[ ] is old law to be omitted.
LBD12572-03-3
S. 2607--A 2 A. 3007--A
2001, in relation to extending the expiration of certain provisions of
such chapters; to amend chapter 472 of the laws of 1998 amending the
education law relating to the lease of school buses by school
districts, in relation to extending the provisions of such chapter; in
relation to school bus driver training; in relation to the support of
public libraries; to provide special apportionment for salary
expenses; to provide special apportionment for public pension
expenses; in relation to suballocation of certain education department
accruals; in relation to purchases by the city school district of
Rochester; and providing for the repeal of certain provisions relating
to the suballocation of certain education department accruals (Part
A); to amend the education law and the public authorities law, in
relation to the acquisition, design, construction, reconstruction,
rehabilitation, improvement and financing of dormitory facilities for
the state university of New York (Part B); 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 C); to amend the education law, in relation to
establishing the Next Generation NY Job Linkage Program Act (Part D);
to amend the social services law, in relation to increasing the stand-
ards of monthly need for aged, blind and disabled persons living in
the community (Part E); to amend the private housing finance law, in
relation to the homeless housing and assistance program; and to repeal
certain provisions of the social services law relating thereto (Part
F); to amend the executive law and the social services law, in
relation to consolidating the youth development and delinquency
prevention program and the special delinquency prevention program; and
to repeal certain provisions of the executive law relating thereto
(Part G); to amend the executive law, the family court act, and the
social services law, in relation to juvenile justice reforms; and to
repeal certain provisions of the executive law and the family court
act relating thereto (Subpart A); to amend the executive law, in
relation to allowing the department of civil service, in consultation
with the commissioner of the office of children and family services,
to prescribe qualifications of facility director positions (Subpart B)
(Part H); to amend the executive law, the public health law and the
social services law, in relation to the merger of the office of the
welfare inspector general with the office of the inspector general;
and to repeal certain provisions of the executive law relating thereto
(Part I); to amend the real property tax law, in relation to providing
for the registration of recipients of STAR exemptions, and eliminating
waste, fraud and abuse in the STAR program (Part J); to amend the
private housing finance law, in relation to the community preservation
program; and to repeal articles 16 and 17 of such law relating thereto
(Part K); to amend the public authorities law and the private housing
finance law, in relation to modernizing the investment powers of the
state of New York mortgage agency and the New York state housing
finance agency; and to repeal certain provisions of the public author-
ities law and the private housing finance law relating thereto (Part
L); to utilize reserves in the project pool insurance account of the
mortgage insurance fund for various housing purposes (Part M); to
amend the labor law, in relation to the powers of the commissioner of
labor and to repeal subdivision 17 of section 100 of the economic
S. 2607--A 3 A. 3007--A
development law relating to the operation of the state data center
(Part N); to amend the labor law, in relation to increasing unemploy-
ment insurance benefits and contributions, to entitlement and eligi-
bility criteria, to work search requirements, to relieving employers
of charges for separations caused by misconduct and voluntarily leav-
ing employment without good cause, to reduction of benefits based on
pensions and dismissal pay, to enhanced penalties, in relation to
fraudulently obtained benefits and new penalties for employers who
cause overpayments by failing to timely and accurately respond to
information about claims, to approving employer shared work benefit
plans, and to the interest assessment surcharge; and to amend chapter
62 of the laws of 2003, amending the state finance law and other laws
relating to authorizing and directing the state comptroller to loan
money to certain funds and accounts, in relation to the effectiveness
thereof; to repeal certain provisions of the labor law relating there-
to; and providing for the repeal of certain provisions upon expiration
thereof (Part O); to amend the labor law, in relation to the minimum
wage and making technical corrections relating thereto (Part P); to
amend the civil service law, in relation to the expiration of para-
graph d of subdivision 4 of section 209 of such law and the authority
of certain public arbitration panels thereunder (Part Q); and to amend
the racing, pari-mutuel wagering and breeding law, in relation to the
placement of casino gambling facilities and to amend the state finance
law, in relation to establishing the casino revenue fund (Part R)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2013-2014
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through R. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section three of this act sets forth the
general effective date of this act.
PART A
Section 1. 1. As used in this section:
a. "APPR past non-compliance penalty" shall mean the sum of the annual
increases in apportionments withheld pursuant to section 1 of part A of
chapter 57 of the laws of 2012 and subdivision 2 of this section for the
base year and each prior school year;
b. "base year" shall mean the base year as defined in paragraph b of
subdivision 1 of section 3602 of the education law; and
c. "current year" shall mean the current year as defined in paragraph
a of subdivision 1 of section 3602 of the education law.
2. Notwithstanding any inconsistent provision of law, no school
district shall be eligible for an apportionment of general support for
public schools from the funds appropriated for the 2013-14 school year
and thereafter in excess of the amount apportioned to such school
S. 2607--A 4 A. 3007--A
district in the base year unless such school district has submitted
documentation that has been approved by the commissioner of education by
September 1 of the current year, demonstrating that it has fully imple-
mented the standards and procedures for conducting annual professional
performance reviews of classroom teachers and building principals in
accordance with the requirements of section 3012-c of the education law
and the commissioner of education's regulations.
3. For the 2013-14 school year and thereafter the apportionment of
general support for public schools from the funds appropriated for the
2013-14 school year and thereafter shall be reduced by the APPR past
non-compliance penalty. Such reduction shall not occur prior to April 1
of the current year.
4. If any payments of ineligible amounts pursuant to subdivisions 2
and 3 of this section were made, and the school district has not submit-
ted documentation that has been approved by the commissioner of educa-
tion by September 1 of the current school year demonstrating that it has
fully implemented the standards and procedures for conducting annual
professional performance reviews of classroom teachers and building
principals in accordance with the requirements of section 3012-c of the
education law and the regulations of the commissioner of education, the
total amount of such payments shall be deducted by the commissioner of
education from future payments to the school district; provided further
that, if the amount of the deduction is greater than the sum of the
amounts available for such deductions in the applicable school year, the
remainder of the deduction shall be withheld from payments scheduled to
be made to the school district pursuant to section 3609-a of the educa-
tion law for the subsequent school year.
S 2. Paragraph e of subdivision 1 of section 211-d of the education
law, as amended by section 2 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
e. Notwithstanding paragraphs a and b of this subdivision, a school
district that submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for excel-
lence for the two thousand nine--two thousand ten school year in
conformity with the requirements of subparagraph (vi) of paragraph a of
subdivision two of this section unless all schools in the district are
identified as in good standing and provided further that, a school
district that submitted a contract for excellence for the two thousand
nine--two thousand ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract for excel-
lence for the two thousand eleven--two thousand twelve school year which
shall, notwithstanding the requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the expenditure
of an amount which shall be not less than the product of the amount
approved by the commissioner in the contract for excellence for the two
thousand nine--two thousand ten school year, multiplied by the
district's gap elimination adjustment percentage and provided further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in the district are identified as in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand thir-
teen school year which shall, notwithstanding the requirements of
subparagraph (vi) of paragraph a of subdivision two of this section,
provide for the expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract for excellence
for the two thousand eleven--two thousand twelve school year AND
S. 2607--A 5 A. 3007--A
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. For purposes of this paragraph, the "gap elimination adjustment
percentage" shall be calculated as the sum of one minus the quotient of
the sum of the school district's net gap elimination adjustment for two
thousand ten--two thousand eleven computed pursuant to chapter fifty-
three of the laws of two thousand ten, making appropriations for the
support of government, plus the school district's gap elimination
adjustment for two thousand eleven--two thousand twelve as computed
pursuant to chapter fifty-three of the laws of two thousand eleven,
making appropriations for the support of the local assistance budget,
including support for general support for public schools, divided by the
total aid for adjustment computed pursuant to chapter fifty-three of the
laws of two thousand eleven, making appropriations for the local assist-
ance 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 allow-
able programs and activities in the current year.
S 3. Subdivision 1 of section 753 of the education law, as amended by
section 4 of part A-1 of chapter 58 of the laws of 2011, is amended to
read as follows:
1. In addition to any other apportionment under this chapter, a school
district shall be eligible for an apportionment under the provisions of
this section for approved expenses for (i) the purchase or lease of
micro and/or mini computer equipment or terminals for instructional
purposes or (ii) technology equipment, as defined in paragraph c of
subdivision two of this section, used for instructional purposes, or
(iii) for the repair of such equipment and training and staff develop-
ment for instructional purposes as provided hereinafter, or (iv) for
expenses incurred on or after July first, two thousand eleven, any items
of expenditure that are eligible for an apportionment pursuant to
sections seven hundred one, seven hundred eleven and/or seven hundred
fifty-one of this title, where such items are designated by the school
district as eligible for aid pursuant to this section, provided, howev-
er, that if aided pursuant to this section, such expenses shall not be
aidable pursuant to any other section of law. Such aid shall be provided
pursuant to a plan developed by the district which demonstrates to the
satisfaction of the commissioner that the instructional computer hard-
ware needs of the district's public school students have been adequately
met and that the school district has provided for the loan of instruc-
tional computer hardware to students legally attending nonpublic schools
pursuant to section seven hundred fifty-four of this article. The
apportionment shall equal the lesser of such approved expense in the
base year or, the product of (i) the technology factor, (ii) the sum of
the public school district enrollment and the nonpublic school enroll-
ment in the base year as defined in subparagraphs two and three of para-
graph n of subdivision one of section thirty-six hundred two of this
chapter, and (iii) the building aid ratio, as defined in subdivision
S. 2607--A 6 A. 3007--A
four of section thirty-six hundred two of this chapter. AID PAYABLE
PURSUANT TO THIS SECTION SHALL BE DEEMED FINAL AND NOT SUBJECT TO CHANGE
AFTER APRIL THIRTIETH OF THE SCHOOL YEAR FOR WHICH PAYMENT WAS DUE. For
aid payable in the two thousand seven--two thousand eight school year
and thereafter, the technology factor shall be twenty-four dollars and
twenty cents. A school district may use up to twenty percent of the
product of (i) the technology factor, (ii) the sum of the public school
district enrollment and the nonpublic school enrollment in the base year
as defined in subparagraphs two and three of paragraph n of subdivision
one of section thirty-six hundred two of this chapter, and (iii) the
building aid ratio for the repair of instructional computer hardware and
technology equipment and training and staff development for instruc-
tional purposes pursuant to a plan submitted to the commissioner.
S 4. Subdivision 2 of section 2116-b of the education law, as added by
chapter 263 of the laws of 2005, is amended to read as follows:
2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in the previous school year, or school districts with actual enrollment
of less than [three hundred] ONE THOUSAND students in the previous
school year shall be exempt from this requirement. Any school district
claiming such exemption shall annually certify to the commissioner that
such school district meets the requirements set forth in this subdivi-
sion.
S 5. Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 21 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
(a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which the
pupil resides. The charter school shall report all such data to the
school districts of residence in a timely manner. Each school district
shall report such enrollment, attendance and count of students with
disabilities to the department. The school district of residence shall
pay directly to the charter school for each student enrolled in the
charter school who resides in the school district the charter school
basic tuition, which shall be:
(i) for school years prior to the two thousand nine--two thousand ten
school year and for school years following the [two thousand twelve--two
thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two of this chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision one
of section thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
(ii) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN school years, the charter school basic tuition shall be the
basic tuition computed for the two thousand ten--two thousand eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
S. 2607--A 7 A. 3007--A
S 6. Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 22 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
(a) The enrollment of students attending charter schools shall be
included in the enrollment, attendance and, if applicable, count of
students with disabilities of the school district in which the pupil
resides. The charter school shall report all such data to the school
districts of residence in a timely manner. Each school district shall
report such enrollment, attendance and count of students with disabili-
ties to the department. The school district of residence shall pay
directly to the charter school for each student enrolled in the charter
school who resides in the school district the charter school basic
tuition which shall be:
(i) for school years prior to the two thousand nine--two thousand ten
school year and for school years following the [two thousand twelve--two
thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN school
year, an amount equal to one hundred percent of the amount calculated
pursuant to paragraph f of subdivision one of section thirty-six hundred
two of this chapter for the school district for the year prior to the
base year increased by the percentage change in the state total approved
operating expense calculated pursuant to paragraph t of subdivision one
of section thirty-six hundred two of this chapter from two years prior
to the base year to the base year;
(ii) for the two thousand nine--two thousand ten school year, the
charter school basic tuition shall be the amount payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
(iii) for the two thousand ten--two thousand eleven through [two thou-
sand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN school years, the charter school basic tuition shall be the
basic tuition computed for the two thousand ten--two thousand eleven
school year pursuant to the provisions of subparagraph (i) of this para-
graph.
S 7. Intentionally omitted.
S 8. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 27 of part A of chapter 58 of the
laws of 2011, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[twelve] FOURTEEN--two thousand [thirteen] FIFTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
S 9. Subdivision 9 of section 3602 of the education law, as amended by
section 16 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
9. Aid for conversion to full day kindergarten. School districts may
make available full day kindergarten programs for all children wishing
to attend such programs[,]. For aid payable in the two thousand seven-
-two thousand eight school year and thereafter, school districts which
S. 2607--A 8 A. 3007--A
provided any half-day kindergarten programs or had no kindergarten
programs in the nineteen hundred ninety-six--ninety-seven school year
and in the base year, AND WHICH HAVE NOT RECEIVED AN APPORTIONMENT
PURSUANT TO THIS PARAGRAPH IN ANY PRIOR SCHOOL YEAR, shall be eligible
for aid equal to the product of the district's selected foundation aid
calculated pursuant to subdivision four of this section multiplied by
the positive difference resulting when the full day kindergarten enroll-
ment of children attending programs in the district in the base year is
subtracted from such enrollment in the current year.
S 10. Subdivision 12 of section 3602 of the education law, as amended
by section 35 of part A of chapter 58 of the laws of 2011, is amended to
read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
For the two thousand nine--two thousand ten through two thousand
[twelve] FOURTEEN--two thousand [thirteen] FIFTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "EDUCATION GRANTS, ACADEMIC
EN" under the heading "2008-09 BASE YEAR AIDS" in the school aid comput-
er listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910",
and such apportionment shall be deemed to satisfy the state obligation
to provide an apportionment pursuant to subdivision eight of section
thirty-six hundred forty-one of this article.
S 11. Subdivision 16 of section 3602 of the education law, as amended
by section 18 of part B of chapter 57 of the laws of 2008, the opening
paragraph as amended by section 36 of part A of chapter 58 of the laws
of 2011, subparagraph 1 of paragraph a as further amended by section 1
of part W of chapter 56 of the laws of 2010, is amended to read as
follows:
16. High tax aid. Each school district shall be eligible to receive a
high tax aid apportionment in the two thousand [eight] THIRTEEN--two
thousand [nine] FOURTEEN school year, which shall equal the greater of
(i) the sum of the tier 1 high tax aid apportionment[,] AND the tier 2
high tax aid apportionment [and the tier 3 high tax aid apportionment]
or (ii) the product of the [apportionment received by the school
district pursuant to this subdivision in the two thousand seven--two
thousand eight school year,] AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT
AS "HIGH TAX AID" UNDER THE HEADING "2012-13 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF
THE BUDGET FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND ENTITLED "SA121-3" multiplied by the due-minimum factor, which
shall equal, for districts with an alternate pupil wealth ratio computed
pursuant to paragraph b of subdivision three of this section that is
less than [two] ONE, [seventy] FIFTY percent [(0.70)] (0.50), and for
all other districts, [fifty] THIRTY percent [(0.50)] (0.30). [Each
S. 2607--A 9 A. 3007--A
school district shall be eligible to receive a high tax aid apportion-
ment in the two thousand nine--two thousand ten through two thousand
twelve--two thousand thirteen school years in the amount set forth for
such school district as "HIGH TAX AID" under the heading "2008-09 BASE
YEAR AIDS" in the school aid computer listing produced by the commis-
sioner in support of the budget for the two thousand nine--two thousand
ten school year and entitled "SA0910".]
IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND
THEREAFTER, EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE A HIGH TAX
AID APPORTIONMENT IN THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS
"HIGH TAX AID" UNDER THE HEADING "2013-14 ESTIMATED AIDS" IN THE SCHOOL
AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE
EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "BT131-4".
a. Definitions. (1) "Residential real property tax levy" shall mean
the school tax levy imposed on residential property, including condomin-
ium properties, in the year commencing in the calendar year two years
prior to the calendar year in which the base year began. The final
update of such data shall be reported by the commissioner of taxation
and finance to the commissioner by February fifteenth of the base year.
The commissioner of taxation and finance shall adopt regulations as
appropriate to assure the appropriate collection, classification and
reporting of such data for the purposes of paying state aid to the
schools.
(2) "Adjusted gross income" shall mean the adjusted gross income of a
school district as used in computation of the district's alternate pupil
wealth ratio pursuant to paragraph b of subdivision three of this
section, provided, however, that for the computation of apportionments
pursuant to this subdivision, the adjusted gross income of a central
high school district shall not equal the sum of the adjusted gross
income of each of its component school districts.
(3) "Tax effort ratio" shall mean the quotient of the district's resi-
dential real property tax levy divided by the district's adjusted gross
income computed to five decimals without rounding.
(4) "Tier 1 eligible school district" shall mean any school district
in which (i) the income wealth index, as computed pursuant to paragraph
d of subdivision three of this section, is less than [two and one-half]
NINE HUNDRED AND FIFTY-FIVE THOUSANDTHS (.955), and (ii) the expense per
pupil, as computed pursuant to paragraph f of subdivision one of this
section, is greater than NINETY-FIVE AND FIVE-TENTHS PERCENT (.955) OF
the statewide average expense per pupil as computed pursuant to subdivi-
sion five of this section, and (iii) the tax effort ratio is greater
than [three and two-tenths percent (0.032)] FOUR AND FIVE-TENTHS PERCENT
(.045). For the [two thousand eight--two thousand nine] TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN school year, for the purpose of comput-
ing aid pursuant to this subdivision, the statewide average expense per
pupil shall be [ten thousand six hundred fifty dollars] TWELVE THOUSAND
FIVE HUNDRED DOLLARS.
(5) "Tier 2 eligible school district" shall mean any school district
in which the tax effort ratio is greater than five AND FIVE-TENTHS
percent (.055).
[(6) "Tier 3 eligible school district" shall mean any school district
in which (i) the quotient of (a) the actual valuation of the school
district divided by its total wealth pupil units computed pursuant to
subparagraph one of paragraph a of subdivision three of this section,
divided by (b) the adjusted gross income of a school district divided by
S. 2607--A 10 A. 3007--A
its total wealth pupil units computed pursuant to subparagraph one of
paragraph b of subdivision three of this section, is greater than four
and sixty-two hundredths (4.62), (ii) the combined wealth ratio computed
pursuant to subparagraph one of paragraph c of subdivision three of this
section is less than six, and (iii) the regional cost index determined
pursuant to subparagraph two of paragraph a of subdivision four of this
section is greater than one and three-tenths (1.3).]
b. Tier 1 high tax aid apportionment. For any tier 1 eligible school
district, the tier 1 high tax aid apportionment shall be [the greater of
(1)] the product of the public school district enrollment of the
district in the base year, as computed pursuant to subparagraph two of
paragraph n of subdivision one of this section, multiplied by the prod-
uct of four hundred [fifty] SEVENTY-FIVE dollars multiplied by the state
sharing ratio[, or (2) one hundred thousand dollars] COMPUTED PURSUANT
TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION.
c. Tier 2 high tax aid apportionment. For any tier 2 eligible school
district, the tier 2 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) one hundred [eighty-one]
NINETY-FIVE thousandths [(0.181)] (0.195) multiplied by (iii) the posi-
tive difference, if any, of the expense per pupil, as computed pursuant
to paragraph f of subdivision one of this section, less [ten thousand
six hundred sixty] THIRTEEN THOUSAND ONE HUNDRED TWENTY-FIVE dollars,
multiplied by (iv) an aid ratio computed by subtracting from one AND
THIRTY-SEVEN HUNDREDTHS (1.37) the product obtained by multiplying the
alternate pupil wealth ratio computed pursuant to subparagraph one of
paragraph b of subdivision three of this section by [sixty percent] ONE
AND TWENTY-THREE HUNDREDTHS (1.23), provided, however, that such aid
ratio shall not be less than zero nor greater than one, multiplied by
(v) the regional cost index COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION.
[d. Tier 3 high tax aid apportionment. For any tier 3 eligible school
district, the tier 3 high tax aid apportionment shall be the product of
(i) the public school district enrollment of the district in the base
year, as computed pursuant to subparagraph two of paragraph n of subdi-
vision one of this section, multiplied by (ii) fifty-two dollars, multi-
plied by (iii) the regional cost index.]
S 12. Paragraph (e) of subdivision 17 of section 3602 of the education
law, as added by section 6 of part A of chapter 57 of the laws of 2012,
is amended and a new paragraph f is added to read as follows:
[(e)] E. The gap elimination adjustment restoration amount for the two
thousand thirteen--two thousand fourteen school year and thereafter
[shall equal the product of the gap elimination percentage for such
district and the gap elimination adjustment restoration allocation
established pursuant to subdivision eighteen of this section] SHALL BE
COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE 2013-14 STATE FISCAL YEAR AND
ENTITLED "BT131-4" AND SHALL EQUAL THE SUM OF (I) THE GREATER OF:
(A) THE PRODUCT OF (1) THE PRODUCT OF THE EXTRAORDINARY NEEDS INDEX
MULTIPLIED BY TWO HUNDRED TEN DOLLARS AND TWENTY CENTS COMPUTED TO TWO
DECIMAL PLACES WITHOUT ROUNDING, MULTIPLIED BY (2) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS
SECTION MULTIPLIED BY (3) THE PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
S. 2607--A 11 A. 3007--A
SUBDIVISION ONE OF THIS SECTION, WHERE THE EXTRAORDINARY NEEDS INDEX
SHALL BE THE QUOTIENT OF THE EXTRAORDINARY NEEDS PERCENT FOR THE
DISTRICT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS
SECTION DIVIDED BY FIVE HUNDRED THIRTY-FOUR ONE-THOUSANDTHS (.534); OR
(B) THE PRODUCT OF FORTY PERCENT (0.40) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT RESTORATION FOR THE TWO THOUSAND TWELVE--TWO THOUSAND
THIRTEEN SCHOOL YEAR COMPUTED PURSUANT TO PARAGRAPH D OF THIS SUBDIVI-
SION AND (II) THE PRODUCT OF (1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE
AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MINUS THE PRODUCT OF THE COMBINED
WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY ONE AND TWENTY-THREE
HUNDREDTHS (1.23), MULTIPLIED BY (2) THE PUBLIC SCHOOL DISTRICT ENROLL-
MENT FOR THE BASE YEAR, CALCULATED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH N OF SUBDIVISION ONE OF THIS SECTION, MULTIPLIED BY (3) FIFTY
DOLLARS; BUT SHALL BE NO GREATER THAN THE PRODUCT OF FORTY-ONE AND
FIVE-TENTHS PERCENT (0.415) AND THE GAP ELIMINATION ADJUSTMENT FOR THE
TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR FOR THE DISTRICT.
F. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
SAND 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.
S 13. 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
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
S. 2607--A 12 A. 3007--A
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 FOURTEEN-
-TWO THOUSAND FIFTEEN 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. FOR CLAIMS FOR
WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL
CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER
THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no
payments shall be barred or reduced where such payment is required as a
result of a final audit of the state. [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.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS
PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN,
SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, 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 THIRTEEN--TWO THOUSAND FOURTEEN 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 COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO
THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED
"BT131-4", 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, 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 SCHOOL YEAR
AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL
DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN
EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN
S. 2607--A 13 A. 3007--A
SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL
YEAR IN WHICH THE SCHOOL YEAR COMMENCES.
S 14. The opening paragraph of section 3609-a of the education law, as
amended by section 9 of part A of chapter 57 of the laws of 2012, 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 TWELVE--TWO THOUSAND
THIRTEEN 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 twelve--two
thousand thirteen school year, reference to such "school aid computer
listing for the current year" shall mean the printouts entitled
"SA121-3". FOR AID PAYABLE IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN 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 THE 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
S. 2607--A 14 A. 3007--A
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 15. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 10 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into consideration the magnitude of any shortage of teachers in the
school district, the number of teachers employed in the school district
who hold temporary licenses to teach in the public schools of the state,
the number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the number of new teachers the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district, if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section. Notwithstand-
ing any other provision of law to the contrary, a city school district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of such grant funds for any recruitment, retention and certification
costs associated with transitional certification of teacher candidates
for the school years two thousand one--two thousand two through [two
thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO THOU-
SAND FOURTEEN.
S 16. Section 3641 of the education law is amended by adding a new
subdivision 6-a to read as follows:
6-A. COMMUNITY SCHOOL GRANTS. A. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, SUBJECT TO A PLAN DEVELOPED BY THE STATE COUNCIL ON CHIL-
DREN AND FAMILIES AND APPROVED BY THE DIRECTOR OF THE BUDGET, THE STATE
COUNCIL ON CHILDREN AND FAMILIES SHALL AWARD COMPETITIVE GRANTS PURSUANT
TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS TO IMPLEMENT, BEGINNING
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, A PLAN
THAT TARGETS SCHOOL BUILDINGS AS COMMUNITY HUBS TO DELIVER CO-LOCATED OR
SCHOOL-LINKED ACADEMIC, HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR
OTHER SERVICES TO STUDENTS AND THEIR FAMILIES IN A MANNER THAT WILL LEAD
TO IMPROVED EDUCATIONAL AND OTHER OUTCOMES.
(1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
(II) THE SCORING RUBRIC BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING,
BUT NOT LIMITED TO: MEASURES OF SCHOOL DISTRICT NEED; MEASURES OF THE
NEED OF STUDENTS TO BE SERVED BY EACH OF THE SCHOOL DISTRICTS; THE
SCHOOL DISTRICT'S PROPOSAL TO TARGET THE HIGHEST NEED SCHOOLS AND
S. 2607--A 15 A. 3007--A
STUDENTS; THE SUSTAINABILITY OF THE PROPOSED COMMUNITY SCHOOLS PROGRAM;
AND PROPOSAL QUALITY;
(III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
(IV) THE MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL
BE DETERMINED;
(V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
(VI) THE PERFORMANCE BENCHMARKS THAT WILL TRIGGER PAYMENT OF SET
PERCENTAGES OF THE TOTAL AWARD.
(2) IN ASSESSING PROPOSAL QUALITY, THE COUNCIL SHALL TAKE INTO ACCOUNT
FACTORS INCLUDING, BUT NOT LIMITED TO:
(I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD PROVIDE
SUCH COMMUNITY SERVICES THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND
NON-PROFIT ORGANIZATIONS;
(II) THE EXTENT TO WHICH THE PROPOSAL WOULD PROVIDE FOR DELIVERY OF
SUCH SERVICES DIRECTLY IN SCHOOL BUILDINGS;
(III) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES HOW SUCH SERVICES
WOULD FACILITATE MEASURABLE IMPROVEMENT IN STUDENT AND FAMILY OUTCOMES;
AND
(IV) THE EXTENT TO WHICH THE PROPOSAL ARTICULATES AND IDENTIFIES HOW
EXISTING FUNDING STREAMS AND PROGRAMS WOULD BE USED TO PROVIDE SUCH
COMMUNITY SERVICES.
B. A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS
SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A
CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS.
C. THE AMOUNT OF THE GRANT AWARD SHALL BE DETERMINED BY THE STATE
COUNCIL ON CHILDREN AND FAMILIES, CONSISTENT WITH THE PLAN DEVELOPED
PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION, EXCEPT THAT NO SINGLE
DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE TOTAL AMOUNT OF
GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION; AND PROVIDED FURTHER
THAT THE MAXIMUM AWARD TO ANY INDIVIDUAL COMMUNITY SCHOOL SITE SHALL BE
FIVE HUNDRED THOUSAND DOLLARS; AND PROVIDED FURTHER THAT THE AMOUNT
AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER TIME UPON ACHIEVEMENT
OF THE PERFORMANCE BENCHMARKS DESCRIBED IN THE PLAN SET FORTH PURSUANT
TO PARAGRAPH A OF THIS SUBDIVISION; AND PROVIDED FURTHER THAT NONE OF
THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT
EXISTING FUNDING.
D. NOTWITHSTANDING ANY STATE LAW OR REGULATION TO THE CONTRARY, ANY
EXECUTIVE AGENCY HEAD THAT IS A MEMBER OF THE STATE COUNCIL ON CHILDREN
AND FAMILY SERVICES IS DIRECTED, TO THE EXTENT ALLOWED UNDER FEDERAL LAW
AND REGULATION, TO PRIORITIZE APPLICATIONS THAT CO-LOCATE OR LINK
PROGRAMMING RELEVANT TO THE PROVISION OF SERVICES IDENTIFIED IN PARA-
GRAPH A OF THIS SUBDIVISION.
S 17. Section 3641 of the education law is amended by adding a new
subdivision 6-b to read as follows:
6-B. EXTENDED LEARNING GRANTS. A. WITHIN THE AMOUNT APPROPRIATED FOR
SUCH PURPOSE, SUBJECT TO A PLAN THAT IS DEVELOPED BY A THREE-PERSON
PANEL COMPRISED OF THE COMMISSIONER, AN AGENCY HEAD APPOINTED BY THE
GOVERNOR, AND AN EXPERT IN EXTENDED LEARNING TIME APPOINTED BY THE
GOVERNOR, AND THAT IS APPROVED BY THE DIRECTOR OF THE BUDGET, THE
COMMISSIONER SHALL AWARD COMPETITIVE PLANNING AND IMPLEMENTATION GRANTS
PURSUANT TO THIS SUBDIVISION TO ELIGIBLE SCHOOL DISTRICTS THAT PUT
FORWARD A PROPOSAL TO IMPROVE STUDENT OUTCOMES BY ADDING AT LEAST TWEN-
TY-FIVE PERCENT MORE TIME TO THE ACADEMIC CALENDAR BY EXTENDING THE
SCHOOL DAY, SCHOOL YEAR, OR SOME COMBINATION THEREOF, EITHER
DISTRICT-WIDE OR IN SELECTED SCHOOL BUILDINGS.
(1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO:
S. 2607--A 16 A. 3007--A
(I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED;
(II) THE SCORING RUBRIC BY WHICH SUCH PROPOSALS WILL BE EVALUATED,
PROVIDED THAT PRIORITY SHALL BE GIVEN TO APPLICANTS BASED UPON THE
SCHOOL DISTRICT'S PROPOSAL TO TARGET THE SCHOOLS AND STUDENTS WITH THE
GREATEST NEED AND UPON PROPOSAL QUALITY;
(III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED;
(IV) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS; AND
(V) A REQUIREMENT THAT SCHOOL DISTRICTS AWARDED GRANTS UNDER THIS
SUBDIVISION SUBMIT TO AN ANNUAL EVALUATION OF PERFORMANCE AND IMPACT AS
REQUIRED BY THE COMMISSIONER.
(2) IN ASSESSING PROPOSAL QUALITY IN ORDER TO AWARD IMPLEMENTATION
GRANT FUNDING, THE COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS INCLUD-
ING, BUT NOT LIMITED TO:
(I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSAL WOULD MAXIMIZE
THE USE OF THE ADDITIONAL LEARNING TIME THROUGH A COMPREHENSIVE RESTRUC-
TURING OF THE SCHOOL DAY AND/OR YEAR; AND
(II) HOW THE ADDITIONAL LEARNING TIME WOULD BE UTILIZED, INCLUDING BUT
NOT LIMITED TO ADDITIONAL TIME SPENT ON CORE ACADEMICS.
B. A SCHOOL DISTRICT'S SCHOOL-WIDE EXTENDED LEARNING IMPLEMENTATION
GRANT AWARD SHALL EQUAL ITS AVERAGE DAILY ATTENDANCE IN THE SCHOOL-WIDE
EXTENDED LEARNING PROGRAM MULTIPLIED BY THE EXPECTED COST PER PUPIL OF
THE ADDITIONAL LEARNING TIME. FOR PURPOSES OF THIS SUBDIVISION, THE
EXPECTED COST PER PUPIL OF THE ADDITIONAL LEARNING TIME SHALL EQUAL THE
GREATER OF FIFTEEN HUNDRED DOLLARS OR (1) THE QUOTIENT OF (I) THE SCHOOL
DISTRICT'S APPROVED OPERATING EXPENSE PURSUANT TO PARAGRAPH T OF SUBDI-
VISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR THE
YEAR PRIOR TO THE BASE YEAR DIVIDED BY (II) THE DISTRICT'S PUBLIC SCHOOL
DISTRICT ENROLLMENT PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUCH
SUBDIVISION FOR THE YEAR PRIOR TO THE BASE YEAR MULTIPLIED BY (2) TEN
PERCENT (0.10), MULTIPLIED BY (3) THE QUOTIENT OF (I) THE AVERAGE OF THE
NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE UNITED STATES DEPART-
MENT OF LABOR FOR THE TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE
BASE YEAR, DIVIDED BY (II) THE AVERAGE OF THE NATIONAL CONSUMER PRICE
INDEXES DETERMINED BY THE UNITED STATES DEPARTMENT OF LABOR FOR THE
TWELVE MONTH PERIOD PRECEDING JANUARY FIRST OF THE YEAR TWO YEARS PRIOR
TO THE BASE YEAR.
C. IN EXTRAORDINARY CASES, THE COMMISSIONER MAY AWARD A GRANT THAT
EXCEEDS THE PER PUPIL LIMIT CALCULATED PURSUANT TO PARAGRAPH B OF THIS
SUBDIVISION.
D. NO DISTRICT SHALL RECEIVE A GRANT IN EXCESS OF THE TOTAL ACTUAL
GRANT EXPENDITURES INCURRED BY THE DISTRICT IN THE CURRENT YEAR AS
APPROVED BY THE COMMISSIONER.
E. NO SINGLE DISTRICT MAY BE AWARDED MORE THAN FORTY PERCENT OF THE
TOTAL AMOUNT OF GRANT AWARDS MADE PURSUANT TO THIS SUBDIVISION.
S 18. Paragraph b of subdivision 2 of section 4204 of the education
law, as amended by section 12-a of part A of chapter 57 of the laws of
2012, is amended to read as follows:
b. For the two thousand thirteen--two thousand fourteen school year
and thereafter, the costs of tuition as defined in section forty-two
hundred eleven of this article, INCLUDING TUITION, MAINTENANCE AND
TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, shall be a charge upon the current school district of residence
of any such child subject to this article and the directors of the
institution shall bill such school district for such tuition costs on a
quarterly basis. The first such quarterly payment may be based on
projected enrollment, provided that subsequent payments shall be
S. 2607--A 17 A. 3007--A
adjusted to reflect actual enrollment. The amount of tuition paid by
such school district shall be eligible for reimbursement by the state to
the extent provided in section forty-two hundred four-b of this article.
S 19. Subdivision 4 of section 4204-b of the education law, as amended
by section 12-b of part A of chapter 57 of the laws of 2012, is amended
to read as follows:
4. [The] FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL
YEAR AND PRIOR SCHOOL YEARS, THE state shall reimburse the school
district of which any such child is resident at the time of admission or
readmission to any of the institutions subject to this article for
tuition paid to the institution FOR THE TEN-MONTH SCHOOL CALENDAR FROM
SEPTEMBER FIRST THROUGH JUNE THIRTIETH in an amount equal to the posi-
tive difference between the amount of such tuition and the school
district basic contribution. IN ACCORDANCE WITH THE PROVISIONS OF
SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE, FOR THE TWO THOUSAND
THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THEREAFTER, THE STATE
SHALL ALSO REIMBURSE THE CURRENT SCHOOL DISTRICT OF RESIDENCE OF ANY
CHILD IN ANY OF THE INSTITUTIONS SUBJECT TO THIS ARTICLE FOR APPROVED
TUITION, MAINTENANCE AND TRANSPORTATION PAID TO THE INSTITUTION FOR
ENROLLMENT IN SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, IN AN AMOUNT EQUAL TO EIGHTY PERCENT OF THE APPROVED TUITION
RATE PURSUANT TO SECTION FORTY-FOUR HUNDRED EIGHT OF THIS TITLE. Such
state reimbursement to the school district shall not be paid prior to
April first of the school year in which such tuition costs are paid by
the school district. The tuition incurred through December thirty-first
of such school year, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL PROGRAMS IN JULY AND AUGUST PURSUANT TO SECTION
FORTY-FOUR HUNDRED EIGHT OF THIS TITLE, shall be payable prior to June
thirtieth of such school year, provided that a claim is submitted on or
before June first.
S 20. Paragraph b of subdivision 2 of section 4207 of the education
law, as amended by section 12-c of part A of chapter 57 of the laws of
2012, is amended to read as follows:
b. For the two thousand thirteen--two thousand fourteen school year
and thereafter, the costs of tuition as defined in section forty-two
hundred eleven of this article, INCLUDING TUITION, MAINTENANCE AND
TRANSPORTATION FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND
AUGUST, shall be a charge upon the current school district of residence
of any such child subject to this article and the directors of the
institution shall bill such school district for such tuition costs on a
quarterly basis. The first such quarterly payment may be based on
projected enrollment, provided that subsequent payments shall be
adjusted to reflect actual enrollment. The amount of tuition paid by
such school district, INCLUDING TUITION, MAINTENANCE AND TRANSPORTATION
FOR SUMMER SCHOOL SPECIAL EDUCATION PROGRAMS IN JULY AND AUGUST, shall
be eligible for reimbursement by the state to the extent provided in
section forty-two hundred four-b of this article.
S 21. Subdivision 6 of section 4402 of the education law, as amended
by section 12 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
6. Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be permitted
to establish maximum class sizes for special classes for certain
students with disabilities in accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
S. 2607--A 18 A. 3007--A
impact from under-utilization of special education resources due to low
student attendance in special education classes at the middle and
secondary level as determined by the commissioner, such boards of educa-
tion shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [thirteen] FOURTEEN of the
[two thousand twelve--two thousand thirteen] TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN school year, be authorized to increase class sizes in
special classes containing students with disabilities whose age ranges
are equivalent to those of students in middle and secondary schools as
defined by the commissioner for purposes of this section by up to but
not to exceed one and two tenths times the applicable maximum class size
specified in regulations of the commissioner rounded up to the nearest
whole number, provided that in a city school district having a popu-
lation of one million or more, classes that have a maximum class size of
fifteen may be increased by no more than one student and provided that
the projected average class size shall not exceed the maximum specified
in the applicable regulation, provided that such authorization shall
terminate on June thirtieth, two thousand. Such authorization shall be
granted upon filing of a notice by such a board of education with the
commissioner stating the board's intention to increase such class sizes
and a certification that the board will conduct a study of attendance
problems at the secondary level and will implement a corrective action
plan to increase the rate of attendance of students in such classes to
at least the rate for students attending regular education classes in
secondary schools of the district. Such corrective action plan shall be
submitted for approval by the commissioner by a date during the school
year in which such board increases class sizes as provided pursuant to
this subdivision to be prescribed by the commissioner. Upon at least
thirty days notice to the board of education, after conclusion of the
school year in which such board increases class sizes as provided pursu-
ant to this subdivision, the commissioner shall be authorized to termi-
nate such authorization upon a finding that the board has failed to
develop or implement an approved corrective action plan.
S 22. The education law is amended by adding a new section 4403-a to
read as follows:
S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH
DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC
SCHOOL YEAR. SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER
THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP
WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,
AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH
PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL
SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND
PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL
S. 2607--A 19 A. 3007--A
INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT
TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM
SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL
REQUIREMENTS, AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI-
NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR
WHICH A WAIVER IS GRANTED.
S 23. Paragraph a of subdivision 10 of section 4410 of the education
law is amended by adding a new subparagraph (iv) to read as follows:
(IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR
THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR AND THERE-
AFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTABLISH LOCAL
TUITION RATES FOR APPROVED SERVICES OR PROGRAMS LOCATED WITHIN THE CITY
OF NEW YORK THROUGH A COMPETITIVE REQUEST FOR PROPOSALS PROCESS OR
OTHERWISE, PROVIDED THAT SUCH LOCAL TUITION RATES SHALL NOT EXCEED THE
TUITION RATES DETERMINED BY THE COMMISSIONER AND APPROVED BY THE DIREC-
TOR 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 PROVID-
ERS PROVIDING SERVICES OR PROGRAMS WITHIN THE CITY OF NEW YORK PURSUANT
TO THIS SECTION FOR THE PROVISION OF PROGRAMS AND SERVICES FOR WHICH
SUCH RATES WERE ESTABLISHED. NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE RESPONSIBLE FOR
ARRANGING FOR AND SELECTING THE APPROVED PROGRAM AND/OR RELATED SERVICE
PROVIDER THROUGH THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS OR OTHER-
WISE TO DELIVER THE PROGRAMS OR 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 TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR. THE CITY OF NEW YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO THE LOCALLY ESTABLISHED
TUITION RATES TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE
COMMISSIONER.
S 24. Subparagraph (ii) of paragraph c of subdivision 11 of section
4410 of the education law, as amended by chapter 205 of the laws of
2009, is amended to read as follows:
(ii) Payments made pursuant to this section by a municipality shall,
upon conclusion of the July first to June thirtieth school year for
which such payment was made, be subject to audit against the actual
difference between such audited expenditures and revenues. The munici-
pality shall submit the results of any such audit to the commissioner
S. 2607--A 20 A. 3007--A
and the commissioner of social services, if appropriate, for review and,
if warranted, adjustment of the tuition and/or maintenance rates. The
municipality is authorized to recover overpayments made to a provider of
special services or programs pursuant to this section as determined by
the commissioner or the commissioner of health based upon their adjust-
ment of a tuition and/or maintenance rate, PROVIDED THAT FOR PURPOSES OF
MAKING SUCH ADJUSTMENT AND RECOVERY, THE MUNICIPALITY SHALL BE DEEMED TO
HAVE PAID SEVENTY-FIVE PERCENT OF THE DISALLOWED COSTS. Such recovery
may be accomplished by withholding such amount from any moneys due the
provider in the current year, or by direct reimbursement.
S 25. Intentionally omitted.
S 26. Section 7 of chapter 472 of the laws of 1998 amending the educa-
tion law relating to the lease of school buses by school districts, as
amended by section 71 of part A of chapter 58 of the laws of 2011, is
amended to read as follows:
S 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2013] 2015.
S 27. Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by section
13 of part A of chapter 57 of the laws of 2012, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2009-10 school year shall not exceed 64.1
percent of the lesser of such approvable costs per contact hour or elev-
en dollars and fifty cents per contact hour, reimbursement] for the
2010--2011 school year shall not exceed 62.6 percent of the lesser of
such approvable costs per contact hour or twelve dollars and five cents
per contact hour, reimbursement for the 2011--2012 school year shall not
exceed 62.9 percent of the lesser of such approvable costs per contact
hour or twelve dollars and fifteen cents per contact hour, [and]
reimbursement for the 2012--2013 school year shall not exceed 63.3
percent of the lesser of such approvable costs per contact hour or
twelve dollars and thirty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2013--2014 SCHOOL YEAR SHALL NOT EXCEED 62.2 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR TWELVE DOLLARS AND
FIFTY CENTS PER CONTACT HOUR, where a contact hour represents sixty
minutes of instruction services provided to an eligible adult. Notwith-
standing any other provision of law to the contrary, [for the 2009-10
school year such contact hours shall not exceed one million seven
hundred sixty--three thousand nine hundred seven (1,763,907) hours;
whereas] for the 2010--2011 school year such contact hours shall not
exceed one million five hundred twenty-five thousand one hundred nine-
ty-eight (1,525,198) hours; whereas for the 2011--2012 school year such
contact hours shall not exceed one million seven hundred one thousand
five hundred seventy (1,701,570) hours; whereas for the 2012--2013
school year such contact hours shall not exceed one million six hundred
sixty-four thousand five hundred thirty-two (1,664,532) hours; WHEREAS
FOR THE 2013--2014 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE
MILLION FOUR HUNDRED EIGHTY THOUSAND AND FIFTY-ONE (1,480,051) HOURS.
Notwithstanding any other provision of law to the contrary, the appor-
tionment calculated for the city school district of the city of New York
pursuant to subdivision 11 of section 3602 of the education law shall be
computed as if such contact hours provided by the consortium for worker
education, not to exceed the contact hours set forth herein, were eligi-
S. 2607--A 21 A. 3007--A
ble for aid in accordance with the provisions of such subdivision 11 of
section 3602 of the education law.
S 28. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a new subdivi-
sion r to read as follows:
R. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2013--2014 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS
($11,500,000).
S 29. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the consortium for
worker education in New York city, as amended by section 15 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2013] 2014.
