UNDER SECTION ONE THOUSAND  THREE  HUNDRED  ELEVEN  OF  THE  RACING,
PARI-MUTUEL  WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE THOU-
SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
TION OF A VIDEO LOTTERY FACILITY;  LICENSED  OR  AUTHORIZED  TO  CONDUCT
PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
TEEN-H  OF  THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH PERSON, CORPO-
RATION OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE  HUNDRED
FOUR  OF  THE  RACING, PARI-MUTUEL WAGERING AND BREEDING LAW AND SECTION
ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH MAY INCLUDE REVOCA-
TION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
  (C) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
BY  ANY  PERSON,  FIRM,  ESTABLISHMENT,  ENTITY OR CORPORATION PROVIDING
ADULT-ORIENTED ENTERTAINMENT IN WHICH PERFORMERS DISROBE OR  PERFORM  IN
AN  UNCLOTHED  STATE FOR ENTERTAINMENT, OR MAKING AVAILABLE THE VENUE IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT,  SHALL  BE  A  VIOLATION,  AS  DEFINED IN SUBDIVISION THREE OF
SECTION 10.00 OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE  THAN  ONE
HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE A VIOLATION SUBJECT TO
A  FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS, AND A THIRD OR SUBSEQUENT
SUCH VIOLATION SHALL BE CLASS B MISDEMEANOR SUBJECT TO  A  FINE  OF  NOT
MORE THAN ONE THOUSAND DOLLARS.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law; provided, however,  the  New  York  state  office  of
temporary  and disability assistance, the New York state liquor authori-
ty, and the New York state gaming  commission  shall  be  authorized  to
promulgate  regulations  on an emergency basis and immediately take such
other actions as necessary to implement the provisions of this act.

                                 PART K

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  (the corporation) may provide, for purposes of
the rural rental assistance program, a sum not to exceed twenty  million

S. 6356--B                         39                         A. 8556--B

four hundred thousand dollars for the fiscal year ending March 31, 2015.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund  created  pursuant  to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating  (as  determined
by  the agency) required to accomplish the purposes of such account, the
board of directors of the  state  of  New  York  mortgage  agency  shall
authorize  the  transfer  from the project pool insurance account of the
mortgage insurance fund to  the  housing  trust  fund  corporation  (the
corporation),  for the purposes of reimbursing any costs associated with
rural rental assistance program contracts authorized by this section,  a
total  sum not to exceed twenty million four hundred thousand dollars as
soon as practicable but no later than June 30, 2014. Notwithstanding any
other provision of law, all current and existing rural rental assistance
program contracts may be assigned to the corporation  to  administer  as
soon  as  practicable.  Notwithstanding any other provision of law, such
funds may be used by the corporation in support of  contracts  scheduled
to  expire  in 2014-15 for as many as 10 additional years; in support of
contracts for new eligible projects for a period not to exceed 5  years;
and  in support of contracts which reach their 25 year maximum in and/or
prior to 2014-15 for an additional one year period.
  S 2. Notwithstanding any other provision of law, the  housing  finance
agency  may  provide,  for  costs  associated with the rehabilitation of
Mitchell Lama housing projects, a sum not to exceed  thirty-two  million
dollars  for  the fiscal year ending March 31, 2015. Notwithstanding any
other provision of law, and provided that the reserves  in  the  project
pool  insurance  account of the mortgage insurance fund created pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish the purposes of such account, the board of directors  of  the
state  of New York mortgage agency shall authorize the transfer from the
project pool insurance account of the mortgage  insurance  fund  to  the
housing  finance agency, for the purposes of reimbursing any costs asso-
ciated with Mitchell Lama housing projects authorized by this section, a
total sum not to exceed thirty-two million dollars as soon as  practica-
ble but no later than March 31, 2015.
  S  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
neighborhood  preservation  program,  a  sum not to exceed eight million
four hundred seventy-nine thousand dollars for the  fiscal  year  ending
March 31, 2015. Notwithstanding any other provision of law, and provided
that  the reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain  the  credit  rating  (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of
the  mortgage  insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
neighborhood  preservation program contracts authorized by this section,
a total sum not to exceed eight million four hundred seventy-nine  thou-
sand dollars as soon as practicable but no later than June 30, 2014.
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
rural  preservation  program,  a  sum  not  to exceed three million five
hundred thirty-nine thousand dollars for the fiscal  year  ending  March

S. 6356--B                         40                         A. 8556--B

31, 2015.  Notwithstanding any other provision of law, and provided that
the  reserves  in  the  project  pool  insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties  law  are  sufficient  to attain and maintain the credit rating (as
determined by the agency) required to accomplish the  purposes  of  such
account, the board of directors of the state of New York mortgage agency
shall  authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the housing trust fund  corporation  (the
corporation),  for the purposes of reimbursing any costs associated with
rural preservation program contracts authorized by this section, a total
sum not to  exceed  three  million  five  hundred  thirty-nine  thousand
dollars as soon as practicable but no later than June 30, 2014.
  S  5.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
rural  and  urban  community investment fund program created pursuant to
article XXVII of the private housing finance law, a sum  not  to  exceed
six  million  seven  hundred  fifty thousand dollars for the fiscal year
ending March 31, 2015.  Notwithstanding any other provision of law,  and
provided  that the reserves in the project pool insurance account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law are sufficient to attain and maintain the credit  rating
(as  determined  by  the  agency) required to accomplish the purposes of
such account, the board of directors of the state of New  York  mortgage
agency  shall  authorize  the  transfer  from the project pool insurance
account of the mortgage insurance fund to the housing trust fund  corpo-
ration  (the  corporation),  for  the  purposes of reimbursing any costs
associated with  rural  and  urban  community  investment  fund  program
contracts  authorized  by  this  section,  a total sum not to exceed six
million seven hundred fifty thousand dollars as soon as practicable  but
not later than March 31, 2015.
  S  6.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  the  purposes  of
carrying out the provisions of the low income housing trust fund program
created  pursuant to article XVIII of the private housing finance law, a
sum not to exceed two million five  hundred  thousand  dollars  for  the
fiscal  year  ending March 31, 2015. Notwithstanding any other provision
of law, and provided that reserves in the project pool insurance account
of the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law are sufficient to attain and maintain the  credit
rating (as determined by the agency) required to accomplish the purposes
of  such  account, the board of directors of the state of New York mort-
gage agency shall authorize the transfer from the project pool insurance
account of the mortgage insurance fund to the housing trust fund  corpo-
ration   (the  corporation),  for  the  purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized  by  this
section,  a  total  sum  not to exceed two million five hundred thousand
dollars as soon as practicable but no later than March 31, 2015.
  S 7. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
homes for working families program for deposit in the housing trust fund
created pursuant to section 59-a of the private housing finance law  and
subject  to  the  provisions  of  article  XVIII  of the private housing
finance law, a sum not to exceed one million seven hundred  fifty  thou-
sand  dollars for the fiscal year ending March 31, 2015. Notwithstanding
any other provision of law,  and  provided  that  the  reserves  in  the

S. 6356--B                         41                         A. 8556--B

project  pool  insurance  account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are  sufficient
to  attain  and maintain the credit rating (as determined by the agency)
required to accomplish the purposes of such account, the board of direc-
tors of the state of New York mortgage agency shall authorize the trans-
fer  from  the  project pool insurance account of the mortgage insurance
fund to the housing trust fund corporation (the  corporation),  for  the
purposes  of  reimbursing  any  costs  associated with homes for working
families program contracts authorized by this section, a total  sum  not
to  exceed  one  million seven hundred fifty thousand dollars as soon as
practicable but no later than March 31, 2015.
  S 8. This act shall take effect immediately.

                                 PART L

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to continue transforming New York's juvenile justice
system.  Each  component is wholly contained within a Subpart identified
as Subparts  A  through  B.  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 Subpart, which makes refer-
ence to a section "of this act",  when  used  in  connection  with  that
particular  component,  shall  be deemed to mean and refer to the corre-
sponding section of the Subpart in which it is found. Section  three  of
this act sets forth the general effective date of this act.

                                SUBPART A

  Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
1950 of the education law, as added by section 1 of part K of chapter 57
of the laws of 2012, is amended to read as follows:
  (8) To enter into contracts with the commissioner  of  the  office  of
children  and  family  services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to  such  office,  for
the  benefit of youth in its custody, any special education programs AND
ANY OTHER PROGRAMS and related services provided by the board of cooper-
ative educational services  to  component  school  districts.  Any  such
proposed  contract  shall  be  subject to the review and approval of the
commissioner to determine that it is an approved cooperative educational
service. Services provided pursuant to such contracts shall be  provided
at  cost, and the board of cooperative educational services shall not be
authorized to charge any costs incurred in providing  such  services  to
its component school districts.
  S  2. Subdivision 6-a of section 3202 of the education law, as amended
by section 2 of part K of chapter 57 of the laws of 2012, is amended  to
read as follows:
  6-a.  Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children  and  family
services  shall  be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education  with
the  trustees  or  board  of  education of the school district wherein a
facility for the residential care of such youth is located or  with  the
board  of  cooperative  educational  services  at  which any such school
district is a component district [for  special  education  programs  and
related  services].  A  youth  attending  a local public school while in

S. 6356--B                         42                         A. 8556--B

residence at such facility shall be deemed  a  resident  of  the  school
district  where  his  parent  or guardian resides at the commencement of
each school year for the purpose of determining  which  school  district
shall  be  responsible  for the youth's tuition pursuant to section five
hundred four of the executive law.
  S 3. This act shall take effect immediately; provided that the  amend-
ments  to subparagraph 8 of paragraph h of subdivision 4 of section 1950
of the education law made by section one of this act  shall  not  affect
the  expiration  and repeal of such subparagraph and shall expire and be
deemed repealed therewith pursuant to section 4 of part K of chapter  57
of the laws of 2012, and provided further, that the amendments to subdi-
vision  6-a  of section 3202 of the education law made by section two of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 4 of part K of chapter  57  of  the  laws  of
2012.

                                SUBPART B

  Section 1. Paragraph (a) of subdivision 7 of section 404 of the social
services law, as added by section 1 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
  (a)  Notwithstanding  the  provisions  of paragraph (c) of subdivision
fifteen of section five hundred one of the executive law, or  any  other
law  to  the  contrary,  if  the  office of children and family services
approves a social  services  district's  plan  for  a  juvenile  justice
services  close  to  home  initiative to implement services for juvenile
delinquents placed in non-secure or limited secure settings, such office
shall be authorized, for up to a year after the effective  date  of  the
first of any such approved plan for a district to implement services for
each  setting  level,  but  in no event later than [September first, two
thousand fourteen] APRIL THIRTIETH, TWO THOUSAND FIFTEEN:  (1) to  close
any of its facilities in the corresponding setting levels covered by the
approved  plan and to make significant associated service reductions and
public employee staffing reductions and transfer  operations  for  those
setting  levels  to a private or not-for-profit entity, as determined by
the commissioner of the office of children and family services solely to
reflect the decrease in the number of juvenile delinquents  placed  with
such  office  from such social services district; (2) to reduce costs to
the state and  other  social  services  districts  resulting  from  such
decrease; and (3) to adjust services to provide regionally-based care to
juvenile  delinquents  from other parts of the state needing services in
those levels of residential services.  At  least  sixty  days  prior  to
taking  any  such  action,  the commissioner of the office shall provide
notice of such action to the speaker of the assembly and  the  temporary
president  of  the  senate  and  shall  post such notice upon its public
website. Such notice may be provided at any time on or  after  the  date
the  office  approves  a  plan authorizing a social services district to
implement programs for juvenile delinquents  placed  in  the  applicable
setting  level. Such commissioner shall be authorized to conduct any and
all preparatory  actions  which  may  be  required  to  effectuate  such
closures  or  significant service or staffing reductions and transfer of
operations during such sixty day period.  In  assessing  which  of  such
facilities  to  close,  or at which to implement any significant service
reductions, public employee staffing reductions and/or transfer of oper-
ations to a private or not-for-profit  entity,  the  commissioner  shall
consider  the  following  factors: (1) ability to provide a safe, humane

S. 6356--B                         43                         A. 8556--B

and therapeutic environment for placed youth; (2) ability  to  meet  the
educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote  the  social,  mental,  economic  and  behavioral development of
placed youth; (4) future capacity requirements for the effective  opera-
tion  of  youth facilities; (5) the physical characteristics, conditions
and costs of operation of the facility; and  (6)  the  location  of  the
facility  in regards to costs and ease of transportation of placed youth
and their families.
  S 2. This act shall take effect immediately; provided that the  amend-
ments  to  paragraph  (a)  of subdivision 7 of section 404 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  therewith  pursuant  to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  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 Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART M

  Section 1. Section 131-a of the social  services  law  is  amended  by
adding a new subdivision 14 to read as follows:
  14.  IN  DETERMINING  THE  NEED  FOR  AID  PROVIDED PURSUANT TO PUBLIC
ASSISTANCE PROGRAMS, EACH PERSON LIVING  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE
MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE
UNIT  PROVIDING  HIV/AIDS  SERVICES, PUBLIC ASSISTANCE AND EARNED AND/OR
UNEARNED INCOME, SHALL NOT BE REQUIRED TO PAY MORE THAN  THIRTY  PERCENT
OF  HIS  OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE COST OF
RENT THAT SUCH PERSON HAS A DIRECT OBLIGATION  TO  PAY;  THIS  PROVISION
SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS.
  S  2.  This  act shall take effect immediately; provided that no funds
shall be expended pursuant to this act  until  a  plan  submitted  by  a
district  has  been  approved  by the office of temporary and disability
assistance and the director of the budget.
  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 M of this act shall  be
as specifically set forth in the last section of such Parts.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8556--C

                          I N  A S S E M B L Y

                            January 21, 2014
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read once and referred to the  Committee  on  Ways
  and  Means -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee -- again reported from  said
  committee  with amendments, ordered reprinted as amended and recommit-
  ted to said committee --  again  reported  from  said  committee  with
  amendments,  ordered  reprinted  as  amended  and  recommitted to said
  committee

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence,  calculation  of the gap elimination restoration amount, appor-
  tionment of school aid and foundation aid, deferment of  building  and
  interest rates, teachers of tomorrow teacher recruitment and retention
  program,  school district reorganizations and real property tax rates,
  transportation after 4 p.m., academic grants to  the  Roosevelt  union
  free  school  district,  charter  school  reserves, the computation of
  transitional aid for a Tier 4 eligible school district; to  amend  the
  education law, in relation to extending the dates in which the commis-
  sioner  may  set aside school aid; to amend the general municipal law,
  in relation to  authorizing  withdrawals  from  the  employee  benefit
  accrued  liability  reserve  fund;  to  authorize  the commissioner of
  education to establish regional tuition  rates  for  approved  special
  education  itinerant services, to authorize reimbursement for approved
  special education itinerant services based on  actual  attendance,  to
  authorize  New York city to establish local tuition rates for approved
  special education itinerant services; to amend chapter 756 of the laws
  of 1992 relating  to  funding  a  program  for  work  force  education
  conducted  by the consortium for worker education in New York city, in
  relation to  apportionment  and  reimbursement;  and  in  relation  to
  extending  the  expiration of certain provisions; to amend chapter 169
  of the laws of 1994 relating to  certain  provisions  related  to  the
  1994-95 state operations, aid to localities, capital projects and debt
  service budgets; to amend 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  govern-
  ment;  to  amend  the  education law, in relation to the definition of
  "school district basic contribution"; to amend part C of chapter 57 of
  the laws of 2004, relating to support of  education,  in  relation  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD12672-04-4

A. 8556--C                          2

  extending  certain  provisions  of such chapter; relating to the defi-
  nition of "adjusted gross income"  for  purposes  of  computing  state
  education  aid;  to amend chapter 147 of the laws of 2001 amending the
  education  law relating to conditional appointment of school district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002 amending the education law relating to the provision  of  supple-
  mental  educational  services,  attendance at a safe public school and
  the suspension of pupils who bring a firearm to or possess  a  firearm
  at  a  school;  to  amend chapter 101 of the laws of 2003 amending the
  education law relating to implementation of the No Child  Left  Behind
  Act  of  2001,  in  relation  to  extending  the expiration of certain
  provisions of such chapters; to amend the education law,  in  relation
  to  universal  pre-kindergarten  phase-in  grants;  to amend the state
  finance law, in relation to establishing the five-year universal full-
  day pre-kindergarten phase-in reserve fund; to provide special  appor-
  tionment for school bus driver training; to amend part A of chapter 57
  of  the laws of 2013, relating to school district eligibility relating
  to state aid to the public schools and implementation  of  the  educa-
  tion,  labor and family assistance budget for the 2013-14 state fiscal
  year, in relation to gap elimination adjustment;  to  provide  special
  apportionment  for  salary  expenses; to provide special apportionment
  for public pension accruals;  to  provide  special  apportionment  for
  salary  expenses;  in  relation  to suballocation of certain education
  department accruals; in relation to the support of  public  libraries;
  and  providing  for  the  repeal of certain provisions upon expiration
  thereof (Part A); authorizing the creation of  a  state  debt  in  the
  amount  of  $2,317,000,000,  in relation to creating the smart schools
  bond act of 2014 for the  purposes  of  funding  capital  projects  to
  provide learning technology equipment or facilities, enhanced internet
  connectivity  for  schools and communities, and educational facilities
  to  accommodate  pre-kindergarten  programs;  and  providing  for  the
  submission  to  the people of a proposition or question therefor to be
  voted upon at the general election to be held in November, 2014  (Part
  B);  to amend the education law and the state finance law, in relation
  to the implementation of the smart schools implementation act of  2014
  (Part  C); to amend the education law, in relation to establishing the
  nurse practitioners modernization act; and providing for the repeal of
  such provisions upon the expiration thereof  (Part  D);  intentionally
  omitted  (Part  E);  to  amend  the  executive law, in relation to the
  unlawful discriminatory practices by  educational  institutions  (Part
  F);  to  amend  the  education  law, in relation to the New York state
  science, technology, engineering  and  mathematics  incentive  program
  (Part  G);  to amend chapter 57 of the laws of 2005 amending the labor
  law and  other  laws  implementing  the  state  fiscal  plan  for  the
  2005-2006  state  fiscal  year,  relating to the New York state higher
  education capital matching grant program for independent colleges,  in
  relation to the New York state higher education matching grant program
  for  independent  colleges  and the effectiveness thereof (Part H); to
  amend the social services law, in relation to increasing the standards
  of monthly need for aged, blind and disabled  persons  living  in  the
  community  (Part  I);  to amend the social services law, the alcoholic
  beverage control law, the racing, pari-mutuel  wagering  and  breeding
  law, the general municipal law, and the tax law, in relation to public
  assistance  restrictions  (Part J); to utilize reserves in the project
  pool insurance account of the  mortgage  insurance  fund  for  various
  housing  purposes (Part K); to amend the education law, in relation to

A. 8556--C                          3

  educational programs in juvenile  justice  programs  operated  by  the
  office  of children and family services and to amend chapter 57 of the
  laws of 2012 amending the education law relating  to  authorizing  the
  board of cooperative educational services to enter into contracts with
  the  commissioner  of  children and family services to provide certain
  services, in relation to making technical  corrections  thereto  (Part
  L);  to amend the social services law, in relation to providing a rent
  cap for people living with HIV/AIDS in social services districts  with
  a  population  over five million (Part M); to amend the education law,
  in relation to creating the New York DREAM fund commission;  eligibil-
  ity  requirements  and  conditions  governing general awards, academic
  performance awards and student  loans;  eligibility  requirements  for
  assistance  under  the  higher  education opportunity programs and the
  collegiate science and technology entry program; financial aid  oppor-
  tunities  for  students  of the state university of New York, the city
  university of  New  York  and  community  colleges;  and  the  program
  requirements  for  the  New  York state college choice tuition savings
  program; and to repeal subdivision 3 of section 661 of such law relat-
  ing thereto (Part N); to amend the social services law, in relation to
  age of infant and reimbursement (Part O); to amend the social services
  law, in relation to standardizing child care copayments (Part  P);  to
  amend  the social services law, in relation to reimbursement for child
  care absences (Part Q); to amend the social services law, in  relation
  to  the treatment of earned income of a child under the age of 18 when
  determining the eligibility of a household for a  child  care  subsidy
  (Part  R); to amend the social services law, in relation to post-adop-
  tion services (Part S); to amend the social services law, in  relation
  to  clarifying  the definitions of vocational educational training and
  educational activities (Part T); to amend the social services law,  in
  relation  to  the  twelve  month work exemption for certain parents or
  relatives providing child care (Part U); to  authorize  the  New  York
  state division of housing and community renewal to conduct a grandpar-
  ent  housing  study  and  report  its findings to the governor and the
  legislature; and providing for the  repeal  of  such  provisions  upon
  expiration  thereof  (Part  V);  to  amend the social services law, in
  relation to clarifying notice requirements conciliation procedures and
  sanctions in cases when the recipient of  public  assistance  programs
  refuses  to  comply  with employment program requirements (Part W); to
  amend the social services law, in relation to  the  powers  of  social
  services officials to receive and dispose of a deed, mortgage, or lien
  (Part  X);  to amend the education law, in relation to resident under-
  graduate tuition for SUNY and CUNY; and to amend section 16 of chapter
  260 of the laws of 2011 amending the education law and  the  New  York
  state  urban  development  corporation  act,  relating to establishing
  components of the NY-SUNY 2020 challenge grant program, in relation to
  the effectiveness thereof (Part Y); to amend  the  education  law,  in
  relation  to  student  financial  aid  awards  and  tuition assistance
  program awards (Part Z); to amend the education law,  in  relation  to
  tuition  assistance  program  awards starting in 2014-15 (Part AA); to
  amend the education law, in relation to the granting of  student  loan
  forgiveness  awards for the purpose of increasing the number of social
  workers serving in critical human service areas (Part BB)

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

A. 8556--C                          4

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as  Parts A through BB.  The effective date for each partic-
ular  provision  contained  within  such  Part  is set forth in the last
section of such Part. Any provision in any section  contained  within  a
Part,  including the effective date of the Part, which makes a reference
to a section "of this act", when used in connection with that particular
component, shall be deemed  to  mean  and  refer  to  the  corresponding
section of the Part in which it is found. Section three of this act sets
forth the general effective date of this act.

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year and
provided further that, a school district that submitted a  contract  for
excellence  for  the  two  thousand twelve--two thousand thirteen school
year, unless all schools in the  district  are  identified  as  in  good
standing,  shall  submit  a contract for excellence for the two thousand
thirteen--two thousand fourteen school year which shall, notwithstanding
the requirements of subparagraph (vi) of paragraph a of subdivision  two
of this section, provide for the expenditure of an amount which shall be
not  less  than  the amount approved by the commissioner in the contract
for excellence for the two thousand twelve--two thousand thirteen school
year AND PROVIDED FURTHER THAT, NO SCHOOL DISTRICT SHALL BE REQUIRED  TO
SUBMIT  A  CONTRACT  FOR  EXCELLENCE  FOR THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER. For purposes of this  para-
graph,  the  "gap elimination adjustment percentage" shall be calculated

A. 8556--C                          5

as the sum of one minus the quotient of the sum of the school district's
net gap elimination adjustment for two thousand ten--two thousand eleven
computed pursuant to chapter fifty-three of the  laws  of  two  thousand
ten,  making  appropriations  for  the  support  of government, plus the
school district's gap elimination adjustment for two  thousand  eleven--
two  thousand  twelve as computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for  the  support  of
the  local  assistance budget, including support for general support for
public schools, divided by the total aid for adjustment computed  pursu-
ant  to  chapter  fifty-three of the laws of two thousand eleven, making
appropriations for the local assistance budget,  including  support  for
general  support for public schools. Provided, further, that such amount
shall be expended to support and maintain allowable programs and  activ-
ities approved in the two thousand nine--two thousand ten school year or
to  support  new  or  expanded  allowable programs and activities in the
current year.
  S 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
law, as added by section 12 of part A of chapter 57 of the laws of 2013,
is amended and a new paragraph (g) is added to read as follows:
  (f)  The  gap  elimination  adjustment  restoration amount for the two
thousand fourteen--two thousand  fifteen  school  year  [and  thereafter
shall  equal  the  product  of  the  gap elimination percentage for such
district and  the  gap  elimination  adjustment  restoration  allocation
established  pursuant  to  subdivision  eighteen of this section.] FOR A
SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
SIONER AND IN THE DATABASE  USED  BY  THE  COMMISSIONER  TO  PRODUCE  AN
UPDATED  ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  STATE
FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
  (I)  THE  PRODUCT OF TWO AND FIVE-TENTHS PERCENT (0.025) MULTIPLIED BY
THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF TWENTY-TWO  PERCENT
(0.22) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
SCHOOL  DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE HEADING
"2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
ENTITLED  "BT111-2"  MINUS  (B)  THE POSITIVE DIFFERENCE OF THE ABSOLUTE
VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "GAP  ELIMI-
NATION  ADJUSTMENT"  UNDER  THE  HEADING "2011-12 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (III) THE SUM OF (A) THE GREATER OF:
  (A)  THE  PRODUCT  OF  (1)  THE PRODUCT OF TWO HUNDRED AND SEVENTY-TWO
DOLLARS ($272.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED
TO TWO DECIMAL PLACES WITHOUT ROUNDING MULTIPLIED BY (2) THE PRODUCT  OF
THE  STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
TO SUBDIVISION FOUR OF THIS SECTION MULTIPLIED  BY  (4)  THE  BASE  YEAR
PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B) THE PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND  FIFTY  CENTS
($363.50)  MULTIPLIED  BY  (1)  THE  POSITIVE DIFFERENCE, IF ANY, OF ONE
MINUS THE PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS  (1.37)  MULTI-

A. 8556--C                          6

PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER  WITHOUT  ROUND-
ING,  OF:  (1)  THE  PRODUCT  OF THE QUOTIENT OF THE TAX EFFORT RATIO AS
DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND  ONE
HUNDRED  SEVENTY-SIX  THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED BY THE
POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS  THE  ALTERNATE  PUPIL  WEALTH
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  B OF SUBDIVISION THREE OF THIS
SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO  THREE  DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT  ROUNDING  MULTIPLIED  BY  (3)  THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B)  THE  PRODUCT  OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE
YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO  SUBPARA-
GRAPH  TWO  OF  PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR  TO  THE
BASE  YEAR,  AS  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY  (B)  ONE  THOUSAND  EIGHT
HUNDRED  FIFTEEN  DOLLARS  ($1,815)  MULTIPLIED BY (C) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO  THE  CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA-
TION FOR THE TWO THOUSAND FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR
SHALL  NOT  EXCEED  THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G) THE GAP ELIMINATION ADJUSTMENT  RESTORATION  AMOUNT  FOR  THE  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SHALL
EQUAL THE PRODUCT OF THE GAP ELIMINATION PERCENTAGE  FOR  SUCH  DISTRICT
AND  THE  GAP ELIMINATION ADJUSTMENT RESTORATION  ALLOCATION ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S 2-a. Paragraph (f) of subdivision 17 of section 3602 of  the  educa-
tion  law, as added by section 12 of part A of chapter 57 of the laws of
2013, is amended and a new paragraph (g) is added to read as follows:
  (f) The gap elimination adjustment  restoration  amount  for  the  two
thousand fourteen--two thousand fifteen school year [and thereafter] FOR
A  SCHOOL  DISTRICT  SHALL  BE  COMPUTED  BASED ON DATA ON FILE WITH THE
COMMISSIONER AND IN THE DATABASE USED BY THE COMMISSIONER TO PRODUCE  AN
UPDATED  ELECTRONIC  DATA  FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR END  ENTI-
TLED  "SA141-5"  AND  shall  equal  [the  product of the gap elimination
percentage for such district and the gap elimination adjustment restora-
tion allocation established pursuant to  subdivision  eighteen  of  this
section]  THE GREATER OF THE SUM OF THE AMOUNT SET FORTH FOR SUCH SCHOOL
DISTRICT AS "GEA RESTORATION" UNDER THE HEADING "2014-15 ESTIMATED AIDS"
IN THE SCHOOL AID COMPUTER  LISTING  PRODUCED  BY  THE  COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED  "BT141-5"
AND FIFTEEN THOUSAND DOLLARS ($15,000) OR THE SUM OF:
  (I)  FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION IN EXCESS OF ONE HUNDRED TWENTY-FIVE  THOUSAND,  THE

A. 8556--C                          7

PRODUCT  OF EIGHTEEN DOLLARS ($18.00) MULTIPLIED BY THE BASE YEAR PUBLIC
SCHOOL DISTRICT ENROLLMENT, AS  COMPUTED  PURSUANT  TO  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY THE THREE-YEAR AVERAGE
FREE AND REDUCED PRICE LUNCH PERCENT; AND
  (II)  FOR  A  CITY  SCHOOL  DISTRICT  OF A CITY HAVING A POPULATION IN
EXCESS OF ONE HUNDRED TWENTY-FIVE THOUSAND AND LESS  THAN  ONE  MILLION,
THE PRODUCT OF THIRTY-EIGHT DOLLARS ($38.00) MULTIPLIED BY THE BASE YEAR
PUBLIC  SCHOOL  DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N
OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE THREE-YEAR  AVERAGE
FREE AND REDUCED PRICE LUNCH PERCENT; AND
  (III)  FOR  A  SCHOOL  DISTRICT WITH (1) A THREE-YEAR AVERAGE FREE AND
REDUCED LUNCH PERCENT GREATER THAN SIXTY-FIVE  PERCENT  (0.65)  AND  (2)
BASE  YEAR  PUBLIC  SCHOOL  DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION GREATER THAN  THIRTY-FIVE
HUNDRED  (3,500)  AND  FOR  WHICH  (3)  THE QUOTIENT OF (A) THE POSITIVE
DIFFERENCE, IF ANY, OF THE ABSOLUTE VALUE OF THE AMOUNT  SET  FORTH  FOR
SUCH  SCHOOL  DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEADING
"2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
ENTITLED  "BT111-2"  MINUS THE POSITIVE DIFFERENCE OF THE ABSOLUTE VALUE
OF THE AMOUNT SET FORTH FOR SUCH SCHOOL  DISTRICT  AS  "GAP  ELIMINATION
ADJUSTMENT" UNDER THE HEADING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID
COMPUTER  LISTING  PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND  FOURTEEN--TWO  THOU-
SAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5" DIVIDED BY (B) THE
ABSOLUTE  VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP
ELIMINATION ADJUSTMENT" UNDER THE HEADING "2011-12  ESTIMATED  AIDS"  IN
THE  SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT
OF  THE  EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE  TWO   THOUSAND
ELEVEN--TWO  THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" IS
LESS THAN SIXTY PERCENT (0.60), THE PRODUCT OF ONE HUNDRED  AND  FIFTEEN
DOLLARS  ($115.00)  MULTIPLIED  BY  THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT, AS COMPUTED PURSUANT TO PARAGRAPH N OF  SUBDIVISION  ONE  OF
THIS SECTION; AND
  (IV) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY
HAVING  A  POPULATION IN EXCESS OF ONE MILLION FOR WHICH THE QUOTIENT OF
(A) THE POSITIVE DIFFERENCE, IF ANY, OF THE LIMITED  ENGLISH  PROFICIENT
COUNT  FOR  THE BASE YEAR MINUS THE LIMITED ENGLISH PROFICIENT COUNT FOR
THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR DIVIDED BY (B) THE
LIMITED ENGLISH PROFICIENT COUNT FOR THE TWO THOUSAND  EIGHT--TWO  THOU-
SAND  NINE  SCHOOL YEAR IS GREATER THAN FIVE PERCENT (0.05), THE PRODUCT
OF ONE THOUSAND DOLLARS ($1,000) MULTIPLIED BY THE POSITIVE  DIFFERENCE,
IF  ANY  OF THE LIMITED ENGLISH PROFICIENT COUNT FOR THE BASE YEAR MINUS
THE LIMITED ENGLISH PROFICIENT COUNT FOR  THE  TWO  THOUSAND  EIGHT--TWO
THOUSAND  NINE  SCHOOL  YEAR MULTIPLIED BY SUCH DISTRICT'S EXTRAORDINARY
NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE  OF
THIS SECTION; AND
  (V)  FOR  A  SCHOOL  DISTRICT  FOR WHICH THE QUOTIENT OF THE NUMBER OF
PERSONS AGED FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON  THE
MOST  RECENT  DECENNIAL  CENSUS  AS  TABULATED BY THE NATIONAL CENTER ON
EDUCATION STATISTICS, WHO WERE ENROLLED  IN  PUBLIC  SCHOOLS  AND  WHOSE
FAMILIES  HAD  INCOMES  BELOW  THE  POVERTY  LEVEL, DIVIDED BY THE TOTAL
NUMBER OF PERSONS AGED FIVE TO SEVENTEEN  WITHIN  THE  SCHOOL  DISTRICT,
BASED  ON  SUCH  DECENNIAL  CENSUS, WHO WERE ENROLLED IN PUBLIC SCHOOLS,
COMPUTED TO FOUR DECIMALS WITHOUT ROUNDING IS  GREATER  THAN  TWENTY-TWO