S 30. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 17 of part A of chapter 57 of the laws of 2012, is amended to
read as follows:
1. Sections one through seventy of this act shall be deemed to have
been in full force and effect as of April 1, 1994 provided, however,
that sections one, two, twenty-four, twenty-five and twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to September 1, 1994, and provided
further that section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this act shall expire and be
deemed repealed on March 31, [2014] 2015.
S 31. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws relating to
state aid to school districts and the appropriation of funds for the
support of government, as amended by section 18 of part A of chapter 57
of the laws of 2012, are amended to read as follows:
(22) sections one hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2013] 2014 at which time it shall be deemed repealed;
(24) sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on and after
July 1, 1995; provided further, however, that the amendments made pursu-
ant to section one hundred nineteen of this act shall be deemed to be
repealed on and after July 1, [2013] 2014;
S 32. Section 12 of chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment of school district,
S. 2607--A 22 A. 3007--A
charter school or BOCES employees, as amended by section 20 of part A of
chapter 57 of the laws of 2012, is amended to read as follows:
S 12. This act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2013] 2014 when
upon such date the provisions of this act shall be deemed repealed.
S 33. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 21 of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
S 4. This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2013] 2014.
S 34. Section 5 of chapter 101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 22 of part A of chapter 57 of the laws of
2012, is amended to read as follows:
S 5. This act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be deemed repealed on
June 30, [2013] 2014.
S 35. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid payable in
the 2013--2014 school year, the commissioner of education shall allocate
school bus driver training grants to school districts and boards of
cooperative education services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes of this section. Such
payments shall not exceed four hundred thousand dollars ($400,000) per
school year.
S 36. Support of public libraries. The moneys appropriated for the
support of public libraries by the chapter of the laws of 2013 enacting
the aid to localities budget shall be apportioned for the 2013--2014
state fiscal year in accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the education law as amended by the
provisions of this chapter and the provisions of this act, provided that
library construction aid pursuant to section 273-a of the education law
shall not be payable from the appropriations for the support of public
libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
Notwithstanding any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2013--2014
by a chapter of the laws of 2013 enacting the aid to localities budget
shall fulfill the state's obligation to provide such aid and, pursuant
to a plan developed by the commissioner of education and approved by the
director of the budget, the aid payable to libraries and library systems
pursuant to such appropriations shall be reduced proportionately to
assure that the total amount of aid payable does not exceed the total
appropriations for such purpose.
S 37. Special apportionment for salary expenses. a. Notwithstanding
any other provision of law, upon application to the commissioner of
education, not sooner than the first day of the second full business
week of June, 2014 and not later than the last day of the third full
business week of June, 2014, a school district eligible for an appor-
S. 2607--A 23 A. 3007--A
tionment pursuant to section 3602 of the education law shall be eligible
to receive an apportionment pursuant to this section, for the school
year ending June 30, 2014, for salary expenses incurred between April 1
and June 30, 2014 and such apportionment shall not exceed the sum of (i)
the deficit reduction assessment of 1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision 1 of
section 3602 of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city school district in a
city with a population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city with a
population of more than 195,000 inhabitants and less than 219,000 inhab-
itants according to the latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of education pursuant to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by the commis-
sioner of education pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such apportionment shall not
exceed such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city with
a population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 38. Special apportionment for public pension accruals. a. Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2014, a school district eligi-
S. 2607--A 24 A. 3007--A
ble for an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2014 and such apportionment shall
not exceed the additional accruals required to be made by school
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 39. a. Notwithstanding any other law, rule or regulation to the
contrary, any moneys appropriated to the state education department may
be suballocated to other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
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
S. 2607--A 25 A. 3007--A
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
d. Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department for general
support for public schools may be interchanged with any other item of
appropriation for general support for public schools within the general
fund local assistance account office of prekindergarten through grade
twelve education programs.
S 40. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
such board for the 2013--2014 school year, as a non-component school
district, services required by article 19 of the education law.
S 41. The amounts specified in this section shall be a setaside from
the state funds which each such district is receiving from the total
foundation aid:
a. for the purpose of the development, maintenance or expansion of
magnet schools or magnet school programs for the 2013--2014 school year.
To the city school district of the city of New York there shall be paid
forty-eight million one hundred seventy-five thousand dollars
($48,175,000) including five hundred thousand dollars ($500,000) for the
Andrew Jackson High School; to the Buffalo city school district, twen-
ty-one million twenty-five thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million dollars ($15,000,000);
to the Syracuse city school district, thirteen million dollars
($13,000,000); to the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district, four million six hundred forty-five thousand dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two million dollars ($2,000,000); to the New
Rochelle city school district, one million four hundred ten thousand
dollars ($1,410,000); to the Schenectady city school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one hundred fifty thousand dollars
($1,150,000); to the White Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars ($600,000); to the Albany city school
district, three million five hundred fifty thousand dollars
($3,550,000); to the Utica city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the Middletown city school district,
four hundred thousand dollars ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh central school district, three hundred thousand dollars
($300,000); to the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the Peekskill city school district, two
hundred thousand dollars ($200,000); and to the Hudson city school
district, four hundred thousand dollars ($400,000).
b. notwithstanding the provisions of subdivision a of this section, a
school district receiving a grant pursuant to this section may use such
grant funds for: (i) any instructional or instructional support costs
associated with the operation of a magnet school; or (ii) any instruc-
tional or instructional support costs associated with implementation of
S. 2607--A 26 A. 3007--A
an alternative approach to reduction of racial isolation and/or enhance-
ment of the instructional program and raising of standards in elementary
and secondary schools of school districts having substantial concen-
trations of minority students. The commissioner of education shall not
be authorized to withhold magnet grant funds from a school district that
used such funds in accordance with this paragraph, notwithstanding any
inconsistency with a request for proposals issued by such commissioner.
c. for the purpose of attendance improvement and dropout prevention
for the 2013--2014 school year, for any city school district in a city
having a population of more than one million, the setaside for attend-
ance improvement and dropout prevention shall equal the amount set aside
in the base year. For the 2013--2014 school year, it is further provided
that any city school district in a city having a population of more than
one million shall allocate at least one-third of any increase from base
year levels in funds set aside pursuant to the requirements of this
subdivision to community-based organizations. Any increase required
pursuant to this subdivision to community-based organizations must be in
addition to allocations provided to community-based organizations in the
base year.
d. for the purpose of teacher support for the 2013--2014 school year:
to the city school district of the city of New York, sixty-two million
seven hundred seven thousand dollars ($62,707,000); to the Buffalo city
school district, one million seven hundred forty-one thousand dollars
($1,741,000); to the Rochester city school district, one million seven-
ty-six thousand dollars ($1,076,000); to the Yonkers city school
district, one million one hundred forty-seven thousand dollars
($1,147,000); and to the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to a school
district pursuant to this subdivision shall be distributed among teach-
ers including prekindergarten teachers and teachers of adult vocational
and academic subjects in accordance with this subdivision and shall be
in addition to salaries heretofore or hereafter negotiated or made
available; provided, however, that all funds distributed pursuant to
this section for the current year shall be deemed to incorporate all
funds distributed pursuant to former subdivision 27 of section 3602 of
the education law for prior years. In school districts where the teach-
ers are represented by certified or recognized employee organizations,
all salary increases funded pursuant to this section shall be determined
by separate collective negotiations conducted pursuant to the provisions
and procedures of article 14 of the civil service law, notwithstanding
the existence of a negotiated agreement between a school district and a
certified or recognized employee organization.
S 42. 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 43. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2013, provided,
however, that:
S. 2607--A 27 A. 3007--A
1. Sections five and six of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after July
1, 2010; provided, further, that the amendments to subdivision 1 of
section 2856 of the education law made by section five of this act shall
be subject to the expiration and reversion of such subdivision pursuant
to section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section six of this act shall take effect;
2. Section nine of this act shall take effect July 1, 2014;
3. Sections one, eleven, twelve, thirteen, fourteen, fifteen, eigh-
teen, nineteen, twenty, twenty-one, twenty-seven, twenty-eight, thirty-
five and forty-one of this act shall take effect July 1, 2013;
4. The amendments to subdivision 6 of section 4402 of the education
law made by section twenty-one of this act shall not affect the repeal
of such subdivision and shall be deemed repealed therewith;
5. The amendments to subdivision 10 of section 4410 of the education
law, made by section twenty-three of this act shall take effect April 1,
2013 and shall first apply to the provision of services and programs
pursuant to section 4410 of the education law in the 2013--2014 school
year;
6. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city, made by sections twenty-seven and
twenty-eight of this act shall not affect the repeal of such chapter and
shall be deemed repealed therewith; and
7. Section thirty-nine of this act shall expire and be deemed repealed
June 30, 2014.
PART B
Section 1. Section 350 of the education law is amended by adding four
new subdivisions 10, 11, 12 and 13 to read as follows:
10. "DORMITORY FACILITIES REVENUE FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES
LAW.
11. "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
12. "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THE PUBLIC AUTHORITIES LAW.
13. "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR BOND OF THE
DORMITORY AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO
THOUSAND THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR
REFINANCING NOTES OR BONDS PREVIOUSLY ISSUED IN CONNECTION WITH DORMITO-
RY FACILITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS OR NOTES, TO FUND ANY
RESERVE ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPER-
ATIONS OF DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF
ANY NOTE OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS
PAYABLE FROM MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND
AND IS NOT PAYABLE FROM ANY REVENUE OF THE STATE.
S 2. Subdivision 2 of section 355 of the education law is amended by
adding a new paragraph y to read as follows:
Y. TO BETTER SECURE DORMITORY AUTHORITY BONDS ISSUED IN CONNECTION
WITH DORMITORY FACILITIES, INCLUDING DORMITORY FACILITY REVENUE BONDS,
S. 2607--A 28 A. 3007--A
THE STATE UNIVERSITY OF NEW YORK IS HEREBY AUTHORIZED, IN ITS OWN NAME,
TO ASSIGN OR OTHERWISE TRANSFER TO THE DORMITORY AUTHORITY ANY OR ALL OF
THE STATE UNIVERSITY'S RIGHTS, TITLE AND INTEREST IN AND TO THE DORMITO-
RY FACILITY REVENUES, AND TO ENTER INTO AGREEMENTS WITH THE DORMITORY
AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED EIGHT-
Y-Q OF THE PUBLIC AUTHORITIES LAW IN FURTHERANCE OF SUCH ASSIGNMENT OR
TRANSFER. ANY ASSIGNMENT OR TRANSFER MADE PURSUANT TO THIS PARAGRAPH
SHALL CONSTITUTE A TRUE SALE AND ABSOLUTE TRANSFER OF THE DORMITORY
FACILITIES REVENUES. THE CHARACTERIZATION OF SUCH ASSIGNMENT OR TRANSFER
SHALL NOT BE NEGATED OR ADVERSELY AFFECTED BY THE RETENTION BY THE STATE
UNIVERSITY OF NEW YORK OF ANY OWNERSHIP INTEREST IN THE DORMITORY FACIL-
ITIES REVENUES OR OF ANY RESIDUAL RIGHT TO PAYMENT OF ANY DORMITORY
FACILITY REVENUES REMAINING IN THE DORMITORY FACILITIES REVENUE FUND
AFTER THE MONEYS THEREIN HAVE BEEN APPLIED IN ACCORDANCE WITH PARAGRAPH
(B) OF SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE
PUBLIC AUTHORITIES LAW. ALL RIGHTS, TITLE AND INTEREST IN AND TO ANY
MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY OF NEW YORK
PURSUANT TO ANY AGREEMENT BY AND BETWEEN THE DORMITORY AUTHORITY AND THE
STATE UNIVERSITY OF NEW YORK ENTERED INTO PURSUANT TO SUBDIVISION TWO OF
SECTION SIXTEEN HUNDRED EIGHTY-Q OF THE PUBLIC AUTHORITIES LAW OR PURSU-
ANT TO ANY AGREEMENT ENTERED INTO PURSUANT TO PARAGRAPH J OF SUBDIVISION
TWO OF SECTION SIXTEEN HUNDRED EIGHTY OF THE PUBLIC AUTHORITIES LAW
SHALL VEST IN THE STATE UNIVERSITY OF NEW YORK AND BE THE ABSOLUTE PROP-
ERTY OF THE STATE UNIVERSITY OF NEW YORK, AND THE DORMITORY AUTHORITY
SHALL NO LONGER HAVE ANY INTEREST IN SUCH MONEYS.
S 3. Subdivision 8 of section 355 of the education law, as amended by
chapter 553 of the laws of 1985, is amended to read as follows:
8. [All] EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL moneys received by
the state university of New York and by state-operated institutions
thereof from appropriations, tuition, fees, user charges, sales of
products and services and from all other sources, including sources and
activities of the state university which are intended by law to be self-
supporting may be credited to an appropriate fund or funds to be desig-
nated by the state comptroller. The amounts so paid into such fund or
funds which were received by or for the state university shall be used
for expenses of the state university in carrying out any of its objects
and purposes and such amounts received by or for state-operated insti-
tutions of the state university shall be used for expenses of the state
university under regulations prescribed by the state university trus-
tees. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SUBDIVISION, ALL
DORMITORY FACILITIES REVENUES TRANSFERRED TO THE DORMITORY AUTHORITY BY
ASSIGNMENT OR OTHERWISE PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF
THIS SECTION SHALL UPON RECEIPT BY THE STATE UNIVERSITY ACTING AS AGENT
FOR THE DORMITORY AUTHORITY BE TRANSFERRED AND IMMEDIATELY PAID WITHOUT
APPROPRIATION THEREOF TO THE COMMISSIONER OF TAXATION AND FINANCE PURSU-
ANT TO SUBDIVISION FOUR OF SECTION FOUR OF THE STATE FINANCE LAW FOR
DEPOSIT TO THE DORMITORY FACILITIES REVENUE FUND.
S 4. The public authorities law is amended by adding a new section
1680-q to read as follows:
S 1680-Q. STATE UNIVERSITY OF NEW YORK DORMITORY FACILITIES. 1. AS
USED IN OR REFERRED TO IN THIS SECTION, UNLESS A DIFFERENT MEANING
APPEARS FROM THE CONTEXT, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
RESPECTIVE MEANINGS:
(A) "AGREEMENT" MEANS AN AGREEMENT BY AND BETWEEN THE AUTHORITY AND
THE STATE UNIVERSITY ENTERED INTO PURSUANT TO THIS SECTION.
S. 2607--A 29 A. 3007--A
(B) "DORMITORY FACILITIES REVENUE FUND" MEANS THE FUND ESTABLISHED
PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
(C) "DORMITORY FACILITIES REVENUES" MEANS ALL MONEYS, INCLUDING RENTS,
FEES AND CHARGES, DERIVED FROM THE USE OR OCCUPANCY OF DORMITORY FACILI-
TIES.
(D) "DORMITORY FACILITY" MEANS A DORMITORY, AS SUCH TERM IS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTEEN HUNDRED SEVENTY-SIX
OF THIS TITLE.
(E) "DORMITORY FACILITY REVENUE BOND" MEANS ANY NOTE OR BOND OF THE
AUTHORITY (I) ISSUED ON OR AFTER THE FIRST DAY OF APRIL, TWO THOUSAND
THIRTEEN FOR THE PURPOSES OF FINANCING DORMITORY FACILITIES OR REFINANC-
ING NOTES OR BONDS ISSUED PREVIOUSLY IN CONNECTION WITH DORMITORY FACIL-
ITIES, INCLUDING NOTES OR BONDS ISSUED TO PAY COSTS INCURRED IN
CONNECTION WITH THE ISSUANCE OF SUCH NOTES OR BONDS, TO FUND ANY RESERVE
FOR THE PAYMENT OF DEBT SERVICE ON SUCH BONDS, TO FUND ANY RESERVE
ESTABLISHED FOR THE IMPROVEMENT, REPAIR, MAINTENANCE OR OPERATIONS OF
DORMITORY FACILITIES, OR TO PAY OR PROVIDE FOR THE PAYMENT OF ANY NOTE
OR BOND PREVIOUSLY ISSUED FOR ANY SUCH PURPOSE, AND (II) IS PAYABLE FROM
MONEYS ON DEPOSIT IN THE DORMITORY FACILITIES REVENUE FUND.
(F) "PRIOR DORMITORY FACILITY BOND" MEANS ANY NOTE OR BOND OF THE
AUTHORITY ISSUED PRIOR TO APRIL FIRST, TWO THOUSAND THIRTEEN IN
CONNECTION WITH DORMITORY FACILITIES.
(G) "STATE UNIVERSITY" MEANS THE STATE UNIVERSITY OF NEW YORK, A
CORPORATION WITHIN THE STATE EDUCATION DEPARTMENT AND WITHIN THE UNIVER-
SITY OF THE STATE OF NEW YORK CREATED BY SECTION THREE HUNDRED FIFTY-TWO
OF THE EDUCATION LAW.
2. THE AUTHORITY MAY, FROM AND AFTER APRIL FIRST, TWO THOUSAND THIR-
TEEN, ISSUE DORMITORY FACILITY REVENUE BONDS IN AN AMOUNT NOT TO EXCEED
NINE HUNDRED FORTY-FOUR MILLION DOLLARS. SUCH AMOUNT SHALL BE EXCLUSIVE
OF BONDS AND NOTES ISSUED TO FUND ANY RESERVE FUND OR FUNDS, COST OF
ISSUANCE, ORIGINAL ISSUE PREMIUM, AND TO REFUND ANY PRIOR DORMITORY
FACILITY BONDS OR ANY DORMITORY FACILITY REVENUE BONDS. THE AUTHORITY
AND THE STATE UNIVERSITY ARE HEREBY AUTHORIZED TO ENTER INTO AGREEMENTS
RELATING TO, AMONG OTHER THINGS, THE ACQUISITION OF PROPERTY OR INTER-
ESTS THEREIN, THE CONSTRUCTION, RECONSTRUCTION, REHABILITATION, IMPROVE-
MENT, EQUIPPING AND FURNISHING OF DORMITORY FACILITIES, THE OPERATION
AND MAINTENANCE OF DORMITORY FACILITIES, AND THE BILLING, COLLECTION AND
DISBURSEMENT OF DORMITORY FACILITIES REVENUES, THE TITLE TO WHICH HAS
BEEN CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE AUTHORITY PURSU-
ANT TO PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW. NO DEBT SHALL BE CONTRACTED EXCEPT TO
FINANCE CAPITAL WORKS OR PURPOSES. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, DORMITORY FACILITY REVENUES SHALL NOT BE DEEMED TO BE REVENUES
OF THE STATE. THE STATE SHALL NOT BE LIABLE FOR ANY PAYMENTS ON ANY
DORMITORY FACILITY REVENUE BONDS, AND SUCH BONDS SHALL NOT BE A DEBT OF
THE STATE.
3. (A) THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMMISSIONER
OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE DORMITORY
FACILITIES REVENUE FUND. SUCH FUND SHALL CONSIST OF ALL DORMITORY FACIL-
ITIES REVENUES CONVEYED, ASSIGNED OR OTHERWISE TRANSFERRED TO THE
AUTHORITY PURSUANT TO PARAGRAPH Y OF SUBDIVISION TWO OF SECTION THREE
HUNDRED FIFTY-FIVE OF THE EDUCATION LAW, WHICH UPON RECEIPT BY THE
COMMISSIONER OF TAXATION AND FINANCE SHALL BE DEPOSITED IN SUCH FUND AND
HELD BY THE COMMISSIONER OF TAXATION AND FINANCE PURSUANT TO SUBDIVISION
FOUR OF SECTION FOUR OF THE STATE FINANCE LAW. THE MONEYS IN THE FUND
SHALL BE THE SOLE AND EXCLUSIVE PROPERTY OF THE AUTHORITY. THE MONEYS
S. 2607--A 30 A. 3007--A
HELD IN THE FUND SHALL BE HELD SEPARATE AND APART FROM AND NOT COMMIN-
GLED WITH ANY MONEYS OF THE STATE OR ANY OTHER MONEYS IN THE CUSTODY OF
THE COMMISSIONER OF TAXATION AND FINANCE. ALL DEPOSITS OF MONEYS SHALL,
IF REQUIRED BY THE COMMISSIONER OF TAXATION AND FINANCE, BE SECURED BY
OBLIGATIONS OF THE UNITED STATES OF AMERICA OR OF THE STATE HAVING A
MARKET VALUE EQUAL AT ALL TIMES TO THE AMOUNT OF SUCH DEPOSITS AND ALL
BANKS AND TRUST COMPANIES ARE AUTHORIZED TO GIVE SECURITY FOR SUCH
DEPOSITS. ANY MONEYS IN SUCH FUND MAY, IN THE DISCRETION OF THE COMMIS-
SIONER OF TAXATION AND FINANCE, BE INVESTED IN OBLIGATIONS DESCRIBED IN
SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. THE COMMISSIONER OF TAXA-
TION AND FINANCE SHALL CERTIFY TO THE AUTHORITY AND THE STATE UNIVERSITY
NOT LATER THAN THE FIFTEENTH DAY OF EACH MONTH THE AMOUNT OF DORMITORY
FACILITIES REVENUES DEPOSITED IN THE FUND DURING THE PRECEDING CALENDAR
MONTH AND THE AMOUNT HELD IN THE FUND AS OF THE LAST DAY OF SUCH PRECED-
ING CALENDAR MONTH.
(B) DURING EACH TWELVE MONTH PERIOD COMMENCING JULY FIRST OF A CALEN-
DAR YEAR AND ENDING ON JUNE THIRTIETH OF THE SUCCEEDING CALENDAR YEAR,
THE COMMISSIONER OF TAXATION AND FINANCE SHALL PAY, WITHOUT APPROPRI-
ATION, TO OR UPON THE ORDER OF THE AUTHORITY FROM THE MONEYS IN THE FUND
THE AMOUNT CERTIFIED TO THE COMMISSIONER OF TAXATION AND FINANCE BY THE
AUTHORITY PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION. ANY MONEYS
REMAINING IN THE FUND AFTER PAYMENT TO THE AUTHORITY OF THE AMOUNT SO
CERTIFIED SHALL BE PAID BY THE COMMISSIONER OF TAXATION AND FINANCE IN
ACCORDANCE WITH THE AGREEMENT. ALL RIGHTS, TITLE AND INTEREST IN AND TO
ANY MONEYS PAID TO OR UPON THE ORDER OF THE STATE UNIVERSITY PURSUANT TO
THE AGREEMENT SHALL VEST IN THE STATE UNIVERSITY AND BE THE ABSOLUTE
PROPERTY OF THE STATE UNIVERSITY, AND THE AUTHORITY SHALL NO LONGER HAVE
ANY INTEREST IN SUCH MONEYS.