A. 8556--C                          8

PERCENT  (0.22),  THE  PRODUCT OF THREE HUNDRED AND FIFTY DOLLARS ($350)
MULTIPLIED BY THE POSITIVE DIFFERENCE, IF ANY OF THE  BASE  YEAR  PUBLIC
SCHOOL  DISTRICT  ENROLLMENT,  AS  COMPUTED  PURSUANT  TO PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MINUS THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN  PUBLIC SCHOOL DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO PARA-
GRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND
  (VI) FOR A SCHOOL DISTRICT OTHER THAN A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION IN EXCESS OF ONE MILLION FOR WHICH (1) THE  QUOTIENT
OF  THE  TWO  THOUSAND  THIRTEEN--TWO  THOUSAND FOURTEEN GAP ELIMINATION
ADJUSTMENT DIVIDED BY THE  TOTAL  GENERAL  FUND  EXPENDITURES  FOR  SUCH
DISTRICT  FOR  THE  BASE YEAR EXCEEDS ONE AND SIX-TENTHS PERCENT (0.016)
AND (2) THE COMBINED WEALTH RATIO FOR SUCH DISTRICT IS LESS THAN ONE AND
ONE TENTH (1.1), THE PRODUCT OF EIGHT DOLLARS ($8.00) MULTIPLIED BY  THE
BASE  YEAR  PUBLIC  SCHOOL  DISTRICT ENROLLMENT, AS COMPUTED PURSUANT TO
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND
  (VII) THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS  "GEA  RESTORA-
TION"  UNDER  THE  HEADING  "2014-15  ESTIMATED  AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE  BUDGET  REQUEST SUBMITTED FOR THE TWO THOUSAND FOURTEEN--TWO THOU-
SAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5".
  PROVIDED FURTHER, NOTWITHSTANDING  ANY PORTION OF  THIS  PARAGRAPH  TO
THE CONTRARY, THAT THE SUM OF SUBPARAGRAPHS (I), (II), (III), (IV), (V),
(VI) AND (VII) SHALL NOT EXCEED THE PRODUCT OF SUCH DISTRICT'S GAP ELIM-
INATION  ADJUSTMENT  FOR  THE  BASE YEAR MULTIPLIED BY THE FISCAL STRESS
PERCENTAGE.
  FOR THE PURPOSE OF THIS PARAGRAPH, "FISCAL  STRESS  PERCENTAGE"  SHALL
MEAN  (1)  FOR  A DISTRICT IDENTIFIED IN THE REPORT PUBLISHED BY THE NEW
YORK STATE OFFICE OF THE STATE COMPTROLLER ENTITLED "FISCAL STRESS MONI-
TORING SYSTEM SCHOOL DISTRICTS IN STRESS FISCAL YEARS  ENDING  2013"  AS
"SIGNIFICANT  STRESS"  SUCH  PERCENTAGE  SHALL  BE  SEVENTY-FIVE PERCENT
(0.75), (2) FOR A DISTRICT IDENTIFIED IN THE REPORT PUBLISHED BY THE NEW
YORK STATE OFFICE OF THE STATE COMPTROLLER ENTITLED "FISCAL STRESS MONI-
TORING SYSTEM SCHOOL DISTRICTS IN STRESS FISCAL YEARS  ENDING  2013"  AS
"MODERATE STRESS" SUCH PERCENTAGE SHALL BE SIXTY PERCENT (0.60), (3) FOR
A  CITY  SCHOOL  DISTRICT OF A CITY HAVING A POPULATION IN EXCESS OF ONE
HUNDRED TWENTY-FIVE THOUSAND AND LESS THAN ONE  MILLION,  SIXTY  PERCENT
(0.60), (4) FOR ALL OTHER SCHOOL DISTRICTS FORTY-FIVE PERCENT (0.45).
  (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT  RESTORATION  ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  3.   Subdivision 4 of section 3602 of the education law, as amended
by section 26 of part A of chapter 58 of the laws of 2011,  the  opening
paragraph, paragraph a and paragraph b as amended by section 8-a of part
A of chapter 57 of the laws of 2013, paragraph b-1 as amended by section
10  of  part  A of chapter 97 of the laws of 2011, is amended to read as
follows:
  4. Total foundation aid.   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 foundation formula aid, provided, however that
for the two thousand seven--two  thousand  eight  through  two  thousand

A. 8556--C                          9

eight--two  thousand nine 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 for the two thousand twelve--two thousand  thirteen  school
year, 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 eleven--two thousand twelve school year  computed  pursuant  to
paragraph  j of subdivision one of this section, plus the phase-in foun-
dation increase computed pursuant to paragraph b  of  this  subdivision,
and  provided  further  that for the two thousand thirteen--two thousand
fourteen school year and thereafter, no school  district  shall  receive
total  foundation  aid  in excess of the sum of the total foundation aid
base computed pursuant  to  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  founda-
tion  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 the due-minimum percent which shall be, for the two thousand twelve-
-two thousand thirteen school year, one hundred and  six-tenths  percent
(1.006)  and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those  cities  having  populations  in
excess  of  one  hundred  twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred  and  seventy-six  thou-
sandths  percent  (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), AND FOR  THE  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND  FIFTEEN  SCHOOL  YEAR  ONE  HUNDRED  AND  NINE-TENTHS  PERCENT
(1.009), subject to allocation pursuant to the provisions of subdivision
eighteen of this section and any provisions of a chapter of the laws  of
New  York  as described therein, nor more than the product of such total
foundation aid base  and  one  hundred  fifteen  percent,  and  provided
further  that  for  the  two thousand nine--two thousand ten 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

A. 8556--C                         10

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
dollars, and provided further that for the two thousand seven--two thou-
sand  eight  through  two  thousand fifteen--two thousand sixteen school
years, the foundation amount shall be further adjusted by  the  phase-in
foundation  percent established pursuant to paragraph b of this subdivi-
sion.
  (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

A. 8556--C                         11

more than ninety-five percent (0.95) for  the  two  thousand  eight--two
thousand  nine school year, and provided further that such income wealth
index shall not be less than zero for  the  two  thousand  thirteen--two
thousand  fourteen  school  year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of  this  section.
Total  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 positive difference, if any, of (i) the product of the
total aidable  foundation  pupil  units  multiplied  by  the  district's
selected foundation aid less (ii) the total foundation aid base [for aid
payable  in  the  two  thousand eleven--two thousand twelve school year]
computed pursuant to paragraph j of subdivision one of this section.
  (2) The phase-in foundation percent shall equal one  hundred  thirteen
and  fourteen  one  hundredths  percent  (1.1314)  for  the two thousand
eleven--two thousand twelve school year, one  hundred  ten  and  thirty-
eight hundredths percent (1.1038) for the two thousand twelve--two thou-
sand  thirteen school year, one hundred seven and sixty-eight hundredths
percent (1.0768) for the two thousand  thirteen--two  thousand  fourteen
school  year,  one  hundred five and six hundredths percent (1.0506) for
the two thousand fourteen--two thousand fifteen  school  year,  and  one
hundred  two  and  five  tenths  percent  (1.0250)  for the two thousand
fifteen--two thousand sixteen school year.
  For the two thousand eleven--two  thousand  twelve  school  year,  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
nineteen and forty-one hundredths percent (0.1941), for the two thousand
twelve--two  thousand  thirteen  school  year  the  phase-in  foundation
increase factor shall equal one and seven-tenths  percent  (0.017),  for
the  two thousand thirteen--two thousand fourteen school year the phase-
in foundation increase factor shall equal (1) for a city school district
in a city having a population of one million or more, five  and  twenty-
three  hundredths percent (0.0523) or (2) for all other school districts
zero percent, [and] for the two thousand fourteen--two thousand  fifteen
school  year THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL (1) FOR
A SCHOOL DISTRICT FOR WHICH THE QUOTIENT OF THE NUMBER OF  PERSONS  AGED
FIVE  TO  SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON THE MOST RECENT
DECENNIAL CENSUS AS  TABULATED  BY  THE  NATIONAL  CENTER  ON  EDUCATION
STATISTICS,  WHO  WERE ENROLLED IN PUBLIC SCHOOLS AND WHOSE FAMILIES HAD
INCOMES BELOW THE POVERTY LEVEL, DIVIDED BY THE TOTAL NUMBER OF  PERSONS
AGED  FIVE TO SEVENTEEN WITHIN THE SCHOOL DISTRICT, BASED ON SUCH DECEN-
NIAL CENSUS, WHO WERE ENROLLED IN PUBLIC SCHOOLS, COMPUTED TO FOUR DECI-
MALS WITHOUT ROUNDING IS GREATER THAN TWENTY-FIVE PERCENT (0.25) AND THE
POSITIVE DIFFERENCE, IF ANY, OF THE BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MINUS THE TWO THOUSAND TEN--TWO THOUSAND
ELEVEN PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPAR-
AGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION IS  GREATER
THAN  FIFTY,  SIX AND SIXTY-SEVEN HUNDREDTHS PERCENT (0.0667) OR (2) FOR
ALL OTHER SCHOOL DISTRICTS FIVE  AND  SEVENTY-THREE  HUNDREDTHS  PERCENT
(0.0573),  AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR and thereafter the commissioner shall annually determine the phase-
in foundation increase factor subject  to  allocation  pursuant  to  the
provisions of subdivision eighteen of this section and any provisions of
a chapter of the laws of New York as described therein.

A. 8556--C                         12

  b-1.  Notwithstanding  any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year  and  thereafter,
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  section
seventeen hundred eighteen of this chapter.
  c.  Public  excess  cost  aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal  to  the  product  of:  (i)  the
difference  between  the  amount  the  school  district  was eligible 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 para-
graph 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 aid
setaside shall be paid pursuant to section thirty-six hundred nine-b  of
this part.
  S 3-a.  Multi year plan. For the 2016--2017 school year the sum of the
apportionments  due and owing school districts and boards of cooperative
educational services from general support for public schools shall be no
less than $24,100,000,000 and for the 2017--2018 school year such appor-
tionments shall be no less than $25,300,000,000 subject  to  the  avail-
ability  of  appropriations. Such amounts shall be used to eliminate the
gap elimination adjustment, accelerate the phase-in  of  the  foundation
aid  formula, continue the expansion of full-day universal prekindergar-
ten and to fully  fund  apportionments  pursuant  to  section  3602  and
section  3641  of  the education law. Additional revenue from commercial
gaming may also be made available to supplement apportionments to school
districts for the purposes identified in this section.
  S 4. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  14 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, "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 appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  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  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-

A. 8556--C                         13

vision 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 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. For aid payable in the two thousand thirteen--two
thousand fourteen school year, reference to such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts [entitled
"SA131-4"] PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE  TWO  THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN AID TO LOCALITIES BUDGET.
  S 4-a. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of
section  3602 of the education law, as amended by section 13-a of part A
of chapter 57 of the laws of 2013, is amended to read as follows:
  (c) At the end of each ten year segment  of  an  assumed  amortization
established  pursuant to subparagraphs two, three and four of this para-
graph, or in the [two thousand fourteen --  two  thousand  fifteen]  TWO
THOUSAND  FIFTEEN  --  TWO  THOUSAND  SIXTEEN school year in the case of
assumed amortizations whose ten year segment ends prior to  such  school
year,  the  commissioner shall revise the remaining scheduled semiannual
payments of the outstanding principal and interest of such assumed amor-
tization, other than the outstanding principal and interest of refunding
bonds where the district can demonstrate to the commissioner that it  is
precluded  by  state or federal law, rule or regulation from refinancing
such outstanding principal and interest, based  on  the  interest  rates
applicable  for  the current year if the difference of the interest rate
upon which the existing assumed amortization is based minus such  inter-
est rate applicable for the current year is equal to or greater than one
quarter  of  one-one hundredth. Provided however, in the case of assumed
amortization whose ten year segment ended prior  to  the  [two  thousand
fourteen  --  two thousand fifteen] TWO THOUSAND FIFTEEN -- TWO THOUSAND
SIXTEEN school year the  next  ten  year  segment  shall  be  deemed  to
commence  with  the  [two thousand fourteen -- two thousand fifteen] TWO
THOUSAND FIFTEEN -- TWO THOUSAND SIXTEEN  school  year.  The  department
shall  notify  school districts of projects subject to the provisions of
this clause by no later than December first next  preceding  the  school
year in which the assumed amortization is scheduled to be revised pursu-
ant to this clause.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, 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

A. 8556--C                         14

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  thirteen--two  thousand  fourteen]  TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S 3613. SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY  TAX  RATES.
1.  WHEN  TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE PURSUANT TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE  OF
THIS  CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE, THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
AREAS SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE  REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARDS  OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS PARTICIPAT-
ING IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT  DEFERRED
FOR  A  ONE-YEAR  PERIOD AND/OR PHASED-IN OVER A PERIOD AS MAY BE DETER-
MINED BY THE BOARDS OF EDUCATION OR TRUSTEES OF ALL PARTICIPATING SCHOOL
DISTRICTS IN THE MANNER PRESCRIBED BY THIS SECTION BUT WHICH  SHALL  NOT
EXCEED A TEN-YEAR PERIOD.  TO EXERCISE SUCH OPTION, THE BOARDS OF EDUCA-
TION OR TRUSTEES OF ALL PARTICIPATING SCHOOL DISTRICTS, AFTER CONDUCTING
A  PUBLIC HEARING, MAY ADOPT A RESOLUTION AT LEAST FORTY-FIVE DAYS PRIOR
TO THE SPECIAL DISTRICT MEETING AT WHICH THE REORGANIZATION VOTE WILL BE
HELD, TO DEFER AND/OR PHASE-IN THE IMPACT AS  PROVIDED  HEREIN.  IF  THE
BOARD OF EDUCATION OR TRUSTEES OF ANY PARTICIPATING SCHOOL DISTRICT DOES
NOT  APPROVE  SUCH A RESOLUTION OPTING FOR A COMMON PHASE-IN PERIOD, THE
PROVISIONS OF THIS SECTION SHALL NOT APPLY.
  2. DURING THE ONE-YEAR DEFERRAL PERIOD, THE TAX RATE FOR EACH  PORTION
OF THE SCHOOL DISTRICT SHALL BE CALCULATED IN THE FOLLOWING MANNER:
  (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
TOOK EFFECT.
  (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT.
  (C) DIVIDE THE PRODUCT SO DETERMINED BY THE  STATE  EQUALIZATION  RATE
APPLICABLE  TO  THE PORTION FOR THE FIRST SCHOOL YEAR OF THE REORGANIZED
SCHOOL DISTRICT. THE QUOTIENT IS THE ASSESSED VALUE  TAX  RATE  FOR  THE
PORTION  FOR  THAT  SCHOOL  YEAR.  PROVIDED, THAT IF THE SUM OF THE REAL
PROPERTY TAX LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING
THE ASSESSED VALUE TAX RATES  COMPUTED  PURSUANT  TO  THIS  SUBDIVISION,
WOULD  YIELD  A  REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE TOTAL
REAL PROPERTY TAX LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET  FOR  THE
CURRENT SCHOOL YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED
OR  INCREASED PROPORTIONATELY SO AS TO YIELD THE SPECIFIED REAL PROPERTY
TAX LEVY AMOUNT.

A. 8556--C                         15

  3. DURING EACH YEAR OF A PHASE-IN PERIOD, WHOSE  DURATION  UP  TO  TEN
YEARS  SHALL HAVE BEEN DETERMINED BY THE BOARDS OF EDUCATION OR TRUSTEES
OF THE CONSTITUENT SCHOOL DISTRICTS, THE TAX RATE FOR  EACH  PORTION  OF
THE  REORGANIZED  SCHOOL  DISTRICT  SHALL BE CALCULATED IN THE FOLLOWING
MANNER:
  (A)  DETERMINE THE ASSESSED VALUE TAX RATE THAT APPLIED FOR THE SCHOOL
YEAR IMMEDIATELY PRECEDING THE SCHOOL YEAR IN WHICH  THE  REORGANIZATION
TOOK EFFECT.
  (B)  MULTIPLY  THAT  ASSESSED VALUE TAX RATE BY THE STATE EQUALIZATION
RATE APPLICABLE TO THE PORTION FOR THE SCHOOL YEAR IMMEDIATELY PRECEDING
THE SCHOOL YEAR IN WHICH THE REORGANIZATION TOOK EFFECT. THE  RESULT  IS
THE BASE FULL VALUE TAX RATE OF THE PORTION.
  (C)  DETERMINE  THE ASSESSED VALUE TAX RATE THAT WOULD HAVE APPLIED IN
THE PORTION BUT FOR THE PROVISIONS OF THIS SECTION.
  (D) MULTIPLY THAT ASSESSED VALUE TAX RATE BY  THE  STATE  EQUALIZATION
RATE  THAT  WOULD  HAVE  APPLIED FOR THE CURRENT SCHOOL YEAR BUT FOR THE
PROVISIONS OF THIS SECTION. THE RESULT IS THE TARGET FULL VALUE TAX RATE
FOR THE PORTION.
  (E) DETERMINE THE DIFFERENCE BETWEEN THE TARGET FULL  VALUE  TAX  RATE
AND THE BASE FULL VALUE TAX RATE FOR THE PORTION.
  (F)  DIVIDE  THE DIFFERENCE SO DETERMINED BY THE TOTAL NUMBER OF YEARS
IN THE PHASE-IN PERIOD APPLICABLE TO THE SCHOOL DISTRICT.
  (G) MULTIPLY THE QUOTIENT SO DETERMINED BY THE NUMBER  OF  YEARS  FROM
THE  BEGINNING  OF  THE PHASE-IN PERIOD UP TO AND INCLUDING THE YEAR FOR
WHICH THE TAX RATE IS BEING DETERMINED.
  (H) ADD THE PRODUCT SO DETERMINED TO THE BASE FULL VALUE TAX RATE.
  (I) DIVIDE THE SUM SO DETERMINED BY THE APPLICABLE EQUALIZATION  RATE.
THE  QUOTIENT  IS  THE  ASSESSED  VALUE TAX RATE FOR THE PORTION FOR THE
CURRENT SCHOOL YEAR. PROVIDED, THAT IF THE SUM OF THE REAL PROPERTY  TAX
LEVIES IN ALL OF THE PORTIONS IN THE SCHOOL DISTRICT, USING THE ASSESSED
VALUE  TAX  RATES  COMPUTED  PURSUANT TO THIS SUBDIVISION, WOULD YIELD A
REAL PROPERTY TAX LEVY THAT IS ABOVE OR BELOW THE  TOTAL  REAL  PROPERTY
TAX  LEVY SPECIFIED IN THE SCHOOL DISTRICT BUDGET FOR THE CURRENT SCHOOL
YEAR, THE ASSESSED VALUE TAX RATES SHALL ALL BE DECREASED  OR  INCREASED
PROPORTIONATELY  SO  AS  TO  YIELD  THE SPECIFIED REAL PROPERTY TAX LEVY
AMOUNT.
  4. AS USED HEREIN THE TERM "PORTION" MEANS THAT PART OF  AN  ASSESSING
UNIT LOCATED WITHIN A SCHOOL DISTRICT.
  S 7. Section 3627 of the education law, as added by section 23 of part
A of chapter 57 of the laws of 2013, is amended to read as follows:
  S  3627.  Transportation  after  4pm.  1.  Notwithstanding  any  other
provisions of this section to the contrary, for the two  thousand  thir-
teen--two  thousand  fourteen  AND  TWO  THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN school year AND EACH YEAR THEREAFTER,  a  city  school  district
located  in  a city having a population of one million or more providing
transportation pursuant to this chapter shall be responsible for:
  (a) providing transportation for those children attending  public  and
nonpublic  schools  in grades kindergarten through six who remain at the
same school for which they are enrolled for regularly scheduled academic
classes from half-past nine o'clock in the morning or earlier until four
o'clock in the afternoon or later, on weekdays, and reside at least  one
mile  from  their school of attendance for grades three through six, and
at least one-half mile  from  their  school  of  attendance  for  grades
kindergarten through two or
  (b)  reimbursing the cost incurred by licensed transportation carriers
pursuant to contracts with such school district for providing  transpor-

A. 8556--C                         16

tation  for  those  children  attending  public and nonpublic schools in
grades kindergarten through six who remain at the same school for  which
they  are  enrolled  for regularly scheduled academic classes from half-
past  nine  o'clock  in the morning or earlier until four o'clock in the
afternoon or later, on weekdays, and reside at least one mile from their
school of attendance for grades three through six, and at least one-half
mile from their school of attendance  for  grades  kindergarten  through
two.
  2.  Nothing herein shall prohibit the school district from reimbursing
for costs incurred for contracts between the  school  district  and  any
entity providing or contracting for such transportation service.
  3.  A  district  shall  not be deemed to have satisfied its obligation
under this section by providing public service transportation.
  4. Notwithstanding any other provision of law  to  the  contrary,  any
expenditures for transportation provided pursuant to this section in the
two  thousand thirteen--two thousand fourteen AND TWO THOUSAND FOURTEEN-
-TWO THOUSAND FIFTEEN school year AND THEREAFTER and otherwise  eligible
for  transportation aid pursuant to subdivision seven of section thirty-
six hundred two of this article shall be considered approved transporta-
tion expenses eligible for transportation  aid,  provided  further  that
such  aid shall be limited to five million six hundred thousand dollars.
And provided further that such expenditures eligible for aid under  this
section shall supplement not supplant local expenditures for such trans-
portation in the two thousand twelve--two thousand thirteen school year.
  5.  Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required  to  incur  any  costs  in
excess  of the amount eligible for transportation aid pursuant to subdi-
vision four of this section. In the event such amount  is  insufficient,
the  city  school  district  of  New  York  shall provide transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
  6. The chancellor of such school district, in  consultation  with  the
commissioner,  shall prescribe the most cost effective system for imple-
menting the requirements of this section, taking into consideration: (a)
the costs associated with paragraphs (a) and (b) of subdivision  one  of
this  section,  and (b) policies that attempt to maximize student safety
for the student to be transported, which for purposes  of  this  section
shall include whether the pick up or drop off site of the transportation
is:
  (i) not further than 600 feet from the student's residence; and/or
  (ii)  at  the  same locations for any family that have children at the
same residence who attend two or more different schools.
  7. (a) In the event the chancellor  has  not  satisfied  a  district's
obligation  under  this  section,  a parent or guardian or any represen-
tative authorized by such parent or guardian  of  a  child  eligible  to
receive  transportation  under this section may request the commissioner
to arrange for the provision of the transportation  to  so  satisfy  the
requirements of this section.
  (b)  If within sixty days of receiving a request from such a parent or
guardian or any representative authorized by such  parent  or  guardian,
the  commissioner  determines  that  the  chancellor has not satisfied a
district's obligation under this section, then  the  commissioner  shall
immediately  direct the chancellor to contract with a licensed transpor-
tation carrier to provide the transportation required pursuant  to  this
section.

A. 8556--C                         17

  (c)  In  the  event  the chancellor is directed by the commissioner to
contract with a licensed transportation carrier to provide the transpor-
tation required pursuant to this section, the chancellor  shall  provide
the  commissioner  with  a  copy  of  such  proposed contract, before it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
  (d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
  8.  The  parent  or guardian, or any representative authorized by such
parent or guardian, may submit  a  written  request  for  transportation
under  this  section,  in the same manner and upon the same dates as are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.
  S 8.  Subdivision 11 of section 3641 of the education law  is  amended
by adding a new paragraph b-1 to read as follows:
  B-1.  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR,
SIX MILLION DOLLARS SHALL BE PAID PURSUANT TO PARAGRAPH B OF THIS SUBDI-
VISION AND THE REMAINING SIX MILLION DOLLARS SHALL  BE  PAID  AFTER  THE
SUBMISSION OF AN EXPENDITURE PLAN BY THE SUPERINTENDENT OF THE ROOSEVELT
UNION FREE SCHOOL DISTRICT TO THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY
PRESIDENT  OF THE SENATE AND THE MEMBERS OF THE LEGISLATURE REPRESENTING
SUCH SCHOOL DISTRICT.   SUCH PLAN  SHALL  FOCUS  ON  IMPROVING  ACADEMIC
PERFORMANCE.
  S 8-a. Paragraph (t) of subdivision 2 of section 2851 of the education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (t) Procedures to be followed in the case of the  closure  or  dissol-
ution  of  the  charter school, including provisions for the transfer of
students and student records to the school district in which the charter
school is located and for the disposition of the school's assets to  the
school  district in which the charter school is located or another char-
ter school located within the school district. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW OR OF A CHARTER TO THE CONTRARY, SUCH PROCEDURES  SHALL
ENSURE THAT UPON DISSOLUTION OF A CHARTER SCHOOL, ANY FUNDS REMAINING IN
THE  POSSESSION  OF  THE CHARTER SCHOOL THAT CAN BE ATTRIBUTED TO PUBLIC
FUNDING, AFTER ALL OF ITS DEBTS AND OBLIGATIONS HAVE BEEN PAID, SHALL BE
PAID OVER TO EACH SCHOOL DISTRICT HAVING RESIDENT CHILDREN SERVED BY THE
CHARTER SCHOOL IN THE SCHOOL YEAR IN WHICH THE CHARTER WAS DISSOLVED  OR
THE  LAST YEAR IN WHICH STUDENTS WERE ENROLLED IN THE CHARTER SCHOOL, IN
THE SAME PROPORTION AS THE NUMBER OF  STUDENTS  PLACED  BY  EACH  SCHOOL
DISTRICT  AND  SERVED  BY  THE CHARTER SCHOOL IN THE LAST SCHOOL YEAR IN
WHICH CHILDREN WERE SERVED BY THE CHARTER SCHOOL,  BEARS  TO  THE  TOTAL
NUMBER  OF  STUDENTS  SERVED  BY THE CHARTER SCHOOL IN SUCH SCHOOL YEAR.
PROVIDED, HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED
TO REQUIRE A CHARTER SCHOOL TO PAY TO SUCH DISTRICTS ANY REMAINING FUNDS
THAT  CAN  BE ATTRIBUTED TO GIFTS, DONATIONS, GRANTS OR OTHER AUTHORIZED
CHARITABLE CONTRIBUTIONS.
  S 8-b. Subdivision 41 of section 3602 of the education law,  as  added
by  section 18 of part B of chapter 57 of the laws of 2007, the subdivi-
sion heading and opening paragraph as amended by section 20 of part B of
chapter 57 of the laws of 2008, is amended to read as follows:
  41. Transitional aid for charter school payments. A.  In  addition  to
any  other apportionment under this section, for the two thousand seven-
-two thousand eight school year and thereafter, a school district  other

A. 8556--C                         18

than a city school district in a city having a population of one million
or more shall be eligible for an apportionment in an amount equal to the
sum of:
  (a) the product of (i) the product of eighty percent multiplied by the
charter  school  basic tuition computed for such school district for the
base year pursuant to section twenty-eight  hundred  fifty-six  of  this
chapter,  multiplied  by  (ii)  the  positive difference, if any, of the
number of resident pupils enrolled in the charter  school  in  the  base
year  less the number of resident pupils enrolled in a charter school in
the year prior to the  base  year,  provided,  however,  that  a  school
district  shall be eligible for an apportionment pursuant to this [para-
graph] CLAUSE only if the number of  its  resident  pupils  enrolled  in
charter  schools in the base year exceeds two percent of the total resi-
dent public school district enrollment of such school  district  in  the
base  year  or  the total general fund payments made by such district to
charter schools in the base year for resident pupils enrolled in charter
schools exceeds two percent of total general fund expenditures  of  such
district in the base year, plus
  (b)  the product of (i) the product of sixty percent multiplied by the
charter school basic tuition computed for such school district  for  the
base  year  pursuant  to  section twenty-eight hundred fifty-six of this
chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
number  of  resident  pupils  enrolled in the charter school in the year
prior to the base year less the number of resident pupils enrolled in  a
charter  school  in the year two years prior to the base year, provided,
however, that a school district shall be eligible for  an  apportionment
pursuant  to  this [paragraph] CLAUSE only if the number of its resident
pupils enrolled in charter schools in the year prior to  the  base  year
exceeds two percent of the total resident public school district enroll-
ment  of  such school district in the year prior to the base year or the
total general fund payments made by such district to charter schools  in
the  year prior to the base year for resident pupils enrolled in charter
schools exceeds two percent of the total general  fund  expenditures  of
such district in the year prior to the base year, plus
  (c)  the product of (i) the product of forty percent multiplied by the
charter school basic tuition computed for such school district  for  the
base  year  pursuant  to  section twenty-eight hundred fifty-six of this
chapter, multiplied by (ii) the positive  difference,  if  any,  of  the
number of resident pupils enrolled in the charter school in the year two
years prior to the base year less the number of resident pupils enrolled
in  a  charter  school  in  the year three years prior to the base year,
provided, however, that a school  district  shall  be  eligible  for  an
apportionment  pursuant to this [paragraph] CLAUSE only if the number of
its resident pupils enrolled in charter schools in the  year  two  years
prior  to the base year exceeds two percent of the total resident public
school district enrollment of such school district in the year two years
prior to the base year or the total general fund payments made  by  such
district to charter schools in the year two years prior to the base year
for  resident  pupils enrolled in charter schools exceeds two percent of
the total general fund expenditures of such district  in  the  year  two
years prior to the base year, PLUS
  (D)  FOR  A TIER 4 ELIGIBLE SCHOOL DISTRICT, THE PRODUCT OF THE NUMBER
OF RESIDENT PUPILS ENROLLED IN THE CHARTER  SCHOOL  FOR  THE  BASE  YEAR
MULTIPLIED BY THE SATURATION CHARTER TUITION AMOUNT.
  B.  FOR  THE  PURPOSES  OF  THIS SUBDIVISION A "TIER 4 ELIGIBLE SCHOOL
DISTRICT" SHALL BE A SCHOOL DISTRICT WITH GREATER THAN ONE THOUSAND BASE

A. 8556--C                         19

YEAR RESIDENT PUPILS ENROLLED IN A CHARTER SCHOOL WHERE THE QUOTIENT  OF
THE BASE YEAR RESIDENT PUPILS ENROLLED IN CHARTER SCHOOLS DIVIDED BY THE
TOTAL RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT, IS EIGHTEEN PERCENT OR
MORE,  BASED  ON  DATA ON FILE WITH THE COMMISSIONER AND IN THE DATABASE
USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA  FILE  ON
FEBRUARY  FIFTEENTH OF THE BASE YEAR PURSUANT TO PARAGRAPH B OF SUBDIVI-
SION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  C. FOR THE  PURPOSES  OF  THIS  SUBDIVISION  THE  "SATURATION  CHARTER
TUITION  AMOUNT" SHALL BE THIRTEEN PERCENT (.13) MULTIPLIED BY THE CHAR-
TER SCHOOL BASIC TUITION COMPUTED FOR SUCH SCHOOL DISTRICT FOR THE  BASE
YEAR MULTIPLIED BY THE STATE SHARING RATIO AS COMPUTED PURSUANT TO PARA-
GRAPH G OF SUBDIVISION THREE OF THIS SECTION.
  [(d)]  D.  For  purposes  of  this  subdivision  the  number of pupils
enrolled in a charter school shall not  include  pupils  enrolled  in  a
charter  school  for  which the charter was approved by a charter entity
contained in paragraph a of subdivision three  of  section  twenty-eight
hundred fifty-one of this chapter.
  S 8-c. Paragraph (a) of subdivision 1 of section 2856 of the education
law,  as  amended  by  section  5 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the
charter school who resides in the school  district  the  charter  school
basic tuition, which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the [two thousand  thirteen--
two  thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND FIFTEEN
school year, an amount equal to one hundred percent of the amount calcu-
lated 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 subdi-
vision one of section thirty-six hundred two of this  chapter  from  two
years prior to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph; AND
  (IV)  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR,
THE CHARTER SCHOOL BASIC TUITION  SHALL  BE  THE  LESSER  OF  THE  BASIC
TUITION  COMPUTED  FOR  THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR
THE AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION  FOR
THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR.

A. 8556--C                         20

  S 8-d. Paragraph (a) of subdivision 1 of section 2856 of the education
law,  as  amended  by  section  6 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance  and,  if  applicable,  count  of
students  with  disabilities  of  the school district in which the pupil
resides. The charter school shall report all such  data  to  the  school
districts  of  residence  in a timely manner. Each school district shall
report such enrollment, attendance and count of students with  disabili-
ties  to  the  department.  The  school  district of residence shall pay
directly to the charter school for each student enrolled in the  charter
school  who  resides  in  the  school  district the charter school basic
tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school  year and for school years following the [two thousand thirteen--
two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
school year, an amount equal to one hundred percent of the amount calcu-
lated  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  subdi-
vision  one  of  section thirty-six hundred two of this chapter from two
years prior to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through two  thou-
sand  thirteen--two  thousand  fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the  two  thousand
ten--two  thousand  eleven  school  year  pursuant  to the provisions of
subparagraph (i) of this paragraph; AND
  (IV) FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEAR,
THE  CHARTER  SCHOOL  BASIC  TUITION  SHALL  BE  THE LESSER OF THE BASIC
TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO  THOUSAND  ELEVEN  SCHOOL
YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR
THE  AMOUNT PAYABLE BY SUCH DISTRICT AS CHARTER SCHOOL BASIC TUITION FOR
THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 21 of part A of chapter 57 of the laws of 2013,  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 [fourteen] FIFTEEN of the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year, be authorized to increase class sizes in special classes  contain-
ing  students with disabilities whose age ranges are equivalent to those
of students in middle and secondary schools as defined  by  the  commis-

A. 8556--C                         21

sioner  for  purposes of this section by up to but not to exceed one and
two tenths times the applicable maximum class size  specified  in  regu-
lations  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 10.  Notwithstanding any other law to the  contrary,  tuition  rates
approved pursuant to paragraph c of subdivision 4 of section 4405 of the
education  law  for  the  2014--2015 school year for special services or
programs provided to school-age students by approved private residential
or non-residential schools for the education of students with  disabili-
ties  that  are  located  within  the  state,  and by special act school
districts shall increase by an amount equal to 3 percent of direct  care
costs.
  S  10-a.  Notwithstanding any other law to the contrary, tuition rates
approved pursuant to paragraph c of subdivision 4 of section 4405 of the
education law for  the  two  thousand  sixteen--two  thousand  seventeen
school  year  for  special  services  or programs provided to school-age
students by approved private residential or non-residential schools  for
the  education of students with disabilities that are located within the
state, and by special act school districts shall increase by  an  amount
equal to three percent of direct care costs.
  S  11.  Subparagraph  (i)  of paragraph a of subdivision 10 of section
4410 of the education law, as amended by chapter 82 of the laws of 1995,
is amended to read as follows:
  (i) (A) Commencing with the nineteen hundred ninety--ninety-one school
year, the commissioner shall annually determine  the  tuition  rate  for
approved services or programs provided to preschool children pursuant to
this  section.  Such  rates  for providers of such services and programs
shall be determined in conformance with a methodology established pursu-
ant to subdivision four of section forty-four hundred five of this arti-
cle after consultation with and a review of an annual report prepared by
the advisory committee established pursuant to paragraph a  of  subdivi-
sion  twelve of this section and shall be subject to the approval of the
director of the budget. Notwithstanding any other provision of law, rule
or regulation to the contrary, tuition rates established for  the  nine-
teen  hundred  ninety-five--ninety-six school year shall exclude the two

A. 8556--C                         22

percent cost of living adjustment authorized in  rates  established  for
the nineteen hundred ninety-four--ninety-five school year.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN  SCHOOL
YEAR  AND  THEREAFTER,  THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE
DIRECTOR OF THE BUDGET,  SHALL  ESTABLISH  REGIONAL  TUITION  RATES  FOR
SPECIAL  EDUCATION  ITINERANT SERVICES BASED ON APPROVED ACTUAL COSTS IN
ACCORDANCE WITH A METHODOLOGY ESTABLISHED PURSUANT TO  SUBDIVISION  FOUR
OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
  S 11-a.  Notwithstanding any provision of the law to the contrary, for
the  Liverpool  central  school  district  in Onondaga county, for total
penalties in excess of $5 million arising from  the  late  filing  of  a
final  cost report pursuant to section 31 of part A of chapter 57 of the
laws of 2012 the commissioner of education shall recover such  penalties
in  ten  equal  annual  installments beginning the later of June 2015 or
June of the school year in which such district is notified of the penal-
ty. Provided further that such district may elect  to  make  an  initial
payment  no  later  than  thirty  days  in  advance  of the first annual
installment which shall reduce the amount of each annual installment.
  S 12. 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
27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2010--2011 school year shall not exceed 62.6
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and five cents per contact hour, reimbursement] for the
2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
such  approvable  costs  per  contact hour or twelve dollars and fifteen
cents per contact hour, reimbursement for  the  2012--2013  school  year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact  hour  or twelve dollars and thirty-five cents per contact hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS PER
CONTACT HOUR where a contact hour represents sixty minutes  of  instruc-
tion  services provided to an eligible adult.  Notwithstanding any other
provision of law to the contrary, [for the 2010--2011 school  year  such
contact  hours  shall  not  exceed  one million five hundred twenty-five
thousand one hundred ninety-eight (1,525,198) hours;  whereas]  for  the
2011--2012  school  year such contact hours shall not exceed one million
seven hundred one thousand five hundred seventy (1,701,570) hours; wher-
eas for the 2012--2013 school year such contact hours shall  not  exceed
one  million  six  hundred  sixty-four  thousand five hundred thirty-two
(1,664,532) hours; whereas for the 2013--2014 school year  such  contact
hours shall not exceed one million six hundred forty-nine thousand seven
hundred  forty-six  (1,649,746) hours; WHEREAS FOR THE 2014--2015 SCHOOL
YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION SIX  HUNDRED  TWEN-
TY-FIVE THOUSAND (1,625,000) HOURS.  Notwithstanding any other provision
of law to the contrary, the apportionment calculated for the city school

A. 8556--C                         23

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 eligible for aid in accordance with
the  provisions  of such subdivision 11 of section 3602 of the education
law.
  S 13. 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 s to read as follows:
  S.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2014--2015 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
  S 14. 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 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S  14-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 25 of part A of chapter 57 of  the  laws
of 2013, is amended to read as follows:
  a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two  thousand  eleven--
two  thousand twelve through two thousand [thirteen] FOURTEEN--two thou-
sand [fourteen] FIFTEEN, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the  funds  appro-
priated  for  purposes  of  this  subdivision for the purpose of serving
persons twenty-one years of age or older who have not been  enrolled  in
any  school  for  the  preceding school year, including persons who have
received a high school diploma or high school  equivalency  diploma  but
fail  to  demonstrate basic educational competencies as defined in regu-
lation by the  commissioner,  when  measured  by  accepted  standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S 14-b. Subdivision 10 of section 6-p of the general municipal law, as
amended  by section 32-a of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  10. Notwithstanding any provision of law to the contrary, the  govern-
ing  board of a school district may, during the [two thousand thirteen--
two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
school  year,  authorize a withdrawal from this fund in an amount not to
exceed the lesser of: (a) the dollar value of excess funding in the fund
as determined by the comptroller pursuant  to  section  thirty-three  of
this  chapter  or  (b) the amount of the school district's remaining gap
elimination adjustment as calculated by the  commissioner  of  education
pursuant  to  subdivision seventeen of section thirty-six hundred two of
the education law. Funds withdrawn pursuant to this subdivision may only
be used for the purpose of maintaining  educational  programming  during
the  [two  thousand  thirteen--two thousand fourteen] TWO THOUSAND FOUR-

A. 8556--C                         24

TEEN--TWO THOUSAND FIFTEEN school year which otherwise would  have  been
reduced as a result of such 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  with-
drawal, the date of withdrawal, and the use of such withdrawn funds.
  S 15. 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 30 of part A of chapter 57 of the laws of 2013, 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, [2015] 2016.
  S  16. 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 31 of part A of chapter  57
of the laws of 2013, 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,
[2014] 2015 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] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;
  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8. "School district basic contribution" shall mean an amount equal  to
the  total  school district local property and non-property tax levy for
the base year divided by the base year public school district enrollment
of resident pupils of the school district as defined in paragraph  n  of
subdivision  one  of  section  thirty-six  hundred  two of this chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school year AND THEREAFTER,  for
school  districts  other  than  central  high school districts and their
components, such tax levy for the base year shall be divided by the year
prior to the base year pupil count as  determined  by  the  commissioner
pursuant to paragraph f of subdivision two of section thirty-six hundred
two  of this chapter for any school district in which such year prior to
the base year pupil count exceeds one hundred fifty percent of such base
year public school district enrollment of resident pupils.

A. 8556--C                         25

  S 17-a. Subdivision 11 of section 94 of part C of chapter  57  of  the
laws  of  2004,  relating to support of education, as amended by chapter
160 of the laws of 2011, is amended to read as follows:
  11.  section  seventy-one  of  this  act  shall  expire  and be deemed
repealed June 30, [2014] 2017;
  S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, 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, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to the  provisions  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  33 of part A of chapter 57 of the laws of 2013, 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, [2014] 2015.
  S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, 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, [2014] 2015.
  S 20-a. Notwithstanding any provision of the law to the contrary,  for
purposes  of  computing state aid pursuant to section 3602 of the educa-
tion law for the 2014--2015 school year for any school district in which
the adjusted gross  income  for  the  2011  calendar  year  exceeds  the
adjusted  gross  income for the 2010 calendar year by greater than fifty
percent but less than one hundred percent, "adjusted gross income" shall
mean the adjusted gross income of a school  district  for  the  calendar
year  four  years  prior  to the calendar year in which the current year
commences.  The income data shall be computed in accordance  with  regu-
lations  adopted  by the commissioner of taxation and finance based upon
personal income tax returns for the calendar year three years  prior  to
the  calendar  year  in  which  the  current  school  year commences, as
reported to such commissioner by September of the base  year,  including
the  results  of  the  permanent  computerized statewide school district
address match and income verification system.
  S 20-b.  Notwithstanding any other law to the contrary, for the  Marl-
boro  school  district  located  in  Ulster  county  for the purposes of
computing apportionments due and owing in the 2014--2015 and  2015--2016
school years "Actual valuation" shall mean the valuation of taxable real
property  in a school district obtained by taking the assessed valuation
of taxable real property within such district as  it  appears  upon  the
assessment  roll  of  the  town,  city, village, or county in which such
property is located, for the calendar year one year prior to the year in
which the base year commenced, after revision as provided  by  law,  and
dividing  it  by  the state equalization rate as determined by the state
board of equalization and assessment, for the assessment  roll  of  such
town,  city, village, or county completed during such preceding calendar
year. Such actual valuation shall include any  actual  valuation  equiv-
alent of payments in lieu of taxes determined pursuant to section 485 of

A. 8556--C                         26

the  real  property  tax law. "Selected actual valuation" shall mean the
lesser of actual valuation calculated for aid  payable  in  the  current
year  or the two-year average of the actual valuation calculated for aid
payable  in the current year and the actual valuation calculated for aid
payable in the base year.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, 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 school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  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, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible  for  a  maximum
grant  equal  to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two  thousand  nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the  amount  set forth for such school district as "UNIVERSAL PREKINDER-
GARTEN" under the heading "2011-12 ESTIMATED AIDS"  in  the  school  aid
computer  listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and  for  two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years  each  school district shall be eligible for a maximum grant equal
to the greater of (i) the amount set forth for such school  district  as
"UNIVERSAL  PREKINDERGARTEN"  under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer  listing  produced  by  the  commissioner  in
support  of  the enacted budget for the 2011-12 school year and entitled
"SA111-2", or (ii) the amount set forth  for  such  school  district  as
"UNIVERSAL  PREKINDERGARTEN"  under the heading "2010-11 BASE YEAR AIDS"
in the school aid computer listing produced by the commissioner  on  May
fifteenth,  two  thousand  eleven pursuant to paragraph b of subdivision
twenty-one of section three hundred five of this chapter,  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  21-a.  Section 3641 of the education law is amended by adding a new
subdivision 16 to read as follows:
  16. FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY  PRE-KINDERGARTEN  PHASE-IN
GRANTS. WITHIN THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE THE COMMISSION-
ER SHALL AWARD GRANTS TO SCHOOL DISTRICTS TO EXPAND PRE-KINDERGARTEN AND
FULL-DAY  KINDERGARTEN. A.  GRANTS MAY BE AWARDED TO ESTABLISH NEW FULL-
DAY AND/OR TO CONVERT EXISTING HALF-DAY PRE-KINDERGARTEN  PLACEMENTS  OR
HALF-DAY  KINDERGARTEN  PLACEMENTS  INTO  FULL-DAY  PLACEMENTS; PROVIDED
THAT:

A. 8556--C                         27

  (1) GRANTS AWARDED FOR THE CREATION OF NEW  FULL-DAY  PRE-KINDERGARTEN
PLACEMENTS  OR  THE  CONVERSION  OF  EXISTING  HALF-DAY PRE-KINDERGARTEN
PLACEMENTS INTO FULL-DAY PRE-KINDERGARTEN PLACEMENTS SHALL  CONTINUE  IN
SUBSEQUENT SCHOOL YEARS SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS;
  (2)  GRANTS NOT AWARDED FROM ANNUAL ALLOCATIONS SHALL REMAIN AVAILABLE
FOR SUBSEQUENT AWARDS FOR FULL-DAY PRE-KINDERGARTEN OR FULL-DAY  KINDER-
GARTEN CONVERSION GRANTS IN SUBSEQUENT SCHOOL YEARS; AND
  (3) THE COMPTROLLER SHALL, ANNUALLY, UPON DIRECTION OF THE COMMISSION-
ER  WITH  THE APPROVAL OF THE DIRECTOR OF THE BUDGET, TRANSFER AN AMOUNT
EQUAL TO THE SUM OF THE GRANTS AMOUNTS NOT  AWARDED  FROM  ANNUAL  ALLO-
CATIONS  FOR FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN AND
FULL-DAY KINDERGARTEN CONVERSION PHASE-IN GRANTS FROM THE  GENERAL  FUND
TO  THE FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN
RESERVE FUND ESTABLISHED PURSUANT TO SECTION  NINETY-SEVEN-PPPP  OF  THE
STATE   FINANCE  LAW.  FUNDS  TRANSFERRED  TO  THE  FIVE-YEAR  STATEWIDE
UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE FUND SHALL ONLY  BE
MADE  AVAILABLE, PAID OVER AND DISTRIBUTED FOR FULL-DAY PRE-KINDERGARTEN
AND FULL-DAY KINDERGARTEN CONVERSION GRANTS PURSUANT TO THIS SUBDIVISION
IN SUBSEQUENT SCHOOL YEARS.
  B. AWARD CRITERIA SHALL INCLUDE THE FOLLOWING:
  (1) MEASURES OF SCHOOL DISTRICT NEED;
  (2) MEASURES OF THE NEED OF STUDENTS TO  BE  SERVED  BY  EACH  OF  THE
SCHOOL DISTRICTS;
  (3)  THE SCHOOL DISTRICT'S PROPOSAL TO TARGET THE HIGHEST NEED SCHOOLS
AND STUDENTS;
  (4) THE EXTENT TO WHICH THE DISTRICT WOULD PRIORITIZE FUNDS  TO  MAXI-
MIZE  THE  TOTAL  NUMBER  OF ELIGIBLE CHILDREN IN THE DISTRICT SERVED IN
PRE-KINDERGARTEN PROGRAMS; AND
  (5) PROPOSAL QUALITY.
  C. GRANTS SHALL ONLY BE AVAILABLE TO SUPPORT PROGRAMS:
  (1) THAT PROVIDE INSTRUCTION FOR AT LEAST FIVE HOURS  PER  SCHOOL  DAY
FOR FULL-DAY PRE-KINDERGARTEN OR KINDERGARTEN PROGRAMS;
  (2) THAT ENSURE THAT, TO THE EXTENT COMMUNITY-BASED PROVIDERS ARE PART
OF  A  PRE-KINDERGARTEN PROGRAM, SUCH PROVIDERS MEET THE REQUIREMENTS OF
PARAGRAPHS D-1 AND D-2  OF  SUBDIVISION  TWELVE  OF  SECTION  THIRTY-SIX
HUNDRED TWO-E OF THIS ARTICLE;
  (3)  THAT  IN  THE  CASE OF PRE-KINDERGARTEN PROGRAMS OTHERWISE COMPLY
WITH ALL OF THE SAME RULES AND REQUIREMENTS AS UNIVERSAL  PRE-KINDERGAR-
TEN  PROGRAMS PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO-E OF THIS ARTI-
CLE EXCEPT AS MODIFIED HEREIN; AND
  (4) THAT SUPPLEMENT, NOT SUPPLANT EXISTING KINDERGARTEN  AND  PRE-KIN-
DERGARTEN PROGRAMS.
  D.  A SCHOOL DISTRICT'S PRE-KINDERGARTEN GRANT SHALL EQUAL THE PRODUCT
OF (A) (I) TWO  MULTIPLIED  BY  THE  APPROVED  NUMBER  OF  NEW  FULL-DAY
PRE-KINDERGARTEN  PLACEMENT  PLUS  (II)  THE APPROVED NUMBER OF HALF-DAY
PRE-KINDERGARTEN AND HALF-DAY KINDERGARTEN PLACEMENT CONVERSIONS AND (B)
THE DISTRICT'S SELECTED  AID  PER  PRE-KINDERGARTEN  PUPIL  PURSUANT  TO
SUBPARAGRAPH (I) OF PARAGRAPH B OF SUBDIVISION TEN OF SECTION THIRTY-SIX
HUNDRED TWO-E OF THIS ARTICLE; PROVIDED, HOWEVER, THAT NO DISTRICT SHALL
RECEIVE  A  GRANT  IN  EXCESS  OF  THE  TOTAL  ACTUAL GRANT EXPENDITURES
INCURRED BY THE DISTRICT IN THE CURRENT SCHOOL YEAR AS APPROVED  BY  THE
COMMISSIONER  AND  PROVIDED  FURTHER,  FULL-DAY  KINDERGARTEN CONVERSION
PLACEMENTS FUNDED PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE  TO
RECEIVE  AN  APPORTIONMENT PURSUANT TO SUBDIVISION NINE OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS ARTICLE.

A. 8556--C                         28

  S 21-b.  The state finance law is amended  by  adding  a  new  section
97-pppp to read as follows:
  S  97-PPPP.  FIVE-YEAR  STATEWIDE  UNIVERSAL FULL-DAY PRE-KINDERGARTEN
PHASE-IN RESERVE FUND. 1. THERE  IS  HEREBY  ESTABLISHED  IN  THE  JOINT
CUSTODY  OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE
A FUND, TO BE KNOWN AS THE "FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY  PRE-
KINDERGARTEN PHASE-IN RESERVE FUND".
  2. SUCH FUND SHALL CONSIST OF MONEYS TRANSFERRED FROM THE GENERAL FUND
PURSUANT  TO  SUBPARAGRAPH  TWO OF PARAGRAPH A OF SUBDIVISION SIXTEEN OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THE EDUCATION LAW. MONEYS IN THE
FIVE-YEAR STATEWIDE UNIVERSAL FULL-DAY PRE-KINDERGARTEN PHASE-IN RESERVE
FUND SHALL ONLY  BE  MADE  AVAILABLE,  PAID  OVER  AND  DISTRIBUTED  FOR
FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDERGARTEN CONVERSION GRANTS TO
SCHOOL  DISTRICTS  PURSUANT TO SUCH SUBDIVISION SIXTEEN OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF  THE  EDUCATION  LAW  IN  SUBSEQUENT  SCHOOL
YEARS.
  S 22. School bus driver training. In addition to apportionments other-
wise  provided  by section 3602 of the education law, for aid payable in
the 2014--2015 school year, the commissioner of education shall allocate
school bus driver training grants to  school  districts  and  boards  of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit  educational  organizations  for  the purposes of this section. Such
payments shall not exceed four hundred thousand dollars  ($400,000)  per
school year.
  S 23. Section 37 of part A of chapter 57 of the laws of 2013, relating
to  school  district  eligibility  relating  to  state aid to the public
schools and implementation of the education, labor and family assistance
budget for the 2013-14 state fiscal year, is amended to read as follows:
  S 37. Special apportionment for salary expenses.   a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2014  and not later than the last day of the third full
business week of June, 2014, a school district eligible  for  an  appor-
tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2014, for salary expenses incurred between April  1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010,  plus  (v)  the
gap  elimination  adjustment for 2011--2012 as determined by the commis-
sioner of education pursuant to subdivision 17 of section  3602  of  the
education law, PLUS (VI) THE GAP ELIMINATION ADJUSTMENT FOR 2012-2013 AS
DETERMINED  BY  THE COMMISSIONER OF EDUCATION PURSUANT TO SUBDIVISION 17
OF SECTION 3602 OF THE EDUCATION LAW FOR A CITY  SCHOOL  DISTRICT  IN  A
CITY  WITH  A  POPULATION OF MORE THAN 195,000 INHABITANTS AND LESS THAN
219,000 INHABITANTS ACCORDING TO THE LATEST FEDERAL CENSUS, and provided
further that such apportionment shall not exceed such  salary  expenses.

A. 8556--C                         29

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  23-a. 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, 2015 and not later than the last day  of  the  third  full
business  week  of  June, 2015, 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, 2015, for salary expenses incurred between April 1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of  1990--1991  as  determined  by  the
commissioner  of  education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June  30,  1993,
plus  (ii)  186  percent  of such amount for a city school district in a
city with a population in excess of 1,000,000  inhabitants,  plus  (iii)
209  percent  of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus  (iv)  the  net  gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the

A. 8556--C                         30

education law, plus (vi) the gap elimination adjustment for  2012-13  as
determined  by  the commissioner of education pursuant to subdivision 17
of section 3602 of the education law, and  provided  further  that  such
apportionment  shall  not  exceed such salary expenses. Such application
shall be made by a school district, after  the  board  of  education  or
trustees  have  adopted  a resolution to do so and in the case of a city
school district in a city with a population in excess of 125,000  inhab-
itants, 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 the  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  24. 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, 2015, 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, 2015 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
made by a school district, after the board of education or trustees have
adopted  a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants,  with  the
approval of the mayor of such city.

A. 8556--C                         31

  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 reminder 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 25. 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 office of  prekindergarten  through  grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from

A. 8556--C                         32

such board for the 2014--2015 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  27. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2014--2015
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   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation 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 commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
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

A. 8556--C                         33

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. For the
purpose of teacher support for the 2014--2015 school year: to  the  city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,  one  million  seven  hundred   forty-one   thousand   dollars
($1,741,000);  to the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and to the Syracuse city school  district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this section shall be  distributed  among  teachers
including  prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in  addi-
tion  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 distrib-
uted pursuant to former subdivision 27 of section 3602 of the  education
law  for prior years. In school districts where the teachers are repres-
ented by certified or  recognized  employee  organizations,  all  salary
increases  funded  pursuant to this section shall be determined by sepa-
rate 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  28.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2014  enacting
the  aid  to  localities  budget shall be apportioned for the 2014--2015
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this 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 2014--2015
by a chapter of the laws of 2014 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 29. 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

A. 8556--C                         34

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  30.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2014, provided,
however, that:
  1. Sections one, two, three, three-a, four, five, seven, nine, twelve,
thirteen, seventeen,  twenty-a,  twenty-b,  twenty-one-a,  twenty-one-b,
twenty-two,  twenty-six  and  twenty-seven of this act shall take effect
July 1, 2014.
  2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of
the education law made by section three of this act shall not affect the
expiration of such paragraph and shall be deemed to expire therewith.
  3. Section eight-a of this act shall be deemed to have  been  in  full
force and effect on and after July 1, 2013.
  4.  Section  eight-b of this act shall apply to charter school transi-
tion aid payable in the 2014-2015 school year and thereafter.
  5. Section eight-c of this act shall take effect immediately and shall
be deemed to have been in full force and effect on  and  after  July  1,
2010; provided, further, that the amendments to subdivision 1 of section
2856  of  the education law made by section eight-c of this act shall be
subject to the expiration and reversion of such subdivision pursuant  to
section  27  of  chapter  378 of the laws of 2007, as amended, when upon
such date the provisions of section  eight-d  of  this  act  shall  take
effect.
  6.  The  amendments  to subdivision 6 of section 4402 of the education
law made by section nine of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
  7. Section ten of this act shall take effect July 1, 2014.
  8. Section ten-a of this act shall take effect July 1, 2016.
  9. Section eleven of this act shall take  effect  April  1,  2014  and
shall  first apply to the provision of services and programs pursuant to
section 4410 of the education law in the 2015-2016 school year.
  10. The amendments to chapter 756 of the laws  of  1992,  relating  to
funding a program for work force education conducted by a consortium for
worker  education in New York city, made by sections twelve and thirteen
of this act shall not affect the repeal of such  chapter  and  shall  be
deemed repealed therewith.
  11.  Section  sixteen  of  this  act shall take effect immediately and
shall be deemed to have been in full force and effect on and  after  the
effective date of section 140 of chapter 82 of the laws of 1995.
  12.  Section  twenty-five  of  this  act  shall  expire  and be deemed
repealed June 30, 2015.

                                 PART B

  Section 1. The smart schools bond act of 2014 is enacted  to  read  as
follows:

                     SMART SCHOOLS BOND ACT OF 2014

Section 1. Short title.
        2. Creation of a state debt.
        3. Bonds of the state.
        4. Use of moneys received.

A. 8556--C                         35

        5. Work performed.
  Section  1.  Short  title. This act shall be known and may be cited as
the "smart schools bond act of 2014".
  S 2. Creation of a state debt. The creation of  a  state  debt  in  an
amount  not  exceeding in the aggregate two billion three hundred seven-
teen million dollars ($2,317,000,000) is hereby  authorized  to  provide
moneys  for  the single purpose of improving learning and opportunity in
the state by funding capital projects for: (1) public school  districts,
other  than  special act school districts, to (i) acquire learning tech-
nology equipment or facilities which shall include, but not  be  limited
to,  interactive  whiteboards, computer servers, and desktop, laptop and
tablet computers, (ii) install high-speed broadband or wireless internet
connectivity for schools, and (iii) construct,  enhance,  and  modernize
educational  facilities  to  accommodate  pre-kindergarten  programs and
construct classroom space to replace transportable classroom units;  (2)
special act school districts as defined in section 4001 of the education
law,  state supported schools subject to the provisions of article 85 of
the education law and approved private residential  and  non-residential
schools for the education of students with disabilities of school age to
(i) acquire learning technology equipment or facilities and (ii) install
high-speed  broadband or wireless internet connectivity for schools; (3)
boards of cooperative educational services to acquire learning technolo-
gy equipment or facilities; and (4) nonpublic elementary  and  secondary
school  students  to  acquire  learning technology equipment which shall
include, but not be limited to, interactive whiteboards, computer  serv-
ers,  and desktop, laptop and tablet computers.  The legislature may, by
appropriate legislation and subject to such conditions as it may impose,
make available out of the proceeds of the sale of  bonds  authorized  in
this  act,  moneys disbursed or to be disbursed for the cost of approved
capital projects undertaken by, or on behalf of,  school  districts  for
such purposes.
  S  3.  Bonds  of the state. The state comptroller is hereby authorized
and empowered to issue and sell bonds of the state up to  the  aggregate
amount   of   two   billion  three  hundred  seventeen  million  dollars
($2,317,000,000) for the purposes of this act, subject to the provisions
of article 5 of the state finance law.
  The aggregate principal amount of such  bonds  shall  not  exceed  two
billion three hundred seventeen million dollars ($2,317,000,000) exclud-
ing  bonds  issued  to refund or otherwise repay bonds heretofore issued
for such purpose; provided, however, that upon  any  such  refunding  or
repayment, the total aggregate principal amount of outstanding bonds may
be  greater  than  two  billion  three hundred seventeen million dollars
($2,317,000,000) only if the present value of the aggregate debt service
of the refunding or repayment bonds to be issued shall  not  exceed  the
present  value of the aggregate debt service of the bonds to be refunded
or repaid. The method for calculating present value shall be  determined
by law.
  S 4. Use of moneys received. The moneys received by the state from the
sale  of  bonds  sold pursuant to this act shall be expended pursuant to
appropriations for capital projects of:  (1)  public  school  districts,
other  than  special  act school districts, related to design, planning,
site  acquisition, demolition, construction,  reconstruction,  rehabili-
tation or acquisition and/or installation of equipment for (i) classroom
technology  projects, which shall include, but not be limited to, inter-
active whiteboards, computer servers, desktop and laptop computers,  and
tablets,  (ii)  connectivity  projects,  which  shall include high-speed

A. 8556--C                         36

broadband or wireless internet connectivity for schools, and (iii)  pre-
kindergarten or transportable classroom unit replacement projects, which
shall include the enhancement or modernization of educational facilities
to   accommodate   pre-kindergarten   programs   or   the  expansion  or
construction of adequate and appropriate instructional space to  replace
transportable  classroom  units;  (2)  special  act  school districts as
defined in section 4001 of the education law,  state  supported  schools
subject  to  the  provisions  of  article  85  of  the education law and
approved private residential and non-residential schools for the  educa-
tion  of  students  with  disabilities of school age, related to design,
planning, site acquisition,  demolition,  construction,  reconstruction,
rehabilitation  or  acquisition and/or installation of equipment for (i)
classroom technology projects and (ii) connectivity  projects;  and  (3)
boards  of  cooperative  educational services related to the acquisition
and/or installation of equipment for classroom technology projects.
  S 5. Work performed.  All work performed on a  project  authorized  by
this act where all or any portion thereof involves an agreement or lease
for  construction,  demolition,  reconstruction,  excavation,  rehabili-
tation, repair, renovation, alteration or improvement  shall  be  deemed
public work and shall be subject to and performed in accordance with the
provisions  of  article 8 of the labor law to the same extent and in the
same manner as a contract of the state,  and  compliance  with  all  the
provisions  of  article  8  of  the  labor  law shall be required of any
lessee, sublessee, contractor or subcontractor on the project  including
the enforcement of prevailing wage requirements by the fiscal officer as
defined  in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
  S 2. Severability. The provisions of this act shall be severable,  and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.
  S 3. This  act  shall  take  effect  immediately,  provided  that  the
provisions  of  section one of this act shall not take effect unless and
until this act shall have been submitted to the people  at  the  general
election  to  be held in November 2014 and shall have been approved by a
majority of all votes cast for and against it  at  such  election.  Upon
approval  by the people, section one of this act shall take effect imme-
diately. The ballots  to  be  furnished  for  the  use  of  voters  upon
submission  of  this act shall be in the form prescribed by the election
law and the proposition or question to be  submitted  shall  be  printed
thereon  in  substantially the following form, namely "The SMART SCHOOLS
BOND ACT OF 2014, as set forth in section one of part B of chapter (here
insert the chapter number) of the laws of 2014, authorizes the  sale  of
state bonds of up to two billion three hundred seventeen million dollars
($2,317,000,000)  to  provide  access  to classroom technology and high-
speed internet connectivity to equalize opportunities  for  children  to
learn and to add classroom space to expand high-quality pre-kindergarten
programs  and  replace classroom trailers.  Shall the SMART SCHOOLS BOND
ACT OF 2014 be approved?".