(C) THE AUTHORITY SHALL, NOT LATER THAN BY THE FIRST DAY OF JUNE OF
EACH CALENDAR YEAR, CERTIFY TO THE COMMISSIONER OF TAXATION AND FINANCE
AND TO THE STATE UNIVERSITY: (I) THE AMOUNT OF THE RENTALS, INCLUDING
THE AMOUNTS REQUIRED FOR PAYMENT OF THE PRINCIPAL OF, AND INTEREST ON
PRIOR DORMITORY FACILITY BONDS REQUIRED TO BE MADE BY THE STATE UNIVER-
SITY TO THE AUTHORITY DURING THE TWELVE MONTH PERIOD COMMENCING ON THE
SUCCEEDING JULY FIRST AND ENDING ON THE SUCCEEDING JUNE THIRTIETH PURSU-
ANT TO THE AGREEMENT BETWEEN THE AUTHORITY AND THE STATE UNIVERSITY,
DATED AS OF THE TWENTIETH DAY OF SEPTEMBER, NINETEEN HUNDRED
NINETY-FIVE, AS AMENDED AND RESTATED; (II) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE PRIOR DORMITORY FACILITY BONDS; (III) THE AMOUNT REQUIRED FOR
PAYMENT OF THE PRINCIPAL OF, WHETHER AT MATURITY OR DUE THROUGH MANDATO-
RY REDEMPTION, AND INTEREST ON DORMITORY FACILITY REVENUE BONDS PAYABLE
ON JANUARY FIRST OF SUCH TWELVE MONTH PERIOD AND ON JULY FIRST NEXT
SUCCEEDING SUCH TWELVE MONTH PERIOD; (IV) THE AMOUNT REQUIRED TO MAIN-
TAIN ANY RESERVES FOR THE REPAIR AND REPLACEMENT OF DORMITORY FACILITIES
OR THE OPERATIONS AND MAINTENANCE OF DORMITORY FACILITIES IN CONNECTION
WITH THE DORMITORY FACILITY REVENUE BONDS; (V) THE AMOUNT REQUIRED TO
RESTORE ANY RESERVE FOR THE PAYMENT OF DEBT SERVICE ON DORMITORY FACILI-
TY REVENUE BONDS TO ITS REQUIREMENT; AND (VI) THE COSTS, EXPENSES AND
OVERHEAD OF THE DORMITORY AUTHORITY TO BE INCURRED DURING SUCH TWELVE
MONTH PERIOD IN CONNECTION WITH AND REASONABLY RELATED TO DORMITORY
FACILITIES FINANCED THROUGH THE ISSUANCE OF DORMITORY FACILITY REVENUE
BONDS. EACH SUCH AMOUNT SHALL BE SEPARATELY STATED AND IDENTIFIED IN
SUCH CERTIFICATE. ANY SUCH CERTIFICATE SUBMITTED BY THE DORMITORY
AUTHORITY MAY BE AMENDED BY THE DORMITORY AUTHORITY FROM TIME TO TIME AS
S. 2607--A 31 A. 3007--A
NECESSARY TO ADJUST THE AMOUNTS SET FORTH THEREIN. THE MONEYS PAID TO
THE AUTHORITY PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE
APPLIED BY THE AUTHORITY IN THE ORDER OF PRIORITY IN WHICH THE AMOUNTS
SET FORTH IN SUCH CERTIFICATION ARE STATED IN THIS PARAGRAPH.
S 5. For the purposes of paragraphs (b) and (c) of subdivision 3 of
section 1680-q of the public authorities law, as added by section four
of this act, the dormitory authority shall, within thirty days after the
date on which this act shall become effective, make and deliver to the
commissioner of taxation and finance and the state university of New
York a certification in the form and substance required by such para-
graph (c) with respect to amounts required for the items specified ther-
ein during the period from the effective date of this act to and includ-
ing the thirtieth day of June, 2013, and, if this act shall become
effective after the first day of June, 2013, for the twelve month period
commencing the first day of July, 2013, to and including the thirtieth
day of June, 2014. No money shall be paid by the commissioner of taxa-
tion and finance out of the dormitory facility revenue fund except
unless and until such commissioner has received the certification or
certifications required by this section.
S 6. This act shall take effect immediately.
PART C
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005 amending the labor law and other laws
implementing the state fiscal plan for the 2005-2006 state fiscal year,
relating to the New York state higher education capital matching grant
program for independent colleges, as amended by section 1 of part H of
chapter 57 of the laws of 2012, is amended to read as follows:
(a) The New York state higher education capital matching grant board
is hereby created to have and exercise the powers, duties and preroga-
tives provided by the provisions of this section and any other provision
of law. The board shall remain in existence during the period of the New
York state higher education capital matching grant program from the
effective date of this section through March 31, [2013] 2014, or the
date on which the last of the funds available for grants under this
section shall have been disbursed, whichever is earlier; provided,
however, that the termination of the existence of the board shall not
affect the power and authority of the dormitory authority to perform its
obligations with respect to any bonds, notes, or other indebtedness
issued or incurred pursuant to authority granted in this section.
S 2. Paragraph (h) of subdivision 4 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education capital matching grant program
for independent colleges, as amended by section 2 of part H of chapter
57 of the laws of 2012, is amended to read as follows:
(h) [If a college did not apply for a potential grant] IN THE EVENT
THAT ANY COLLEGES DO NOT APPLY FOR HIGHER EDUCATION CAPITAL MATCHING
GRANTS by March 31, 2009, OR IN THE EVENT THEY APPLY FOR AND ARE
AWARDED, BUT DO NOT USE THE FULL AMOUNT OF SUCH GRANTS, THE UNUSED funds
associated with such [potential grant] GRANTS shall THEREAFTER be
awarded[,] TO COLLEGES on a competitive basis, [to other colleges,]
according to the priorities set forth below. [Colleges] NOTWITHSTANDING
SUBDIVISION FIVE OF THIS SECTION, ANY COLLEGE shall be eligible to apply
for [unutilized grants] SUCH UNUSED FUNDS IN RESPONSE TO A REQUEST FOR
S. 2607--A 32 A. 3007--A
PROPOSALS FOR A HIGHER EDUCATION CAPITAL MATCHING GRANT PURSUANT TO THIS
PARAGRAPH. In such cases, the following priorities shall apply: first,
priority shall be given to otherwise eligible colleges that either were,
or would have been, deemed ineligible for the program prior to March 31,
2009, due to missed deadlines, insufficient matching funds, lack of
accreditation or other disqualifying reasons; and second, after the
board has acted upon all such first-priority applications for unused
funds, if any such funds remain, those funds shall be available for
distribution to eligible colleges [that are located within the same
Regents of the State of New York region for which such funds were
originally allocated]. THE UNUSED FUNDS ASSOCIATED WITH HIGHER EDUCA-
TION CAPITAL MATCHING GRANTS THAT WERE AVAILABLE IN THE FIRST INSTANCE
TO COLLEGES AND UNIVERSITIES LOCATED IN THE COUNTIES OF NASSAU, SUFFOLK
AND IN THE CITY OF NEW YORK, SHALL BE AWARDED PURSUANT TO THIS PARAGRAPH
TO COLLEGES IN THE COUNTIES OF NASSAU AND SUFFOLK AND THE CITY OF NEW
YORK, AND THE UNUSED FUNDS ASSOCIATED WITH SUCH GRANTS THAT WERE AVAIL-
ABLE IN THE FIRST INSTANCE TO COLLEGES OUTSIDE THE COUNTIES OF NASSAU,
SUFFOLK AND THE CITY OF NEW YORK SHALL BE AWARDED PURSUANT TO THIS PARA-
GRAPH TO COLLEGES LOCATED OUTSIDE THE COUNTIES OF NASSAU, SUFFOLK AND
THE CITY OF NEW YORK. The dormitory authority shall develop a request
for proposals and application process, in consultation with the board,
for [such] HIGHER EDUCATION CAPITAL MATCHING grants AWARDED PURSUANT TO
THIS PARAGRAPH, and shall develop criteria, subject to review by the
board, for the awarding of such grants. Such criteria shall [incorpo-
rate] INCLUDE, BUT NOT BE LIMITED TO the matching criteria contained in
paragraph (c) of this subdivision, and the application criteria set
forth in paragraph (e) of this subdivision. The dormitory authority
shall require all applications in response to the request for proposals
to be submitted by September 1, [2012] 2013, and the board shall act on
each application for such matching grants by November 1, [2012] 2013.
S 3. Subclause (A) of clause (ii) of paragraph (j) of subdivision 4 of
section 1 of part U of chapter 57 of the laws of 2005 amending the labor
law and other laws implementing the state fiscal plan for the 2005-2006
state fiscal year, relating to the New York state higher education capi-
tal matching grant program for independent colleges, as amended by
section 3 of part H of chapter 57 of the laws of 2012, is amended to
read as follows:
(A) Notwithstanding the provision of any general or special law to the
contrary, and subject to the provisions of chapter 59 of the laws of
2000 and to the making of annual appropriations therefor by the legisla-
ture, in order to assist the dormitory authority in providing such high-
er education capital matching grants, the director of the budget is
authorized in any state fiscal year commencing April 1, 2005 or any
state fiscal year thereafter for a period ending on March 31, [2014]
2015, to enter into one or more service contracts, none of which shall
exceed 30 years in duration, with the dormitory authority, upon such
terms as the director of the budget and the dormitory authority agree.
S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005 amending the labor law and other laws implement-
ing the state fiscal plan for the 2005-2006 state fiscal year, relating
to the New York state higher education matching capital grant program
for independent colleges, as amended by section 4 of part H of chapter
57 of the laws of 2012, is amended to read as follows:
(b) Any eligible institution receiving a grant pursuant to this arti-
cle shall report to the dormitory authority no later than June 1, [2013]
2014, on the use of funding received and its programmatic and economic
S. 2607--A 33 A. 3007--A
impact. The dormitory authority shall submit a report no later than
November 1, [2013] 2014 to the board, the governor, the director of the
budget, the temporary president of the senate, and the speaker of the
assembly on the aggregate impact of the higher education matching capi-
tal grant program. Such report shall provide information on the progress
and economic impact of such project.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013.
PART D
Section 1. Subdivision 1 of section 6304 of the education law is
amended by adding two new paragraphs b-1 and b-2 to read as follows:
B-1. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE
COMMUNITY COLLEGE FISCAL YEAR TWO THOUSAND THIRTEEN--TWO THOUSAND FOUR-
TEEN AND THEREAFTER, ENROLLMENT IN A PROGRAM THAT CONFERS A CREDIT-BEAR-
ING CERTIFICATE, AN ASSOCIATE OF OCCUPATIONAL STUDIES DEGREE, OR AN
ASSOCIATE OF APPLIED SCIENCE DEGREE, SHALL ONLY COUNT AS AIDABLE COLLEGE
ENROLLMENT IF:
(A) THE PROGRAM IS A PARTNERSHIP BETWEEN THE COMMUNITY COLLEGE AND ONE
OR MORE EMPLOYERS TO TRAIN AND EMPLOY STUDENTS IN A SPECIFIC OCCUPATION;
OR
(B) THE PROGRAM (1) PREPARES STUDENTS FOR AN OCCUPATION THAT MEETS
CURRENT OR EMERGING REGIONAL WORKFORCE NEEDS BASED ON A LIST PROVIDED BY
THE DEPARTMENT OF LABOR BASED ON AVAILABLE LABOR MARKET DATA OR IDENTI-
FIED AS SUCH BY THE APPLICABLE REGIONAL ECONOMIC DEVELOPMENT COUNCIL,
AND (2) HAS AN ADVISORY COMMITTEE MADE UP OF MEMBERS OF WHOM THE MAJORI-
TY ARE EMPLOYERS IN THE OCCUPATION OR SECTOR, OR A RELATED SECTOR, THAT
EMPLOY OR COMMIT TO EMPLOY WORKERS IN THE REGION WHERE THE COMMUNITY
COLLEGE IS LOCATED, AND SUCH COMMITTEE SERVES TO ADVISE THE COMMUNITY
COLLEGE ON THE PROGRAM'S CURRICULUM, RECRUITMENT, PLACEMENT AND EVALU-
ATION SO THAT IT REMAINS UP-TO-DATE WITH EMPLOYER NEEDS.
(II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, ENROLLMENT IN
PROGRAMS THAT FAIL TO MEET THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH SHALL COUNT IN THE DETERMINATION OF AIDABLE COLLEGE ENROLLMENT
IN THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN COMMUNITY COLLEGE
FISCAL YEAR ONLY TO THE EXTENT A STUDENT WAS ENROLLED IN THE SAME
PROGRAM AND WAS COUNTED IN THE DETERMINATION OF AIDABLE COLLEGE ENROLL-
MENT DURING, OR PRIOR TO, THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN
COMMUNITY COLLEGE FISCAL YEAR.
(III) ON OR BEFORE NOVEMBER FIRST OF EACH YEAR, THE STATE UNIVERSITY
TRUSTEES AND THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A REPORT TO
THE DIRECTOR OF THE BUDGET FOR PURPOSES OF DETERMINING AMOUNTS PAYABLE
TO COMMUNITY COLLEGES. SUCH REPORT SHALL INCLUDE AN ACCOUNTING OF AIDA-
BLE COLLEGE ENROLLMENT AS DETERMINED IN ACCORDANCE WITH THIS PARAGRAPH
FOR PROGRAMS THAT CONFER CREDIT-BEARING CERTIFICATES, ASSOCIATE OF OCCU-
PATIONAL STUDIES DEGREES, OR ASSOCIATE OF APPLIED SCIENCE DEGREES, IN
SUCH A FORM AND MANNER AS THE DIRECTOR OF THE BUDGET MAY REQUIRE TO
VERIFY COMPLIANCE WITH SUBPARAGRAPHS (I) AND (II) OF THIS PARAGRAPH AND
APPROVE OR DENY PAYMENT FOR SUCH PROGRAMS THEREOF; AND PROVIDED FURTHER
THAT, PRIOR TO SUBMITTING SUCH REPORTS, THE CHANCELLOR OF THE STATE
UNIVERSITY OF NEW YORK AND THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW
YORK SHALL ASSIST THE DIRECTOR OF THE BUDGET IN AN EVALUATION OF WHETHER
THERE ARE ADDITIONAL WORKFORCE AND VOCATIONAL PROGRAMS THAT SHALL BE
CONSIDERED IN FUTURE YEARS FOR THE PURPOSE OF MAKING NECESSARY CALCU-
LATIONS PURSUANT TO THIS PARAGRAPH AND PARAGRAPH B-2 OF THIS SECTION.
S. 2607--A 34 A. 3007--A
B-2. (I) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, WITHIN
AMOUNTS APPROPRIATED THEREFOR, THE STATE UNIVERSITY OF NEW YORK AND CITY
UNIVERSITY OF NEW YORK SHALL MAKE AWARDS TO COMMUNITY COLLEGES FROM A
NEXT GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND ON A PRO-RATA
BASIS IN ACCORDANCE WITH A METHODOLOGY AND IN A FORM AND MANNER DEVEL-
OPED BY THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE STATE
UNIVERSITY AND CITY UNIVERSITY, BASED ON MEASURES OF STUDENT SUCCESS FOR
ALL STUDENTS ENROLLED IN PROGRAMS THAT MEET THE REQUIREMENTS OF SUBPARA-
GRAPH (I) OF PARAGRAPH B-1 OF THIS SUBDIVISION INCLUDING, BUT NOT LIMIT-
ED TO:
(A) THE NUMBER OF STUDENTS WHO ARE EMPLOYED FOLLOWING DEGREE OR
CERTIFICATE COMPLETION AND THEIR WAGE GAINS, IF ANY, AS DETERMINED BY
THE DEPARTMENT OF LABOR, WHICH SHALL BE GIVEN THE GREATEST WEIGHTING
AMONG ALL MEASURES OF STUDENT SUCCESS;
(B) THE NUMBER OF ON-TIME DEGREE COMPLETIONS, ON-TIME CERTIFICATE
COMPLETIONS AND STUDENT TRANSFERS TO OTHER INSTITUTIONS OF HIGHER EDUCA-
TION;
(C) THE NUMBER OF DEGREES AND CERTIFICATE COMPLETIONS THAT DO NOT MEET
THE ON-TIME REQUIREMENT OF CLAUSE (B) OF THIS SUBPARAGRAPH WHICH SHALL
BE GIVEN LESSER WEIGHT THAN CLAUSE (B);
(D) THE NUMBER OF DEGREE AND CERTIFICATE COMPLETIONS UNDER CLAUSES (B)
AND (C) OF THIS SUBPARAGRAPH BY A STUDENT CONSIDERED ACADEMICALLY
AT-RISK DUE TO ECONOMIC DISADVANTAGE OR OTHER FACTOR OF UNDER-REPRESEN-
TATION WITHIN THE FIELD OF STUDY; AND
(E) THE NUMBER OF STUDENTS WHO MAKE ADEQUATE PROGRESS TOWARDS
COMPLETION OF A DEGREE OR CERTIFICATE, WHICH MAY INCLUDE ACCELERATED
COMPLETION OF A DEVELOPMENTAL EDUCATION PROGRAM.
(II) ON OR BEFORE DECEMBER FIRST OF EACH YEAR, OR AN ALTERNATIVE DATE
AS DETERMINED BY THE DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE
STATE UNIVERSITY AND CITY UNIVERSITY, THE STATE UNIVERSITY TRUSTEES AND
THE CITY UNIVERSITY TRUSTEES SHALL EACH SUBMIT A PLAN FOR APPROVAL BY
THE DIRECTOR OF THE BUDGET TO ALLOCATE AMOUNTS AVAILABLE FOR THE NEXT
GENERATION NY JOB LINKAGE PROGRAM INCENTIVE FUND IN ACCORDANCE WITH THIS
PARAGRAPH.
S 2. This act shall take effect immediately.
PART E
Section 1. Paragraphs (a), (b), (c) and (d) of subdivision 1 of
section 131-o of the social services law, as amended by section 1 of
part C of chapter 57 of the laws of 2012, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$135.00] $137.00 for each month beginning on or after
January first, two thousand [twelve] THIRTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$155.00] $158.00 for each month beginning on
or after January first, two thousand [twelve] THIRTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$184.00] $187.00 for each month
beginning on or after January first, two thousand [twelve] THIRTEEN.
(d) for the period commencing January first, two thousand [thirteen]
FOURTEEN, the monthly personal needs allowance shall be an amount equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:
S. 2607--A 35 A. 3007--A
(1) the amounts specified in paragraphs (a), (b) and (c) of this
subdivision; and
(2) the amount in subparagraph one of this paragraph, multiplied by
the percentage of any federal supplemental security income cost of
living adjustment which becomes effective on or after January first, two
thousand [thirteen] FOURTEEN, but prior to June thirtieth, two thousand
[thirteen] FOURTEEN, rounded to the nearest whole dollar.
S 2. Paragraphs (a), (b), (c), (d), (e) and (f) of subdivision 2 of
section 209 of the social services law, as amended by section 2 of part
C of chapter 57 of the laws of 2012, are amended to read as follows:
(a) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living alone, [$785.00] $797.00; and for an eligible
couple living alone, [$1152.00] $1170.00.
(b) On and after January first, two thousand [twelve] THIRTEEN, for an
eligible individual living with others with or without in-kind income,
[$721.00] $733.00; and for an eligible couple living with others with or
without in-kind income, [$1094.00] $1112.00.
(c) On and after January first, two thousand [twelve] THIRTEEN, (i)
for an eligible individual receiving family care, [$964.48] $976.48 if
he or she is receiving such care in the city of New York or the county
of Nassau, Suffolk, Westchester or Rockland; and (ii) for an eligible
couple receiving family care in the city of New York or the county of
Nassau, Suffolk, Westchester or Rockland, two times the amount set forth
in subparagraph (i) of this paragraph; or (iii) for an eligible individ-
ual receiving such care in any other county in the state, [$926.48]
$938.48; and (iv) for an eligible couple receiving such care in any
other county in the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
(d) On and after January first, two thousand [twelve] THIRTEEN, (i)
for an eligible individual receiving residential care, [$1133.00]
$1145.00 if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for an
eligible couple receiving residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland, two times the
amount set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care in any other county in the
state, [$1103.00] $1115.00; and (iv) for an eligible couple receiving
such care in any other county in the state, two times the amount set
forth in subparagraph (iii) of this paragraph.
(e) (i) On and after January first, two thousand [twelve] THIRTEEN,
for an eligible individual receiving enhanced residential care,
[$1392.00] $1404.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i) of
this paragraph.
(f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision shall be increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which become
effective on or after January first, two thousand [thirteen] FOURTEEN
but prior to June thirtieth, two thousand [thirteen] FOURTEEN.
S 3. This act shall take effect December 31, 2013.
PART F
Section 1. Title 1 of article 2-A of the social services law is
REPEALED.
S. 2607--A 36 A. 3007--A
S 2. The private housing finance law is amended by adding a new arti-
cle 28 to read as follows:
ARTICLE 28
HOMELESS HOUSING AND ASSISTANCE PROGRAM
SECTION 1223. LEGISLATIVE FINDINGS AND PURPOSE.
1224. DEFINITIONS.
1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS.
1226. GENERAL AND ADMINISTRATIVE PROVISIONS.
S 1223. LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE HEREBY FINDS
THAT THE NEED CONTINUES TO EXIST FOR A PROGRAM TO PROVIDE MONIES TO
NOT-FOR-PROFIT CORPORATIONS, CHARITABLE ORGANIZATIONS, WHOLLY OWNED
SUBSIDIARIES OF NOT-FOR-PROFIT CORPORATIONS OR OF CHARITABLE ORGANIZA-
TIONS, PUBLIC CORPORATIONS AND MUNICIPALITIES TO DEVELOP, EXPAND,
PRESERVE AND IMPROVE THE SUPPLY OF SHELTER AND OTHER SUPPORTIVE HOUSING
ARRANGEMENTS FOR HOMELESS PERSONS. THIS PROGRAM SHALL NOW BE OVERSEEN BY
THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL, THE STATE AGENCY
THAT HAS PRIMARY RESPONSIBILITY FOR AND EXPERTISE IN CAPITAL
CONSTRUCTION AND ASSET MANAGEMENT. THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, IN CONJUNCTION WITH THE HOMELESS HOUSING AND ASSIST-
ANCE CORPORATION, SHALL CONSULT WITH THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE, THE OFFICE OF MENTAL HEALTH, THE OFFICE OF ALCOHOLISM
AND SUBSTANCE ABUSE SERVICES AND SUCH OTHER APPROPRIATE AGENCIES AS IT
MAY DEEM NECESSARY IN ORDER TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
IN ADDITION, THE STATE DIVISION OF HOUSING AND COMMUNITY RENEWAL SHALL
CONSULT WITH THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE IN REGARD
TO THE REVIEW OF THE COMPONENTS OF PROPOSED PROJECT OPERATING PLANS AS
REFERENCED IN PARAGRAPHS (B), (C) AND (D) OF SUBDIVISION FOUR OF SECTION
TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
S 1224. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY REQUIRES
OTHERWISE:
1. "CORPORATION" SHALL MEAN THE HOMELESS HOUSING AND ASSISTANCE CORPO-
RATION ESTABLISHED IN SECTION FORTY-FIVE-C OF THIS CHAPTER.