A. 8556--C                         37

                                 PART C

  Section  1.  This  act  shall  be known and may be cited as the "smart
schools implementation act of 2014".
  S 2. Section 3641 of the education law is  amended  by  adding  a  new
subdivision 16 to read as follows:
  16.  IMPLEMENTATION  OF  THE SMART SCHOOLS BOND ACT OF 2014. A.  DEFI-
NITIONS. THE FOLLOWING TERMS, WHENEVER  USED  OR  REFERRED  TO  IN  THIS
SUBDIVISION,  UNLESS  THE  CONTEXT  INDICATES  OTHERWISE, SHALL HAVE THE
FOLLOWING MEANINGS:
  (1) "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
"SMART SCHOOLS BOND ACT OF 2014" IN ACCORDANCE WITH ARTICLE VII  OF  THE
NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF THE STATE FINANCE LAW.
  (2)  "SMART  SCHOOLS  REVIEW BOARD" SHALL MEAN A BODY COMPRISED OF THE
STATE COMPTROLLER, THE DIRECTOR OF THE BUDGET, AND THE COMMISSIONER,  OR
THEIR RESPECTIVE DESIGNEES.
  (3)  "SMART SCHOOLS INVESTMENT PLAN" SHALL MEAN A DOCUMENT PREPARED BY
AN ELIGIBLE SCHOOL OR DISTRICT, SETTING FORTH THE SMART SCHOOLS  PROJECT
OR  PROJECTS  TO  BE  UNDERTAKEN  WITH  SUCH  SCHOOL OR DISTRICT'S SMART
SCHOOLS ALLOCATION, WHICH PLAN IN THE CASE OF A PUBLIC  SCHOOL  DISTRICT
ELIGIBLE  FOR  FOUNDATION  AID  PURSUANT  TO SUBDIVISION FOUR OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE SHALL INCLUDE A  CLASSROOM  TECH-
NOLOGY  PROJECT  THAT PROVIDES FOR EXPENDITURE OF ITS SUPPLEMENTAL SMART
SCHOOLS ALLOCATION  TO  ACQUIRE  LEARNING  TECHNOLOGY  HARDWARE  AND  TO
PROVIDE  FOR  THE  LOAN  OF  LEARNING TECHNOLOGY HARDWARE SO ACQUIRED TO
NONPUBLIC ELEMENTARY AND SECONDARY SCHOOL STUDENTS PURSUANT  TO  SECTION
SEVEN HUNDRED FIFTY-FIVE OF THIS CHAPTER.
  (4)  "SMART SCHOOLS PROJECT" SHALL MEAN A CAPITAL PROJECT AS SET FORTH
AND DEFINED IN SUBPARAGRAPHS FIVE, SIX, OR SEVEN OF THIS PARAGRAPH.
  (5) "PRE-KINDERGARTEN OR TRANSPORTABLE CLASSROOM UNIT  (TCU)  REPLACE-
MENT  PROJECT" SHALL MEAN A CAPITAL PROJECT WHICH, AS A PRIMARY PURPOSE,
EXPANDS THE AVAILABILITY OF ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE
FOR PRE-KINDERGARTEN OR PROVIDES FOR THE EXPANSION  OR  CONSTRUCTION  OF
ADEQUATE AND APPROPRIATE INSTRUCTIONAL SPACE TO REPLACE TCUS.
  (6)  "CONNECTIVITY  PROJECT"  SHALL MEAN A CAPITAL PROJECT WHICH, AS A
PRIMARY PURPOSE,  EXPANDS  HIGH-SPEED  BROADBAND  OR  WIRELESS  INTERNET
CONNECTIVITY  IN  SCHOOL BUILDINGS, FOR ENHANCED EDUCATIONAL OPPORTUNITY
IN THE STATE.
  (7) "CLASSROOM TECHNOLOGY PROJECT" SHALL MEAN  A  CAPITAL  PROJECT  TO
ACQUIRE  LEARNING  TECHNOLOGY  HARDWARE  FOR  SCHOOLS,  CLASSROOMS,  AND
STUDENT USE, INCLUDING BUT NOT LIMITED TO WHITEBOARDS, COMPUTER SERVERS,
DESKTOP COMPUTERS, LAPTOP COMPUTERS, AND TABLET COMPUTERS. SUCH TERM MAY
INCLUDE A BOARD OF COOPERATIVE EDUCATIONAL SERVICES CAPITAL PROJECT  FOR
THE ACQUISITION OF LEARNING TECHNOLOGY HARDWARE ONLY.
  (8)  "SELECTED SCHOOL AID" SHALL MEAN THE SUM OF THE AMOUNTS SET FORTH
AS  "FOUNDATION  AID",  "FULL  DAY  K  CONVERSION",  "BOCES",   "SPECIAL
SERVICES",  "HIGH  COST EXCESS COST", "PRIVATE EXCESS COST", "HARDWARE &
TECHNOLOGY",  "SOFTWARE,  LIBRARY,   TEXTBOOK",   "TRANSPORTATION   INCL
SUMMER",  "OPERATING  REORG  INCENTIVE",  "CHARTER SCHOOL TRANSITIONAL",
"ACADEMIC ENHANCEMENT", "HIGH TAX AID",  AND  "SUPPLEMENTAL  PUB  EXCESS
COST"  UNDER  THE  HEADING  "2013-14  BASE  YEAR AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF  THE  EXECU-
TIVE BUDGET PROPOSAL FOR THE TWO THOUSAND FOURTEEN-FIFTEEN SCHOOL YEAR.
  (9) "SMART SCHOOLS ALLOCATION" SHALL MEAN:
  (I)  FOR  EACH SCHOOL DISTRICT ELIGIBLE FOR FOUNDATION AID PURSUANT TO
SUBDIVISION FOUR OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE,  THE

A. 8556--C                         38

SUM  OF:  THE PRODUCT OF (A) TWO BILLION DOLLARS ($2,000,000,000) MULTI-
PLIED BY (B) THE QUOTIENT OF SUCH SCHOOL DISTRICT'S SELECTED SCHOOL  AID
DIVIDED  BY  THE TOTAL SELECTED SCHOOL AID TO ALL SCHOOL DISTRICTS, PLUS
THE SUPPLEMENTAL SMART SCHOOLS ALLOCATION; AND
  (II)  FOR EACH SPECIAL ACT SCHOOL DISTRICT, STATE SUPPORTED SCHOOL AND
APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS WITH  DISABILITIES
OF  SCHOOL  AGE, SEVEN HUNDRED SEVENTY DOLLARS AND SIXTY-FIVE HUNDREDTHS
($770.65) PER FULL TIME EQUIVALENT STUDENT ENROLLED IN SUCH DISTRICT  OR
SCHOOLS  IN THE BASE YEAR, PROVIDED THAT THE STATEWIDE TOTAL ALLOCATIONS
OF ALL SUCH SCHOOL DISTRICTS  AND  SCHOOLS  SHALL  NOT  EXCEED  THIRTEEN
MILLION  EIGHT  HUNDRED AND FOURTEEN THOUSAND SIX HUNDRED AND FIFTY-FIVE
DOLLARS ($13,814,655) AND IN THE EVENT THE AMOUNT APPROPRIATED FOR  SUCH
PURPOSE  IS  NOT SUFFICIENT TO MAKE SUCH PER CAPITA ALLOCATIONS OF SEVEN
HUNDRED SEVENTY DOLLARS  AND  SIXTY-FIVE  HUNDREDTHS  ($770.65)  TO  ALL
SCHOOLS  AND  DISTRICTS,  THE  COMMISSIONER  SHALL ADJUST THE PER CAPITA
ALLOCATION PAYABLE TO ALL SUCH SCHOOLS AND DISTRICTS TO FIT  WITHIN  THE
APPROPRIATION.
  (10)  "SUPPLEMENTAL SMART SCHOOLS ALLOCATION" FOR EACH SCHOOL DISTRICT
ELIGIBLE FOR FOUNDATION AID SHALL MEAN  THE  PRODUCT  OF  SEVEN  HUNDRED
SEVENTY  DOLLARS  AND  SIXTY-FIVE  CENTS  ($770.65)  MULTIPLIED  BY SUCH
DISTRICT'S NONPUBLIC SCHOOL ENROLLMENT IN THE BASE YEAR  AS  DEFINED  IN
SUBPARAGRAPH  THREE OF PARAGRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-
SIX HUNDRED TWO OF THIS ARTICLE.
  (11) "ELIGIBLE SCHOOL OR DISTRICT" SHALL MEAN A SCHOOL DISTRICT ELIGI-
BLE  FOR  FOUNDATION  AID  PURSUANT  TO  SUBDIVISION  FOUR  OF   SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE, A SPECIAL ACT SCHOOL DISTRICT AS
DEFINED  IN  SECTION  FOUR  THOUSAND  ONE  OF THE EDUCATION LAW, A STATE
SUPPORTED SCHOOL SUBJECT TO THE PROVISIONS OF ARTICLE EIGHTY-FIVE OF THE
EDUCATION LAW OR AN APPROVED  PRIVATE  RESIDENTIAL  AND  NON-RESIDENTIAL
SCHOOL FOR THE EDUCATION OF STUDENTS WITH DISABILITIES OF SCHOOL AGE.
  B.  SMART SCHOOLS INVESTMENT PLANS. (1) THE SMART SCHOOLS REVIEW BOARD
SHALL ISSUE GUIDELINES SETTING FORTH REQUIRED COMPONENTS AND ELIGIBILITY
CRITERIA FOR SMART SCHOOLS INVESTMENT PLANS TO BE SUBMITTED BY  ELIGIBLE
SCHOOLS  OR  DISTRICTS. SUCH GUIDELINES SHALL INCLUDE BUT NOT BE LIMITED
TO (I) A TIMELINE FOR SUBMISSION OF SMART SCHOOLS INVESTMENT PLANS;  AND
(II)  ANY  LIMITATIONS  ON THE AMOUNT OF A SMART SCHOOLS ALLOCATION THAT
MAY BE USED FOR ASSETS WITH A SHORT PROBABLE LIFE.
  (2) NO ELIGIBLE SCHOOL OR  DISTRICT  SHALL  BE  ENTITLED  TO  A  SMART
SCHOOLS GRANT UNTIL SUCH SCHOOL OR DISTRICT SHALL HAVE SUBMITTED A SMART
SCHOOLS  INVESTMENT  PLAN TO THE SMART SCHOOLS REVIEW BOARD AND RECEIVED
SUCH BOARD'S APPROVAL  OF  SUCH  INVESTMENT  PLAN.  IN  DEVELOPING  SUCH
INVESTMENT  PLAN, SCHOOL DISTRICTS SHALL CONSULT WITH PARENTS, TEACHERS,
STUDENTS, COMMUNITY MEMBERS AND OTHER STAKEHOLDERS.
  (3) THE SMART SCHOOLS REVIEW BOARD  SHALL  REVIEW  ALL  SMART  SCHOOLS
INVESTMENT  PLANS FOR COMPLIANCE WITH ALL ELIGIBILITY CRITERIA AND OTHER
REQUIREMENTS SET FORTH IN THE GUIDELINES. THE SMART SCHOOLS REVIEW BOARD
MAY APPROVE OR REJECT SUCH PLANS, OR MAY RETURN SUCH PLANS TO THE ELIGI-
BLE SCHOOL DISTRICT OR SCHOOL  FOR  MODIFICATIONS.  UPON  APPROVAL,  THE
SMART SCHOOLS PROJECT OR PROJECTS DESCRIBED IN THE INVESTMENT PLAN SHALL
BE  ELIGIBLE  FOR SMART SCHOOLS GRANTS. A SMART SCHOOLS PROJECT INCLUDED
IN A SCHOOL DISTRICT'S OR SCHOOL'S SMART SCHOOLS INVESTMENT  PLAN  SHALL
NOT REQUIRE SEPARATE APPROVAL OF THE COMMISSIONER UNLESS IT IS PART OF A
SCHOOL CONSTRUCTION PROJECT REQUIRED TO BE SUBMITTED FOR APPROVAL OF THE
COMMISSIONER  PURSUANT  TO  SECTION  FOUR  HUNDRED EIGHT OF THIS CHAPTER
AND/OR SUBDIVISION SIX OF SECTION THIRTY-SIX HUNDRED TWO OF  THIS  ARTI-
CLE.  ANY DEPARTMENT, AGENCY OR PUBLIC AUTHORITY SHALL PROVIDE THE SMART

A. 8556--C                         39

SCHOOLS REVIEW BOARD WITH ANY INFORMATION IT  REQUIRES  TO  FULFILL  ITS
DUTIES PURSUANT TO THIS SUBDIVISION.
  (4)  ANY  AMENDMENTS  OR SUPPLEMENTS TO A SMART SCHOOL INVESTMENT PLAN
MUST BE SUBMITTED TO THE SMART SCHOOLS REVIEW BOARD  FOR  APPROVAL,  AND
SHALL NOT TAKE EFFECT UNTIL SUCH APPROVAL IS GRANTED.
  C.  EXPENDITURE  OF  MONEY.  (1)  SMART  SCHOOLS GRANTS. EACH ELIGIBLE
SCHOOL DISTRICT OR SCHOOL, WHICH HAS AN APPROVED SMART  SCHOOLS  INVEST-
MENT  PLAN  INCLUDING A SMART SCHOOLS PROJECT OR PROJECTS SHALL BE ENTI-
TLED TO A GRANT OR GRANTS FOR THE  SMART  SCHOOLS  PROJECT  OR  PROJECTS
INCLUDED  THEREIN  IN  AN AMOUNT, WHETHER IN THE AGGREGATE OR OTHERWISE,
NOT TO EXCEED THE SMART SCHOOLS ALLOCATION CALCULATED  FOR  SUCH  SCHOOL
DISTRICT  OR  SCHOOL.  THE  AMOUNT  OF  SUCH  ALLOCATION  NOT  EXPENDED,
DISBURSED OR ENCUMBERED FOR ANY SCHOOL YEAR SHALL BE  CARRIED  OVER  FOR
EXPENDITURE  AND  DISBURSEMENT  TO  THE  NEXT  SUCCEEDING  SCHOOL  YEAR.
EXPENDITURES FROM THE SMART SCHOOLS ALLOCATION SHALL NOT BE ELIGIBLE FOR
AID UNDER ANY OTHER PROVISION OF THIS CHAPTER.
  (2) THE AMOUNTS DETERMINED PURSUANT TO THIS SUBDIVISION TO BE PAID  TO
ELIGIBLE  SCHOOL DISTRICTS AND SCHOOLS SHALL BE CERTIFIED BY THE COMMIS-
SIONER IN ACCORDANCE WITH THIS SUBDIVISION.   THE AMOUNTS  OF  MONEY  SO
CERTIFIED  OR MADE AVAILABLE SHALL BE PAID BY THE COMPTROLLER IN ACCORD-
ANCE WITH APPROPRIATIONS THEREFOR, PROVIDED, HOWEVER, THAT  THE  PAYMENT
SCHEDULE SET FORTH IN SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY TO
SUCH PAYMENTS. SUCH PAYMENT SHALL FULFILL ANY OBLIGATION OF THE STATE OR
THE  COMMISSIONER  TO  APPORTION FUNDS PURSUANT TO THIS SUBDIVISION, AND
WHENEVER A SCHOOL DISTRICT HAS BEEN APPORTIONED MORE MONEY  PURSUANT  TO
THIS SUBDIVISION THAN THAT TO WHICH IT IS ENTITLED, THE COMMISSIONER MAY
DEDUCT SUCH AMOUNT FROM THE NEXT APPORTIONMENT TO BE MADE TO SUCH SCHOOL
DISTRICT.
  D.  CONSISTENCY  WITH  FEDERAL  TAX LAW. ALL ACTIONS TAKEN PURSUANT TO
THIS SUBDIVISION SHALL BE REVIEWED FOR CONSISTENCY  WITH  PROVISIONS  OF
THE FEDERAL INTERNAL REVENUE CODE AND REGULATIONS THEREUNDER, IN ACCORD-
ANCE  WITH PROCEDURES ESTABLISHED IN CONNECTION WITH THE ISSUANCE OF ANY
TAX EXEMPT BONDS PURSUANT TO  THIS  SUBDIVISION,  TO  PRESERVE  THE  TAX
EXEMPT STATUS OF SUCH BONDS.
  E.  COMPLIANCE  WITH  OTHER  LAW.  EVERY RECIPIENT OF FUNDS TO BE MADE
AVAILABLE PURSUANT TO THIS SUBDIVISION SHALL COMPLY WITH ALL  APPLICABLE
STATE, FEDERAL AND LOCAL LAWS.
  S  3. The state finance law is amended by adding a new section 97-oooo
to read as follows:
  S 97-OOOO. SMART SCHOOLS BOND FUND. 1. THERE IS HEREBY ESTABLISHED  IN
THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXA-
TION  AND  FINANCE A SPECIAL FUND TO BE KNOWN AS THE "SMART SCHOOLS BOND
FUND".
  2. THE STATE COMPTROLLER SHALL DEPOSIT INTO  THE  SMART  SCHOOLS  BOND
FUND  ALL  MONEYS  RECEIVED  BY  THE STATE FROM THE SALE OF BONDS AND/OR
NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF  THE  SMART  SCHOOLS
BOND ACT OF 2014.
  3.  MONEYS  IN THE SMART SCHOOLS BOND FUND, FOLLOWING APPROPRIATION BY
THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDGET,  SHALL  BE
AVAILABLE  ONLY  FOR  REIMBURSEMENT  OF EXPENDITURES MADE FROM APPROPRI-
ATIONS FROM THE CAPITAL PROJECTS FUND  FOR  THE  PURPOSE  OF  THE  SMART
SCHOOLS BOND FUND, AS SET FORTH IN THE SMART SCHOOLS BOND ACT OF 2014.
  4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
SOLD  PURSUANT  TO  THE SMART SCHOOLS BOND ACT OF 2014 SHALL BE EXPENDED
FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN ALLOCATED PURSUANT TO THE
PROVISIONS OF THIS SECTION AND COPIES OF THE APPROPRIATE CERTIFICATES OF

A. 8556--C                         40

APPROVAL FILED WITH THE CHAIR OF THE SENATE FINANCE COMMITTEE, THE CHAIR
OF THE ASSEMBLY WAYS AND MEANS COMMITTEE AND THE STATE COMPTROLLER.
  S  4. The education law is amended by adding a new section 755 to read
as follows:
  S 755. LOAN OF LEARNING TECHNOLOGY HARDWARE.  1. IN THE SEVERAL CITIES
AND SCHOOL DISTRICTS OF THE STATE, SCHOOL  AUTHORITIES,  AS  DEFINED  IN
SUBDIVISION  TWELVE OF SECTION TWO OF THIS CHAPTER, SHALL HAVE THE POWER
AND DUTY, TO THE EXTENT PROVIDED IN THIS SECTION, TO LOAN, UPON  REQUEST
OF  AN INDIVIDUAL OR A GROUP OF INDIVIDUAL PUPILS, TO ALL PUPILS LEGALLY
ATTENDING NONPUBLIC ELEMENTARY  OR  SECONDARY  SCHOOLS  LOCATED  IN  THE
SCHOOL  DISTRICT,  LEARNING  TECHNOLOGY  HARDWARE  ACQUIRED  PURSUANT TO
SUBDIVISION SIXTEEN OF SECTION  THIRTY-SIX  HUNDRED  FORTY-ONE  OF  THIS
CHAPTER  WHICH IS DESIGNATED FOR USE IN ANY PUBLIC ELEMENTARY OR SECOND-
ARY SCHOOLS OF THE STATE OR IS APPROVED BY ANY SCHOOL AUTHORITIES.  SUCH
LEARNING  TECHNOLOGY  HARDWARE  IS  TO  BE LOANED FREE TO SUCH CHILDREN,
COMMENCING WITH THE TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL
YEAR,  SUBJECT TO SUCH RULES AND REGULATIONS AS ARE OR MAY BE PRESCRIBED
BY THE BOARD OF REGENTS AND SUCH SCHOOL AUTHORITIES.
  2. NO SCHOOL DISTRICT SHALL BE REQUIRED TO  LOAN  LEARNING  TECHNOLOGY
HARDWARE  IN  AN  AMOUNT  IN EXCESS OF THE DISTRICT'S SUPPLEMENTAL SMART
SCHOOLS ALLOCATION AS DEFINED IN SUBDIVISION SIXTEEN OF SECTION  THIRTY-
SIX  HUNDRED FORTY-ONE OF THIS CHAPTER. NOTHING IN THIS ARTICLE SHALL BE
CONSTRUED TO REQUIRE A SCHOOL DISTRICT TO  LOAN  TO  CHILDREN  ATTENDING
NONPUBLIC  SCHOOLS,  PURSUANT TO THIS SECTION, LEARNING TECHNOLOGY HARD-
WARE PURCHASED WITH LOCAL OR FEDERAL FUNDS OR  WITH  STATE  FUNDS  OTHER
THAN  FUNDS APPORTIONED PURSUANT TO SUBDIVISION SIXTEEN OF SECTION THIR-
TY-SIX HUNDRED FORTY-ONE OF THIS CHAPTER.
  3. SCHOOL AUTHORITIES SHALL ADOPT REGULATIONS SPECIFYING THE  DATE  BY
WHICH REQUESTS FOR THE PURCHASE AND LOAN OF LEARNING TECHNOLOGY HARDWARE
MUST  BE RECEIVED BY THE DISTRICT. NOTICE OF SUCH DATE SHALL BE GIVEN TO
ALL NON-PUBLIC SCHOOLS IN THE SCHOOL  DISTRICT.  FOR  THE  TWO  THOUSAND
FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR,  SUCH  DATE SHALL NOT BE
EARLIER THAN THE FIRST DAY OF JANUARY OF SUCH SCHOOL YEAR. AND  FOR  THE
TWO  THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER,
SUCH DATE SHALL NOT BE EARLIER THAN THE FIRST DAY OF JUNE OF THE  SCHOOL
YEAR  PRIOR TO THAT FOR WHICH SUCH LEARNING TECHNOLOGY HARDWARE IS BEING
REQUESTED, PROVIDED, HOWEVER, THAT A PARENT OR GUARDIAN OF A  CHILD  NOT
ATTENDING  A  PARTICULAR  NON-PUBLIC  SCHOOL  PRIOR TO JUNE FIRST OF THE
SCHOOL YEAR MAY SUBMIT A WRITTEN REQUEST FOR LEARNING  TECHNOLOGY  HARD-
WARE  WITHIN THIRTY DAYS AFTER SUCH CHILD IS ENROLLED IN SUCH NON-PUBLIC
SCHOOL. IN NO EVENT, HOWEVER, SHALL A REQUEST MADE LATER THAN THE  TIMES
OTHERWISE  PROVIDED  PURSUANT  TO  THIS  SUBDIVISION  BE  DENIED WHERE A
REASONABLE EXPLANATION IS GIVEN FOR THE DELAY IN MAKING THE REQUEST.
  S 5. Section 61 of the state finance law is amended by  adding  a  new
subdivision 31 to read as follows:
                          SMART SCHOOLS PROJECTS
  31. THIRTY YEARS. FOR THE PAYMENT OF SMART SCHOOLS PROJECTS, INCLUDING
BUT  NOT  LIMITED  TO  PRE-KINDERGARTEN  OR TRANSPORTABLE CLASSROOM UNIT
REPLACEMENT PROJECTS, CONNECTIVITY PROJECTS,  AND  CLASSROOM  TECHNOLOGY
PROJECTS,  ALL  AS  DEFINED IN SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THE EDUCATION LAW  AND  UNDERTAKEN  PURSUANT  TO  A
CHAPTER  OF THE LAWS OF TWO THOUSAND FOURTEEN, ENACTING AND CONSTITUTING
THE SMART SCHOOLS BOND ACT OF 2014. THIRTY YEARS FOR PRE-KINDERGARTEN OR
TRANSPORTABLE CLASSROOM UNIT  REPLACEMENT  PROJECTS,  TWENTY  YEARS  FOR
CONNECTIVITY   PROJECTS,   AND  EIGHT  YEARS  FOR  CLASSROOM  TECHNOLOGY
PROJECTS. NOTWITHSTANDING THE FOREGOING, FOR THE PURPOSES OF CALCULATING

A. 8556--C                         41

ANNUAL  DEBT SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVER-
AGE PERIOD OF PROBABLE LIFE OF SUCH SMART  SCHOOLS  PROJECTS,  INCLUDING
WITH ANY OTHER WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHT-
ED  AVERAGE PERIOD OF PROBABLE LIFE SHALL BE DETERMINED BY COMPUTING THE
SUM OF THE PRODUCTS DERIVED FROM MULTIPLYING THE  DOLLAR  VALUE  OF  THE
PORTION  OF  THE  DEBT  CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF
WORKS OR PURPOSES) BY THE PROBABLE LIFE OF  SUCH  WORK  OR  PURPOSE  (OR
CLASS OF WORKS OR PURPOSES) AND DIVIDING THE RESULTING SUM BY THE DOLLAR
VALUE  OF  THE  ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL
ISSUE PREMIUM OR DISCOUNT.
  S 6. All work performed on a project authorized by this act where  all
or  any portion thereof involves an agreement or lease for construction,
demolition, reconstruction, excavation,  rehabilitation,  repair,  reno-
vation,  alteration or improvement shall be deemed public work and shall
be subject to and performed in accordance with the provisions of article
8 of the labor law to the same extent  and  in  the  same  manner  as  a
contract of the state, and compliance with all the provisions of article
8  of the labor law shall be required of any lessee, sublessee, contrac-
tor or  subcontractor  on  the  project  including  the  enforcement  of
prevailing  wage  requirements by the fiscal officer as defined in para-
graph e of subdivision 5 of section 220 of the labor  law  to  the  same
extent as a contract of the state.
  S  7.  Severability.    If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion 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, section or part thereof  directly  involved
in the controversy in which such judgment shall have been rendered.
  S  8.  This  act shall take effect only in the event that section 1 of
part B of a chapter of the laws of 2014,  enacting  the  "smart  schools
bond act of 2014," is submitted to the people at the general election to
be held in November 2014 and is approved by a majority of all votes cast
for  and against it at such election. Upon such approval, this act shall
take effect immediately. Effective immediately, the addition, amendment,
and/or repeal of any rule or regulation necessary for the implementation
of the foregoing sections of this act are authorized and directed to  be
made and completed on or before such effective date.