2. "HOMELESS PROJECT" SHALL MEAN A SPECIFIC FACILITY, INCLUDING LANDS,
BUILDINGS AND IMPROVEMENTS ACQUIRED, CONSTRUCTED, RENOVATED OR REHABILI-
TATED AND OPERATED BY A NOT-FOR-PROFIT CORPORATION, CHARITABLE ORGANIZA-
TION, WHOLLY OWNED SUBSIDIARY OF A NOT-FOR-PROFIT CORPORATION OR OF A
CHARITABLE ORGANIZATION, PUBLIC CORPORATION OR A MUNICIPALITY TO
INCREASE THE AVAILABILITY OF HOUSING FOR HOMELESS PERSONS, WHICH (A) MAY
INCLUDE FACILITIES FOR ASSOCIATED SERVICES SUCH AS BUT NOT LIMITED TO
DINING, RECREATIONAL, SANITARY, SOCIAL, MEDICAL AND MENTAL HEALTH
SERVICES AS MAY BE DEEMED BY THE CORPORATION TO BE ESSENTIAL TO SUCH A
PROJECT; AND (B) MUST PROVIDE DIRECTLY OR ARRANGE INDIRECTLY SUPPORTIVE
SERVICES, AS DEEMED BY THE CORPORATION TO BE APPROPRIATE TO THE POPU-
LATION TO BE HOUSED AND ESSENTIAL TO SUCH A PROJECT.
3. "HOMELESS PERSON" SHALL MEAN A PERSON OR FAMILY WHO IS UNABLE TO
SECURE PERMANENT AND STABLE HOUSING WITHOUT SPECIAL ASSISTANCE, AS
DETERMINED BY THE CORPORATION.
4. "PROJECT COST" SHALL MEAN THE COST OF ANY OR ALL UNDERTAKINGS
NECESSARY FOR PLANNING, FINANCING, LAND ACQUISITION, DEMOLITION,
CONSTRUCTION, REHABILITATION, EQUIPMENT, FURNITURE AND SITE DEVELOPMENT.
5. "OTHER THAN PROJECT COST" SHALL MEAN COSTS ASSOCIATED WITH SUSTAIN-
ING THE LONG-TERM VIABILITY OF THE PROJECT, INCLUDING, BUT NOT LIMITED
TO STARTUP COSTS, RESERVES, EMERGENT REPAIR NEEDS AND RELATED COSTS TO
THE CORPORATION OF STABILIZING OPERATING PROJECTS, AS MAY BE FURTHER
S. 2607--A 37 A. 3007--A
DEFINED IN THE REGULATIONS AND SUBJECT TO THE LIMITATIONS STATED IN
SUBDIVISION NINE OF SECTION TWELVE HUNDRED TWENTY-FIVE OF THIS ARTICLE.
6. "NOT-FOR-PROFIT CORPORATION" AND "CHARITABLE ORGANIZATION" SHALL
MEAN ENTITIES ESTABLISHED PURSUANT TO THE NOT-FOR-PROFIT CORPORATION LAW
OR OTHERWISE ESTABLISHED PURSUANT TO LAW.
7. "PUBLIC CORPORATION" SHALL MEAN A MUNICIPAL CORPORATION, A DISTRICT
CORPORATION, OR A PUBLIC BENEFIT CORPORATION.
S 1225. HOMELESS HOUSING AND ASSISTANCE CONTRACTS. 1. WITHIN THE
LIMITS OF FUNDS APPROPRIATED FOR THE HOMELESS HOUSING AND ASSISTANCE
PROGRAM, THE CORPORATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH
MUNICIPALITIES TO PROVIDE STATE FINANCIAL ASSISTANCE FOR THE PROJECT
COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS HOUSING PROJECTS.
THE MUNICIPALITIES THAT ENTER INTO CONTRACTS WITH THE CORPORATION SHALL
UNDERTAKE THE ESTABLISHMENT OF THE HOMELESS HOUSING PROJECT OR SHALL
CONTRACT WITH A NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION TO
UNDERTAKE THE PROJECT, PURSUANT TO THIS ARTICLE.
2. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THE CORPO-
RATION IS AUTHORIZED TO ENTER INTO CONTRACTS WITH NOT-FOR-PROFIT CORPO-
RATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS OR CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES THEREOF TO PROVIDE STATE FINANCIAL ASSIST-
ANCE FOR THE PROJECT COSTS ATTRIBUTABLE TO THE ESTABLISHMENT OF HOMELESS
PROJECTS.
3. THE STATE FINANCIAL ASSISTANCE SHALL BE IN THE FORM OF GRANTS,
LOANS OR LOAN GUARANTEES, AS THE CORPORATION MAY DETERMINE; PROVIDED,
HOWEVER, THAT FINANCIAL ASSISTANCE TO A FOR-PROFIT SUBSIDIARY OF A NOT-
FOR-PROFIT CORPORATION OR OF A CHARITABLE ORGANIZATION MUST BE IN THE
FORM OF A LOAN OR LOAN GUARANTEE. ANY LOAN TO A FOR-PROFIT SUBSIDIARY
SHALL BE REPAID UNDER SUCH TERMS AS WILL PROTECT THE FINANCIAL VIABILITY
OF THE PROJECT. SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET,
THE CORPORATION MAY CONTRACT WITH OTHER STATE AGENCIES, PUBLIC BENEFIT
CORPORATIONS OR PRIVATE INSTITUTIONS TO ADMINISTER A LOAN OR LOAN GUAR-
ANTEE PROGRAM PURSUANT TO REGULATIONS TO BE PROMULGATED BY THE CORPO-
RATION.
4. THE CORPORATION SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION
OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR
SUBSIDIARY THEREOF MUST SUBMIT AN OPERATING PLAN. SUCH PLAN SHALL
INCLUDE:
(A) THE MANNER IN WHICH THE OPERATING EXPENSES OF THE PROJECT SHALL BE
MET;
(B) THE SERVICES THAT WILL BE PROVIDED TO HOMELESS PERSONS, INCLUDING
PROCEDURES FOR INTAKE, REFERRAL AND OUTREACH;
(C) THE RESPONSIBILITIES OF THE MUNICIPALITY AND SOCIAL SERVICES
DISTRICT FOR THE OPERATION OF THE PROJECT;
(D) THE SPECIFIC POPULATION THAT WILL BE SERVED BY THE PROJECT AND HOW
THE PROJECT WILL ADDRESS THE POPULATION'S SPECIAL NEEDS;
(E) THE CATEGORY OF FACILITY PROPOSED TO BE ESTABLISHED;
(F) EVIDENCE DEMONSTRATING THAT SUCH PROJECT COMPLIES OR WILL COMPLY
WITH EXISTING LOCAL, STATE AND FEDERAL LAWS AND REGULATIONS; AND
(G) A RENT OR OTHER REVENUE STRUCTURE THAT IS AFFORDABLE TO THE POPU-
LATION TO BE HOUSED.
5. THE CORPORATION MAY USE UP TO TWO PERCENT OF THE APPROPRIATION FOR
ANY FISCAL YEAR TO PAY FOR TECHNICAL ASSISTANCE IN SUPPORT OF PROJECT
DEVELOPMENT AND OPERATION. TECHNICAL ASSISTANCE MAY INCLUDE ASSISTANCE
WITH GENERAL PROJECT DEVELOPMENT AND OPERATION, SUPPORT SERVICES DEVEL-
OPMENT, ARCHITECTURE AND ENGINEERING, LEGAL SERVICES AND FINANCIAL
S. 2607--A 38 A. 3007--A
SERVICES AND MAY BE PROVIDED BY INDIVIDUALS AND NOT-FOR-PROFIT OR BUSI-
NESS CORPORATIONS. THE PROVIDERS OF TECHNICAL ASSISTANCE SHALL BE CHOSEN
BY THE CORPORATION BASED ON SUCH INFORMATION AS THE CORPORATION SHALL
REQUIRE IN A REQUEST FOR PROPOSALS OR IN ANY OTHER COMPETITIVE PROCESS
WHICH SATISFIES THE PROVISIONS OF THE STATE FINANCE LAW.
6. PRIOR TO ENTERING INTO A CONTRACT FOR THE ESTABLISHMENT AND OPERA-
TION OF A HOMELESS PROJECT PURSUANT TO THIS SECTION, THE CORPORATION
SHALL DETERMINE THAT THE NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF
THAT PROPOSES TO UNDERTAKE THE HOMELESS PROJECT IS A BONA FIDE ORGANIZA-
TION WHICH SHALL HAVE DEMONSTRATED BY ITS PAST AND CURRENT ACTIVITIES
THAT IT HAS THE ABILITY TO MAINTAIN, MANAGE OR OPERATE HOMELESS
PROJECTS, THAT THE ORGANIZATION IS FINANCIALLY RESPONSIBLE, THAT THE
PROPOSED PROJECT IS FINANCIALLY VIABLE AND THAT THE PROJECT PLAN HAS
BEEN DETERMINED TO BE APPROPRIATE FOR THE NEEDS OF THE HOMELESS IN THE
RELEVANT COMMUNITY.
7. EVERY CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF
A HOMELESS PROJECT PURSUANT TO THIS ARTICLE SHALL CONTAIN A PROVISION
THAT IN THE EVENT THE PROPERTY WHICH IS THE SUBJECT OF SUCH CONTRACT
CEASES TO BE USED AS A HOMELESS PROJECT DURING A FIFTEEN-YEAR PERIOD
COMMENCING WITH THE DATE OF THE CORPORATION'S WRITTEN APPROVAL OF OCCU-
PANCY OF THE HOMELESS PROJECT, OR SUCH LONGER PERIOD OF TIME AS MAY BE
ESTABLISHED IN THE CONTRACT, OR IN CASE OF ANY OTHER SUBSTANTIAL
VIOLATION, THE CORPORATION MAY TERMINATE THE CONTRACT AND MAY REQUIRE
THE REPAYMENT OF ANY MONEYS PREVIOUSLY ADVANCED TO THE MUNICIPALITY,
NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO THE TERMS OF
SUCH CONTRACT. WHERE THE MUNICIPALITY HAS ENTERED INTO A CONTRACT WITH A
NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR
CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF, THE CORPORATION MAY,
PURSUANT TO THIS SUBDIVISION, REQUIRE THAT THE MUNICIPALITY TERMINATE
THE CONTRACT WITH SUCH CORPORATION. ANY MONEY REPAID PURSUANT TO THIS
SUBDIVISION SHALL BE RETURNED TO THE HOMELESS HOUSING AND ASSISTANCE
ACCOUNT.
8. EACH CONTRACT ENTERED INTO FOR THE ESTABLISHMENT AND OPERATION OF A
HOMELESS PROJECT PURSUANT TO THIS ARTICLE SHALL BE SUBJECT TO THE
APPROVAL OF THE DIRECTOR OF THE BUDGET AND SHALL PROVIDE FOR PAYMENT TO
THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THEREOF,
PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF FOR
THE PROJECT COSTS RELATED TO THE HOMELESS PROJECT TO BE ESTABLISHED BY
IT, PURSUANT TO A PAYMENT SCHEDULE. THE FULL AMOUNT OF THE CONTRACT, OR
ANY APPROPRIATE PORTION THEREOF, AS DETERMINED BY THE CORPORATION AND
SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SHALL BE AVAIL-
ABLE FOR PAYMENT AT ANY TIME ON OR AFTER THE EFFECTIVE DATE OF THE
CONTRACT.
9. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE CORPO-
RATION MAY, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ENTER
INTO CONTRACTS TO PROVIDE FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT
COSTS WHERE SUCH FINANCIAL ASSISTANCE CAN BE DEMONSTRATED TO BE NECES-
SARY; PROVIDED, HOWEVER, THAT NO MORE THAN TWENTY-FIVE PER CENTUM OF THE
TOTAL AMOUNT APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE IN ANY FISCAL
YEAR SHALL BE ALLOCATED IN CONTRACTS FOR OTHER THAN PROJECT COSTS. IN
DETERMINING WHETHER FINANCIAL ASSISTANCE FOR OTHER THAN PROJECT COSTS IS
NECESSARY, THE CORPORATION SHALL CONSIDER THE PROPOSED PROJECT'S PLAN
FOR MEETING OPERATING EXPENSES, THE EFFORTS MADE BY THE CONTRACTING
ORGANIZATIONS TO SECURE ALTERNATIVE SOURCES OF FUNDING FOR OTHER THAN
S. 2607--A 39 A. 3007--A
PROJECT COSTS, AND SUCH OTHER FACTORS AS THE CORPORATION SHALL DEEM
APPROPRIATE.
10. THE MUNICIPALITY, NOT-FOR-PROFIT CORPORATION OR SUBSIDIARY THERE-
OF, PUBLIC CORPORATION OR CHARITABLE ORGANIZATION OR SUBSIDIARY THEREOF
SEEKING FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL, WITHIN
THIRTY DAYS OF ITS APPLICATION FOR SUCH ASSISTANCE, NOTIFY THE LOCAL
PLANNING BOARD, AS DEFINED BY SECTION TWENTY-SEVEN OF THE GENERAL CITY
LAW, SECTION TWO HUNDRED SEVENTY-ONE OF THE TOWN LAW, OR SECTION 7-718
OF THE VILLAGE LAW, APPROPRIATE FOR THE GEOGRAPHIC AREA IN WHICH THE
PROPOSED HOMELESS PROJECT WOULD BE LOCATED, AND SHALL PROVIDE SUCH BOARD
WITH INFORMATION REGARDING THE PROPOSED HOMELESS PROJECT.
S 1226. GENERAL AND ADMINISTRATIVE PROVISIONS. 1. THE CORPORATION
SHALL ISSUE AND PROMULGATE RULES AND REGULATIONS FOR THE ADMINISTRATION
OF THIS ARTICLE. THE RULES AND REGULATIONS SHALL PROVIDE THAT STATE
FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE WILL NOT BE AVAILABLE
UNLESS AN APPLICATION HAS BEEN FILED BY THE MUNICIPALITY, NOT-FOR-PROFIT
CORPORATION OR SUBSIDIARY THEREOF, PUBLIC CORPORATION OR CHARITABLE
ORGANIZATION OR SUBSIDIARY THEREOF PURSUANT TO A REQUEST FOR PROPOSALS
ISSUED BY THE CORPORATION. THE RULES AND REGULATIONS SHALL INCLUDE
PROVISIONS CONCERNING ELIGIBILITY OF MUNICIPALITIES AND CONTRACTING
NOT-FOR-PROFIT CORPORATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS
AND CHARITABLE ORGANIZATIONS OR SUBSIDIARIES THEREOF FOR STATE FINANCIAL
ASSISTANCE; THE FORM OF THE APPLICATIONS FOR CONTRACTS; FUNDING CRITERIA
AND THE FUNDING DETERMINATION PROCESS; THE FORM OF THE CONTRACTS; SUPER-
VISION AND EVALUATION OF THE CONTRACTING MUNICIPALITIES OR CORPORATIONS;
REPORTING, BUDGETING AND RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR
MODIFICATION, TERMINATION, EXTENSION AND RENEWAL OF CONTRACTS; AND SUCH
OTHER MATTERS NOT INCONSISTENT WITH THE PURPOSES AND PROVISIONS OF THIS
ARTICLE AS THE CORPORATION SHALL DEEM NECESSARY, PROPER OR APPROPRIATE.
2. THE CORPORATION MAY PROVIDE THAT PREFERENCE BE GIVEN TO CONTRACT
APPLICATIONS THAT (A) INVOLVE OTHER SOURCES OF FUNDS (MUNICIPAL, FEDERAL
OR ANY SOURCE OTHER THAN THE STATE), IN-KIND CONTRIBUTIONS MADE BY SUCH
SOURCES, OR INVOLVE PROJECTS RECEIVING STATE FINANCIAL ASSISTANCE PURSU-
ANT TO CHAPTERS THREE HUNDRED THIRTY-EIGHT, THREE HUNDRED THIRTY-NINE
AND FIVE HUNDRED FORTY-NINE OF THE LAWS OF NINETEEN HUNDRED EIGHTY-TWO,
IN ORDER TO MAXIMIZE THE EFFECT OF STATE FINANCIAL ASSISTANCE OR (B)
INVOLVE INNOVATIVE AND COST-EFFECTIVE HOMELESS PROJECTS THAT MAY HELP
RESOLVE THE LONG-TERM PROBLEMS OF THE HOMELESS OR (C) INVOLVE THE REHA-
BILITATION OF EXISTING STRUCTURES.
3. THE CORPORATION SHALL EVALUATE THE NEED FOR HOMELESS PROJECTS IN
VARIOUS AREAS OF THE STATE AND AMONG VARIOUS POPULATIONS, INCLUDING, BUT
NOT LIMITED TO, HOMELESS MEN, WOMEN, FAMILIES, PERSONS WITH AIDS,
PERSONS WITH SUBSTANCE ABUSE ISSUES AND/OR MENTAL ILLNESS, VICTIMS OF
DOMESTIC VIOLENCE, VETERANS, RUNAWAY YOUTH, AS IDENTIFIED IN LOCAL
ASSESSMENTS OF NEEDS, AND SHALL ALLOCATE FUNDS, TO THE EXTENT PRACTICA-
BLE, TO MEET THESE NEEDS; PROVIDED, HOWEVER, THAT NO MORE THAN SIXTY PER
CENTUM OF THE TOTAL AMOUNT APPROPRIATED PURSUANT TO THIS ARTICLE IN ANY
FISCAL YEAR SHALL BE ALLOCATED TO CONTRACTS FOR HOMELESS PROJECTS WITHIN
ANY SINGLE MUNICIPALITY, UNLESS THE CORPORATION DETERMINES THAT IT IS IN
THE BEST INTEREST OF THE STATE IN FURTHERANCE OF THE PURPOSES OF THIS
ARTICLE.
4. THE CORPORATION SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTER-
VALS, OF THE PERFORMANCE OF THE MUNICIPALITIES, NOT-FOR-PROFIT CORPO-
RATIONS OR SUBSIDIARIES THEREOF, PUBLIC CORPORATIONS AND CHARITABLE
ORGANIZATIONS OR SUBSIDIARIES THEREOF RECEIVING FINANCIAL ASSISTANCE
PURSUANT TO THIS ARTICLE. SUCH REVIEW SHALL, AMONG OTHER THINGS, BE FOR
S. 2607--A 40 A. 3007--A
THE PURPOSES OF ASCERTAINING CONFORMITY TO CONTRACTUAL PROVISIONS, THE
FINANCIAL INTEGRITY AND EFFICIENCY OF THE ORGANIZATIONS AND THE EVALU-
ATION OF THE PROJECT. CONTRACTS ENTERED INTO PURSUANT TO THIS ARTICLE
MAY BE TERMINATED BY THE CORPORATION UPON A FINDING OF SUBSTANTIAL
NONPERFORMANCE OR OTHER BREACH BY THE ORGANIZATION OF ITS OBLIGATIONS
UNDER ITS CONTRACT WITH THE MUNICIPALITY.
5. THE CORPORATION SHALL REQUIRE THAT ALL HOMELESS PROJECTS THAT
RECEIVED FINANCIAL ASSISTANCE PURSUANT TO THIS ARTICLE SHALL COMPLY WITH
ALL REGULATIONS APPLICABLE TO PROJECTS OF THIS TYPE PROMULGATED BY THE
CORPORATION AND OTHER MUNICIPAL, STATE AND FEDERAL REGULATIONS AND LAWS.
THE CORPORATION MAY TERMINATE ANY CONTRACT UPON A FINDING THAT A
SUBSTANTIAL VIOLATION OF SUCH REGULATIONS OR LAWS HAS REMAINED UNCOR-
RECTED FOR A SUBSTANTIAL PERIOD OF TIME.
6. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND FOURTEEN AND ON OR BEFORE
FEBRUARY FIRST OF EACH YEAR THEREAFTER IN WHICH CONTRACTS UNDER THIS
SECTION ARE IN FORCE, THE CORPORATION SHALL SUBMIT TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY A
REPORT DETAILING PROGRESS AND EVALUATING RESULTS, TO DATE, OF THE
PROGRAM.
7. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR SPECIAL LAW, THE
DIRECTOR OF THE BUDGET IS AUTHORIZED TO TRANSFER TO THE HOMELESS HOUSING
AND ASSISTANCE ACCOUNT FUNDS OTHERWISE APPROPRIATED OR REAPPROPRIATED TO
HOUSING AND COMMUNITY RENEWAL FOR THE FISCAL YEARS BEGINNING ON AND
AFTER APRIL FIRST, TWO THOUSAND THIRTEEN, IN AN AMOUNT OR AMOUNTS THE
DIRECTOR OF THE BUDGET DETERMINES TO BE NECESSARY TO CARRY OUT THE
PROVISIONS OF THE HOMELESS HOUSING AND ASSISTANCE PROGRAM.
S 3. Subdivisions 2, 3, 3-a, 8 and 10 of section 45-c of the private
housing finance law, as added by chapter 215 of the laws of 1990, are
amended to read as follows:
2. The agency may transfer to such subsidiary corporation any real,
personal or mixed property in order to carry out the purposes of [title
one of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER. Such subsidiary corporation shall have all the privileges,
immunities, tax exemption and other exemptions of the agency to the
extent the same are not inconsistent with this section.
3. The membership of such subsidiary corporation shall consist of the
commissioner of [social services] THE STATE DIVISION OF HOUSING AND
COMMUNITY RENEWAL, who shall also serve as its chairperson, the chair-
person of the agency, THE COMMISSIONER OF THE OFFICE OF TEMPORARY AND
DISABILITY ASSISTANCE, THE COMMISSIONER OF THE OFFICE OF MENTAL HEALTH
and [one additional member to be appointed by the chairperson of the
homeless housing and assistance corporation, who shall serve at the
pleasure of such chairperson] THE COMMISSIONER OF THE OFFICE OF ALCOHOL-
ISM AND SUBSTANCE ABUSE SERVICES. The powers of the corporation shall be
vested in and exercised by no less than [two] THREE of the members ther-
eof then in office. The corporation may delegate to one or more of its
members, or its officers, agents and employees, such duties and powers
as it may deem proper.