                                 PART D

  Section  1.  Short  title. This act shall be known and may be cited as
the "nurse practitioners modernization act".
  S 2. Subdivision 3 of section 6902 of the education law, as  added  by
chapter 257 of the laws of 1988, is amended to read as follows:
  3.  (a) (I) The practice of registered professional nursing by a nurse
practitioner, certified under section six thousand nine hundred  ten  of
this  article,  may include the diagnosis of illness and physical condi-
tions and the performance of therapeutic and corrective measures  within
a specialty area of practice, in collaboration with a licensed physician
qualified  to  collaborate  in  the  specialty  involved,  provided such
services are performed in accordance with a written  practice  agreement
and  written  practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF
THIS SUBDIVISION.  The written practice agreement shall include explicit
provisions for the resolution of any disagreement  between  the  collab-
orating physician and the nurse practitioner regarding a matter of diag-
nosis  or treatment that is within the scope of practice of both. To the

A. 8556--C                         42

extent the practice agreement does not so provide, then the  collaborat-
ing physician's diagnosis or treatment shall prevail.
  (II) IN THE EVENT THAT (A) AN EXISTING WRITTEN PRACTICE AGREEMENT WITH
A  COLLABORATING  PHYSICIAN TERMINATES AS A RESULT OF: THE COLLABORATING
PHYSICIAN MOVING, RETIRING, NO LONGER NEEDING THE SERVICES OF THE  NURSE
PRACTITIONER,  NO  LONGER  BEING  QUALIFIED  TO PRACTICE; OR THE WRITTEN
PRACTICE AGREEMENT TERMINATING DUE TO NO FAULT ON THE PART OF THE  NURSE
PRACTITIONER; AND (B) THE NURSE PRACTITIONER DEMONSTRATES THAT HE OR SHE
HAS MADE A GOOD FAITH EFFORT TO ENTER INTO A NEW WRITTEN PRACTICE AGREE-
MENT  WITH  A COLLABORATING PHYSICIAN AND HAS BEEN UNABLE TO DO SO, THEN
UPON APPROVAL BY THE DEPARTMENT, SUCH NURSE PRACTITIONER MAY CONTINUE TO
PRACTICE PURSUANT TO THIS PARAGRAPH WITHIN A SPECIALTY AREA OF  PRACTICE
FOR  A PERIOD OF UP TO SIX MONTHS, IN COLLABORATION WITH A NURSE PRACTI-
TIONER WHO HAS BEEN CERTIFIED UNDER SECTION SIX  THOUSAND  NINE  HUNDRED
TEN  OF  THIS ARTICLE, WHO HAS BEEN PRACTICING FOR MORE THAN THREE THOU-
SAND SIX HUNDRED HOURS AND  WHO  IS  QUALIFIED  TO  COLLABORATE  IN  THE
SPECIALTY  INVOLVED,  PROVIDED THAT SERVICES ARE PERFORMED IN ACCORDANCE
WITH A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE  PROTOCOLS;  SUCH
SIX  MONTH TIME PERIOD FOR COLLABORATION BETWEEN NURSE PRACTITIONERS MAY
BE EXTENDED FOR A PERIOD OF TIME NOT TO EXCEED AN ADDITIONAL SIX  MONTHS
UPON A SHOWING OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT.
  [(b)] (III) Prescriptions for drugs, devices and immunizing agents may
be  issued  by  a nurse practitioner, under this [subdivision] PARAGRAPH
and section six thousand nine hundred ten of this article, in accordance
with the practice agreement and practice protocols EXCEPT  AS  PERMITTED
BY  PARAGRAPH  (B)  OF  THIS SUBDIVISION.   The nurse practitioner shall
obtain a certificate from the department upon successfully completing  a
program  including  an appropriate pharmacology component, or its equiv-
alent, as  established  by  the  commissioner's  regulations,  prior  to
prescribing  under  this [subdivision] PARAGRAPH. The certificate issued
under section six thousand nine hundred ten of this article shall  state
whether the nurse practitioner has successfully completed such a program
or  equivalent  and  is authorized to prescribe under this [subdivision]
PARAGRAPH.
  [(c)] (IV) Each practice agreement shall provide for  patient  records
review  by the collaborating physician OR, WHERE APPLICABLE, THE COLLAB-
ORATING NURSE PRACTITIONER, in a timely fashion but  in  no  event  less
often  than  every three months. The names of the nurse practitioner and
the collaborating physician  OR,  WHERE  APPLICABLE,  THE  COLLABORATING
NURSE  PRACTITIONER  shall  be clearly posted in the practice setting of
the nurse practitioner.
  [(d)] (V) The practice protocol shall reflect current accepted medical
and nursing practice, OR FOR COLLABORATING WITH  ANOTHER  NURSE  PRACTI-
TIONER  PURSUANT  TO  SUBPARAGRAPH  (II)  OF THIS PARAGRAPH, THE CURRENT
ACCEPTED NURSING PRACTICE.   The  protocols  shall  be  filed  with  the
department  within  ninety  days of the commencement of the practice and
may be updated periodically. The  commissioner  shall  make  regulations
establishing  the procedure for the review of protocols and the disposi-
tion of any issues arising from such review.
  [(e)] (VI) No physician  OR,  WHERE  APPLICABLE,  NURSE  PRACTITIONER,
shall  enter  into practice agreements with more than four nurse practi-
tioners who are not located on the same physical premises as the collab-
orating physician OR COLLABORATING NURSE PRACTITIONER.
  [(f)] (B) NOTWITHSTANDING SUBPARAGRAPH (I) OF PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  A  NURSE  PRACTITIONER, CERTIFIED UNDER SECTION SIXTY-NINE
HUNDRED TEN OF THIS ARTICLE AND PRACTICING FOR MORE THAN THREE  THOUSAND

A. 8556--C                         43

SIX  HUNDRED  HOURS  MAY COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING
WITH THE REQUIREMENTS OF PARAGRAPH (A) OF THIS SUBDIVISION  RELATING  TO
COLLABORATION WITH A PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN
PRACTICE  PROTOCOLS.  A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH
SHALL HAVE COLLABORATIVE RELATIONSHIPS WITH ONE OR MORE LICENSED  PHYSI-
CIANS  QUALIFIED TO COLLABORATE IN THE SPECIALTY INVOLVED OR A HOSPITAL,
LICENSED UNDER ARTICLE TWENTY-EIGHT  OF  THE  PUBLIC  HEALTH  LAW,  THAT
PROVIDES  SERVICES  THROUGH LICENSED PHYSICIANS QUALIFIED TO COLLABORATE
IN THE SPECIALTY INVOLVED AND HAVING PRIVILEGES AT SUCH INSTITUTION.  AS
EVIDENCE  THAT  THE NURSE PRACTITIONER MAINTAINS COLLABORATIVE RELATION-
SHIPS, THE NURSE  PRACTITIONER  SHALL  COMPLETE  AND  MAINTAIN  A  FORM,
CREATED BY THE DEPARTMENT, WHICH THE NURSE PRACTITIONER SHALL ATTEST TO,
THAT  IDENTIFIES WRITTEN PRACTICE PROTOCOLS AND THE METHODS BY WHICH THE
NURSE PRACTITIONER WILL COLLABORATE SUCH AS: THE  CRITERIA  TO  BE  USED
REGARDING CONSULTATION, INCLUDING METHODS AND FREQUENCY OF HOW CONSULTA-
TION SHALL BE PROVIDED; COLLABORATIVE MANAGEMENT AND REFERRAL; AND EMER-
GENCY  REFERRAL  PLANS. SUCH FORMS SHALL BE UPDATED AS NEEDED AND MAY BE
SUBJECT TO REVIEW BY THE DEPARTMENT. THE NURSE PRACTITIONER  SHALL  MAKE
INFORMATION CONTAINED IN THIS FORM AVAILABLE TO HIS OR HER PATIENTS UPON
REQUEST. FAILURE TO COMPLY WITH THE REQUIREMENTS FOUND IN THIS PARAGRAPH
BY  A  NURSE  PRACTITIONER  WHO IS NOT COMPLYING WITH SUCH PROVISIONS OF
PARAGRAPH (A) OF THIS SUBDIVISION,  SHALL  BE  SUBJECT  TO  PROFESSIONAL
MISCONDUCT PROVISIONS AS SET FORTH IN ARTICLE ONE HUNDRED THIRTY OF THIS
TITLE.
  (C)  Nothing  in this subdivision shall be deemed to limit or diminish
the practice of the profession of nursing as a  registered  professional
nurse  under  this article or any other law, rule, regulation or certif-
ication, nor to deny any registered professional nurse the right  to  do
any  act  or  engage  in  any practice authorized by this article or any
other law, rule, regulation or certification.
  [(g)] (D) The provisions of this subdivision shall not  apply  to  any
activity  authorized,  pursuant  to  statute,  rule or regulation, to be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  (E) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF HEALTH,
SHALL ISSUE A REPORT ON THE IMPLEMENTATION OF  THE  PROVISIONS  OF  THIS
SECTION,  ALONG  WITH  INFORMATION THAT INCLUDES, BUT IS NOT LIMITED TO:
THE NUMBER OF NURSE PRACTITIONERS PRACTICING FOR FEWER THAN THREE  THOU-
SAND  SIX  HUNDRED  HOURS  THAT  PRACTICE PURSUANT TO A WRITTEN PRACTICE
AGREEMENT WITH A PHYSICIAN; THE NUMBER OF NURSE PRACTITIONERS THAT PRAC-
TICE PURSUANT TO A WRITTEN PRACTICE AGREEMENT WITH A NURSE  PRACTITIONER
FOR SIX MONTHS AND THE NUMBER OF THESE NURSE PRACTITIONERS THAT EXTEND A
WRITTEN  PRACTICE  AGREEMENT FOR AN ADDITIONAL SIX MONTHS UPON A SHOWING
OF GOOD CAUSE SUBJECT TO THE APPROVAL OF THE DEPARTMENT; THE  NUMBER  OF
NURSE  PRACTITIONERS  THAT  PRACTICE PURSUANT TO COLLABORATIVE RELATION-
SHIPS WITH PHYSICIANS; AND OTHER INFORMATION THE DEPARTMENT DEEMS  RELE-
VANT,  INCLUDING BUT NOT LIMITED TO, ANY RECOMMENDATIONS FOR THE CONTIN-
UATION OF OR AMENDMENTS TO THE PROVISIONS OF THIS  SECTION  RELATING  TO
WRITTEN  PRACTICE AGREEMENTS OR COLLABORATIVE RELATIONSHIPS. THE COMMIS-
SIONER SHALL SUBMIT THIS REPORT TO THE  GOVERNOR,  THE  SPEAKER  OF  THE
ASSEMBLY,  THE  TEMPORARY PRESIDENT OF THE SENATE, AND THE CHAIRS OF THE
ASSEMBLY AND SENATE HIGHER EDUCATION COMMITTEES BY SEPTEMBER FIRST,  TWO
THOUSAND EIGHTEEN.
  S  3.  This act shall take effect on the first day of January after it
shall have become a law and shall expire June 30 of the sixth year after
it shall have become a law, when upon such date the provisions  of  this

A. 8556--C                         44

act  shall  be  deemed repealed; provided, however, that effective imme-
diately, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its  effective  date  is
authorized  and  directed  to  be  made  and completed on or before such
effective date.

                                 PART E
                          Intentionally Omitted

                                 PART F

Section 1. Section 292 of the executive law is amended by adding  a  new
subdivision 35 to read as follows:
  35.  THE  TERM  "EDUCATIONAL  INSTITUTION", WHEN USED IN THIS ARTICLE,
SHALL MEAN:
  (A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECTARIAN AND EXEMPT FROM TAXATION PURSUANT TO  THE
PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
  (B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, PUBLIC COLLEGE, OR PUBLIC UNIVERSITY.
  S  2. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
  4. It shall be an unlawful discriminatory practice for  an  [education
corporation  or  association  which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant  to  the  provisions  of
article  four  of  the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or  to
permit  the  harassment  of  any  student or applicant, by reason of his
race, color, religion, disability, national origin, sexual  orientation,
military status, sex, age or marital status, except that any such insti-
tution  which  establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
  S 3. This act shall take effect immediately.

                                 PART G

  Section 1. The education law is amended by adding a new section  669-e
to read as follows:
  S 669-E. NEW YORK STATE SCIENCE, TECHNOLOGY, ENGINEERING AND MATHEMAT-
ICS INCENTIVE PROGRAM. 1. UNDERGRADUATE STUDENTS WHO ARE MATRICULATED IN
AN  APPROVED UNDERGRADUATE PROGRAM LEADING TO A CAREER IN SCIENCE, TECH-
NOLOGY, ENGINEERING OR  MATHEMATICS,  INCLUDING,  BUT  NOT  LIMITED  TO,
APPROVED  UNDERGRADUATE  PROGRAMS THAT LEAD TO A CAREER AS A HIGH SCHOOL
SCIENCE OR MATH TEACHER OR A CAREER IN NURSING,  AT  A  NEW  YORK  STATE
PUBLIC  INSTITUTION  OF  HIGHER EDUCATION SHALL BE ELIGIBLE FOR AN AWARD
UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) GRADUATES  FROM  A  HIGH
SCHOOL  LOCATED IN NEW YORK STATE DURING OR AFTER THE TWO THOUSAND THIR-
TEEN--FOURTEEN SCHOOL YEAR; AND (B) GRADUATES WITHIN THE TOP TEN PERCENT
OF HIS OR HER HIGH SCHOOL CLASS; AND (C) ENROLLS IN FULL-TIME STUDY EACH
ACADEMIC YEAR BEGINNING IN THE FALL TERM AFTER HIS OR  HER  HIGH  SCHOOL
GRADUATION  IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,
ENGINEERING OR MATHEMATICS, AS DEFINED BY THE CORPORATION, AT A NEW YORK
STATE PUBLIC INSTITUTION OF HIGHER EDUCATION; AND (D) SIGNS  A  CONTRACT
WITH THE CORPORATION AGREEING THAT HIS OR HER AWARD WILL BE CONVERTED TO
A  STUDENT  LOAN IN THE EVENT THE STUDENT FAILS TO COMPLY WITH THE TERMS

A. 8556--C                         45

OF THIS PROGRAM AS SET FORTH IN SUBDIVISION FOUR OF  THIS  SECTION;  AND
(E)  COMPLIES  WITH  THE  APPLICABLE  PROVISIONS OF THIS ARTICLE AND ALL
REQUIREMENTS PROMULGATED BY THE CORPORATION FOR  THE  ADMINISTRATION  OF
THE PROGRAM.
  2.   AWARDS   SHALL   BE  GRANTED  BEGINNING  WITH  THE  TWO  THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN ACADEMIC YEAR AND  THEREAFTER  TO  APPLI-
CANTS  THAT  THE CORPORATION HAS DETERMINED ARE ELIGIBLE TO RECEIVE SUCH
AWARDS. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN  AMOUNT  EQUAL  TO
THE  AMOUNT  OF  UNDERGRADUATE  TUITION  FOR RESIDENTS OF NEW YORK STATE
CHARGED BY THE STATE UNIVERSITY OF NEW YORK OR ACTUAL  TUITION  CHARGED,
WHICHEVER  IS LESS; PROVIDED, HOWEVER, (A) A STUDENT WHO RECEIVES EDUCA-
TIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S FULL COST  OF
ATTENDANCE  SHALL  NOT  BE ELIGIBLE FOR AN AWARD UNDER THIS PROGRAM; (B)
FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR  SCHOLARSHIPS  THAT
COVER  LESS  THAN  THE  STUDENT'S  FULL  COST OF ATTENDANCE, SUCH GRANTS
AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF THIS PROGRAM  AND
MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM, PROVIDED THAT
THE  COMBINED  BENEFITS DO NOT EXCEED THE STUDENT'S FULL COST OF ATTEND-
ANCE; AND (C) AN AWARD UNDER THIS PROGRAM SHALL BE  APPLIED  TO  TUITION
AFTER  THE  APPLICATION OF ALL OTHER EDUCATIONAL GRANTS AND SCHOLARSHIPS
LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT  EQUAL  TO  SUCH
EDUCATIONAL  GRANTS  AND/OR  SCHOLARSHIPS. UPON NOTIFICATION OF AN AWARD
UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER THE  AMOUNT  OF  TUITION
EQUAL  TO  THE  AWARD.  NO  AWARD  SHALL  BE FINAL UNTIL THE RECIPIENT'S
SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITUTION.
  3. AN ELIGIBLE RECIPIENT SHALL NOT RECEIVE AN AWARD FOR MORE THAN FOUR
ACADEMIC YEARS OF FULL-TIME UNDERGRADUATE STUDY OR FIVE  ACADEMIC  YEARS
IF  THE  PROGRAM  OF  STUDY  NORMALLY REQUIRES FIVE YEARS, EXCLUDING ANY
ALLOWABLE INTERRUPTION OF STUDY.
  4. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT  OF
THE  AWARD GIVEN PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO A
SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) A  RECIPIENT  FAILS
TO  COMPLETE  AN  APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY,
ENGINEERING OR MATHEMATICS OR CHANGES MAJORS TO A PROGRAM OF UNDERGRADU-
ATE STUDY OTHER THAN IN SCIENCE, TECHNOLOGY, ENGINEERING OR MATHEMATICS;
OR (B) UPON COMPLETION OF SUCH UNDERGRADUATE DEGREE PROGRAM A  RECIPIENT
FAILS  TO  EITHER  (I) COMPLETE FIVE YEARS OF EMPLOYMENT IN THE SCIENCE,
TECHNOLOGY, ENGINEERING OR MATHEMATICS FIELD WITH A  PUBLIC  OR  PRIVATE
ENTITY  LOCATED WITHIN NEW YORK STATE, OR (II) MAINTAIN RESIDENCY IN NEW
YORK STATE FOR SUCH PERIOD OF EMPLOYMENT; OR (C) A  RECIPIENT  FAILS  TO
RESPOND  TO  REQUESTS  BY  THE  CORPORATION FOR THE STATUS OF HIS OR HER
ACADEMIC OR PROFESSIONAL PROGRESS.   THE TERMS AND  CONDITIONS  OF  THIS
SUBDIVISION SHALL BE DEFERRED FOR INDIVIDUALS WHO GRADUATE WITH A DEGREE
IN AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE, TECHNOLOGY, ENGINEERING
OR  MATHEMATICS  AND  CONTINUE  THEIR  EDUCATION ON AT LEAST A HALF-TIME
BASIS IN A GRADUATE OR  HIGHER  DEGREE  PROGRAM  OR  OTHER  PROFESSIONAL
LICENSURE  DEGREE  PROGRAM  UNTIL THEY ARE CONFERRED A DEGREE, AND SHALL
ALSO BE DEFERRED FOR ANY INTERRUPTION IN UNDERGRADUATE STUDY OR  EMPLOY-
MENT  AS  ESTABLISHED  BY  THE RULES AND REGULATIONS OF THE CORPORATION.
THE TERMS AND CONDITIONS OF THIS SUBDIVISION MAY ALSO BE DEFERRED FOR  A
GRACE  PERIOD,  TO  BE  ESTABLISHED  BY  THE  CORPORATION, FOLLOWING THE
COMPLETION OF AN APPROVED UNDERGRADUATE PROGRAM IN SCIENCE,  TECHNOLOGY,
ENGINEERING  OR  MATHEMATICS.    ANY  OBLIGATION  TO  COMPLY  WITH  SUCH
PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH
OF THE RECIPIENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION  TO
THE  CONTRARY,  THE  CORPORATION  IS  AUTHORIZED TO PROMULGATE RULES AND

A. 8556--C                         46

REGULATIONS TO PROVIDE FOR THE WAIVER OR  SUSPENSION  OF  ANY  FINANCIAL
OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  5.  THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS,
AND MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE  IMPLEMENTA-
TION  OF  THE PROVISIONS OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO,
THE RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART H

  Section  1.  Paragraph  (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor  law  and  other  laws
implementing  the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital  matching  grant
program  for  independent colleges, as amended by section 1 of part C of
chapter 57 of the laws of 2013, is amended to read as follows:
  (a) The New York state higher education capital matching  grant  board
is  hereby  created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital  matching  grant  program  from  the
effective  date  of  this  section through March 31, [2014] 2017, or the
date on which the last of the funds  available  for  grants  under  this
section  shall  have  been  disbursed,  whichever  is earlier; provided,
however, that the termination of the existence of the  board  shall  not
affect the power and authority of the dormitory authority to perform its
obligations  with  respect  to  any  bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
  S 2. Paragraph (h) of subdivision 4 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part C  of  chapter
57 of the laws of 2013, is amended to read as follows:
  (h)  In  the event that any colleges do not apply for higher education
capital matching grants by March 31, 2009, or in the  event  they  apply
for  and are awarded, but do not use the full amount of such grants, the
unused funds associated with such grants shall thereafter be awarded  to
colleges  on  a competitive basis, according to the priorities set forth
below.  Notwithstanding subdivision five of this  section,  any  college
shall  be  eligible  to  apply  for  such  unused funds in response to a
request for proposals for a  higher  education  capital  matching  grant
pursuant  to  this  paragraph.   In such cases, the following priorities
shall apply: first,  priority  shall  be  given  to  otherwise  eligible
colleges that either were, or would have been, deemed ineligible for the
program  prior  to March 31, 2009, due to missed deadlines, insufficient
matching funds, lack of accreditation or  other  disqualifying  reasons;
and  second,  after  the  board  has  acted upon all such first-priority
applications for unused funds, if any such  funds  remain,  those  funds
shall be available for distribution to eligible colleges.  The dormitory
authority shall develop a request for proposals and application process,
in  consultation  with  the board, for higher education capital matching
grants awarded pursuant to this paragraph, and shall  develop  criteria,
subject  to  review  by the board, for the awarding of such grants. Such
criteria shall include, but not be  limited  to  the  matching  criteria

A. 8556--C                         47

contained  in  paragraph  (c)  of  this subdivision, and the application
criteria set forth in paragraph (e) of this subdivision.  The  dormitory
authority  shall require all applications in response to the request for
proposals  to  be  submitted  by September 1, [2013] 2014, and the board
shall act on each application for such matching grants  by  November  1,
[2013] 2014.
  S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law  and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to the New York state higher education capi-
tal matching grant program  for  independent  colleges,  as  amended  by
section  3  of  part  C of chapter 57 of the laws of 2013, is amended to
read as follows:
  (A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59  of  the  laws  of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er  education  capital  matching  grants,  the director of the budget is
authorized in any state fiscal year commencing  April  1,  2005  or  any
state  fiscal  year  thereafter for a period ending on March 31, [2015,]
2017, to enter into one or more service contracts, none of  which  shall
exceed  30  years  in  duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
  S 4. Paragraph (b) of subdivision 7 of section 1 of part U of  chapter
57  of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year,  relating
to  the  New  York state higher education matching capital grant program
for independent colleges, as amended by section 4 of part C  of  chapter
57 of the laws of 2013, is amended to read as follows:
  (b)  Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2014]
2018, on the use of funding received and its programmatic  and  economic
impact.  The  dormitory  authority  shall  submit a report no later than
November 1, [2014] 2018 to [the board,] the governor,  the  director  of
the  budget,  the  temporary president of the senate, and the speaker of
the assembly on the aggregate impact of the  higher  education  matching
capital  grant  program.  Such  report  shall provide information on the
progress and economic impact of such project.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2014.

                                 PART I

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  E  of  chapter  57  of  the  laws  of 2013, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$158.00] $160.00 for each month  beginning  on
or after January first, two thousand [thirteen] FOURTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$187.00]  $190.00  for  each  month
beginning on or after January first, two thousand [thirteen] FOURTEEN.

A. 8556--C                         48

  (d)  for  the period commencing January first, two thousand [fourteen]
FIFTEEN, the monthly personal needs allowance shall be an  amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
  (1)  the  amounts  specified  in  paragraphs  (a), (b) and (c) of this
subdivision; and
  (2) the amount in subparagraph one of this  paragraph,  multiplied  by
the  percentage  of  any  federal  supplemental  security income cost of
living adjustment which becomes effective on or after January first, two
thousand [fourteen] FIFTEEN, but prior to June thirtieth,  two  thousand
[fourteen] FIFTEEN, rounded to the nearest whole dollar.
  S  2.  Paragraphs  (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of  part
E of chapter 57 of the laws of 2013, are amended to read as follows:
  (a)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual living  alone,  [$797.00]  $808.00;  and  for  an
eligible couple living alone, [$1170.00] $1186.00.
  (b)  On and after January first, two thousand [thirteen] FOURTEEN, for
an eligible individual  living  with  others  with  or  without  in-kind
income, [$733.00] $744.00; and for an eligible couple living with others
with or without in-kind income, [$1112.00] $1128.00.
  (c)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for an eligible individual receiving family care, [$976.48]  $987.48  if
he  or  she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii)  for  an  eligible
couple  receiving  family  care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other  county  in  the  state,  [$938.48]
$949.48;  and  (iv)  for  an  eligible couple receiving such care in any
other county in the state, two times the amount set  forth  in  subpara-
graph (iii) of this paragraph.
  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  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 [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; 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 [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

A. 8556--C                         49

  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.  FOR THE PURPOSES OF SUCH ELECTRONIC
BENEFIT TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES
THE USE OF A CREDIT OR DEBIT CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S  2.  Section  17 of the alcoholic beverage control law is amended by
adding two new subdivisions 10 and 11 to read as follows:
  10. TO REQUIRE EACH APPLICANT SEEKING OR LICENSEE AUTHORIZED  TO  SELL
LIQUOR  AND/OR  WINE  AT RETAIL FOR OFF-PREMISES CONSUMPTION OR LICENSED
WITH A SPECIAL ON-PREMISES LICENSE WHOSE PRINCIPAL BUSINESS IS THE OPER-
ATION OF AN ADULT ENTERTAINMENT FACILITY TO DEMONSTRATE TO THE AUTHORITY
THAT THEY HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENE-
FIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL  SERVICES
LAW  FOR  THE  PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH
REQUIREMENT SHALL NOT BE APPLICABLE IF THE APPLICANT OR  LICENSEE  IS  A
RETAIL ESTABLISHMENT THAT ALSO SELLS GROCERIES, INCLUDING STAPLE FOODS.
  11. TO SUBMIT A REPORT ON DECEMBER FIRST OF EACH YEAR TO THE OFFICE OF
TEMPORARY  AND  DISABILITY ASSISTANCE INCLUDING ALL RELEVANT INFORMATION
DEMONSTRATING THAT ALL APPLICANTS AND LICENSEES: (A) LICENSED UNDER  THE
PROVISIONS  OF  THE ALCOHOLIC BEVERAGE CONTROL LAW TO SELL LIQUOR AND/OR
WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION;  OR  (B)  LICENSED  WITH  A
SPECIAL ON-PREMISES LICENSE UNDER THE PROVISIONS OF THE ALCOHOLIC BEVER-
AGE  CONTROL  LAW  WHOSE PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT
ENTERTAINMENT FACILITY THAT HAVE AUTOMATED TELLER MACHINES AND/OR  POINT
OF  SALE TERMINALS ON PREMISES ARE IN COMPLIANCE AND HAVE REQUIRED THIRD
PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT  TRANSFERS  AS  DEFINED  BY
SECTION  TWENTY-ONE-A  OF  THE  SOCIAL  SERVICES LAW FOR THE PURPOSES OF
ACCESSING PUBLIC ASSISTANCE ON PREMISES. SUCH REPORT SHALL ALSO  CONTAIN
ALL  RELEVANT INFORMATION REGARDING ANY PENALTIES IMPOSED FOR FAILURE TO
PROHIBIT SUCH ACCESS PURSUANT TO SECTION ONE  HUNDRED  EIGHTEEN  OF  THE
THIS  CHAPTER,  AND IF SUCH LICENSEE, IF APPLICABLE, HAS SINCE COME INTO
COMPLIANCE. SUCH INFORMATION  SHALL  NOT  BE  REQUIRED  TO  BE  PROVIDED
REGARDING  ANY APPLICANT OR LICENSEE THAT ALSO SELLS GROCERIES INCLUDING
STAPLE FOODS.
  S 3. Section 105 of the alcoholic beverage control law is  amended  by
adding a new subdivision 24 to read as follows:
  24.  APPLICANTS  AND  RETAIL  LICENSEES  OF  LIQUOR  AND/OR  WINE  FOR
OFF-PREMISES CONSUMPTION WITH AUTOMATED TELLER MACHINES OR POINT OF SALE
TERMINALS ON PREMISES SHALL REQUIRE  THIRD  PARTY  PROCESSORS  TO  BLOCK
ELECTRONIC  BENEFIT  TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF THE
SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC  ASSISTANCE  ON
PREMISES.  SUCH  REQUIREMENT  SHALL  NOT BE APPLICABLE IF IT IS A RETAIL
ESTABLISHMENT THAT ALSO SELLS GROCERIES, INCLUDING STAPLE FOODS.
  S 4. Section 64-a of the alcoholic beverage control law is amended  by
adding a new subdivision 6-a to read as follows:
  6-A.  EVERY  SPECIAL  ON-PREMISES LICENSEE WHOSE PRINCIPAL BUSINESS IS
THE OPERATION OF AN ADULT  ENTERTAINMENT  FACILITY  AS  PERMITTED  UNDER
PARAGRAPH  B  OF  SUBDIVISION  SIX OF THIS SECTION WITH AUTOMATED TELLER
MACHINES OR POINT OF SALE TERMINALS ON  PREMISES,  SHALL  REQUIRE  THIRD
PARTY  PROCESSORS  TO  BLOCK  ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY

A. 8556--C                         50

SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES  LAW  FOR  THE  PURPOSES  OF
ACCESSING PUBLIC ASSISTANCE ON PREMISES.
  S  5.  Section 102 of the alcoholic beverage control law is amended by
adding a new subdivision 8 to read as follows:
  8. NO PERSON, FIRM,  ESTABLISHMENT,  ENTITY  OR  CORPORATION  LICENSED
PURSUANT  TO THIS CHAPTER, TO SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-
PREMISES CONSUMPTION OR LICENSED  WITH  A  SPECIAL  ON-PREMISES  LICENSE
WHOSE  PRINCIPAL  BUSINESS  IS  THE  OPERATION OF AN ADULT ENTERTAINMENT
FACILITY SHALL ALLOW ELECTRONIC BENEFIT TRANSFERS AS DEFINED IN  SECTION
TWENTY-ONE-A  OF  THE  SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING
PUBLIC ASSISTANCE BENEFITS ON PREMISES. SUCH REQUIREMENT  SHALL  NOT  BE
APPLICABLE  IF  IT  IS A RETAIL ESTABLISHMENT THAT ALSO SELLS GROCERIES,
INCLUDING STAPLE FOODS. SHOULD SUCH LICENSEE FAIL TO PREVENT  ELECTRONIC
BENEFIT  TRANSFERS  AS  DEFINED  BY  SECTION  TWENTY-ONE-A OF THE SOCIAL
SERVICES LAW, SUCH FAILURE SHALL CONSTITUTE CAUSE FOR  THE  PURPOSES  OF
SECTION ONE HUNDRED EIGHTEEN OF THIS ARTICLE.
  S  6.  Subdivision  1 of section 118 of the alcoholic beverage control
law is amended by adding a new paragraph (c) to read as follows:
  (C) FOR ALLOWING ELECTRONIC BENEFIT TRANSFERS AS  DEFINED  BY  SECTION
TWENTY-ONE-A  OF  THE  SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING
PUBLIC ASSISTANCE ON PREMISES.
  S 7. Section 104 of the racing, pari-mutuel wagering and breeding  law
is amended by adding a new subdivision 23 to read as follows:
  23.  TO  REQUIRE  EACH APPLICANT SEEKING, OR LICENSEE AUTHORIZED UNDER
THIS CHAPTER TO CONDUCT CHARITABLE GAMING, GAMING, OR HORSE  RACING  AND
PARI-MUTUEL WAGERING ACTIVITIES TO DEMONSTRATE TO THE COMMISSION AND THE
APPROPRIATE  DIVISION  THAT THEY HAVE REQUIRED THIRD PARTY PROCESSORS TO
BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A OF
THE SOCIAL SERVICES LAW AT ANY AUTOMATED TELLER  MACHINE,  OR  POINT  OF
SALE  TERMINAL  LOCATED ON PREMISES FOR THE PURPOSES OF ACCESSING PUBLIC
ASSISTANCE. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A) SUCH FACIL-
ITY IS LOCATED WITHIN THE SAME BUILDING OR COMPLEX AS  A  GROCERY  STORE
THAT  SELLS  GROCERIES  INCLUDING  STAPLE FOODS; (B) SUCH FACILITY IS AN
ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING  ACTIVITIES  INCIDENTAL  TO
THE  PRINCIPAL PURPOSE OF THE BUSINESS; OR (C) TO ANY AREA OF A PARI-MU-
TUEL RACE TRACK THAT DOES NOT ACCEPT WAGERS  AND  IS  NOT  OPEN  TO  THE
PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.
  SHOULD SUCH LICENSEE FAIL TO PREVENT ELECTRONIC BENEFIT  TRANSFERS  AS
DEFINED  BY  SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, THEY SHALL
BE SUBJECT TO DISCIPLINARY ACTION PURSUANT TO THE AUTHORITY PROVIDED  TO
THIS COMMISSION, SECTION FOUR HUNDRED NINETY-FIVE OF THE GENERAL MUNICI-
PAL  LAW OR SECTION ONE THOUSAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH
SHALL INCLUDE EITHER REVOCATION,  CANCELLATION  OR  SUSPENSION  OF  SUCH
LICENSE OR AUTHORIZATION.
  S  8. Subdivision 10 of section 1316 of the racing, pari-mutuel wager-
ing and breeding law, as added by chapter 174 of the laws  of  2013,  is
amended and a new subdivision 11 is added to read as follows:
  10.  formulate  for  board approval and abide by an affirmative action
program of equal opportunity whereby the applicant establishes  specific
goals   for  the  utilization  of  minorities,  women  and  veterans  on
construction jobs[.];
  11. REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT  TRANS-
FERS  AS  DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW FOR
THE PURPOSES OF ACCESSING PUBLIC  ASSISTANCE  AT  ANY  AUTOMATED  TELLER
MACHINE,  OR  POINT  OF  SALE  TERMINAL  LOCATED  ON  THE PREMISES. SUCH

A. 8556--C                         51

REQUIREMENT SHALL NOT BE APPLICABLE IF: (A)  SUCH  FACILITY  IS  LOCATED
WITHIN  THE  SAME  BUILDING  OR  COMPLEX  AS  A GROCERY STORE THAT SELLS
GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH FACILITY IS AN  ESTABLISH-
MENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCI-
PAL PURPOSE OF THE BUSINESS.
  S 9. Subdivision 2 of section 1338 of the racing, pari-mutuel wagering
and  breeding  law,  as  added  by  chapter  174 of the laws of 2013, is
amended to read as follows:
  2. prohibit authorized automated teller machines  AND  POINT  OF  SALE
TERMINALS from accepting electronic benefit [cards] TRANSFERS AS DEFINED
BY  SECTION  TWENTY-ONE-A  OF  THE  SOCIAL SERVICES LAW, debit cards, or
similar negotiable instruments issued by the state or political subdivi-
sions for the  purpose  of  accessing  temporary  public  assistance  BY
REQUIRING THIRD PARTY PROCESSORS TO BLOCK SUCH TRANSACTIONS;
  S  10. Section 480 of the general municipal law is amended by adding a
new subdivision 3 to read as follows:
  3. EACH APPLICANT FOR A LICENSE  WITH  AUTOMATED  TELLER  MACHINES  OR
POINT OF SALE TERMINALS ON PREMISES SHALL REQUIRE THIRD PARTY PROCESSORS
TO BLOCK ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A
OF  THE SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSIST-
ANCE ON PREMISES. SUCH REQUIREMENT SHALL NOT BE APPLICABLE IF: (A)  SUCH
FACILITY  IS  LOCATED  WITHIN  THE SAME BUILDING OR COMPLEX AS A GROCERY
STORE THAT SELLS GROCERIES INCLUDING STAPLE FOODS; OR (B) SUCH  FACILITY
IS AN ESTABLISHMENT THAT OFFERS GAMBLING OR GAMING ACTIVITIES INCIDENTAL
TO THE PRINCIPAL PURPOSE OF THE BUSINESS.
  S 11. Subdivisions 5 and 6 and the closing paragraph of section 495 of
the  general  municipal  law,  as  amended by chapter 438 of the laws of
1962, are amended and a new subdivision 7 is added to read as follows:
  (5) divert or pay any portion of the net proceeds of any game of bingo
to any person, association or corporation, except in furtherance of  one
or more of the lawful purposes defined in this article; [or]
  (6)  violate  any  of the provisions of this article or of any term of
any license issued under this article; OR
  (7)  ALLOW  ELECTRONIC  BENEFIT  TRANSFERS  AS  DEFINED   BY   SECTION
TWENTY-ONE-A  OF  THE  SOCIAL SERVICES LAW FOR THE PURPOSES OF ACCESSING
PUBLIC ASSISTANCE BENEFITS;
shall be guilty of a misdemeanor and shall forfeit  any  license  issued
under  this  article and be ineligible to apply for a license under this
article for one year thereafter, EXCEPT FOR AN OFFENSE AS  SPECIFIED  IN
SUBDIVISION  SEVEN  OF  THIS  SECTION. ANY PERSON, ASSOCIATION OR CORPO-
RATION LICENSED UNDER THIS ARTICLE, WHO ALLOWS AN OFFENSE AS  DELINEATED
IN  SUBDIVISION  SEVEN  OF THIS SECTION SHALL BE SUBJECT TO DISCIPLINARY
ACTIONS WHICH SHALL INCLUDE EITHER REVOCATION, CANCELLATION  OR  SUSPEN-
SION OF SUCH LICENSE OR AUTHORIZATION.
  S  12. Section 1617-a of the tax law is amended by adding a new subdi-
vision i to read as follows:
  I. EACH APPLICANT, OR LICENSEE AUTHORIZED UNDER THIS ARTICLE TO  OPER-
ATE  A VIDEO LOTTERY TERMINAL WITH AUTOMATED TELLER MACHINES OR POINT OF
SALE TERMINALS ON PREMISES SHALL REQUIRE THIRD PARTY PROCESSORS TO BLOCK
ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A  OF  THE
SOCIAL  SERVICES  LAW  FOR  THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE.
SUCH REQUIREMENT SHALL NOT  BE  APPLICABLE  IF:  (A)  SUCH  FACILITY  IS
LOCATED  WITHIN  THE  SAME  BUILDING OR COMPLEX AS A GROCERY STORE WHICH
SELLS GROCERIES INCLUDING STAPLE FOODS;  OR  (B)  SUCH  FACILITY  IS  AN
ESTABLISHMENT  THAT  OFFERS  GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO
THE PRINCIPAL PURPOSE OF THE BUSINESS.

A. 8556--C                         52

  SHOULD SUCH LICENSEE FAIL TO PREVENT ELECTRONIC BENEFIT  TRANSFERS  AS
DEFINED  BY  SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES LAW, THEY SHALL
BE SUBJECT TO DISCIPLINARY ACTIONS PURSUANT TO SECTION ONE HUNDRED  FOUR
OF  THE  RACING,  PARI-MUTUEL  WAGERING AND BREEDING LAW AND SECTION ONE
THOUSAND  SIX  HUNDRED SEVEN OF THIS CHAPTER, WHICH SHALL INCLUDE EITHER
REVOCATION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
  S 13. Section 1607 of the tax law is amended by adding a new  subdivi-
sion i to read as follows:
  I. FAILURE OF LICENSEES AUTHORIZED TO OPERATE A VIDEO LOTTERY TERMINAL
TO  REQUIRE THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT TRANSFERS
AS DEFINED BY SECTION TWENTY-ONE-A OF THE SOCIAL SERVICES  LAW  FOR  THE
PURPOSES OF ACCESSING PUBLIC ASSISTANCE BENEFITS. SUCH REQUIREMENT SHALL
NOT  BE  APPLICABLE  IF:  (A)  SUCH  FACILITY IS LOCATED WITHIN THE SAME
BUILDING OR COMPLEX AS A GROCERY STORE THAT  SELLS  GROCERIES  INCLUDING
STAPLE  FOODS;  OR  (B)  SUCH  FACILITY  IS AN ESTABLISHMENT THAT OFFERS
GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE
BUSINESS.
  S 14. Section 104 of the racing, pari-mutuel wagering and breeding law
is amended by adding a new subdivision 24 to read as follows:
  24. TO SUBMIT A REPORT ON DECEMBER FIRST OF EACH YEAR TO THE OFFICE OF
TEMPORARY AND DISABILITY ASSISTANCE INCLUDING ALL  RELEVANT  INFORMATION
DEMONSTRATING THAT ALL APPLICANTS AND LICENSEES: (A) LICENSED OR AUTHOR-
IZED  TO  CONDUCT  PARI-MUTUEL WAGERING ACTIVITY UNDER THIS CHAPTER; (B)
LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF
THE GENERAL MUNICIPAL LAW; (C) LICENSED TO PARTICIPATE IN THE  OPERATION
OF  A  VIDEO  LOTTERY  FACILITY  UNDER  SECTION ONE THOUSAND SIX HUNDRED
SEVENTEEN-A OF THE TAX LAW; OR (D) LICENSED TO OPERATE A GAMING FACILITY
UNDER SECTION ONE THOUSAND THREE HUNDRED ELEVEN  OF  THIS  CHAPTER  THAT
HAVE  AUTOMATED  TELLER MACHINES AND/OR POINT OF SALE TERMINALS ON PREM-
ISES ARE IN COMPLIANCE AND HAVE REQUIRED THIRD PARTY PROCESSORS TO BLOCK
ELECTRONIC BENEFIT TRANSFERS AS DEFINED BY SECTION TWENTY-ONE-A  OF  THE
SOCIAL  SERVICES  LAW FOR THE PURPOSES OF ACCESSING PUBLIC ASSISTANCE ON
PREMISES. SUCH  REPORT  SHALL  ALSO  CONTAIN  ALL  RELEVANT  INFORMATION
REGARDING ANY PENALTIES IMPOSED FOR FAILURE TO PROHIBIT SUCH ACCESS, AND
IF  SUCH  LICENSEE,  IF APPLICABLE, HAS SINCE COME INTO COMPLIANCE. SUCH
INFORMATION SHALL NOT BE REQUIRED TO BE PROVIDED  REGARDING  ANY  ENTITY
LOCATED  WITHIN  THE  SAME  BUILDING  OR COMPLEX AS A GROCERY STORE THAT
SELLS GROCERIES INCLUDING STAPLE FOODS; OR FOR SUCH ENTITY  THAT  OFFERS
GAMBLING OR GAMING ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE
BUSINESS.
  S  15. Section 151 of the social services law, as added by chapter 570
of the laws of 1951, is amended to read as follows:
  S 151. [Penalty] PENALTIES for cashing  public  assistance  checks  OR
ACCEPTING   ELECTRONIC   BENEFIT   TRANSFERS   FROM   PUBLIC  ASSISTANCE
RECIPIENTS.  [No] 1. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION TWO  OF
THIS  SECTION,  NO  person, firm, ESTABLISHMENT, ENTITY, or corporation:
(A) licensed under the [provision] PROVISIONS of the alcoholic  beverage
control  law  to  sell  liquor  AND/OR  WINE  at retail FOR OFF-PREMISES
CONSUMPTION; (B) LICENSED WITH A SPECIAL ON-PREMISES LICENSE  UNDER  THE
PROVISIONS  OF  THE ALCOHOLIC BEVERAGE CONTROL LAW WHOSE PRINCIPAL BUSI-
NESS IS THE OPERATION OF AN ADULT ENTERTAINMENT FACILITY;  (C)  LICENSED
OR AUTHORIZED TO CONDUCT PARI-MUTUEL WAGERING ACTIVITY UNDER THE RACING,
PARI-MUTUEL  WAGERING  AND  BREEDING LAW; (D) LICENSED TO PARTICIPATE IN
CHARITABLE GAMING UNDER ARTICLE FOURTEEN-H OF THE GENERAL MUNICIPAL LAW;
(E) LICENSED TO PARTICIPATE IN THE OPERATION OF A VIDEO LOTTERY FACILITY
UNDER SECTION ONE THOUSAND SIX HUNDRED SEVENTEEN-A OF THE TAX  LAW;  (F)

A. 8556--C                         53

LICENSED  TO  OPERATE A GAMING FACILITY UNDER SECTION ONE THOUSAND THREE
HUNDRED ELEVEN OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW;  OR
(G)  THAT  IS  THE  OWNER  OF A BUSINESS PROVIDING ADULT-ORIENTED ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT shall cash or accept[, for  any  purpose  whatsoever,]
any  public  assistance check OR ELECTRONIC BENEFIT TRANSFER issued by a
[public welfare] SOCIAL SERVICES  official  or  department  as  and  for
public assistance.
  2.  SUCH  RESTRICTIONS  SHALL NOT APPLY TO: (A) ANY GROCERY STORE THAT
SELLS GROCERIES INCLUDING STAPLE FOODS  AND  THAT  ALSO  OFFERS,  OR  IS
LOCATED  WITHIN  THE  SAME  BUILDING  OR  COMPLEX AS A CASINO, OR GAMING
ESTABLISHMENT; (B) ANY AREA OF A PARI-MUTUEL RACE TRACK  THAT  DOES  NOT
ACCEPT  WAGERS  AND IS NOT OPEN TO THE PUBLIC OR TO UNAUTHORIZED PERSON-
NEL, SUCH AS NON-WAGERING AREAS OF THE BACKSTRETCH; (C)  ANY  ESTABLISH-
MENT  THAT  OFFERS GAMBLING INCIDENTAL TO THE PRINCIPAL PURPOSE OF BUSI-
NESS; OR (D) ANY ESTABLISHMENT THAT  SELLS  GROCERIES  INCLUDING  STAPLE
FOODS  AND LIQUOR AND/OR WINE FOR OFF PREMISES CONSUMPTION. FOR PURPOSES
OF THIS PARAGRAPH, "GAMING ESTABLISHMENT" SHALL MEAN ANY  VIDEO  LOTTERY
FACILITY,  OFF-TRACK BETTING BRANCH OFFICE, SIMULCAST FACILITY, LICENSED
COMMERCIAL CHARITABLE GAMING FACILITY, OR ANY PARI-MUTUEL RACE TRACK.
  3. PENALTIES. (A) A violation of the provisions OF SUBDIVISION ONE  of
this section [for the first offense shall be punishable by a fine not to
exceed  fifty  dollars.   A second offense] TAKING PLACE AT THE LICENSED
PREMISES BY A PERSON, CORPORATION OR ENTITY LICENSED UNDER THE ALCOHOLIC
BEVERAGE CONTROL LAW: (I) TO SELL LIQUOR AND/OR WINE AT RETAIL FOR  OFF-
PREMISES  CONSUMPTION;  OR (II) WITH A SPECIAL ON-PREMISES LICENSE WHOSE
PRINCIPAL BUSINESS IS THE OPERATION OF AN ADULT  ENTERTAINMENT  FACILITY
AS  PERMITTED  BY THE RULES OF THE STATE LIQUOR AUTHORITY, shall consti-
tute [sufficient] cause, FOR THE PURPOSES OF SECTION ONE  HUNDRED  EIGH-
TEEN OF THE ALCOHOLIC BEVERAGE CONTROL LAW for the revocation, cancella-
tion  or  suspension  of  such license [issued pursuant to the alcoholic
beverage control law].
  (B) A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF  THIS  SECTION
BY ANY PERSON, CORPORATION OR ENTITY LICENSED TO OPERATE A GAMING FACIL-
ITY  UNDER  SECTION  ONE  THOUSAND  THREE  HUNDRED ELEVEN OF THE RACING,
PARI-MUTUEL WAGERING AND BREEDING LAW; LICENSED UNDER SECTION ONE  THOU-
SAND SIX HUNDRED SEVENTEEN-A OF THE TAX LAW TO PARTICIPATE IN THE OPERA-
TION  OF  A  VIDEO  LOTTERY  FACILITY; LICENSED OR AUTHORIZED TO CONDUCT
PARI-MUTUEL WAGERING UNDER THE RACING, PARI-MUTUEL WAGERING AND BREEDING
LAW; OR LICENSED TO PARTICIPATE IN CHARITABLE GAMING UNDER ARTICLE FOUR-
TEEN-H OF THE GENERAL MUNICIPAL LAW, SHALL SUBJECT SUCH  PERSON,  CORPO-
RATION  OR ENTITY TO DISCIPLINARY ACTION PURSUANT TO SECTION ONE HUNDRED
FOUR OF THE RACING, PARI-MUTUEL WAGERING AND BREEDING LAW, SECTION  FOUR
HUNDRED  NINETY-FIVE  OF THE GENERAL MUNICIPAL LAW AND SECTION ONE THOU-
SAND SIX HUNDRED SEVEN OF THE TAX LAW, WHICH SHALL INCLUDE EITHER  REVO-
CATION, CANCELLATION OR SUSPENSION OF SUCH LICENSE OR AUTHORIZATION.
  (C)  A  VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
BY ANY PERSON, FIRM, ESTABLISHMENT, ENTITY OR CORPORATION  THAT  IS  THE
OWNER  OF  A  BUSINESS  PROVIDING  ADULT-ORIENTED ENTERTAINMENT IN WHICH
PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE  FOR  ENTERTAINMENT,
WHICH  IS  NOT  OTHERWISE  LICENSED  PURSUANT  TO THE ALCOHOLIC BEVERAGE
CONTROL LAW, SHALL BE A VIOLATION, AS DEFINED IN  SUBDIVISION  THREE  OF
SECTION  10.00  OF THE PENAL LAW, SUBJECT TO A FINE OF NOT MORE THAN ONE
HUNDRED DOLLARS, A SECOND SUCH VIOLATION SHALL BE SUBJECT TO A  FINE  OF
NOT  MORE  THAN  FIVE  HUNDRED  DOLLARS,  AND A THIRD OR SUBSEQUENT SUCH

A. 8556--C                         54

VIOLATION SHALL BE SUBJECT TO A FINE  OF  NOT  MORE  THAN  ONE  THOUSAND
DOLLARS.
  4.  THE OFFICE SHALL HAVE THE AUTHORITY TO COLLABORATE WITH AND ASSIST
THE NEW YORK STATE LIQUOR AUTHORITY, THE NEW YORK STATE  GAMING  COMMIS-
SION, ANY NECESSARY LICENSEE AND ANY BUSINESS WHOSE PRINCIPAL PURPOSE OF
BUSINESS  IS  PROVIDING ADULT ORIENTED ENTERTAINMENT IN WHICH PERFORMERS
DISROBE OR PERFORM IN AN UNCLOTHED  STATE  FOR  ENTERTAINMENT  WITH  THE
PROCESS  OF REQUIRING THIRD PARTY PROCESSORS TO BLOCK ELECTRONIC BENEFIT
TRANSFERS. SUCH  ASSISTANCE  MAY  INCLUDE  MONITORING  AUTOMATED  TELLER
MACHINE  AND POINT OF SALE TERMINAL REPORTS TO ENSURE THE BANK IDENTIFI-
CATION NUMBER ASSOCIATED WITH ELECTRONIC BENEFIT TRANSFER CARDS HAS BEEN
SUCCESSFULLY BLOCKED.
  S 16. This act shall take effect on the sixtieth day  after  it  shall
have  become  a  law;  provided,  however,  the New York state office of
temporary and disability assistance, the New York state liquor authority
and the New York state gaming commission shall be authorized to  promul-
gate  regulations  on an emergency basis and immediately take such other
actions as necessary to implement the provisions of this act;  provided,
further,  that  the  amendments  to section 17 of the alcoholic beverage
control law made by section two of this act shall not affect the expira-
tion of such section and shall be deemed to expire therewith.
                                  PART K

  Section 1. Notwithstanding any other provision  of  law,  the  housing
trust  fund  corporation  (the corporation) may provide, for purposes of
the rural rental assistance program, a sum not to exceed twenty  million
four hundred thousand dollars for the fiscal year ending March 31, 2015.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total sum not to exceed twenty million four hundred thousand dollars  as
soon as practicable but no later than June 30, 2014. Notwithstanding any
other provision of law, all current and existing rural rental assistance
program  contracts  may  be assigned to the corporation to administer as
soon as practicable. Notwithstanding any other provision  of  law,  such
funds  may  be used by the corporation in support of contracts scheduled
to expire in 2014-15 for as many as 10 additional years; in  support  of
contracts  for new eligible projects for a period not to exceed 5 years;
and in support of contracts which reach their 25 year maximum in  and/or
prior to 2014-15 for an additional one year period.
  S  2.  Notwithstanding any other provision of law, the housing finance
agency may provide, for costs  associated  with  the  rehabilitation  of
Mitchell  Lama  housing projects, a sum not to exceed thirty-two million
dollars for the fiscal year ending March 31, 2015.  Notwithstanding  any
other  provision  of  law, and provided that the reserves in the project
pool insurance account of the mortgage insurance fund  created  pursuant
to section 2429-b of the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish  the  purposes of such account, the board of directors of the

A. 8556--C                         55

state of New York mortgage agency shall authorize the transfer from  the
project  pool  insurance  account  of the mortgage insurance fund to the
housing finance agency, for the purposes of reimbursing any costs  asso-
ciated with Mitchell Lama housing projects authorized by this section, a
total  sum not to exceed thirty-two million dollars as soon as practica-
ble but no later than March 31, 2015.
  S 3. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
neighborhood preservation program and for the purpose of entering into a
contract with the neighborhood preservation coalition to provide techni-
cal assistance and services to companies funded pursuant to article  XVI
of  the  private  housing  finance  law, a sum not to exceed ten million
seventy-three thousand dollars for the  fiscal  year  ending  March  31,
2015. The contract with the neighborhood preservation coalition shall be
an  amount  not  less than one hundred fifty thousand dollars.  Notwith-
standing any other provision of law, and provided that the  reserves  in
the  project  pool  insurance  account  of  the  mortgage insurance fund
created pursuant to section 2429-b of the  public  authorities  law  are
sufficient  to  attain  and maintain the credit rating (as determined by
the agency) required to accomplish the purposes  of  such  account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
neighborhood  preservation  program  contracts and the contract with the
neighborhood preservation coalition authorized by this section, a  total
sum  not to exceed ten million seventy-three thousand dollars as soon as
practicable but no later than June 30, 2014.
  S 4. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
rural preservation program and  for  the  purpose  of  entering  into  a
contract  with  the rural housing coalition to provide technical assist-
ance and services to companies funded pursuant to  article  XII  of  the
private  housing  finance  law,  a  sum  not  to exceed four million two
hundred four thousand dollars for the fiscal year ending March 31, 2015.
The contract with the rural housing coalition shall be in an amount  not
less than one hundred fifty thousand dollars.  Notwithstanding any other
provision  of  law,  and  provided that the reserves in the project pool
insurance account of the mortgage insurance  fund  created  pursuant  to
section  2429-b  of  the public authorities law are sufficient to attain
and maintain the credit rating (as determined by the agency) required to
accomplish the purposes of such account, the board of directors  of  the
state  of New York mortgage agency shall authorize the transfer from the
project pool insurance account of the mortgage  insurance  fund  to  the
housing  trust  fund  corporation (the corporation), for the purposes of
reimbursing  any  costs  associated  with  rural  preservation   program
contracts  and  the contract with the rural housing coalition authorized
by this section, a total sum not to exceed four million two hundred four
thousand dollars as soon as practicable but no later than June 30, 2014.
  S 5.  Notwithstanding any other provision of law,  and  provided  that
the  reserves  in  the  project  pool  insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain  the  credit  rating  (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of

A. 8556--C                         56

the  mortgage  insurance  fund  to the state treasury for deposit in the
general fund a total sum not to exceed twenty million dollars as soon as
practicable but no later than March 31, 2015.
  S  6.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  the  purposes  of
carrying out the provisions of the low income housing trust fund program
created  pursuant to article XVIII of the private housing finance law, a
sum not to exceed two million five  hundred  thousand  dollars  for  the
fiscal  year  ending March 31, 2015. Notwithstanding any other provision
of law, and provided that reserves in the project pool insurance account
of the mortgage insurance fund created pursuant to section 2429-b of the
public authorities law are sufficient to attain and maintain the  credit
rating (as determined by the agency) required to accomplish the purposes
of  such  account, the board of directors of the state of New York mort-
gage agency shall authorize the transfer from the project pool insurance
account of the mortgage insurance fund to the housing trust fund  corpo-
ration   (the  corporation),  for  the  purposes  of  carrying  out  the
provisions of the low income housing trust fund program created pursuant
to article XVIII of the private housing finance law authorized  by  this
section,  a  total  sum  not to exceed two million five hundred thousand
dollars as soon as practicable but no later than March 31, 2015.
  S 7. Notwithstanding any other provision of  law,  the  housing  trust
fund  corporation  (the  corporation)  may  provide, for purposes of the
homes for working families program for deposit in the housing trust fund
created pursuant to section 59-a of the private housing finance law  and
subject  to  the  provisions  of  article  XVIII  of the private housing
finance law, a sum not to exceed one million seven hundred  fifty  thou-
sand  dollars for the fiscal year ending March 31, 2015. Notwithstanding
any other provision of law,  and  provided  that  the  reserves  in  the
project  pool  insurance  account of the mortgage insurance fund created
pursuant to section 2429-b of the public authorities law are  sufficient
to  attain  and maintain the credit rating (as determined by the agency)
required to accomplish the purposes of such account, the board of direc-
tors of the state of New York mortgage agency shall authorize the trans-
fer from the project pool insurance account of  the  mortgage  insurance
fund  to  the  housing trust fund corporation (the corporation), for the
purposes of reimbursing any costs  associated  with  homes  for  working
families  program  contracts authorized by this section, a total sum not
to exceed one million seven hundred fifty thousand dollars  as  soon  as
practicable but no later than March 31, 2015.
  S 8. This act shall take effect immediately.

                                 PART L

  Section  1.  Subparagraph 8 of paragraph h of subdivision 4 of section
1950 of the education law, as added by section 1 of part K of chapter 57
of the laws of 2012, is amended to read as follows:
  (8) To enter into contracts with the commissioner  of  the  office  of
children  and  family  services pursuant to subdivision six-a of section
thirty-two hundred two of this chapter to provide to  such  office,  for
the  benefit  of  youth  in  its custody, any special education programs
[and], related services AND  CAREER  AND  TECHNICAL  EDUCATION  SERVICES
provided  by  the board of cooperative educational services to component
school districts. Any such proposed contract shall  be  subject  to  the
review  and  approval  of  the  commissioner  to determine that it is an
approved cooperative educational service. Services provided pursuant  to

A. 8556--C                         57

such  contracts  shall be provided at cost, and the board of cooperative
educational services  shall  not  be  authorized  to  charge  any  costs
incurred in providing such services to its component school districts.
  S  2. Subdivision 6-a of section 3202 of the education law, as amended
by section 2 of part K of chapter 57 of the laws of 2012, is amended  to
read as follows:
  6-a.  Notwithstanding subdivision six of this section or any other law
to the contrary, the commissioner of the office of children  and  family
services  shall  be responsible for the secular education of youth under
the jurisdiction of the office and may contract for such education  with
the  trustees  or  board  of  education of the school district wherein a
facility for the residential care of such youth is located or  with  the
board  of  cooperative  educational  services  at  which any such school
district is a component district for special education  programs  [and],
related  services  AND CAREER AND TECHNICAL EDUCATION SERVICES.  A youth
attending a local public school while  in  residence  at  such  facility
shall  be  deemed  a resident of the school district where his parent or
guardian resides at the commencement of each school year for the purpose
of determining which  school  district  shall  be  responsible  for  the
youth's  tuition  pursuant to section five hundred four of the executive
law.
  S 3. Section 3 of part K of chapter 57 of the laws of  2012,  amending
the  education  law  relating  to  authorizing  the board of cooperative
educational services to enter into contracts with  the  commissioner  of
children  and family services to provide certain services, is amended to
read as follows:
  S 3. The office of children and family services, in consultation  with
the  STATE EDUCATION department [of education], shall prepare and submit
to the governor, the temporary president of the senate and  the  speaker
of  the  assembly  a  report by December 1, 2015, that shall analyze the
cost effectiveness and programmatic impact of delivering special  educa-
tion programs [and], related services AND CAREER AND TECHNICAL EDUCATION
SERVICES  through boards of cooperative educational services in juvenile
justice facilities operated by the office.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to subparagraph 8 of paragraph h of subdivision 4 of section 1950
of the education law made by section one of this act  shall  not  affect
the  expiration  and repeal of such subparagraph and shall expire and be
deemed repealed therewith pursuant to section 4 of part K of chapter  57
of the laws of 2012, and provided further, that the amendments to subdi-
vision  6-a  of section 3202 of the education law made by section two of
this act shall be subject to the expiration and reversion of such subdi-
vision pursuant to section 4 of part K of chapter  57  of  the  laws  of
2012;  and  the  amendments made to section 3 of part K of chapter 57 of
the laws of 2012 by section three of  this  act  shall  not  affect  the
repeal  of such section as provided in section 4 of part K of chapter 57
of the laws of 2012 and shall be deemed repealed therewith.

                                 PART M

  Section 1. Section 131-a of the social  services  law  is  amended  by
adding a new subdivision 14 to read as follows:
  14.  IN  DETERMINING  THE  NEED  FOR  AID  PROVIDED PURSUANT TO PUBLIC
ASSISTANCE PROGRAMS, EACH PERSON LIVING  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE
MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE

A. 8556--C                         58

UNIT  PROVIDING  HIV/AIDS  SERVICES, PUBLIC ASSISTANCE AND EARNED AND/OR
UNEARNED INCOME, SHALL NOT BE REQUIRED TO PAY MORE THAN  THIRTY  PERCENT
OF  HIS  OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE COST OF
RENT  THAT  SUCH  PERSON  HAS A DIRECT OBLIGATION TO PAY; THIS PROVISION
SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS.
  S 2. This act shall take effect immediately; provided  that  no  funds
shall  be  expended  pursuant  to  this  act until a plan submitted by a
district has been approved by the office  of  temporary  and  disability
assistance and the director of the budget.
                                  PART N
  Section  1.  This act shall be known and may be cited as the "New York
state DREAM Act".
  S 2. The education law is amended by adding a new section 609 to  read
as follows:
  S  609. NEW YORK DREAM FUND COMMISSION.  1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED  TO  ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
  (B)  THE  NEW  YORK  DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
  (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
  (II) THREE MEMBERS SHALL BE APPOINTED BY THE  TEMPORARY  PRESIDENT  OF
THE SENATE;
  (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
  (IV)  ONE  MEMBER  SHALL  BE  APPOINTED  BY THE MINORITY LEADER OF THE
SENATE;
  (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
  (C) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
REFLECT  THE  RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
  (D) TO THE  EXTENT  PRACTICABLE,  MEMBERS  OF  SUCH  COMMISSION  SHALL
INCLUDE  COLLEGE  AND  UNIVERSITY  ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF  THE
CHILDREN OF IMMIGRANTS.
  (E)  MEMBERS  OF  THE  NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
  2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
  (I) ADMINISTER THE PROVISIONS OF THIS SECTION;
  (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
  (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE  RESPONSIBIL-
ITY  OF  RAISING  FUNDS  FOR  THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN  OF  IMMI-
GRANTS TO THE UNITED STATES;
  (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
  (V)  DEVELOP  CRITERIA  AND  A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
  (VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS  AND  OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
  (VII)  ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL  AID  OFFICERS  OF
INSTITUTIONS  OF  HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND

A. 8556--C                         59

STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT  LIMITED
TO,  IN-STATE  TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO  SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN  TO
SCHOOL  DISTRICTS  AND  BOARDS  OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  WITH  LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
  (VIII)  ESTABLISH  A  PUBLIC  AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE  THE  CHILDREN
OF IMMIGRANTS; AND
  (IX)  ESTABLISH,  BY  RULE,  PROCEDURES  FOR  ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND  ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
  (B)  TO  RECEIVE  A  SCHOLARSHIP  PURSUANT  TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
  (I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE  ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
  (II)  HAVE  GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
  (III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE  FOR
AT  LEAST  TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
  (IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
  (C) THE NEW YORK DREAM FUND COMMISSION AND THE  NEW  YORK  DREAM  FUND
SHALL  BE  FUNDED  ENTIRELY  BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND.   NO  FUNDS
OF  THE  NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR  SHALL
BE  USED  FOR  ANY  PURPOSE  OTHER  THAN  THE PURPOSES SET FORTH IN THIS
SECTION.
  3. THE NEW YORK DREAM FUND COMMISSION AND  THE  NEW  YORK  DREAM  FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
  S 3. Subdivision 3 of section 661 of the education law is REPEALED.
  S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  a. (I) Except as provided in subdivision two of  section  six  hundred
seventy-four  OF  THIS  PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
applicant for an award at the undergraduate level of study  must  either
[(i)]  (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term  of
attendance  for  which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal  resident  during
his  last  two  semesters  of high school either prior to graduation, or
prior to admission to college. Provided further that  persons  shall  be
eligible  to  receive  awards  under  section six hundred sixty-eight or
section six hundred sixty-nine OF THIS  PART  who  are  currently  legal
residents of the state and are otherwise qualified.
  (II)  AN  APPLICANT  WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A  UNITED  STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN

A. 8556--C                         60

APPLICANT  WITHOUT  LAWFUL  IMMIGRATION  STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION 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 ELIGIBLE TO DO SO.
  S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  466 of the laws of 1977, is amended to read as
follows:
  b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF  THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either  [(i)]  (A)  have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application  for  assistance  is  made,  or
[(ii)]  (B) be a legal resident of the state and have been a legal resi-
dent during his last academic  year  of  undergraduate  study  and  have
continued  to  be  a  legal resident until matriculation in the graduate
program.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF  THE  STATE  ELIGIBLE
PURSUANT  TO  SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL  BE  ELIGIBLE  FOR  AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
  (A)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (B)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (C)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.