3-a. [The commissioner of social services, and the chairman of the
agency] MEMBERS OF THE CORPORATION may each appoint an individual to
represent them at all meetings of the corporation from which they may be
absent. Any such representative so designated shall have the power to
attend and to vote at any meeting of the corporation [as if the commis-
sioner of social services or chairperson of the agency were present and
voting]. Such designation shall be by written notice filed with the
chairperson of the corporation. The designation of such person shall
S. 2607--A 41 A. 3007--A
continue until revoked at any time by written notice to such chair-
person. Such designation shall not be deemed to limit the power of the
[commissioner of social services or the chairperson of the agency]
MEMBERS OF THE CORPORATION to attend and vote at any meeting of the
corporation.
8. The corporation may do any and all things necessary or convenient
to carry out and exercise the powers given and granted by this section
and [title one of article two-A of the social services law] ARTICLE
TWENTY-EIGHT OF THIS CHAPTER including, but not limited to contracting
with the commissioner of [social services] THE STATE DIVISION OF HOUSING
AND COMMUNITY RENEWAL to administer any of the provisions of [title one
of article two-A of the social services law] ARTICLE TWENTY-EIGHT OF
THIS CHAPTER.
10. Notwithstanding the provisions of article one-A of the public
authorities law, contracts entered into by the corporation pursuant to
[title one of article two-A of the social services law] ARTICLE TWENTY-
EIGHT OF THIS CHAPTER shall not be subject to the provisions of article
one-A of the public authorities law.
S 4. Section 59-i of the private housing finance law, as added by
chapter 215 of the laws of 1990, is amended to read as follows:
S 59-i. Homeless housing and assistance account. The homeless housing
and assistance corporation created by section forty-five-c of this
[chapter] ARTICLE shall create and establish a special account to be
known as the homeless housing and assistance account and shall pay into
such account any moneys which may be made available to such corporation
for the purposes of such account from any source including but not
limited to moneys appropriated by and made available pursuant to appro-
priation by the state and any income or interest earned by, or increment
to, the account due to the investment thereof. The moneys held in or
credited to the homeless housing and assistance account established
under this section shall be expended solely to carry out the provisions
of [title one of article two-A of the social services law] ARTICLE TWEN-
TY-EIGHT OF THIS CHAPTER.
S 5. This act shall take effect immediately, provided, however, that
the rules and regulations currently in effect, as established by the
office of temporary and disability assistance, shall continue to be in
effect as rules and regulations of the corporation until superseded by
rules and regulations issued by the homeless housing and assistance
corporation. Enactment of this act shall be deemed a transfer of func-
tion pursuant to subdivision 2 of section 70 of the civil service law.
PART G
Section 1. Subdivisions 4 and 5 of section 412 of the executive law,
as amended by chapter 182 of the laws of 2002, are amended to read as
follows:
4. "Municipality" shall mean a county, [city, village, town, that part
of a town not included within the boundaries of a village, or a school
district (if approved for such purpose by the commissioner, in instances
where no other municipality, overlapping such school district in whole
or part, is receiving state aid pursuant to this article or upon such
other basis as the commissioner shall by regulation determine). Munici-
pality may mean an Indian reservation, subject to rules and regulations
of the office] OR A CITY HAVING A POPULATION OF ONE MILLION OR MORE.
5. "Youth DEVELOPMENT program" shall mean a ["youth bureau," "recre-
ation project" or "youth service" project established under prior
S. 2607--A 42 A. 3007--A
authorizing legislation establishing a temporary state youth commission
as well as similar] local [programs] PROGRAM designed to accomplish the
broad purposes of this article[. The definition, determination and clas-
sification of youth programs shall be] subject to [approval by the
office in accordance with] THE rules and regulations [adopted by it] OF
THE OFFICE; PROVIDED HOWEVER, THE TERM "YOUTH DEVELOPMENT PROGRAM" SHALL
NOT INCLUDE APPROVED RUNAWAY PROGRAMS OR TRANSITIONAL INDEPENDENT LIVING
SUPPORT PROGRAMS AS SUCH TERMS ARE DEFINED IN SECTION FIVE HUNDRED THIR-
TY-TWO-A OF THIS CHAPTER.
S 2. Subdivision 1 of section 420 of the executive law is REPEALED and
a new subdivision 1 is added to read as follows:
1. A. (1) EACH MUNICIPALITY OPERATING A YOUTH DEVELOPMENT PROGRAM
APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE ELIGIBLE
FOR ONE HUNDRED PERCENT STATE REIMBURSEMENT OF ITS QUALIFIED EXPENDI-
TURES, SUBJECT TO AVAILABLE APPROPRIATIONS AND EXCLUSIVE OF ANY FEDERAL
FUNDS MADE AVAILABLE THEREFOR, NOT TO EXCEED THE MUNICIPALITY'S DISTRIB-
UTION OF STATE AID UNDER THIS ARTICLE.
(2) THE STATE AID APPROPRIATED FOR YOUTH DEVELOPMENT PROGRAMS SHALL BE
DISTRIBUTED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES TO ELIGIBLE
MUNICIPALITIES THAT HAVE AN APPROVED COMPREHENSIVE PLAN PURSUANT TO
SUBPARAGRAPH TWO OF PARAGRAPH C OF THIS SUBDIVISION. SUCH STATE AID
SHALL BE LIMITED TO THE FUNDS SPECIFICALLY APPROPRIATED THEREFOR AND
SHALL BE BASED ON FACTORS THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
NUMBER OF YOUTH UNDER THE AGE OF TWENTY-ONE RESIDING IN THE MUNICIPALITY
AS SHOWN BY THE LAST PUBLISHED FEDERAL CENSUS CERTIFIED IN THE SAME
MANNER AS PROVIDED BY SECTION FIFTY-FOUR OF THE STATE FINANCE LAW.
(3) ELIGIBLE MUNICIPALITIES MAY CLAIM UP TO FIFTEEN PERCENT OF THEIR
DISTRIBUTION FOR THE OPERATION OF A YOUTH BUREAU. THE OFFICE SHALL NOT
REIMBURSE ANY CLAIMS UNDER THIS SECTION UNLESS THEY ARE SUBMITTED WITHIN
TWELVE MONTHS OF THE CALENDAR QUARTER IN WHICH THE EXPENDITURE WAS MADE.
THE OFFICE MAY REQUIRE THAT SUCH CLAIMS BE SUBMITTED TO THE OFFICE ELEC-
TRONICALLY IN THE MANNER AND FORMAT REQUIRED BY THE OFFICE.
B. YOUTH DEVELOPMENT PROGRAMS SHALL PROVIDE COMMUNITY-LEVEL SERVICES
DESIGNED TO PROMOTE POSITIVE YOUTH DEVELOPMENT. SUCH PROGRAMS MAY
INCLUDE, BUT NOT BE LIMITED TO: PROGRAMS THAT PROMOTE PHYSICAL AND
EMOTIONAL WELLNESS, EDUCATIONAL ACHIEVEMENT OR CIVIC, FAMILY AND COMMU-
NITY ENGAGEMENT; FAMILY SUPPORT SERVICES; SERVICES TO PREVENT CHILD
ABUSE AND NEGLECT; SERVICES TO AVERT FAMILY CRISES; AND SERVICES TO
ASSIST YOUTH IN NEED OF CRISIS INTERVENTION OR RESPITE SERVICES. SUBJECT
TO THE REGULATIONS OF THE OFFICE, A MUNICIPALITY MAY ENTER INTO
CONTRACTS TO EFFECTUATE ITS YOUTH DEVELOPMENT PROGRAM ESTABLISHED AND
APPROVED AS PROVIDED IN THIS ARTICLE.
C. EACH MUNICIPALITY SHALL DEVELOP, IN CONSULTATION WITH THE YOUTH
BUREAU, A COMPREHENSIVE PLAN TO OFFER YOUTH DEVELOPMENT PROGRAMS. SUCH
COMPREHENSIVE PLAN SHALL BE SUBJECT TO THE APPROVAL OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES IN ACCORDANCE WITH SUBPARAGRAPH TWO OF THIS
PARAGRAPH AND SHALL BE SUBMITTED BY EACH MUNICIPALITY IN A MANNER AND AT
SUCH TIMES AND FOR SUCH PERIODS AS THE OFFICE OF CHILDREN AND FAMILY
SERVICES SHALL DETERMINE.
(1) SUCH COMPREHENSIVE PLAN SHALL:
(I) ADDRESS THE NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT
PROGRAMS IN TOWNS AND CITIES WHICH HAVE A YOUTH POPULATION OF TWENTY
THOUSAND OR MORE PERSONS;
(II) (A) ASSESS THE NEED IN THE MUNICIPALITY FOR YOUTH DEVELOPMENT
PROGRAMS THAT ASSIST RUNAWAY AND HOMELESS YOUTH AND YOUTH IN NEED OF
CRISIS INTERVENTION OR RESPITE SERVICES;
S. 2607--A 43 A. 3007--A
(B) IF THE MUNICIPALITY IS SEEKING STATE AID TO PROVIDE SERVICES FOR
RUNAWAY AND HOMELESS YOUTH, AS DEFINED IN ARTICLE NINETEEN-H OF THIS
CHAPTER, THE RUNAWAY AND HOMELESS YOUTH PLAN, AS REQUIRED BY SUBDIVISION
TWO OF THIS SECTION, SHALL BE SUBMITTED AS PART OF THE COMPREHENSIVE
PLAN THAT IS REQUIRED PURSUANT TO THIS PARAGRAPH; PROVIDED HOWEVER, THAT
STATE AID TO PROVIDE SERVICES FOR RUNAWAY AND HOMELESS YOUTH SERVICES
SHALL BE FROM AND LIMITED TO FUNDS APPROPRIATED SEPARATELY FOR SUCH
RUNAWAY AND HOMELESS YOUTH PROGRAM PURPOSES BY THE STATE, AND SHALL NOT
BE INCLUDED UNDER THE LIMITS SET FORTH IN THIS SUBDIVISION;
(III) SPECIFY HOW THE MUNICIPALITY WILL MEASURE PERFORMANCE OUTCOMES
FOR SUCH SERVICES AND PROGRAMS COVERED UNDER THE PLAN;
(IV) SPECIFY THE PROJECTED PERFORMANCE OUTCOMES FOR SERVICES AND
PROGRAMS COVERED UNDER THE PLAN, INCLUDING PROJECTED POSITIVE OUTCOMES
FOR YOUTH WHO PARTICIPATE IN THE SERVICES AND PROGRAMS; AND
(V) PROVIDE INFORMATION ON THE PERFORMANCE OUTCOMES OF SERVICES
PROVIDED UNDER THE MUNICIPALITY'S MOST RECENT PLAN APPROVED PURSUANT TO
THIS SUBDIVISION, INCLUDING OUTCOME BASED MEASURES THAT DEMONSTRATE THE
QUALITY OF SERVICES PROVIDED AND PROGRAM EFFECTIVENESS OF PROGRAMS FUND-
ED UNDER SUCH PLAN.
(2) THE OFFICE OF CHILDREN AND FAMILY SERVICES MAY APPROVE ALL OR PART
OF A MUNICIPALITY'S COMPREHENSIVE PLAN. IF THE OFFICE DOES NOT APPROVE A
MUNICIPALITY'S COMPREHENSIVE PLAN, SUCH MUNICIPALITY SHALL HAVE SIXTY
DAYS FROM RECEIPT OF THE NOTIFICATION OF DISAPPROVAL TO SUBMIT A REVISED
PLAN.
S 3. Subdivision 2 of section 420 of the executive law, as amended by
chapter 182 of the laws of 2002, is amended to read as follows:
2. Runaway and homeless youth plan; state aid.
a. A [county] MUNICIPALITY may submit to the [commissioner] OFFICE OF
CHILDREN AND FAMILY SERVICES a plan for the providing of services for
runaway and homeless youth, as defined in article nineteen-H of this
chapter. Where such [county] MUNICIPALITY is receiving state aid pursu-
ant to paragraph a of subdivision one of this section, such runaway and
homeless youth plan shall be submitted as part of the comprehensive
[county] plan and shall be consistent with the goals and objectives
therein. A runaway and homeless youth plan shall be developed in consul-
tation with the county youth bureau and the county or city department of
social services, shall be in accordance with the regulations of the
[commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES, shall provide for
a coordinated range of services for runaway and homeless youth and their
families including preventive, temporary shelter, transportation, coun-
seling, and other necessary assistance, and shall provide for the coor-
dination of all available county resources for runaway and homeless
youth and their families including services available through the county
youth bureau, the county or city department of social services, local
boards of education, local drug and alcohol programs and organizations
or programs which have past experience dealing with runaway and homeless
youth. Such plan may include provisions for transitional independent
living support programs for homeless youth between the ages of sixteen
and twenty-one as provided in article nineteen-H of this chapter. Such
plan shall also provide for the designation and duties of the runaway
and homeless youth service coordinator defined in section five hundred
thirty-two-a of this chapter who is available on a twenty-four hour
basis and maintains information concerning available shelter space,
transportation and services. Such plan may include provision for the per
diem reimbursement for residential care of runaway and homeless youth in
approved runaway programs which are authorized agencies, provided that
S. 2607--A 44 A. 3007--A
such per diem reimbursement shall not exceed a total of thirty days for
any one youth.
b. Each [county] MUNICIPALITY shall submit to the [commissioner]
OFFICE OF CHILDREN AND FAMILY SERVICES such additional information as
the [commissioner] OFFICE shall require, including but not limited to:
(1) A description of the current runaway and homeless population
including their age, place of origin, family status, service needs and
eventual disposition;
(2) A description of the public and private resources available to
serve runaway and homeless youth within the county;
(3) A description of new services to be provided and current services
to be expanded.
c. The [commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES shall
review such plan IN ACCORDANCE WITH SUBPARAGRAPH TWO OF PARAGRAPH C OF
SUBDIVISION ONE OF THIS SECTION and may approve or disapprove such plan
or any part, program, or project within such plan, and may propose such
modifications and conditions as deemed appropriate and necessary.
d. (1) [Counties] MUNICIPALITIES having an approved runaway and home-
less youth plan pursuant to this subdivision shall be entitled to
reimbursement by the state for sixty percent of the entire amount of the
expenditures for programs contained in such plan as approved by the
[commissioner] OFFICE OF CHILDREN AND FAMILY SERVICES, after first
deducting therefrom any federal or other state funds received or to be
received on account thereof. All reimbursement pursuant to this subdivi-
sion shall be from and limited to funds appropriated separately for such
runaway and homeless youth program purposes by the state, and shall not
be included under the limits set in subdivision one of this section.
[The county's] A MUNICIPALITY'S share of the cost of such programs may
be met in part by donated private funds or in-kind services, as defined
by the office, provided that such private funding or receipt of services
shall not in the aggregate be more than fifty percent of such [county's]
MUNICIPALITY'S share.
(2) Notwithstanding any inconsistent provision of law and subject to
funds appropriated separately therefor, a [county] MUNICIPALITY having
an approved runaway and homeless youth plan which includes provisions
for transitional independent living support programs shall be entitled
to reimbursement by the state for sixty percent of the entire amount of
the approved expenditures for transitional independent living support
programs contained in the plan as approved by the [commissioner] OFFICE
OF CHILDREN AND FAMILY SERVICES. The [county's] MUNICIPALITY'S share of
the cost of such programs may be met by donated private funds or in-kind
services, as defined by the office, provided that such receipt of
in-kind services shall not in the aggregate be more than fifty percent
of such [county's] MUNICIPALITY'S share.
S 4. Paragraphs a and c of subdivision 5 of section 420 of the execu-
tive law, as added by chapter 160 of the laws of 2004, are amended to
read as follows:
a. Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation by the
thirty-first day of December, two thousand eight, of a county child and
family services plan that combines the [county] comprehensive plan
required by this section and the multi-year consolidated services plan
required by section thirty-four-a of the social services law into a
single plan.
c. The office of children and family services may waive any regulatory
requirements relating to the content and timing of [county] comprehen-
S. 2607--A 45 A. 3007--A
sive plans that may impede the ability of a county to implement a county
child and family services plan.
S 5. Section 422 of the executive law is REPEALED.
S 6. Subdivisions 4, 5 and 6 of section 532-a of the executive law, as
amended by section 14 of part E of chapter 57 of the laws of 2005, are
amended and a new subdivision 8 is added to read as follows:
4. "Approved runaway program" shall mean any non-residential program
approved by the office of children and family services after submission
by the [county youth bureau] MUNICIPALITY, as part of its comprehensive
plan, or any residential facility which is operated by an authorized
agency as defined in subdivision ten of section three hundred seventy-
one of the social services law, and approved by the office of children
and family services after submission by the [county youth bureau] MUNI-
CIPALITY as part of its comprehensive plan, established and operated to
provide services to runaway and homeless youth in accordance with the
regulations of the office of temporary and disability assistance and the
office of children and family services. Such programs may also provide
non-residential crisis intervention and residential respite services to
youth in need of crisis intervention or respite services, as defined in
this section. Residential respite services in an approved runaway
program may be provided for no more than twenty-one days in accordance
with the regulations of the office of children and family services.
5. "Runaway and homeless youth service coordinator" shall mean any
person SO designated by [a county] A MUNICIPALITY whose duties shall
include but not be limited to answering inquiries at any time concerning
transportation, shelter and other services available to a runaway or
homeless youth or a youth in need of crisis intervention or respite
services.
6. "Transitional independent living support program" shall mean any
non-residential program approved by the office of children and family
services after submission by the [county youth bureau] MUNICIPALITY as
part of its comprehensive plan, or any residential facility approved by
the office of children and family services after submission by the
[county youth bureau] MUNICIPALITY as part of its comprehensive plan TO
OFFER YOUTH DEVELOPMENT PROGRAMS, established and operated to provide
supportive services, for a period of up to eighteen months in accordance
with the regulations of the office of children and family services, to
enable homeless youth between the ages of sixteen and twenty-one to
progress from crisis care and transitional care to independent living.
Such transitional independent living support program may also provide
services to youth in need of crisis intervention or respite services.
Notwithstanding the time limitation in paragraph (i) of subdivision (d)
of section seven hundred thirty-five of the family court act, residen-
tial respite services may be provided in a transitional independent
living support program for a period of more than twenty-one days.
8. "MUNICIPALITY" SHALL MEAN A COUNTY, OR A CITY HAVING A POPULATION
OF ONE MILLION OR MORE.
S 7. Subdivision 2 of section 532-b of the executive law, as added by
chapter 722 of the laws of 1978, is amended to read as follows:
2. The runaway youth may remain in the program on a voluntary basis
for a period not to exceed thirty days from the date of admission where
the filing of a petition pursuant to article ten of the family court act
is not contemplated, in order that arrangements can be made for the
runaway youth's return home, alternative residential placement pursuant
to section three hundred ninety-eight of the social services law, or any
other suitable plan. If the runaway youth and the parent, guardian or
S. 2607--A 46 A. 3007--A
custodian agree, in writing, the runaway youth may remain in the runaway
program up to sixty days without the filing of a petition pursuant to
article ten of the family court act, provided that in any such case the
facility shall first have obtained the approval of the [county] MUNICI-
PALITY'S runaway coordinator, who shall notify the [county] THE MUNICI-
PALITY'S youth bureau of his OR HER approval together with a statement
as to the reason why such additional residential stay is necessary and a
description of the efforts being made to find suitable alternative
living arrangements for such youth.
S 8. Paragraph (a) of subdivision 6 of section 34-a of the social
services law, as added by chapter 160 of the laws of 2004, is amended to
read as follows:
(a) Notwithstanding any other provision of law, the office of children
and family services shall plan for the statewide implementation, by the
thirty-first day of December, two thousand eight, of the use by counties
of a child and family services plan that combines the multi-year consol-
idated services plan required by this section and the [county] compre-
hensive plan required by section four hundred twenty of the executive
law into a single plan.
S 9. This act shall take effect January 1, 2014.
PART H
Section 1. This part 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 part sets forth the general effective date of this act.
SUBPART A
Section 1. Subdivision 3 of section 501 of the executive law, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
3. To establish, operate and maintain [division] facilities [and to
contract with authorized agencies as defined in section three hundred
seventy-one of the social services law for the operation and maintenance
of non-secure facilities].
S 2. Paragraph (a) of subdivision 11 of section 501 of the executive
law, as amended by chapter 465 of the laws of 1992, is amended to read
as follows:
(a) a projection of the numbers of youths to be placed into or commit-
ted to the care of the [division] OFFICE OF CHILDREN AND FAMILY SERVICES
at secure[,] AND limited secure [and non-secure] levels of care for the
five years encompassed by the plan;
S 3. Section 501 of the executive law is amended by adding a new
subdivision 15-a to read as follows:
15-A. (A) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF SUBDIVI-
SION FIFTEEN OF THIS SECTION, OR ANY OTHER LAW TO THE CONTRARY, THE
COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED
S. 2607--A 47 A. 3007--A
TO CLOSE ANY NON-SECURE FACILITIES OPERATED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES, AND TO MAKE SIGNIFICANT ASSOCIATED SERVICE
REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS AND TRANSFER OPER-
ATIONS FOR NON-SECURE FACILITIES TO A PRIVATE OR NOT-FOR-PROFIT ENTITY,
AS SHALL BE DETERMINED BY SUCH COMMISSIONER SOLELY TO REFLECT THE
DECREASE IN THE NUMBER OF JUVENILE DELINQUENTS PLACED WITH SUCH OFFICE
CARED FOR IN NON-SECURE SETTINGS OR CONDITIONALLY RELEASED FROM SUCH
SETTINGS.
(B) AT LEAST SIXTY DAYS PRIOR TO TAKING ANY SUCH ACTION, THE COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES 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 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 OR TRANSFERS OF OPERATIONS
DURING SUCH SIXTY DAY PERIOD.
(C) ANY TRANSFERS OF CAPACITY OR ANY RESULTING TRANSFER OF FUNCTIONS
SHALL BE AUTHORIZED TO BE MADE BY THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND ANY TRANSFER OF PERSONNEL UPON SUCH
TRANSFER OF CAPACITY OR TRANSFER OF FUNCTIONS SHALL BE ACCOMPLISHED IN
ACCORDANCE WITH THE PROVISIONS OF SECTION SEVENTY OF THE CIVIL SERVICE
LAW.
S 4. Subdivision 1 of section 504 of the executive law, as added by
chapter 465 of the laws of 1992, is amended to read as follows:
1. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall operate
and maintain secure[,] AND limited secure [and non-secure] facilities
for the care, custody, treatment, housing, education, rehabilitation and
guidance of youth placed with or committed to the [division] OFFICE OF
CHILDREN AND FAMILY SERVICES.
S 5. Subdivision 4 of section 504 of the executive law, as amended by
chapter 687 of the laws of 1993, is amended to read as follows:
4. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall deter-
mine the particular [division] OFFICE facility or program in which a
child placed with the [division] OFFICE shall be cared for, based upon
an evaluation of such child. The [division] OFFICE OF CHILDREN AND FAMI-
LY SERVICES shall also have authority to discharge or conditionally
release children placed with it and to transfer such children from a
limited secure [or non-secure] facility to any other limited secure [or
non-secure] facility, when the interest of such children requires such
action[; provided that a child transferred to a non-secure facility from
a limited secure facility may be returned to a limited secure facility
upon a determination by the division that, for any reason, care and
treatment at the non-secure facility is no longer suitable].
S 6. Subdivision 5 of section 507-a of the executive law is REPEALED.
S 7. Paragraph (f) of subdivision 3 of section 353.2 of the family
court act, as amended by chapter 465 of the laws of 1992, is amended to
read as follows:
(f) with the consent of the [division for youth] COMMISSIONER OF THE
LOCAL SOCIAL SERVICES DISTRICT, spend a specified portion of the
probation period, not exceeding one year, in a non-secure [facility]
PLACEMENT provided by THE LOCAL SOCIAL SERVICES DISTRICT [the division
for youth pursuant to article nineteen-G of the executive law].
S 8. The opening paragraph and paragraphs (a) and (b) of subdivision 3
of section 353.3 of the family court act, as amended by section 6 of
part G of chapter 58 of the laws of 2010, are amended to read as
follows:
S. 2607--A 48 A. 3007--A
Where the respondent is placed with the office of children and family
services, the court shall[, unless it directs the office to place him or
her with an authorized agency or class of authorized agencies, including
if the court finds that the respondent is a sexually exploited child as
defined in subdivision one of section four hundred forty-seven-a of the
social services law, an available long-term safe house pursuant to
subdivision four of this section, authorize the office to] do one of the
following:
(a) place the respondent in a secure facility without a further hear-
ing at any time or from time to time during the first sixty days of
residency in office of children and family services facilities.
Notwithstanding the discretion of the office to place the respondent in
a secure facility at any time during the first sixty days of residency
in [a] AN office of children and family services facility, the respond-
ent may be placed in a [non-secure] LIMITED SECURE facility. In the
event that the office desires to transfer a respondent to a secure
facility at any time after the first sixty days of residency in office
facilities, a hearing shall be held pursuant to subdivision three of
section five hundred four-a of the executive law; or
(b) place the respondent in a limited secure facility. The respondent
may be transferred by the office to a secure facility after a hearing is
held pursuant to section five hundred four-a of the executive law;
provided, however, that during the first twenty days of residency in
office facilities, the respondent shall not be transferred to a secure
facility unless the respondent has committed an act or acts which are
exceptionally dangerous to the respondent or to others[; or].
S 9. Paragraph (c) of subdivision 3 of section 353.3 of the family
court act is REPEALED.
S 10. Subdivision 4 of section 353.3 of the family court act is
REPEALED.
S 11. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 4
of section 353.5 of the family court act, as amended by section 6 of
subpart A of part G of chapter 57 of the laws of 2012, are amended to
read as follows:
(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that: (A) if the respondent has been
placed from a family court in a social services district operating an
approved juvenile justice services close to home initiative pursuant to
section four hundred four of the social services law, once the time
frames in subparagraph (ii) of this paragraph are met:
[(A)] (1) beginning on the effective date of such a social services
district's plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services concludes,
based on the needs and best interests of the respondent and the need for
protection for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the applicable local commissioner of
social services; and
[(B)] (2) beginning on the effective date of such a social services
district's plan that covers juvenile delinquents placed in limited
secure settings, if the office of children and family services
concludes, based on the needs and best interests of the respondent and
the need for protection for the community, that a non-secure or limited
secure level of care is appropriate for the respondent, such office
S. 2607--A 49 A. 3007--A
shall file a petition pursuant to paragraph (b) or (c) of subdivision
two of section 355.1 of this part to have the respondent placed with the
applicable local commissioner of social services[.]; AND
(B) IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES
CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF
CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION 355.1 OF
THIS PART TO HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
(C) If the respondent is placed with the local commissioner of social
services in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to apply to
the respondent's placement.
(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided in subparagraph (ii) of this paragraph, nor may the respondent
be released from a residential facility during the period provided in
subparagraph (iii) of this paragraph. No home visits shall be permitted
during the period of secure confinement set by the court order or one
year, whichever is less, except for emergency visits for medical treat-
ment or severe illness or death in the family. All home visits must be
accompanied home visits: (A) while a youth is confined in a secure
facility, whether such confinement is pursuant to a court order or
otherwise; (B) while a youth is confined in a residential facility other
than a secure facility within six months after confinement in a secure
facility; and (C) while a youth is confined in a residential facility
other than a secure facility in excess of six months after confinement
in a secure facility unless two accompanied home visits have already
occurred. An "accompanied home visit" shall mean a home visit during
which the youth shall be accompanied at all times while outside the
secure or residential facility by appropriate personnel of the office of
children and family services or, if applicable, a local social services
district [which operates an approved juvenile justice services close to
home initiative pursuant to section four hundred four of the social
services law].
S 12. Subparagraphs (i), (iii) and (iv) of paragraph (c) of subdivi-
sion 4 of section 353.5 of the family court act, as amended by section 6
of subpart A of part G of chapter 57 of the laws of 2012, are amended to
read as follows:
(i) after the expiration of the period provided in subparagraph (iii)
of paragraph (a) of this subdivision, the respondent shall not be
released from a residential facility without the written approval of the
office of children and family services or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law].
(iii) the respondent shall not be discharged from the custody of the
office of children and family services or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law], unless a motion therefor under section 355.1 is granted
S. 2607--A 50 A. 3007--A
by the court, which motion shall not be made prior to the expiration of
three years of the placement.
(iv) unless otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law] shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.
S 13. Paragraph (d) of subdivision 4 of section 353.5 of the family
court act, as amended by section 6 of subpart A of part G of chapter 57
of the laws of 2012, is amended to read as follows:
(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the office of children and
family services, or, if applicable, a social services district [operat-
ing an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law], after
a dispositional hearing, for an additional period not to exceed twelve
months, but no initial placement or extension of placement under this
section may continue beyond the respondent's twenty-first birthday.
S 14. Subparagraphs (iii) and (iv) of paragraph (a) of subdivision 5
of section 353.5 of the family court act, as amended by section 6 of
subpart A of part G of chapter 57 of the laws of 2012, is amended to
read as follows:
(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period
set by the order, to be not less than six nor more than twelve months;
provided, however, that (A) if the respondent has been placed from a
family court in a social services district operating an approved juve-
nile justice services close to home initiative pursuant to section four
hundred four of the social services law, once the time frames in subpar-
agraph (ii) of this paragraph are met:
[(A)] (1) beginning on the effective date of such a social services
district's plan that only covers juvenile delinquents placed in non-se-
cure settings, if the office of children and family services concludes,
based on the needs and best interests of the respondent and the need for
protection for the community, that a non-secure level of care is appro-
priate for the respondent, such office shall file a petition pursuant to
paragraph (b) or (c) of subdivision two of section 355.1 of this part to
have the respondent placed with the applicable local commissioner of
social services; and
[(B)] (2) beginning on the effective date of such a social services
district's plan to implement programs for youth placed in limited secure
settings, if the office of children and family services concludes, based
on the needs and best interests of the respondent and the need for
protection for the community, that a non-secure or limited secure level
of care is appropriate for the respondent, such office shall file a
petition pursuant to paragraph (b) or (c) of subdivision two of section
355.1 of this part to have the respondent placed with the applicable
local commissioner of social services[.]; OR
(B) IF THE RESPONDENT HAS BEEN PLACED FROM A FAMILY COURT IN A SOCIAL
SERVICES DISTRICT NOT OPERATING AN APPROVED JUVENILE JUSTICE SERVICES
CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR OF THE
SOCIAL SERVICES LAW, IF THE OFFICE OF CHILDREN AND FAMILY SERVICES
CONCLUDES, BASED ON THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
S. 2607--A 51 A. 3007--A
THE NEED FOR PROTECTION FOR THE COMMUNITY, THAT A NON-SECURE LEVEL OF
CARE IS APPROPRIATE FOR THE RESPONDENT, SUCH OFFICE SHALL FILE A PETI-
TION PURSUANT TO PARAGRAPH (F) OF SUBDIVISION TWO OF SECTION 355.1 OF
THIS PART TO HAVE THE RESPONDENT PLACED WITH THE APPLICABLE LOCAL
COMMISSIONER OF SOCIAL SERVICES.
(C) If the respondent is placed with a local commissioner of social
services in accordance with clause (A) or (B) of this subparagraph, the
remainder of the provisions of this section shall continue to apply to
the respondent's placement.
(iv) the respondent may not be released from a secure facility or
transferred to a facility other than a secure facility during the period
provided by the court pursuant to subparagraph (ii) of this paragraph,
nor may the respondent be released from a residential facility during
the period provided by the court pursuant to subparagraph (iii) of this
paragraph. No home visits shall be permitted during the period of secure
confinement set by the court order or one year, whichever is less,
except for emergency visits for medical treatment or severe illness or
death in the family. All home visits must be accompanied home visits:
(A) while a youth is confined in a secure facility, whether such
confinement is pursuant to a court order or otherwise; (B) while a youth
is confined in a residential facility other than a secure facility with-
in six months after confinement in a secure facility; and (C) while a
youth is confined in a residential facility other than a secure facility
in excess of six months after confinement in a secure facility unless
two accompanied home visits have already occurred. An "accompanied home
visit" shall mean a home visit during which the youth shall be accompa-
nied at all times while outside the secure or residential facility by
appropriate personnel of the office of children and family services or,
if applicable, a social services district [operating an approved juve-
nile justice close to home initiative pursuant to section four hundred
four of the social services law].
S 15. Subparagraphs (i), (iii) and (iv) of paragraph (c) and paragraph
(d) of subdivision 5 of section 353.5 of the family court act, as
amended by section 6 of subpart A of part G of chapter 57 of the laws of
2012, is amended to read as follows:
(i) after the expiration of the period provided in subparagraph (iii)
of paragraph (a) of this subdivision, the respondent shall not be
released from a residential facility without the written approval of the
office of children and family services or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law].
(iii) the respondent shall not be discharged from the custody of the
office of children and family services, or, if applicable, a social
services district [operating an approved juvenile justice services close
to home initiative pursuant to section four hundred four of the social
services law].
(iv) unless otherwise specified in the order, the office of children
and family services or, if applicable, a social services district [oper-
ating an approved juvenile justice services close to home initiative
pursuant to section four hundred four of the social services law], shall
report in writing to the court not less than once every six months
during the placement on the status, adjustment and progress of the
respondent.
(d) Upon the expiration of the initial period of placement or any
extension thereof, the placement may be extended in accordance with
S. 2607--A 52 A. 3007--A
section 355.3 upon petition of any party or the office of children and
family services or, if applicable, a social services district [operating
an approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law], after a dispo-
sitional hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement under this section
may continue beyond the respondent's twenty-first birthday.
S 16. Subdivision 2 of section 355.1 of the family court act is
amended by adding three new paragraphs (d), (e) and (f) to read as
follows:
(D) FOR A SOCIAL SERVICES DISTRICT THAT IS NOT OPERATING AN APPROVED
JUVENILE JUSTICE SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION
FOUR HUNDRED FOUR OF THE SOCIAL SERVICES LAW:
(I) IF THE DISTRICT DETERMINES THAT PLACEMENT IN A LIMITED SECURE
FACILITY IS APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF
THE COMMUNITY AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED
INTO ITS CARE, THE SOCIAL SERVICES DISTRICT SHALL FILE A PETITION TO
TRANSFER THE CUSTODY OF THE RESPONDENT TO THE OFFICE OF CHILDREN AND
FAMILY SERVICES, AND SHALL PROVIDE A COPY OF SUCH PETITION TO SUCH
OFFICE, THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT AND THE RESPOND-
ENT'S PARENT OR LEGAL GUARDIAN. THE FAMILY COURT SHALL, AFTER ALLOWING
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE ATTORNEY FOR THE
RESPONDENT, AFTER NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD,
GRANT SUCH A PETITION ONLY IF THE COURT DETERMINES, AND STATES IN ITS
WRITTEN ORDER, THE REASONS WHY A LIMITED SECURE PLACEMENT IS NECESSARY
AND CONSISTENT WITH THE NEEDS AND BEST INTERESTS OF THE RESPONDENT AND
THE NEED FOR PROTECTION OF THE COMMUNITY.
(II) IF THE DISTRICT DETERMINES THAT A SECURE LEVEL OF PLACEMENT IS
APPROPRIATE AND CONSISTENT WITH THE NEED FOR PROTECTION OF THE COMMUNITY
AND THE NEEDS AND BEST INTERESTS OF THE RESPONDENT PLACED INTO ITS CARE,
THE SOCIAL SERVICES DISTRICT SHALL FILE A PETITION TO TRANSFER THE
CUSTODY OF THE RESPONDENT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES,
AND SHALL PROVIDE A COPY OF SUCH PETITION TO SUCH OFFICE, THE RESPOND-
ENT, THE ATTORNEY FOR THE RESPONDENT AND THE RESPONDENT'S PARENT OR
LEGAL GUARDIAN. THE FAMILY COURT SHALL, AFTER ALLOWING THE OFFICE OF
CHILDREN AND FAMILY SERVICES AND THE ATTORNEY FOR THE RESPONDENT, AFTER
NOTICE HAVING BEEN GIVEN, AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETI-
TION ONLY IF THE COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER, THAT
THE YOUTH NEEDS A SECURE LEVEL OF PLACEMENT BECAUSE:
(A) THE RESPONDENT HAS BEEN SHOWN TO BE EXCEPTIONALLY DANGEROUS TO
HIMSELF OR HERSELF OR TO OTHER PERSONS. EXCEPTIONALLY DANGEROUS BEHAVIOR
MAY INCLUDE, BUT IS NOT LIMITED TO, ONE OR MORE SERIOUS INTENTIONAL
ASSAULTS, SEXUAL ASSAULTS OR SETTING FIRES; OR
(B) THE RESPONDENT HAS DEMONSTRATED BY A PATTERN OF BEHAVIOR THAT HE
OR SHE NEEDS A MORE STRUCTURED SETTING AND THE SOCIAL SERVICES DISTRICT
HAS CONSIDERED THE APPROPRIATENESS AND AVAILABILITY OF A TRANSFER TO AN
ALTERNATIVE NON-SECURE OR LIMITED SECURE FACILITY. SUCH BEHAVIOR MAY
INCLUDE, BUT IS NOT LIMITED TO: DISRUPTIONS IN FACILITY PROGRAMS;
CONTINUOUSLY AND MALICIOUSLY DESTROYING PROPERTY; OR REPEATEDLY COMMIT-
TING OR INCITING OTHER YOUTH TO COMMIT ASSAULTIVE OR DESTRUCTIVE ACTS.
(E) ONCE THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS PROVIDED
NOTICE PURSUANT TO SUBDIVISION FIFTEEN-A OF SECTION FIVE HUNDRED ONE OF
THE EXECUTIVE LAW, TO CLOSE ITS NON-SECURE FACILITIES, TO MAKE SIGNIF-
ICANT SERVICE REDUCTIONS AND PUBLIC EMPLOYEE STAFFING REDUCTIONS AND/OR
TO TRANSFER OPERATIONS OF ANY NON-SECURE FACILITIES OPERATED BY SUCH
OFFICE, SUCH OFFICE SHALL FILE PETITIONS TO TRANSFER CUSTODY OF ALL OF
S. 2607--A 53 A. 3007--A
THE YOUTH IN THE OFFICE'S CUSTODY WHO ARE CURRENTLY PLACED IN A NON-SE-
CURE SETTING, OR WHO ARE CONDITIONALLY RELEASED FROM SUCH A SETTING, TO
THE APPLICABLE LOCAL COMMISSIONER OF SOCIAL SERVICES. SUCH A PETITION
SHALL BE PROVIDED TO THE RESPONDENT, THE ATTORNEY FOR THE RESPONDENT,
THE RESPONDENT'S PARENT OR LEGAL GUARDIAN AND THE SOCIAL SERVICES
DISTRICT. THE FAMILY COURT SHALL GRANT SUCH A PETITION, WITHOUT A HEAR-
ING, UNLESS THE ATTORNEY FOR THE RESPONDENT, AFTER NOTICE, REQUESTS A
HEARING AND OBJECTS TO THE TRANSFER ON THE BASIS THAT THE RESPONDENT
NEEDS TO BE PLACED WITH THE OFFICE IN A LIMITED SECURE OR SECURE LEVEL
OF CARE. THE FAMILY COURT SHALL GRANT THE PETITION UNLESS THE COURT
DETERMINES, AND STATES IN ITS WRITTEN ORDER, THE REASONS WHY A LIMITED
SECURE OR SECURE LEVEL OF PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS AND BEST INTERESTS OF THE RESPONDENT AND THE NEED FOR PROTECTION
OF THE COMMUNITY. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
THE FAMILY COURT SHALL DETERMINE SUCH A PETITION WITHIN TEN CALENDAR
DAYS OF THE DATE THE OFFICE FILES SAID PETITION.
(F) IF THE OFFICE OF CHILDREN AND FAMILY SERVICES DETERMINES THAT A
NON-SECURE LEVEL OF CARE OR PLACEMENT IS APPROPRIATE AND CONSISTENT WITH
THE NEED FOR PROTECTION OF THE COMMUNITY AND THE NEEDS AND BEST INTER-
ESTS OF A RESPONDENT WHO IS IN THEIR CUSTODY AND PLACED AT EITHER A
LIMITED SECURE OR SECURE FACILITY FROM A FAMILY COURT WITHIN A SOCIAL
SERVICES DISTRICT THAT IS NOT OPERATING AN APPROVED JUVENILE JUSTICE
SERVICES CLOSE TO HOME INITIATIVE PURSUANT TO SECTION FOUR HUNDRED FOUR
OF THE SOCIAL SERVICES LAW, SUCH OFFICE SHALL PETITION THE COURT TO
TRANSFER CUSTODY OF SUCH RESPONDENT TO THE APPLICABLE LOCAL COMMISSIONER
OF SOCIAL SERVICES AND SHALL PROVIDE A COPY OF THE PETITION TO THE
SOCIAL SERVICES DISTRICT, THE ATTORNEY FOR THE RESPONDENT AND THE
PRESENTMENT AGENCY. THE FAMILY COURT SHALL, AFTER ALLOWING THE SOCIAL
SERVICES DISTRICT, THE ATTORNEY FOR THE RESPONDENT AND THE PRESENTMENT
AGENCY AN OPPORTUNITY TO BE HEARD, GRANT SUCH A PETITION UNLESS THE
COURT DETERMINES, AND STATES IN ITS WRITTEN ORDER THE REASONS WHY A
LIMITED SECURE OR SECURE PLACEMENT IS NECESSARY AND CONSISTENT WITH THE
NEEDS AND BEST INTEREST OF THE RESPONDENT AND THE NEED FOR PROTECTION OF
THE COMMUNITY.
S 17. This act shall take effect immediately, provided however that
sections seven through fifteen of this act shall take effect May 1, 2013
and provided further, however, that sections one, two, four, five and
six of this act shall take effect March 31, 2014; and provided further
that:
(a) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision 4 of section 353.5 of the family court act made by section
eleven of this act shall not affect the expiration of such subdivision
and shall be deemed to expire therewith;
(b) the amendments to subparagraphs (i), (iii) and (iv) of paragraph
(c) of subdivision 4 of section 353.5 of the family court act made by
section twelve of this act shall not affect the expiration of such
subdivision and shall be deemed to expire therewith;
(c) the amendments to paragraph (d) of subdivision 4 of section 353.5
of the family court act made by section thirteen of this act shall not
affect the expiration of such subdivision and shall be deemed to expire
therewith;
(d) the amendments to subparagraphs (iii) and (iv) of paragraph (a) of
subdivision 5 of section 353.5 of the family court act made by section
fourteen of this act shall not affect the expiration of such subdivision
and shall be deemed to expire therewith;
S. 2607--A 54 A. 3007--A
(e) the amendments to subparagraphs (i), (iii) and (iv) of paragraph
(c) and paragraph (d) of subdivision 5 of section 353.5 of the family
court act made by section fifteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith;
(f) the amendments to subdivision 2 of section 355.1 of the family
court act made by section sixteen of this act shall not affect the expi-
ration of such subdivision and shall be deemed to expire therewith.
SUBPART B
Section 1. Subdivision 1 of section 505 of the executive law, as
amended by chapter 465 of the laws of 1992, is amended to read as
follows:
1. There shall be a facility director of each [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be
in the noncompetitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the civil service law. The
facility director shall have [two years] SUCH experience [in appropriate
titles in state government. Such facility director shall have such] AND
other qualifications as may be prescribed by the [director] DIRECTOR OF
CLASSIFICATION AND COMPENSATION WITHIN THE DEPARTMENT OF CIVIL SERVICE
IN CONSULTATION WITH THE COMMISSIONER of the [division] OFFICE OF CHIL-
DREN AND FAMILY SERVICES, based on differences in duties, levels of
responsibility, size and character of the facility, knowledge, skills
and abilities required, and other factors affecting the position [and].
SUCH FACILITY DIRECTOR shall serve at the pleasure of the [director]
COMMISSIONER of the [division] OFFICE.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
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 I
Section 1. Sections 46, 47, 48, 49, 50 and 74 of the executive law are
REPEALED.