A. 8556--C                         61

  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION 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 ELIGIBLE TO DO SO.
  S 6. Paragraph d of subdivision 5 of section 661 of the education law,
as  amended  by  chapter  844 of the laws of 1975, is amended to read as
follows:
  d. If an applicant for an award allocated on a  geographic  basis  has
more  than  one  residence  in  this state, his OR HER residence for the
purpose of this article shall be his OR HER place  of  actual  residence
during  the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT  TO
SUBPARAGRAPH  (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR  PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
  S 7. Paragraph e of subdivision 5 of section 661 of the education law,
as  added  by  chapter  630  of  the laws of 2005, is amended to read as
follows:
  e. Notwithstanding any other provision of this article to the  contra-
ry,  the  New  York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse  or  dependent  of  a
member,  of  the  armed  forces of the United States on full-time active
duty and stationed in this state.
  S 8. Paragraph h of subdivision 2 of section 355 of the education  law
is amended by adding a new subparagraph 10 to read as follows:
  (10)  SUCH  REGULATIONS  SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
  (D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS  NOT  A
LEGAL  RESIDENT  OF  NEW  YORK  STATE  BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN  APPLICANT
WITHOUT  LAWFUL  IMMIGRATION  STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  OR
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER,  PROVIDED
THAT  THE  STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF  SUBDIVISION  FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S  10.  Section  6305  of the education law is amended by adding a new
subdivision 8-a to read as follows:
  8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES  OF  A  STUDENT
WHO  IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESI-

A. 8556--C                         62

DENT,  A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS  AND
OTHER  FINANCIAL  ASSISTANCE  AWARDED  UNDER  THE PROVISIONS OF ARTICLES
THIRTEEN,  THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN  SUBPARAGRAPH  (II)
OF  PARAGRAPH  A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
  S 11. Paragraph d of subdivision 3 of section 6451  of  the  education
law,  as  amended by chapter 149 of the laws of 1972, is amended to read
as follows:
  d. Any necessary supplemental financial assistance, which may  include
the  cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED  THAT  THE
STUDENT  MEETS  THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF  PARAGRAPH  B  OF  SUBDIVISION  FIVE  OF
SECTION  SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be  furnished
pursuant  to  criteria promulgated by the commissioner with the approval
of the director of the budget.
  S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws  of  1970,  is
amended to read as follows:
  (v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS  WITHOUT  LAWFUL  IMMIGRATION  STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A  OR
SUBPARAGRAPH  (II)  OF  PARAGRAPH  B  OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER,  AS  APPLICABLE;  provided,  however,
that  such supplemental financial assistance shall be furnished pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
  S 13. Paragraph (a) of subdivision 2 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Undergraduate science and technology entry program moneys  may
be  used  for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance,  program  administration,  and  other
activities  which  the commissioner may deem appropriate. To be eligible
for  undergraduate  collegiate  science  and  technology  entry  program
support,  a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE  either
economically  disadvantaged  or from a minority group historically under
represented in the  scientific,  technical,  health  and  health-related
professions,  and  [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level  program  of  study,  as  defined  by  the
regents.
  (II)  AN  APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL  RESIDENT,  A  LAWFUL
NON-IMMIGRANT  ALIEN  OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  ATTENDED  A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A  REGISTERED  NEW  YORK  STATE  HIGH  SCHOOL  AND
APPLIED  FOR  ATTENDANCE  AT THE INSTITUTION OF HIGHER EDUCATION FOR THE

A. 8556--C                         63

UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN
FIVE  YEARS  OF  RECEIVING  A  STATE  HIGH  SCHOOL  EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR  MORE  YEARS,
GRADUATED  FROM  AN  APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN  FIVE  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-
SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED, FURTHER, THAT A STUDENT WITHOUT  LAWFUL  IMMIGRATION  STATUS
SHALL  ALSO  BE  REQUIRED  TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED  AN  APPLICATION  TO
LEGALIZE  HIS OR IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION AS
SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
  S 14. Paragraph (a) of subdivision 3 of section 6455 of the  education
law,  as added by chapter 285 of the laws of 1986, is amended to read as
follows:
  (a) (I) Graduate science and technology entry program  moneys  may  be
used for recruitment, academic enrichment, career planning, supplemental
financial  assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may  deem  appro-
priate.  To  be  eligible for graduate collegiate science and technology
entry program support, a student must be a resident  of  New  York  [who
is],  OR  MEET  THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a  minority  group
historically  underrepresented  in the scientific, technical and health-
related professions. Eligible students must be in good  academic  stand-
ing,  enrolled  full  time  in  an  approved  graduate level program, as
defined by the regents.
  (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK  STATE,  BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT  ALIEN  OR  AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD  AT  THE  UNDERGRADUATE  LEVEL  OF  STUDY
PROVIDED THAT THE STUDENT:
  (1)  ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK  STATE  HIGH  SCHOOL
AND  APPLIED  FOR  ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS  SOUGHT  WITHIN  TEN  YEARS  OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
  (2)  ATTENDED  AN  APPROVED  NEW  YORK  STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A  STATE  HIGH  SCHOOL  EQUIVALENCY
DIPLOMA  AND  APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN  AWARD  IS  SOUGHT  WITHIN  TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
  (3)  IS  OTHERWISE  ELIGIBLE  FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT  STUDENTS  OF  THE  STATE
UNIVERSITY  OF  NEW  YORK,  THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF  SUBDIVI-

A. 8556--C                         64

SION  TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
  PROVIDED,  FURTHER,  THAT  A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT  WITH  SUCH  INSTITUTION  OF
HIGHER  EDUCATION  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 ELIGIBLE TO DO SO.
  S 15. Subparagraph (i) of paragraph a  of  subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (i) the name, address and social security number [or], employer  iden-
tification  number,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN  EFFECT  PRIOR
TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FOUR-
TEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER  IDEN-
TIFICATION  NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL
BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
  S 16. Subparagraph (iii) of paragraph a of subdivision  2  of  section
695-e  of  the  education  law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
  (iii) the name, address, and social security  number,  EMPLOYER  IDEN-
TIFICATION  NUMBER,  OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY  TUITION  ACCOUNT  THAT  WAS  IN
EFFECT  PRIOR  TO  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FOURTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT  ALLOW  FOR  A
TAXPAYER  IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
  S 17. The president of the higher education services  corporation,  in
consultation  with  the  commissioner  of  education, shall establish an
application form and procedures that shall  allow  a  student  applicant
that  meets the requirements set forth in subparagraph (ii) of paragraph
(a) or subparagraph (ii) of paragraph b of subdivision 5 of section  661
of  the education law to apply directly to the higher education services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion contained within the applications filed with  such  corporation  or
department shall be deemed confidential.
  S 18. This act shall take effect immediately; provided, however, that:
  (a) section two of this act shall take effect January 1, 2015;
  (b)  sections fifteen and sixteen of this act shall take effect on the
ninetieth day after it shall have become a law; provided, however,  that
any  rule  or regulation necessary for the timely implementation of this
act on its effective date shall be promulgated on or before such  effec-
tive date; and
  (c)  sections three through fourteen and section seventeen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of  education  or  on
the  ninetieth  day after it shall have become a law, whichever shall be
later; provided, however that effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and  directed  to
be  made and completed on or before such date; provided, further, howev-
er, that the president of the higher education services corporation  and
the commissioner of education shall notify the legislative bill drafting
commission  upon  the  occurrence of the issuance of the regulations and

A. 8556--C                         65

the development of an application form in order that the commission  may
maintain an accurate and timely effective data base of the official text
of  the laws of the state of New York in furtherance of effectuating the
provisions  of section 44 of the legislative law and section 70-b of the
public officers law.

                                 PART O

  Section 1. Subdivision 4 of section 410-x of the social services  law,
as  added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  4. The amount to be paid or allowed for child care  assistance  funded
under  the block grant shall be the actual cost of care but no more than
the applicable market-related payment rate established by the department
in regulations. The payment rates established by the department shall be
sufficient to ensure equal access for eligible  children  to  comparable
child care assistance in the substate area that are provided to children
whose  parents  are not eligible to receive assistance under any federal
or state programs. Such payment rates shall take into account the  vari-
ations in the costs of providing child care in different settings and to
children  of different age groups, and the additional costs of providing
child care for children with special needs.  FOR THE PURPOSE  OF  DETER-
MINING  SUCH  PAYMENT RATES, AN INFANT SHALL BE CONSIDERED A CHILD UNDER
THE AGE OF TWO.
  S 2. This act shall take effect April 1, 2014.

                                 PART P

  Section 1. Subdivision 6 of section 410-x of the social services  law,
as  added by section 52 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  6. Pursuant to department regulations, child care assistance shall  be
provided  on a sliding fee basis based upon the family's ability to pay.
THE LOCAL SOCIAL SERVICES DISTRICT SHALL NOT REQUIRE A FAMILY  RECEIVING
CHILD  CARE  ASSISTANCE  PURSUANT  TO THIS TITLE TO CONTRIBUTE MORE THAN
TWENTY PERCENT OF THE AMOUNT  OF  THEIR  INCOME  EXCEEDING  THE  POVERTY
LEVEL.
  S 2. This act shall take effect April 1, 2014.

                                 PART Q

  Section  1.  Section  410-x  of  the social services law is amended by
adding a new subdivision 9 to read as follows:
  9. REIMBURSEMENT FOR PAYMENT ON BEHALF OF CHILDREN WHO ARE TEMPORARILY
ABSENT FROM CHILD CARE IS REQUIRED FOR A MINIMUM OF TWELVE DAYS IN A SIX
MONTH PERIOD.  REIMBURSEMENT MAY BE AUTHORIZED FOR A MAXIMUM  NUMBER  OF
ABSENCES,  WHICH  SHALL  BE NO LESS THAN TWENTY-FOUR DAYS IN A SIX MONTH
PERIOD AS DETERMINED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES
PURSUANT  TO  REGULATION. REIMBURSEMENT FOR ADDITIONAL ABSENCES SHALL BE
ALLOWABLE IN THE CASE OF EXTENUATING CIRCUMSTANCES, AS DETERMINED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES PURSUANT TO REGULATION.
  S 2. This act shall take effect April 1, 2014.

                                 PART R

A. 8556--C                         66

  Section 1. Subdivisions 2, 3, 4, 5 and  6  of  section  410-w  of  the
social  services law, are renumbered subdivisions 3, 4, 5, 6 and 7 and a
new subdivision 2 is added to read as follows:
  2. FOR PURPOSES OF DETERMINING FINANCIAL ELIGIBILITY UNDER THIS TITLE,
THE EARNED INCOME OF A DEPENDENT CHILD UNDER THE AGE OF EIGHTEEN, WHO IS
NOT  LEGALLY  RESPONSIBLE FOR THE CHILD OR CHILDREN FOR WHICH CHILD CARE
ASSISTANCE IS SOUGHT, SHALL BE DISREGARDED WHEN DETERMINING  THE  ELIGI-
BILITY OF A HOUSEHOLD FOR A CHILD CARE SUBSIDY.
  S 2. This act shall take effect immediately.

                                 PART S

  Section  1. The social services law is amended by adding a new section
372-h to read as follows:
  S 372-H. POST ADOPTION SERVICES. 1. THE OFFICE OF CHILDREN AND  FAMILY
SERVICES  SHALL  COLLECT  DATA  AND  INFORMATION  ON THE AVAILABILITY OF
POST-ADOPTION SERVICES AROUND THE STATE.  THE  OFFICE  SHALL  WORK  WITH
LOCAL SOCIAL SERVICES DISTRICTS, AUTHORIZED AGENCIES, AND NOT-FOR-PROFIT
AGENCIES  WITH EXPERIENCE PROVIDING POST-ADOPTION SERVICES TO GATHER, TO
THE GREATEST EXTENT  POSSIBLE,  NON-IDENTIFYING  INFORMATION  BY  COUNTY
INCLUDING BUT NOT LIMITED TO:
  A. THE NUMBER OF CHILDREN ENTERING FOSTER CARE WHO HAD PREVIOUSLY BEEN
ADOPTED;
  B. THE NUMBER OF FAMILIES WHO RECEIVED POST-ADOPTION SERVICES;
  C.  THE  NUMBER OF CHILDREN IN PARAGRAPH A OF THIS SUBDIVISION WHO HAD
RECEIVED POST-ADOPTION SERVICES AND WHAT TYPE OF SERVICES WERE RENDERED;
  D. THE NUMBER OF DENIED REQUESTS FOR SERVICES, AND THE REASON FOR SUCH
DENIALS; AND
  E. THE TYPE OF SERVICE FOR WHICH REQUESTS WERE DENIED.
  2. THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SUBMIT A REPORT TO
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE,  THE
MINORITY LEADER OF THE ASSEMBLY AND THE MINORITY LEADER OF THE SENATE NO
LATER  THAN  SEPTEMBER  FIRST OF EACH YEAR WITH THE DATA AND INFORMATION
REQUIRED BY SUBDIVISION ONE OF THIS SECTION FOR THE PRECEDING YEAR.  THE
OFFICE  SHALL  INCLUDE  AN ANALYSIS OF THE AVAILABILITY OF POST-ADOPTION
SERVICES STATEWIDE AND REGIONALLY, THE EXTENT TO WHICH THE PROVISIONS OF
SUCH SERVICES PREVENTS THE DISRUPTION OF ADOPTIONS  AND  RECOMMENDATIONS
FOR  SPECIFIC SERVICES TO PROMOTE THE PERMANENCY OF ADOPTIVE PLACEMENTS.
THE OFFICE SHALL INDICATE THE EXTENT TO WHICH THE INFORMATION  COLLECTED
REFLECTS  THE  TOTAL  POPULATION  DESCRIBED  IN  SUBDIVISION ONE OF THIS
SECTION, AND IDENTIFY ANY IMPEDIMENTS TO COLLECTING SUCH INFORMATION.
  S 2. This act shall take effect on the  thirty-first  of  August  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that effective  immediately,  the  addition,  amendment  and/or
repeal  of  any  rule  or regulation necessary for the implementation of
this act on its effective date is authorized and directed to be made and
completed on or before such effective date.

                                 PART T

  Section 1.  Paragraph (a) of subdivision 2 of  section  335-a  of  the
social  services law, as amended by section 148 of part B of chapter 436
of the laws of 1997, is amended to read as follows:
  (a) Based on the  assessment  required  by  subdivision  one  of  this
section,  the social services official, in consultation with the partic-
ipant, shall develop an employability plan in writing  which  shall  set

A. 8556--C                         67

forth the services that will be provided by the social services official
and  the  activities  in which the participant will take part, including
supportive services and shall set  forth  an  employment  goal  for  the
participant.  [A local social services district may assign recipients in
households without dependent children to any activity.]  TO  THE  EXTENT
POSSIBLE,  THE  EMPLOYABILITY  PLAN SHALL REFLECT THE PREFERENCES OF THE
PARTICIPANT IN A MANNER THAT IS  CONSISTENT  WITH  THE  RESULTS  OF  THE
PARTICIPANT'S ASSESSMENT AND THE NEED OF THE SOCIAL SERVICES DISTRICT TO
MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIREMENTS, AND, IF
SUCH  PREFERENCES CANNOT BE ACCOMMODATED, THE REASONS SHALL BE SPECIFIED
IN THE EMPLOYABILITY PLAN. The employability plan also shall  take  into
account  the  participant's supportive services needs, available program
resources, local employment opportunities, and where the social services
official is considering an  educational  activity  assignment  for  such
participant,  the  participant's liability for student loans, grants and
scholarship awards.  The employability plan shall be  explained  to  the
participant. Any change to the participant's employability plan required
by  the social services official shall be discussed with the participant
and shall be documented in writing.
  S 2. Paragraph (h) of subdivision 1  of  section  336  of  the  social
services  law, as amended by chapter 214 of the laws of 1998, is amended
to read as follows:
  (h) vocational educational training as time limited  by  federal  law.
For  the purposes of this title, "vocational educational training" shall
include but not be limited to organized educational programs offering  a
sequence  of  courses  which  are directly related to the preparation of
individuals for current or emerging occupations [requiring other than  a
baccalaureate  or advanced degree] INCLUDING PROGRAMS THAT REQUIRE UP TO
FOUR YEARS OF POST-SECONDARY  EDUCATION.  Such  programs  shall  include
competency-based  applied  learning which contributes to an individual's
academic knowledge, higher-order reasoning, and problem-solving  skills,
work  attitudes, general employability skills, and the occupational-spe-
cific  skills  necessary  for  economic  independence.  Such  term  also
includes applied technology education;
  S  3.  Paragraph  (i)  of  subdivision  1 of section 336 of the social
services law, as added by section 148 of part B of chapter  436  of  the
laws of 1997, is amended to read as follows:
  (i)  job  skills  training directly related to employment.  JOB SKILLS
TRAINING DIRECTLY RELATED TO EMPLOYMENT SHALL INCLUDE BUT NOT BE LIMITED
TO PARTICIPATION IN UP TO FOUR YEARS OF POST-SECONDARY EDUCATION TO  THE
EXTENT CONSISTENT WITH FEDERAL AND STATE REQUIREMENTS;
  S  4.  Subdivision  1  of section 336-a of the social services law, as
amended by section 148 of part B of chapter 436 of the laws of 1997,  is
amended to read as follows:
  1.  Social  services  districts shall make available vocational educa-
tional training  and  educational  activities  INCLUDING  PROGRAMS  THAT
REQUIRE  UP  TO FOUR YEARS OF POST-SECONDARY EDUCATION.  Such activities
may include but need not be limited to, high school education or  educa-
tion  designed  to  prepare  a participant for a high school equivalency
certificate, basic and remedial  education,  AND  education  in  English
proficiency  and  SHALL INCLUDE no more than a total of [two] FOUR years
of post-secondary education (or the part-time  equivalent  if  full-time
study  would constitute an undue hardship) [in].  EDUCATIONAL ACTIVITIES
PURSUANT TO THIS SECTION MAY  BE  OFFERED  WITH  any  of  the  following
providers which meet the performance or assessment standards established
in  regulations  by  the  commissioner for such providers:   a community

A. 8556--C                         68

college, licensed trade school, registered business school,  or  a  two-
year  OR  FOUR-YEAR college; provided, however, that such post-secondary
education must be necessary to the attainment of the participant's indi-
vidual  employment  goal as set forth in the employability plan and such
goal must relate directly to obtaining useful employment in a recognized
occupation.   WHEN MAKING ANY ASSIGNMENT  TO  ANY  EDUCATIONAL  ACTIVITY
PURSUANT TO THIS SUBDIVISION, SUCH ASSIGNMENT SHALL BE PERMITTED ONLY TO
THE  EXTENT  THAT  SUCH  ASSIGNMENT  IS CONSISTENT WITH THE INDIVIDUAL'S
ASSESSMENT AND EMPLOYMENT PLAN GOALS IN ACCORDANCE WITH  SECTIONS  THREE
HUNDRED  THIRTY-FIVE  AND  THREE HUNDRED THIRTY-FIVE-A OF THIS TITLE AND
SHALL  REQUIRE  THAT  THE  INDIVIDUAL  MAINTAINS  SATISFACTORY  ACADEMIC
PROGRESS.   FOR   PURPOSES  OF  THIS  PROVISION  "SATISFACTORY  ACADEMIC
PROGRESS" SHALL MEAN SATISFACTORY PROGRESS AS DEFINED IN 20 USC 1091(C).
  S 5. Paragraph (c) of subdivision 1 of section  131-n  of  the  social
services  law, as amended by chapter 373 of the laws of 2003, is amended
to read as follows:
  (c) an amount up to one thousand four hundred dollars  in  a  separate
bank  account established by an individual while currently in receipt of
assistance for the purpose of paying tuition at a two-year OR  FOUR-YEAR
accredited  post-secondary educational institution, so long as the funds
are not used for any other purpose,
  S 6. This act shall take effect immediately; provided,  however,  that
the amendments to paragraph (c) of subdivision 1 of section 131-n of the
social  services  law  made by section five of this act shall not affect
the expiration of such section and shall be deemed to expire therewith.

                                 PART U

  Section 1. Subdivision 2 of section 410-x of the social services  law,
as  amended  by  chapter  416 of the laws of 2000, is amended to read as
follows:
  2. (a) A social services district may  establish  priorities  for  the
families  which  will  be eligible to receive funding; provided that the
priorities provide that eligible families will receive equitable  access
to child care assistance funds to the extent that these funds are avail-
able.
  (b)  A  social  services  district  shall set forth its priorities for
child care assistance in the district's consolidated services plan.  The
commissioner  of  the  office  of children and family services shall not
approve any plan that does not provide for  equitable  access  to  child
care assistance funds.
  (c)  A  social  services  district  shall  be  authorized to set aside
portions of its block grant allocation to  serve  one  or  more  of  its
priority  groups  and/or  to  discontinue funding to families with lower
priorities in order to serve families with higher  priorities;  provided
that  the method of disbursement to priority groups provides that eligi-
ble families within a priority group will receive  equitable  access  to
child  care  assistance  funds to the extent that these funds are avail-
able.
  (d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE
COMMISSIONER  IN  ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI-
CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER  TWO  HUNDRED
PERCENT  OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK
EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION  THREE
HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN
RECEIPT  OF  PUBLIC  ASSISTANCE  WHO ARE PERSONALLY PROVIDING CARE FOR A

A. 8556--C                         69

CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT  OR  OTHER
RELATIVE  HAS  PREVIOUSLY  BEEN  OFFERED AN EXEMPTION UNDER SUCH SECTION
THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT  APPLY  TO  INDIVIDUALS
WHO:
  (I)  SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
OR
  (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE  PORTION
OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
  (E)  IN  THE  EVENT  THAT  A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF  CHILDREN  AND
FAMILY  SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED,  THE  SOCIAL
SERVICES  DISTRICT  SHALL  NOTIFY  THE  OFFICE  OF  CHILDREN  AND FAMILY
SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
  (F) Each social services district shall  collect  and  submit  to  the
commissioner  of  the office of children and family services in a manner
to be specified by the commissioner of the office of children and family
services information concerning the disbursement of child  care  assist-
ance funds showing geographic distribution of children receiving assist-
ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
WISE  ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL  ELIGIBLE  FAMILIES  AND
THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
  [(e)]  (G)  The  commissioner  of  the  office  of children and family
services shall submit a report to the governor, temporary  president  of
the  senate  and the speaker of the assembly on or before August thirty-
first[, two thousand one] OF EVERY YEAR concerning the implementation of
this section. This  report  shall  include  information  concerning  the
disbursement  of child care assistance funds showing geographic distrib-
ution of children  receiving  assistance  within  the  state.  BEGINNING
AUGUST  THIRTY-FIRST, TWO THOUSAND FIFTEEN, SUCH REPORT, AND EACH SUBSE-
QUENT REPORT THEREAFTER, SHALL ALSO:
  (I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR  RESTORED  FUNDING
TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
  (II) LIST THE PRIORITY GROUPS AFFECTED;
  (III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
THIS  REPORT  THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE
FOR CHILD CARE ASSISTANCE BUT  WHO  WERE  DENIED  BECAUSE  THE  DISTRICT
LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
  (IV)  THE  NUMBER  AND  AGE  OF  CHILDREN WHO COULD NOT BE SERVED AS A
RESULT.
  S 2. This act shall take effect immediately.

                                 PART V

  Section 1. Legislative findings.  The  legislature  hereby  finds  and
declares that:
  According to the 2010 United States Census, in New York state, 310,876
children  under  the age of 18 live in homes headed by grandparent care-
givers and 71,997 children under the age of 18 live in homes headed by a
caregiver who is an elderly relative.
  Rarely do these caregivers have access to subsidies or support for the
children in their care; moreover, many are forced to return to the work-
force, cut into retirement savings, or  seek  additional  employment  in
order to provide for these children.

A. 8556--C                         70

  In addition to unexpected expenses and drastic situation changes, many
caregivers find their housing security complicated or jeopardized by the
need  to  care  for  young  children.  Often, housing that may have been
appropriate for a single, low- or fixed-income grandparent or senior  is
neither accepting of, nor suitable or appropriate, for young children.
  In  order  to  respond to the various housing needs of grandparent and
elderly relative caregivers, the legislature must  evaluate  and  under-
stand the circumstances, scope, and scale of the issue.
  S  2.  1.  Grandparent  housing  study. The New York state division of
housing and community renewal, in consultation with the New  York  state
office of children and family services and the New York state office for
the  aging,  shall execute a study on housing in relation to grandparent
and elderly relative caregivers of children under the age of 18, includ-
ing, but not limited to:
  a. circumstances under which children reside with and  are  under  the
primary care of grandparent or elderly relative caregivers;
  b.  housing  challenges,  including  transitional  access to, physical
accommodations of, discrimination in, and current availability of appro-
priate  housing,  that  grandparent  and  elderly  relative   caregivers
confront when caring for young children;
  c.  the  economic costs to and social support needs of grandparent and
elderly relative caregivers, particularly those who  are  low-income  or
live on fixed incomes;
  d.  policy,  taxation, and financing models that legislators and state
agencies may consider in addressing the housing needs of grandparent and
elderly relative caregivers;
  e. availability and awareness of programs aimed at  providing  support
to  low-  and  fixed-income grandparent and elderly relative caregivers;
and
  f. statistical and geographic mapping of households  across  New  York
where children reside with and are under the primary care of grandparent
or elderly relative caregivers.
  2.  Grandparent  housing  study report. The New York state division of
housing and community renewal shall submit to the governor, the  speaker
and  minority  leader  of  the assembly, and the temporary president and
minority leader of the senate a report with findings and recommendations
concerning the grandparent housing study within one year of  the  effec-
tive date of this act.
  3.  Assistance.  To  the  maximum  extent possible, the New York state
division of housing and community renewal, the office  of  children  and
family  services,  and  the  office  for  the aging shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties, resources, and data from any state  court,  department,  division,
board,  bureau,  commission,  agency, or political subdivision that they
may reasonably request to properly execute their responsibilities pursu-
ant to this act.
  S 3. This act shall take effect immediately, provided,  however,  that
the  provisions of this act shall expire and be deemed repealed one year
and one day after this act shall have become a law or upon submission of
the grandparent housing study report  pursuant  to  subdivision  two  of
section  two of this act, whichever is later; provided that the New York
state division of housing and community renewal shall notify the  legis-
lative  bill drafting commission of the date of submission of the grand-
parent housing study report.

                                 PART W

A. 8556--C                         71

  Section 1. Section 341 of the  social  services  law,  as  amended  by
section  148 of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by section 1 of part D of chapter 61 of the laws of 2006,  is
amended to read as follows:
  S  341. [Conciliation] RE-ENGAGEMENT; CONCILIATION; refusal to partic-
ipate. 1. (a) Consistent with  federal  law  and  regulations  and  this
title,  IF  A  PARTICIPANT  HAS  FAILED  OR  REFUSED  TO COMPLY WITH THE
REQUIREMENTS OF THIS TITLE AND THE DISTRICT HAS DETERMINED  THAT  HE  OR
SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERIFIED THAT APPROPRI-
ATE  CHILD  CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE
IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, [if a  participant  has
failed  or  refused  to comply with the requirements of this title,] the
social services district shall issue a  RE-ENGAGEMENT  notice  in  plain
language  indicating that such failure or refusal has taken place and of
the right of such participant to [conciliation to resolve] AVOID A  PRO-
RATA  REDUCTION  IN PUBLIC ASSISTANCE BENEFITS THROUGH THE RE-ENGAGEMENT
PROCESS. "RE-ENGAGEMENT PROCESS" SHALL MEAN THE PROCESS THROUGH WHICH  A
PARTICIPANT MAY AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS
BY  AGREEING  TO  COMPLY  WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT
WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S  ABILITY  TO
PARTICIPATE IN WORK ACTIVITIES, BY NOTIFYING THE DISTRICT THAT HE OR SHE
HAS  BECOME  EXEMPT FROM THE REQUIREMENTS OF THIS TITLE, OR BY RESOLVING
the reasons for such failure or refusal [to avoid a  pro-rata  reduction
in  public assistance benefits for a period of time set forth in section
three hundred forty-two of this title]  AT  A  CONCILIATION  CONFERENCE.
THE  NOTICE  SHALL INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST
RE-ENGAGEMENT WITH THE DISTRICT. The notice shall indicate the  specific
instance  or  instances  of willful refusal or failure to comply without
good cause with the requirements of this title and the necessary actions
that must be taken to avoid a pro-rata reduction  in  public  assistance
benefits  AND  THE  DISTRICT  HAS  VERIFIED THAT APPROPRIATE CHILD CARE,
TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN  PLACE  AT  THE
TIME  OF  SUCH  FAILURE  OR REFUSAL. [The notice shall indicate that the
participant has seven days to request  conciliation  with  the  district
regarding  such  failure  or refusal in the case of a safety net partic-
ipant and ten days in the case of a family assistance participant.]
  (1) IF A PARTICIPANT CHOOSES TO AVOID A PRO-RATA REDUCTION  IN  PUBLIC
ASSISTANCE  BENEFITS  THROUGH  A CONCILIATION CONFERENCE, IT WILL BE THE
RESPONSIBILITY OF THE PARTICIPANT TO GIVE REASONS FOR  SUCH  FAILURE  OR
REFUSAL.  The  RE-ENGAGEMENT notice shall also include an explanation in
plain language of what would constitute good  cause  for  non-compliance
and  examples  of  acceptable  forms  of  evidence  that  may warrant an
exemption from work activities, including evidence of domestic violence,
and physical or mental health limitations that may be  provided  at  the
conciliation  conference  to  demonstrate such good cause for failure to
comply with the requirements of this title.    UNLESS  AS  PART  OF  THE
RE-ENGAGEMENT  PROCESS THE PARTICIPANT DOES NOT AGREE TO COMPLY, HAS NOT
BECOME EXEMPT OR THE DISTRICT DETERMINES AS A RESULT OF THE CONCILIATION
CONFERENCE THAT SUCH FAILURE OR REFUSAL WAS  WILLFUL  AND  WITHOUT  GOOD
CAUSE, NO FURTHER ACTION SHALL BE TAKEN.
  (2) If the participant does not contact the district within [the spec-
ified  number  of]  TEN  days  OF THE RE-ENGAGEMENT NOTICE, the district
shall [issue ten days notice of intent to discontinue or reduce  assist-
ance,  pursuant to regulations of the department. Such notice shall also
include a statement of the participant's right to a fair hearing  relat-
ing  to  such  discontinuance or reduction. If such participant contacts

A. 8556--C                         72

the district within seven days in the case of a safety  net  participant
or  within  ten  days in the case of a family assistance participant, it
will be the responsibility of the participant to give reasons  for  such
failure  or  refusal]  MAKE  A FINDING OF WHETHER THE ALLEGED FAILURE OR
REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD CAUSE AND SHALL  CONSIDER
ANY  EVIDENCE  IN  THE  POSSESSION  OF  THE DISTRICT INDICATING THAT THE
PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS  OTHERWISE  PARTIC-
IPATING  IN  WORK  ACTIVITIES,  THERE SHALL BE NO FINDING OF WILLFULNESS
WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRACTION.
  (b) [Unless the district determines as a result of  such  conciliation
process  that  such  failure or refusal was willful and was without good
cause, no further action shall be taken.]  If  the  district  determines
that  such  failure  or  refusal was willful and without good cause, AND
THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE REQUIREMENTS OF  THIS  TITLE,
the district shall notify such participant in writing, in plain language
and  in  a manner distinct from any previous notice, by issuing ten days
notice of its intent to discontinue or reduce  assistance.  Such  notice
shall  include the reasons for such determination, the specific instance
or instances of willful refusal or failure to comply without good  cause
with the requirements of this title, SHALL VERIFY THAT APPROPRIATE CHILD
CARE,  TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT
THE TIME OF SUCH FAILURE OR REFUSAL, AND SPECIFY the  necessary  actions
that  must  be  taken to avoid a pro-rata reduction in public assistance
benefits, INCLUDING AGREEING TO COMPLY WITH  THE  REQUIREMENTS  OF  THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S  ABILITY  TO  PARTICIPATE  IN  WORK  ACTIVITIES  OR  NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF  THIS
TITLE and the right to a fair hearing relating to such discontinuance or
reduction.  [Unless  extended by mutual agreement of the participant and
the district, conciliation shall terminate and a determination shall  be
made within fourteen days of the date a request for conciliation is made
in  the  case  of  a safety net participant or within thirty days of the
conciliation notice in the case of a family assistance participant.]
  2. (a) The department shall establish  in  regulation  a  conciliation
procedure  for  the  resolution  of  disputes related to an individual's
participation in programs pursuant to this title.
  (b) The district shall contract with an independent  entity,  approved
by the department, or shall use designated trained staff at the supervi-
sory  level who have no direct responsibility for the participant's case
to mediate disputes in the conciliation conference. [If no such supervi-
sory staff or independent entity is available, the district  may  desig-
nate  another  trained  individual, who has no direct responsibility for
the participant's case to mediate disputes in the  conciliation  confer-
ence.]
  (c) If a participant's dispute cannot be resolved through such concil-
iation  procedure,  an opportunity for a fair hearing shall be provided.
No sanction relating to the subject dispute may be  imposed  during  the
[conciliation] RE-ENGAGEMENT process.
  3. When any [family assistance] participant required to participate in
work  activities  fails to comply with the provisions of this title, the
social services district shall take such actions as prescribed by appro-
priate federal law and regulation and this title.
  4. [When any safety net participant required to  participate  in  work
activities fails to comply with the provisions of this title, the social
services  district  shall deny assistance to such participant in accord-
ance with section three hundred forty-two of this title.

A. 8556--C                         73

  5. (a) To the extent that] CONSISTENT WITH federal law [requires]  AND
THIS  TITLE,  a  social services district shall provide to those [family
assistance] participants whose  failure  to  comply  has  continued  for
[three months] THIRTY DAYS or longer a written reminder of the option to
end  a sanction [after the expiration of the applicable minimum sanction
period] by terminating the failure to comply as specified in subdivision
[three] ONE of this section. Such notice shall advise that  the  partic-
ipant  may  immediately  terminate  the  [first  or  second] sanction by
[participating in the program  or  accepting  employment  and  that  any
subsequent  sanction  after six months have elapsed may be terminated by
participating in the program or accepting employment.
  (b) A social services district  shall  provide  to  those  safety  net
participants whose failure to comply has continued for the length of the
sanction  period  or  longer  a  written reminder of the option to end a
sanction after the expiration of the applicable minimum sanction  period
by terminating the failure to comply as specified in subdivision four of
this  section.]  EITHER AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY  TO  PARTICIPATE  IN  WORK  ACTIVITIES  OR  NOTIFYING  THE
DISTRICT  THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE.
  [6.] 5. Consistent with federal law and regulation AND THIS TITLE,  no
NOTICE  SHALL  BE ISSUED AS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION
UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE
REQUIREMENTS OF THIS TITLE AND HAS  DETERMINED  THAT  APPROPRIATE  CHILD
CARE,  TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT
THE TIME OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE  REQUIREMENTS  OF
THIS  TITLE  AND  NO  action shall be taken pursuant to this section for
failure to participate in the program or refusal  to  accept  employment
if:
  (a)  child  care  for  a child under age thirteen (or day care for any
incapacitated individual living in the same home as a  dependent  child)
is  necessary for an individual to participate or continue participation
in activities pursuant to this title or accept employment and such  care
is  not available and the social services district fails to provide such
care;
  (b) (1) the employment would result in the family of  the  participant
experiencing a net loss of cash income; provided, however, a participant
may  not  claim  good  cause under this paragraph if the social services
district assures that the family will not experience a net loss of  cash
income by making a supplemental payment;
  (2)  net loss of cash income results if the family's gross income less
necessary work-related expenses is less than  the  cash  assistance  the
participant  was  receiving at the time the offer of employment is made;
or
  (c) the participant meets other grounds for good cause  set  forth  by
the  department  in  its  implementation plan for this title which, at a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".
  S 2. Section 342 of the social services law, as added by  section  148
of  part  B  of  chapter  436 of the laws of 1997, is amended to read as
follows:
  S 342. Noncompliance with the requirements  of  this  title.    1.  In
accordance  with  the  provisions  of  this section an individual who is
required to participate  in  work  activities  shall  be  ineligible  to
receive  public  assistance  if  he or she fails to comply, without good

A. 8556--C                         74

cause, with the requirements of this title AND THE DISTRICT  HAS  DETER-
MINED  THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR
DISABILITY  WERE  IN  PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. Such
ineligibility shall be for the amount  and  periods  specified  in  this
section.  Good cause for failing to comply with the requirements of this
title shall be defined in  department  regulations,  provided,  however,
that the parent or caretaker relative of a child under thirteen years of
age shall not be subject to the ineligibility provisions of this section
if the individual can demonstrate, in accordance with the regulations of
the  office  of  children and family services [department], that lack of
available child care prevents such individual from  complying  with  the
work  requirements of this title. The parent or caretaker relative shall
be responsible for locating the child  care  needed  to  meet  the  work
requirements;  provided,  however,  that  the  relevant  social services
district shall provide a parent or caretaker relative  who  demonstrates
an inability to obtain needed child care with a choice of two providers,
at least one of which will be a regulated provider.
  2.  In  the case of an applicant for or recipient of public assistance
WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS  OF
THIS  TITLE  AND  who is a parent or caretaker of a dependent child, the
public assistance benefits otherwise available to the household of which
such individual is a member shall be reduced pro-rata:
  (a) for the first instance of failure to  comply  without  good  cause
with  the requirement of this article until the individual is willing to
comply;
  (b) for the second instance of failure to comply  without  good  cause
with  the  requirements of this article, UNTIL THE INDIVIDUAL IS WILLING
TO COMPLY OR, for a period of three  months  and  thereafter  until  the
individual is willing to comply, WHICHEVER IS SHORTER;
  (c)  for  the  third and all subsequent instances of failure to comply
without good cause with the requirements  of  this  article,  UNTIL  THE
INDIVIDUAL IS WILLING TO COMPLY OR, for a period of six months and ther-
eafter until the individual is willing to comply, WHICHEVER IS SHORTER.
  3. In the case of an individual who is a member of a household without
dependent  children  WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM
THE REQUIREMENTS OF THIS TITLE AND WHO IS applying for or in receipt  of
safety  net  assistance, the public assistance benefits otherwise avail-
able to the household of which such individual  is  a  member  shall  be
reduced pro-rata:
  (a)  for  the  first  such  failure  or  refusal, until the failure or
refusal TO COMPLY WITH THE REQUIREMENTS OF THIS  TITLE  CONSISTENT  WITH
ANY  MEDICAL  CONDITION  WHICH  MAY  LIMIT  THE  INDIVIDUAL'S ABILITY TO
PARTICIPATE IN WORK ACTIVITIES ceases or ninety days, which ever  period
of time is [longer] SHORTER;
  (b)  for  the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever  period  of  time  is  [longer]
SHORTER; and
  (c)  for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of  time
is [longer] SHORTER.
  4.  A  recipient of public assistance WHOM THE DISTRICT HAS DETERMINED
IS NOT EXEMPT FROM THE REQUIREMENTS OF  THIS  TITLE  AND  who  quits  or
reduces  his  hours of employment without good cause shall be considered
to have failed to comply with the requirements of this article and shall
be subject to the provisions of this section.

A. 8556--C                         75

  5. A person described in paragraph (b) of subdivision seven of section
one hundred fifty-nine of this chapter may not be sanctioned if  his  or
her  failure  to  comply  with requirements of this title are related to
his or her health status.
  S 3. This act shall take effect immediately.

                                 PART X

  Section 1. Section 106 of the social services law, as amended by chap-
ter  200  of  the laws of 1946, the section heading as amended, subpara-
graph 5 of paragraph (a) of subdivision 2 as renumbered  and  paragraphs
(e)  and  (f)  of  subdivision 2 as added by chapter 1080 of the laws of
1974, subdivision 1 and paragraph (a) of subdivision  2  as  amended  by
chapter  764  of  the  laws  of  1972, paragraph (b) of subdivision 2 as
amended by chapter 150 of the laws of 1955, paragraph (c) of subdivision
2 as amended by chapter 310 of the laws of 1962, paragraph (d) of subdi-
vision 2 as added by chapter 43 of the laws of 1952,  subdivision  3  as
amended by chapter 271 of the laws of 1948 and subdivision 4 as added by
chapter 340 of the laws of 2003, is amended to read as follows:
  S  106. Powers of social services official to receive and dispose of a
deed, mortgage, or lien. 1. A social services official  responsible,  by
or  pursuant to any provision of this chapter, for the administration of
assistance or care granted or applied for may  accept  a  deed  of  real
property  and/or  a  mortgage  thereon  on  behalf of the public welfare
district for the assistance and care of a person at public  expense  but
such  property  shall  not  be  considered  as public property and shall
remain on the tax rolls and such deed or mortgage shall  be  subject  to
redemption as provided in paragraph (a) of subdivision [two] SIX hereof.
  2.  ANY  INCONSISTENT  PROVISION  OF  THIS  CHAPTER  OR  ANY OTHER LAW
NOTWITHSTANDING, A SOCIAL SERVICES OFFICIAL MAY  NOT  ASSERT  ANY  CLAIM
UNDER  ANY PROVISION OF THIS CHAPTER TO RECOVER PAYMENTS MADE AS PART OF
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM (SNAP), CHILD  CARE  SERVICES,
EMERGENCY  ASSISTANCE  TO  ADULTS  OR THE HOME ENERGY ASSISTANCE PROGRAM
(HEAP).
  3. ANY INCONSISTENT PROVISION OF THIS CHAPTER  OR  OF  ANY  OTHER  LAW
NOTWITHSTANDING,  A  SOCIAL  SERVICES  OFFICIAL MAY NOT ASSERT ANY CLAIM
UNDER ANY PROVISION OF  THIS  CHAPTER  TO  RECOVER  PAYMENTS  OF  PUBLIC
ASSISTANCE   IF   SUCH   PAYMENTS   WERE  REIMBURSED  BY  CHILD  SUPPORT
COLLECTIONS.
  4. ANY INCONSISTENT PROVISION OF THIS CHAPTER  OR  OF  ANY  OTHER  LAW
NOTWITHSTANDING,  A  SOCIAL  SERVICES  OFFICIAL MAY NOT ASSERT ANY CLAIM
UNDER ANY PROVISION OF  THIS  CHAPTER  TO  RECOVER  PAYMENTS  OF  PUBLIC
ASSISTANCE  UNLESS,  BEFORE  IT  HAS ACCEPTED A DEED OR MORTGAGE FROM AN
APPLICANT OR RECIPIENT, IT HAS FIRST RECEIVED  A  SIGNED  ACKNOWLEDGMENT
FROM THE APPLICANT OR RECIPIENT ACKNOWLEDGING THAT:
  (A)  THE  APPLICANT OR RECIPIENT UNDERSTANDS THAT BENEFITS PROVIDED AS
PART OF SUPPLEMENTAL NUTRITION ASSISTANCE  PROGRAM  (SNAP),  CHILD  CARE
SERVICES,  EMERGENCY  ASSISTANCE TO ADULTS OR THE HOME ENERGY ASSISTANCE
PROGRAM (HEAP) MAY NOT BE INCLUDED AS PART OF THE RECOVERY  TO  BE  MADE
UNDER THE MORTGAGE;
  (B)  IF  THE  APPLICANT  OR  RECIPIENT DECLINES TO PROVIDE THE LIEN OR
MORTGAGE THE CHILDREN  IN  THE  HOUSEHOLD  REMAIN  ELIGIBLE  FOR  PUBLIC
ASSISTANCE.
  5. (A) UNTIL SUCH PROPERTY OR MORTGAGE IS SOLD, ASSIGNED OR FORECLOSED
PURSUANT  TO LAW BY THE SOCIAL SERVICES OFFICIAL, OR UNTIL SUCH MORTGAGE
HAS BEEN PAID OFF, THE PERSON GIVING SUCH DEED OR MORTGAGE,  OR  HIS  OR

A. 8556--C                         76

HER ESTATE OR THOSE ENTITLED THERETO, SHALL RECEIVE AN ANNUAL ACCOUNTING
OF  THE PUBLIC ASSISTANCE INCURRED AND REPAIRS AND TAXES PAID ON PROPER-
TY. THE DISTRICT SHALL PROVIDE SUCH ACCOUNTING NO LATER THAN FOUR MONTHS
AFTER THE END OF THE COUNTY'S FISCAL YEAR.
  (B) SUCH ACCOUNTING SHALL INCLUDE INFORMATION REGARDING THE DEBT OWED,
INCLUDING, BUT NOT LIMITED TO:
  (1)  AN  ENUMERATION  OF  ALL ASSISTANCE INCURRED BY THE PERSON GIVING
SUCH DEED OR MORTGAGE OR HIS OR HER HOUSEHOLD TO DATE;
  (2) THE CURRENT AMOUNT OF RECOVERABLE ASSISTANCE  UNDER  THE  DEED  OR
MORTGAGE;
  (3)  THE  AMOUNT  OF  ANY CREDITS AGAINST ASSISTANCE INCLUDING BUT NOT
LIMITED TO:
  A. THE AMOUNT OF CHILD SUPPORT COLLECTED AND RETAINED BY THE  DISTRICT
AS REIMBURSEMENT FOR ASSISTANCE;
  B. RECOVERIES UNDER SECTION ONE HUNDRED FOUR OF THIS TITLE;
  C. RECOVERIES UNDER SECTION ONE HUNDRED THIRTY-ONE-R OF THIS CHAPTER.
  (4)  SAID  ACCOUNTING  SHALL  ALSO  PROVIDE  INFORMATION REGARDING THE
MANNER IN WHICH PAYMENTS MAY BE MADE TO THE SOCIAL SERVICES DISTRICT  TO
REDUCE THE AMOUNT OF THE MORTGAGE.
  (C)  IN  THE  EVENT  THAT  AN ANNUAL ACCOUNTING IS NOT PROVIDED TO THE
PERSON GIVING SUCH DEED OR MORTGAGE OR HIS OR HER ESTATE OR THOSE  ENTI-
TLED  THERETO, WITHIN THE FOUR MONTH PERIOD REQUIRED IN PARAGRAPH (A) OF
THIS SUBDIVISION, NO ASSISTANCE SHALL BE  RECOVERABLE  FOR  THAT  FISCAL
YEAR.  IN  THE  EVENT  THAT  THE  PERSON  GIVEN THE DEED OR MORTGAGE HAS
RECEIVED NO RECOVERABLE ASSISTANCE IN ANY YEAR,  THE  ANNUAL  ACCOUNTING
MUST  CONTINUE  TO  BE  PROVIDED,  REFLECTING ANY CREDITS THAT HAVE BEEN
APPLIED AGAINST THE ACCOUNT.
  (D) NO DEED OR MORTGAGE TAKEN ON OR BEFORE JANUARY FIRST, TWO THOUSAND
FOURTEEN SHALL BE VALID UNLESS A SOCIAL SERVICES  OFFICIAL  PROVIDES  AN
ACCOUNTING  TO  THE  PERSON  GIVING  SUCH DEED OR MORTGAGE OR HIS OR HER
ESTATE OR THOSE ENTITLED THERETO, PURSUANT TO THIS  SUBDIVISION,  ON  OR
BEFORE NOVEMBER FIRST, TWO THOUSAND FIFTEEN.
  6.  (a) (1) Until such property or mortgage is sold, assigned or fore-
closed pursuant to law by  the  social  services  official,  the  person
giving  such  deed or mortgage, or his estate or those entitled thereto,
may redeem the same by the payment of  all  expenses  incurred  for  the
support  of the person, and for repairs and taxes paid on such property,
provided, however, that a social services  official  may  enter  into  a
contract  for  such  redemption, subject to the provisions of this para-
graph, and containing such terms and  conditions,  including  provisions
for  periodic  payments,  [with  or]  without  interest,  [as the social
services official shall deem appropriate,] for an amount less  than  the
full expenses incurred for the support of the person and for repairs and
taxes  paid  on such property (hereinafter called a "lesser sum"), which
lesser sum shall in no event be less than  the  difference  between  the
appraised  value of such property and the total of the then unpaid prin-
cipal balance of any recorded mortgages and the unpaid balance  of  sums
secured by other liens against such property.
  (2)  In the case of a redemption for a lesser sum, the social services
official shall obtain (i) an appraisal of the current  market  value  of
such  property,  by  an appraiser acceptable to both parties, and (ii) a
statement of the principal balance of any recorded  mortgages  or  other
liens  against  such  property  (excluding the debt secured by the deed,
mortgage or lien of the social services official). Any expenses incurred
pursuant to this paragraph shall be audited  and  allowed  in  the  same
manner as other official expenses.

A. 8556--C                         77

  (3)  Every redemption contract for any lesser sum shall be approved by
the department upon an  application  by  the  social  services  official
containing  the  appraisal and statement required by subparagraph two, a
statement by the social services official of his  reasons  for  entering
into the contract for such lesser sum and any other information required
by regulations of the department.
  (4)  So  long  as  the  terms  of the approved redemption contract are
performed, no public sale of such property shall be held.
  (5) The redemption for a lesser sum shall  reduce  the  claim  of  the
social  services  official against the recipient on the implied contract
under section one hundred four of this chapter or under any  other  law,
to the extent of all sums paid in redemption.
  (b)  In  order  to  allow  a minimum period for redemption, the public
welfare official shall not sell the property or mortgage until after the
expiration of one year from the date he received the deed  or  mortgage,
but  if unoccupied property has not been redeemed within six months from
the date of death of the person who conveyed  it  to  him  by  deed  the
public  welfare  official  may  thereafter, and before the expiration of
such year, sell the property.
  (c) Except as otherwise provided in this chapter, upon  the  death  of
the  person or his receiving institutional care, if the mortgage has not
been redeemed, sold or assigned, the public welfare official may enforce
collection of the mortgage debt in the manner provided for the  foreclo-
sure of mortgages by action.
  (d)  Provided the department shall have given its approval in writing,
the public welfare official may, when in his judgment  it  is  advisable
and in the public interest, release a part of the property from the lien
of  the  mortgage  to  permit, and in consideration of, the sale of such
part by the owner and the application of the  proceeds  to  reduce  said
mortgage or to satisfy and discharge or reduce a prior or superior mort-
gage.
  (e)  While real property covered by a deed or mortgage is occupied, in
whole or in part, by an aged, blind or disabled person who executed such
deed or mortgage to the social services official for old age assistance,
assistance to the blind or aid to the disabled granted  to  such  person
before January first, nineteen hundred seventy-four, the social services
official  shall  not sell the property or assign or enforce the mortgage
unless it appears reasonably certain that the sale or other  disposition
of the property will not materially adversely affect the welfare of such
person.  After  the death of such person no claim for assistance granted
him shall be enforced against any real property while it is occupied  by
the surviving spouse.
  (f)  Except  as  otherwise  provided,  upon  the death of a person who
executed a lien to the social services official in return  for  old  age
assistance, assistance to the blind or aid to the disabled granted prior
to  January first, nineteen hundred seventy-four, or before the death of
such person if it appears reasonably certain  that  the  sale  or  other
disposition  of  the  property  will not materially adversely affect the
welfare of such person, the social services official  may  enforce  such
lien  in the manner provided by article three of the lien law. After the
death of such person the lien may not be enforced against real  property
while it is occupied by the surviving spouse.
  [3.]  7.  The  sale of any parcel of real property or mortgage on real
property by the public welfare official, under the  provisions  of  this
section,  shall  be made at a public sale, held at least two weeks after
notice thereof shall have been published in a newspaper having a general

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circulation in that section of the county in which the real property  is
located.  Such  notice  shall  specify the time and place of such public
sale and shall contain a brief description of the premises to  be  sold,
or  upon which the mortgage is a lien, as the case may be. Unless in the
judgment of the public welfare official,  it  shall  be  in  the  public
interest  to  reject  all bids, such parcel or mortgage shall be sold to
the highest responsible bidder.
  [4. Any inconsistent provision of this chapter or  of  any  other  law
notwithstanding,  a  social  services  official may not assert any claim
under any provision of  this  chapter  to  recover  payments  of  public
assistance   if   such   payments   were  reimbursed  by  child  support
collections.]
  8. IT IS PERMISSIBLE FOR SOCIAL SERVICES OFFICIALS  TO  SUBORDINATE  A
MORTGAGE TAKEN ON BEHALF OF THE PUBLIC WELFARE DISTRICT PURSUANT TO THIS
SECTION. THE SOCIAL SERVICES OFFICIAL SHALL SUBORDINATE A MORTGAGE WITH-
IN  THIRTY  DAYS  OF  RECEIPT  OF  WRITTEN  NOTICE THAT THE HOMEOWNER IS
ATTEMPTING TO MODIFY A MORTGAGE HELD BY A MORTGAGEE WITH  SUPERIOR  LIEN
RIGHTS  AND  SUBORDINATION  OF THE PUBLIC WELFARE DISTRICT'S MORTGAGE IS
REQUIRED BY THE SUPERIOR LIEN HOLDER IN  ORDER  FOR  IT  TO  APPROVE  OR
COMPLETE THE MODIFICATION.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

                                 PART Y

  Section 1. Subparagraph 4 of paragraph h of subdivision 2  of  section
355  of the education law, as amended by chapter 260 of the laws of 2011
and clause (ii) as amended by section 1 of part P of chapter 57  of  the
laws of 2012, is amended to read as follows:
  (4)  The trustees shall not impose a differential tuition charge based
upon need or  income.  Except  as  hereinafter  provided,  all  students
enrolled  in  programs  leading to like degrees at state-operated insti-
tutions of the state university shall  be  charged  a  uniform  rate  of
tuition  except for differential tuition rates based on state residency.
Provided, however, that the trustees may authorize the presidents of the
colleges of technology and the colleges of agriculture and technology to
set differing 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
baccalaureate  degree  at other state-operated institutions of the state
university of New York. Except as otherwise authorized in this  subpara-
graph,  the  trustees  shall not adopt changes affecting tuition charges
prior to the enactment of the annual budget, provided however that:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand
sixteen academic year the state university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate rate of tuition adopted by the board of trustees in  the  prior
academic  year,  provided  however that FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE ACADEMIC YEAR AND  THEREAFTER  if  the  annual  resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition  credit  for each eligible student, as determined and calculated
by the New York state higher education services corporation pursuant  to

A. 8556--C                         79

section six hundred eighty-nine-a of this title, shall be applied toward
the tuition charged for each semester, quarter or term of study. Tuition
for  each  semester,  quarter  or term of study shall not be due for any
student eligible to receive such tuition credit until the tuition credit
is  calculated  and  applied  against the tuition charged for the corre-
sponding semester, quarter or term.
  (ii) On or before November thirtieth, two thousand eleven,  the  trus-
tees  shall  approve  and  submit to the chairs of the assembly ways and
means committee and the senate finance committee and to the director  of
the  budget  a  master tuition plan setting forth the tuition rates that
the trustees propose for resident undergraduate students  for  the  five
year period commencing with the two thousand eleven--two thousand twelve
academic  year  and  ending  in  the  two  thousand fifteen-two thousand
sixteen academic year, and shall submit any proposed amendments to  such
plan  by  November  thirtieth of each subsequent year thereafter through
November thirtieth, two thousand fifteen, and provided further  COMMENC-
ING  IN  THE  TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND
ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC  YEAR,
that  with the approval of the board of trustees, each university center
may increase non-resident undergraduate tuition rates each year  by  not
more  than ten percent over the tuition rates of the prior academic year
for a five year period commencing with the semester following the semes-
ter in which the governor and the chancellor of the state university  of
New York approve the NY-SUNY 2020 proposal for such university center.
  (iii)  The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made  avail-
able  to the state university in state fiscal year two thousand eleven--
two thousand  twelve.  Beginning  in  state  fiscal  year  two  thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and  make  available  general  fund  operating support, including fringe
benefits, for the state  university  AND  THE  STATE  UNIVERSITY  HEALTH
SCIENCE  CENTERS  in an amount not less than the amount appropriated and
made available in the prior state fiscal year; provided,  however,  that
if the governor declares a fiscal emergency, and communicates such emer-
gency to the temporary president of the senate and speaker of the assem-
bly,  state  support  for operating expenses at the state university and
city university may be reduced in a manner proportionate to one another,
and the aforementioned provisions shall not apply.
  (iv) For the state university fiscal  years  commencing  two  thousand
eleven--two  thousand  twelve and ending two thousand fifteen--two thou-
sand sixteen, each university center may set  aside  a  portion  of  its
tuition  revenues  derived  from  tuition increases to provide increased
financial aid for New York state resident undergraduate  students  whose
net  taxable  income  is  eighty thousand dollars or more subject to the
approval of a NY-SUNY 2020 proposal by the governor and  the  chancellor
of  the state university of New York. Nothing in this paragraph shall be
construed as to authorize that students  whose  net  taxable  income  is
eighty  thousand  dollars  or  more  are eligible for tuition assistance
program awards pursuant to section six hundred sixty-seven of this chap-
ter.
  S 2. Subparagraph (i) of paragraph (a) of  subdivision  7  of  section
6206  of  the  education  law,  as amended by chapter 260 of the laws of
2011, is amended to read as follows:
  (i) Commencing with  the  two  thousand  eleven--two  thousand  twelve
academic  year  and  ending  in  the  two thousand fifteen--two thousand

A. 8556--C                         80

sixteen academic year, the city university of New York board of trustees
shall be empowered  to  increase  the  resident  undergraduate  rate  of
tuition  by not more than three hundred dollars over the resident under-
graduate  rate  of tuition adopted by the board of trustees in the prior
academic year, provided however that FOR THE  TWO  THOUSAND  ELEVEN--TWO
THOUSAND  TWELVE  ACADEMIC  YEAR  AND  THEREAFTER if the annual resident
undergraduate rate of tuition would exceed five thousand dollars, then a
tuition credit for each eligible student, as determined  and  calculated
by  the New York state higher education services corporation pursuant to
section six hundred eighty-nine-a of  this  chapter,  shall  be  applied
toward  the tuition charged for each semester, quarter or term of study.
Tuition for each semester, quarter or term of study shall not be due for
any student eligible to receive such tuition credit  until  the  tuition
credit  is  calculated  and  applied against the tuition charged for the
corresponding semester, quarter or term.
  S 3. Section 16 of chapter 260 of the laws of 2011 amending the educa-
tion law and the New  York  state  urban  development  corporation  act,
relating  to establishing components of the NY-SUNY 2020 challenge grant
program, as amended by section 65-a of part HH of chapter 57 of the laws
of 2013, is amended to read as follows:
  S 16. This act shall take effect July 1, 2011; provided that  sections
one,  two,  [three,  four, five,] six, eight, nine, ten, eleven, twelve,
thirteen, fourteen and fifteen of this act shall expire  5  years  after
such effective date when upon such date the provisions of this act shall
be deemed repealed.
  S 4. This act shall take effect immediately.

                                 PART Z

  Section  1.  Subdivision  4  of  section  663 of the education law, as
amended by chapter 62 of the  laws  of  1977,  is  amended  to  read  as
follows:
  4.  Relinquishing of parental control. In determining the amount of an
award, the president may, in cases of  unusual  and  exceptional  family
circumstances  warranting  such  action, recognize an existing condition
wherein parental control has in effect been relinquished by the  parents
or  others  responsible  for  the  applicant,  and  notwithstanding  the
provisions of subdivision three of this section, the  applicant  has  in
effect been emancipated. PROVIDED, HOWEVER, THAT STUDENTS WHO HAVE QUAL-
IFIED  AS AN ORPHAN, FOSTER CHILD, OR WARD OF THE COURT FOR THE PURPOSES
OF FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY TITLE IV OF  THE
HIGHER  EDUCATION ACT OF 1965, AS AMENDED, SHALL NOT BE CONSIDERED EMAN-
CIPATED FOR THE PURPOSES OF DETERMINING AN AWARD PURSUANT TO SECTION SIX
HUNDRED SIXTY-SEVEN OF THIS ARTICLE. The criteria  used  in  determining
these  cases  of  unusual  and exceptional family circumstances shall be
established by the president with the approval of the board of  trustees
and the director of the division of the budget.
  S 2. The opening paragraph 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 H of chapter 58 of the  laws  of  2011,  is
amended to read as follows:
  In  the  case  of  students  who have not been granted an exclusion of
parental income, WHO HAVE QUALIFIED AS AN ORPHAN, FOSTER CHILD, OR  WARD
OF  THE COURT FOR THE PURPOSES OF FEDERAL STUDENT FINANCIAL AID PROGRAMS
AUTHORIZED BY TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS  AMENDED,
or  had  a  dependent  for  income tax purposes during the tax year next

A. 8556--C                         81

preceding the academic year for which application is  made,  except  for
those  students  who  have been granted exclusion of parental income who
have a spouse but no other dependent:
  S 3. This act shall take effect immediately.

                                 PART AA

  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
separately  amended  by  section  1 of part E and section 1 of part H of
chapter 58 of the laws of 2011, is amended to read as follows:
  (c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand dollars, EXCEPT STARTING IN  TWO  THOUSAND
FOURTEEN-TWO THOUSAND FIFTEEN AND THEREAFTER SUCH STUDENTS SHALL RECEIVE
FIVE THOUSAND THREE HUNDRED DOLLARS; or
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Subdivision  1  of section 679-a of the education law, as
added by chapter 161 of the laws of 2005, is amended to read as follows:
  1. Purpose. The president shall grant student loan forgiveness  awards
for  the  purpose  of increasing the number of social workers serving in
critical human service areas. For the purposes of this section, the term
"critical human service area" shall mean  an  area  in  New  York  state
designated   by  the  corporation,  in  consultation  with  a  committee
comprised of one representative each from the corporation,  the  depart-
ment,  the  department  of health, the department of mental hygiene, and
the office of children and family services,  provided  that  such  areas
shall  include,  but  not be limited to, areas with a shortage of social
workers in HOME CARE, health, mental  health,  substance  abuse,  aging,
HIV/AIDS  and  child welfare concerns, or communities with multi-lingual
needs.
  S 2. This act shall take effect immediately; provided,  however,  that
the  amendments  to  subdivision 1 of section 679-a of the education law
made by section one of this act shall not  affect  the  repeal  of  such
section and shall be deemed repealed therewith.
  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 BB of this act shall be
as specifically set forth in the last section of such Parts.