S 2. Section 51 of the executive law, as added by chapter 766 of the
laws of 2005, is amended to read as follows:
S 51. Jurisdiction. This article shall, subject to the limitations
contained herein, confer upon the office of the state inspector general,
jurisdiction over all covered agencies. For the purposes of this article
"covered agency" shall include all executive branch agencies, depart-
ments, divisions, officers, boards and commissions, public authorities
(other than multi-state or multi-national authorities), [and] public
S. 2607--A 55 A. 3007--A
benefit corporations, the heads of which are appointed by the governor
and which do not have their own inspector general by statute, AND LOCAL
SOCIAL SERVICES DISTRICTS. Wherever a covered agency is a board,
commission, a public authority or public benefit corporation, the head
of the agency is the chairperson thereof. FOR PURPOSES OF THIS SECTION,
"LOCAL SOCIAL SERVICES DISTRICTS" SHALL INCLUDE CONTRACTEES OR RECIPI-
ENTS OF PUBLIC ASSISTANCE SERVICES.
S 3. Subdivisions 6 and 7 of section 53 of the executive law, as added
by chapter 766 of the laws of 2005, are amended to read as follows:
6. recommend remedial action to prevent or eliminate corruption,
fraud, criminal activity, conflicts of interest or abuse in covered
agencies AND OFFICES AND AGENCIES ADMINISTERING OR SUPPORTING PROGRAMS
OF THE DEPARTMENT OF FAMILY ASSISTANCE;
7. establish programs for training state AND LOCAL officers and
employees OF COVERED AGENCIES regarding the prevention and elimination
of corruption, fraud, criminal activity, conflicts of interest or abuse
in covered agencies.
S 4. Section 54 of the executive law, as added by chapter 766 of the
laws of 2005, is amended to read as follows:
S 54. Powers. The state inspector general shall have the power to:
1. subpoena and enforce the attendance of witnesses;
2. administer oaths or affirmations and examine witnesses under oath;
3. require the production of any books and papers deemed relevant or
material to any investigation, examination or review;
4. notwithstanding any law to the contrary, examine and copy or remove
documents or records of any kind prepared, maintained or held by any
covered agency;
5. require any officer or employee in a covered agency, OR IN ANY
OFFICE OR AGENCY ADMINISTERING OR SUPPORTING ANY PROGRAM OF THE DEPART-
MENT OF FAMILY ASSISTANCE, to answer questions concerning any matter
related to the performance of his or her official duties. No statement
or other evidence derived therefrom may be used against such officer or
employee in any subsequent criminal prosecution other than for perjury
or contempt arising from such testimony. The refusal of any officer or
employee to answer questions shall be cause for removal from office or
employment or other appropriate penalty;
6. monitor the implementation by covered agencies AND BY OFFICES AND
AGENCIES ADMINISTERING OR SUPPORTING PROGRAMS OF THE DEPARTMENT OF FAMI-
LY ASSISTANCE of any recommendations made by THE state inspector gener-
al;
7. perform any other functions that are necessary or appropriate to
fulfill the duties and responsibilities of office[.];
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, NO PERSON SHALL PREVENT, SEEK TO PREVENT, INTERFERE WITH,
OBSTRUCT OR OTHERWISE HINDER ANY INVESTIGATION BEING CONDUCTED PURSUANT
TO THIS SECTION. SECTION ONE HUNDRED THIRTY-SIX OF THE SOCIAL SERVICES
LAW SHALL IN NO WAY BE CONSTRUED TO RESTRICT ANY PERSON OR GOVERNMENTAL
BODY FROM COOPERATING WITH AND ASSISTING THE INSPECTOR GENERAL OR HIS OR
HER EMPLOYEES IN CARRYING OUT THEIR DUTIES UNDER THIS SECTION. ANY
VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE CAUSE FOR SUSPENSION OR
REMOVAL FROM OFFICE OR EMPLOYMENT;
S 5. Subdivisions 3 and 7 of section 32 of the public health law,
subdivision 3 as amended by chapter 109 of the laws of 2007 and subdivi-
sion 7 as added by chapter 442 of the laws of 2006, are amended to read
as follows:
S. 2607--A 56 A. 3007--A
3. to coordinate, to the greatest extent possible, activities to
prevent, detect and investigate medical assistance program fraud and
abuse amongst the following: the department; the offices of mental
health, [mental retardation and] PEOPLE WITH developmental disabilities,
alcoholism and substance abuse services, temporary disability assist-
ance, and children and family services; the commission on quality of
care and advocacy for persons with disabilities; the department of
education; the fiscal agent employed to operate the medical assistance
information and payment system; local governments and entities; and to
work in a coordinated and cooperative manner with, to the greatest
extent possible, the deputy attorney general for Medicaid fraud control;
the [welfare] STATE inspector general, federal prosecutors, district
attorneys within the state, the special investigative unit maintained by
each health insurer operating within the state, and the state comp-
troller;
7. to make information and evidence relating to suspected criminal
acts which he or she may obtain in carrying out his or her duties avail-
able to appropriate law enforcement officials and to consult with the
deputy attorney general for Medicaid fraud control[, the welfare inspec-
tor general,] and other state and federal law enforcement officials for
coordination of criminal investigations and prosecutions.
The inspector shall refer suspected fraud or criminality to the deputy
attorney general for Medicaid fraud control and make any other referrals
to such deputy attorney general as required or contemplated by federal
law. At any time after such referral, with ten days written notice to
the deputy attorney general for Medicaid fraud control or such shorter
time as such deputy attorney general consents to, the inspector may
additionally provide relevant information about suspected fraud or
criminality to any other federal or state law enforcement agency that
the inspector deems appropriate under the circumstances;
S 6. Subdivision 2 of section 23 of the social services law, as added
by chapter 545 of the laws of 1978, is amended to read as follows:
2. Notwithstanding any law to the contrary, the department, upon
request by the office of [welfare] THE STATE inspector general, shall
provide said office with such information it receives from the wage
reporting system operated by the department of taxation and finance that
the office of [welfare] THE STATE inspector general deems necessary to
carry out its functions and duties under article [four] FOUR-A of the
executive law.
S 7. Subdivision 2 of section 136 of the social services law, as
amended by section 24 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
2. All communications and information relating to a person receiving
public assistance or care obtained by any social services official,
service officer, or employee in the course of his or her work shall be
considered confidential and, except as otherwise provided in this
section, shall be disclosed only to the commissioner, or his or her
authorized representative, the commissioner of labor, or his or her
authorized representative, the commissioner of health, or his or her
authorized representative, the [welfare] STATE inspector general, or his
or her authorized representative, the county board of supervisors, city
council, town board or other board or body authorized and required to
appropriate funds for public assistance and care in and for such county,
city or town or its authorized representative or, by authority of the
county, city or town social services official, to a person or agency
considered entitled to such information. Nothing herein shall preclude a
S. 2607--A 57 A. 3007--A
social services official from reporting to an appropriate agency or
official, including law enforcement agencies or officials, known or
suspected instances of physical or mental injury, sexual abuse or
exploitation, sexual contact with a minor or negligent treatment or
maltreatment of a child of which the official becomes aware in the
administration of public assistance and care nor shall it preclude
communication with the federal immigration and naturalization service
regarding the immigration status of any individual.
S 8. Transfer of employees. Notwithstanding any other provision of
law, rule, or regulation to the contrary, upon the transfer of functions
from the office of the welfare inspector general to the office of the
state inspector general pursuant to this act, all employees of the
office of the welfare inspector general shall be transferred to the
office of the state inspector general. Employees transferred pursuant to
this act shall be transferred without further examination or qualifica-
tion and shall retain their respective civil service classifications,
status and collective bargaining unit designations and collective
bargaining agreements.
S 9. Transfer of records. All books, papers, and property of the
office of the welfare inspector general, except those required to be
retained by the New York state attorney general for investigation and
prosecution of pending cases, shall be delivered to the office of the
state inspector general. All books, papers, and property of the office
of the welfare inspector general shall continue to be maintained by the
office of the state inspector general.
S 10. Continuity of authority. For the purpose of succession of all
functions, powers, duties and obligations transferred and assigned to,
devolved upon and assumed by it pursuant to this act, the office of the
state inspector general shall be deemed and held to constitute the
continuation of the office of the welfare inspector general.
S 11. Completion of unfinished business. Any business or other matter
undertaken or commenced by the office of the welfare inspector general
pertaining to or connected with the functions, powers, obligations and
duties hereby transferred and assigned to the office of the state
inspector general and pending on the effective date of this act may be
conducted and completed by the office of the state inspector general in
the same manner and under the same terms and conditions and with the
same effect as if conducted and completed by the office of the welfare
inspector general, except the office of the state inspector general
shall have no authority to prosecute any pending cases.
S 12. Continuation of rules and regulations. All rules, regulations,
acts, orders, determinations, and decisions of the office of the welfare
inspector general pertaining to the functions and powers herein trans-
ferred and assigned, in force at the time of such transfer and assump-
tion, shall continue in full force and effect as rules, regulations,
acts, orders, determinations and decisions of the office of the state
inspector general until duly modified or abrogated by the state inspec-
tor general.
S 13. Terms occurring in laws, contracts and other documents. Whenev-
er the office of the welfare inspector general or the welfare inspector
general is referred to or designated in any law, contract or document
pertaining to the functions, powers, obligations and duties hereby
transferred to and assigned to the office of the state inspector general
or the state inspector general, such reference or designation shall be
deemed to refer to the office of the state inspector general or the
state inspector general, as applicable.
S. 2607--A 58 A. 3007--A
S 14. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired or affected by any
provisions of this act.
S 15. Pending actions and proceedings. No action or proceeding pending
at the time when this act shall take effect, brought by or against the
office of the welfare inspector general or the welfare inspector gener-
al, shall be affected by any provision of this act, but the same may be
prosecuted or defended in the name of the state inspector general or the
office of the state inspector general, except the office of the state
inspector general shall have no authority to prosecute any pending
cases. In all such actions and proceedings, the state inspector general,
upon application of the court, shall be substituted as a party.
S 16. Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the office of the welfare inspec-
tor general to the extent of remaining unexpended or unencumbered
balance thereof, whether allocated or unallocated and whether obligated
or unobligated, are hereby transferred to and made available for use and
expenditure by the office of the state inspector general subject to the
approval of the director of the budget for the same purposes for which
originally appropriated or reappropriated and shall be payable on vouch-
ers certified or approved by the state inspector general on audit and
warrant of the comptroller.
S 17. Transfer of assets and liabilities. All assets and liabilities
of the office of the welfare inspector general are hereby transferred to
and assumed by the office of the state inspector general.
S 18. This act shall take effect immediately.
PART J
Section 1. Paragraph (b) of subdivision 3 of section 425 of the real
property tax law, as amended by section 1 of part B of chapter 389 of
the laws of 1997, is amended to read as follows:
(b) Primary residence. The property must serve as the primary resi-
dence of one or more of the owners thereof. THE COMMISSIONER SHALL
ESTABLISH GUIDELINES FOR DETERMINING WHAT CONSTITUTES A PRIMARY RESI-
DENCE FOR PURPOSES OF THIS SECTION. SUCH GUIDELINES SHALL BE BINDING
UPON APPLICANTS, ASSESSORS AND ALL OTHER PARTIES FOR PURPOSES OF THE
ADMINISTRATION OF THE EXEMPTION AUTHORIZED BY THIS SECTION.
S 2. Subdivisions 12 and 13 of section 425 of the real property tax
law, as amended by section 1 of part B of chapter 389 of the laws of
1997, paragraph (a) of subdivision 12 as amended by section 12 of part W
of chapter 56 of the laws of 2010, paragraph (b) of subdivision 12 as
amended and paragraph (d) of subdivision 12 as added by section 1 of
part N of chapter 58 of the laws of 2011 and paragraph (d) of subdivi-
sion 13 as added by section 2 of part N of chapter 58 of the laws of
2011, are amended and two new subdivisions 14 and 15 are added to read
as follows:
12. Revocation of prior exemptions. (a) Generally. In addition to
discontinuing the exemption on the next ensuing tentative assessment
roll, if the assessor determines that the property improperly received
the exemption on one or more of the [three] TEN preceding assessment
rolls, or is advised by the department that the applicable income stand-
ard was not satisfied with regard to a property which received the
enhanced exemption on one or more of those rolls, he or she shall
proceed to revoke the improperly granted prior exemption or exemptions.
If the assessor is advised that the department was unable to verify the
S. 2607--A 59 A. 3007--A
income eligibility of one or more participants in the income verifica-
tion program, the assessor shall mail that person or those persons a
notice in a form prescribed by the department requesting that the person
or persons document their income in the same manner and to the same
extent as if the person or persons were submitting an initial applica-
tion for the enhanced STAR exemption. If such income documentation is
not provided within forty-five days of such request, or if the documen-
tation provided does not establish the eligibility of the person or
persons to the assessor's satisfaction, the assessor shall treat the
exemption as an improperly granted exemption and proceed in the manner
provided by this subdivision.
(b) Procedure. The assessed value attributable to each such improperly
granted exemption shall be entered separately on the next ensuing tenta-
tive or final assessment roll. The provisions of section five hundred
fifty-one or five hundred fifty-three of this chapter, relating to the
entry by the assessor of omitted real property on a tentative or final
assessment roll, shall apply so far as practicable to the revocation
procedure IN THIS SUBDIVISION, except that:
(I) the tax rate to be applied to any revoked exemption shall be the
tax rate that was applied to the corresponding assessment roll, [and
that]
(II) interest shall then be added to each such product at the rate
prescribed by section nine hundred twenty-four-a of this chapter or such
other law as may be applicable for each month or portion thereon since
the levy of taxes upon the assessment roll or rolls upon which the
exemption was granted, AND
(III) A PROCESSING FEE OF FIVE HUNDRED DOLLARS SHALL BE ADDED. SUCH
PROCESSING FEE IMPOSED PURSUANT TO THIS SUBDIVISION SHALL BE RETAINED BY
THE ASSESSING UNIT.
(c) Rights of owners. Each owner or owners shall be given notice of
the possible revocation UNDER THIS SUBDIVISION of their exemption or
exemptions at the time and in the manner provided by section five
hundred ten or five hundred fifty-three of this chapter, and shall be
entitled to seek administrative and judicial review of such action in
the manner provided by law.
(d) Applicability. The provisions of this subdivision shall not be
applicable to the extent that the prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
13. Penalty for material misstatements. (a) Generally. If the assessor
should determine, within [three] TEN years from the filing of an appli-
cation for exemption pursuant to this section, that there was a material
misstatement on the application, he or she shall proceed to impose a
penalty tax against the property of [one hundred dollars] EITHER TWENTY
PERCENT OF THE TOTAL AMOUNT OF THE IMPROPERLY RECEIVED TAX SAVINGS, OR
ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. An application shall be
deemed to contain a material misstatement for this purpose when either:
(i) the applicant or applicants claimed that the property was their
primary residence, when it was not; or
(ii) THE APPLICANT OR APPLICANTS CLAIMED THAT THEY HAD RELINQUISHED
THE STAR EXEMPTION ON THEIR FORMER PRIMARY RESIDENCE, WHEN THEY HAD NOT;
OR
(III) in the case of an application for the enhanced exemption for
property owned by senior citizens, the applicant or applicants misrepre-
sented their age or income so as to appear eligible for such exemption,
when they were not.
S. 2607--A 60 A. 3007--A
(b) Procedure. When the assessor determines that a penalty tax should
be imposed, the penalty tax shall be entered on the next ensuing tenta-
tive or final assessment roll. The procedures set forth in section five
hundred fifty-one or five hundred fifty-three of this chapter, relating
to the entry by the assessor of omitted real property on a tentative or
final assessment roll, shall apply so far as practicable when imposing a
penalty tax pursuant to this subdivision. Each owner or owners shall be
given notice of the possible imposition of a penalty tax at the time and
in the manner provided by section five hundred ten or five hundred
fifty-three of this chapter, and shall be entitled to seek administra-
tive and judicial review of such action in the manner provided by law.
Any penalty tax imposed pursuant to this subdivision shall be retained
by the assessing unit.
(c) Additional consequences. A penalty tax may be imposed pursuant to
this subdivision whether or not the improper exemption has been revoked
in the manner provided by this section. In addition, a person or persons
who are found to have made a material misstatement shall be disqualified
from further exemption pursuant to this section for a period of [five]
TEN years, and may be subject to prosecution pursuant to the penal law.
(d) Applicability. The provisions of this subdivision shall not be
applicable to the extent that the prior exemptions shall have been
renounced pursuant to section four hundred ninety-six of this article.
14. STAR REGISTRATION PROGRAM. (A) THE COMMISSIONER SHALL ESTABLISH
AND IMPLEMENT A PROGRAM UNDER WHICH ALL OWNERS OF PROPERTIES INITIALLY
APPLYING FOR AND THOSE RECEIVING A BASIC STAR EXEMPTION SHALL BE
REQUIRED TO BE REGISTERED WITH THE COMMISSIONER IN THE MANNER, AT SUCH
INTERVALS, AND BY THE DATE OR DATES PRESCRIBED BY THE COMMISSIONER.
(B) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMIS-
SIONER SHALL DIRECT THE REMOVAL OR DENIAL OF A STAR EXEMPTION IF HE OR
SHE FINDS THAT ONE OR MORE OF THE FOLLOWING CONDITIONS EXIST:
(I) ALL OWNERS OF THE PROPERTY HAVE NOT BEEN REGISTERED BY THE
PRESCRIBED DATE AND NO ACCEPTABLE JUSTIFICATION HAS BEEN PRESENTED FOR
SUCH FAILURE;
(II) THE OWNERS OF THE PROPERTY ARE IMPROPERLY RECEIVING MULTIPLE STAR
EXEMPTIONS;
(III) THE PROPERTY DOES NOT SERVE AS THE PRIMARY RESIDENCE OF ANY OF
ITS OWNERS;
(IV) THE APPLICABLE INCOME LIMITATION HAS BEEN EXCEEDED; OR
(V) THE PROPERTY IS OTHERWISE INELIGIBLE FOR THE STAR EXEMPTION.
(C) PRIOR TO DIRECTING THAT A STAR EXEMPTION BE REMOVED OR DENIED
PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER SHALL PROVIDE THE PROPER-
TY OWNERS WITH NOTICE AND AN OPPORTUNITY TO SHOW THE COMMISSIONER THAT
THE PROPERTY IS ELIGIBLE TO RECEIVE THE EXEMPTION. IF THE OWNERS FAIL TO
RESPOND TO SUCH NOTICE, OR IF THEIR RESPONSE DOES NOT SHOW TO THE
COMMISSIONER'S SATISFACTION THAT THE PROPERTY IS ELIGIBLE FOR THE
EXEMPTION, THE COMMISSIONER SHALL DIRECT THE ASSESSOR OR OTHER PERSON
HAVING CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL TO REMOVE
OR DENY THE EXEMPTION, AND TO CORRECT THE ROLL ACCORDINGLY. SUCH A
DIRECTIVE SHALL BE BINDING UPON THE ASSESSOR OR OTHER PERSON HAVING
CUSTODY OR CONTROL OF THE ASSESSMENT ROLL OR TAX ROLL, AND SHALL BE
IMPLEMENTED BY SUCH PERSON WITHOUT THE NEED FOR FURTHER DOCUMENTATION OR
APPROVAL.
(D) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION SIX
OF THIS SECTION, NEITHER AN ASSESSOR NOR A BOARD OF ASSESSMENT REVIEW
HAS THE AUTHORITY TO CONSIDER AN OBJECTION TO THE REMOVAL OR DENIAL OF
AN EXEMPTION PURSUANT TO THIS SUBDIVISION, NOR MAY SUCH AN ACTION BE
S. 2607--A 61 A. 3007--A
REVIEWED IN A PROCEEDING TO REVIEW AN ASSESSMENT PURSUANT TO TITLE ONE
OR ONE-A OF ARTICLE SEVEN OF THIS CHAPTER. SUCH AN ACTION MAY ONLY BE
CHALLENGED BEFORE THE DEPARTMENT OF TAXATION AND FINANCE ON THE GROUNDS
OF A MISTAKE OF FACT. THE TAXPAYER SHALL HAVE NO RIGHT TO COMMENCE A
COURT ACTION, ADMINISTRATIVE PROCEEDING OR ANY OTHER FORM OF LEGAL
RECOURSE AGAINST THE COMMISSIONER, THE DEPARTMENT OF TAXATION AND
FINANCE, ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE
ASSESSMENT ROLL OR TAX ROLL REGARDING SUCH ACTION.
(E) THE COMMISSIONER SHALL BE ENTITLED TO UTILIZE INFORMATION FROM ANY
FILINGS OF A TAXPAYER WITH THE DEPARTMENT OF TAXATION AND FINANCE IN
CONJUNCTION WITH THE STAR REGISTRATION PROGRAM. THE DISCLOSURE TO THE
ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL OF NAMES AND ADDRESSES OF PROPERTY OWNERS AFFECTED BY
THIS SUBDIVISION, COLLECTED FROM THE REGISTRATION PROCESS AND OTHER
FILINGS WITH THE DEPARTMENT OF TAXATION AND FINANCE SHALL NOT CONSTITUTE
A VIOLATION OF THE SECRECY PROVISIONS OF THE TAX LAW. THE COMMISSIONER
SHALL PROVIDE NO OTHER INFORMATION ABOUT THE INCOME OF A TAXPAYER TO THE
ASSESSOR OR OTHER PERSON HAVING CUSTODY OR CONTROL OF THE ASSESSMENT
ROLL OR TAX ROLL.
15. DISCLOSURE OF CERTAIN DATA. THE COMMISSIONER IS AUTHORIZED TO
DISCLOSE TO ASSESSORS AND COUNTY DIRECTORS OF REAL PROPERTY TAX SERVICES
SUCH DATA AS HE OR SHE DEEMS NECESSARY TO THE EFFECTIVE ADMINISTRATION
OF THE STAR EXEMPTION AUTHORIZED BY THIS SECTION, NOTWITHSTANDING THE
SECRECY PROVISIONS OF THE TAX LAW, PROVIDED THAT THE DATA SO DISCLOSED
SHALL NOT BE SUBJECT TO FURTHER DISCLOSURE UNDER ARTICLE SIX OF THE
PUBLIC OFFICERS LAW OR OTHERWISE.
S 3. This act shall take effect April 1, 2013.
PART K
Section 1. Articles 16 and 17 of the private housing finance law are
REPEALED.
S 2. The private housing finance law is amended by adding a new arti-
cle 27 to read as follows:
ARTICLE XXVII
COMMUNITY PRESERVATION PROGRAM
SECTION 1230. PURPOSE.
1231. DEFINITIONS.
1232. PROGRAM CONTRACTS.
1233. TECHNICAL SERVICES AND ASSISTANCE TO COMMUNITY PRESERVA-
TION CORPORATIONS.
1234. RULES AND REGULATIONS.
1235. ANNUAL REPORT.
1236. RELATIONSHIP TO OTHER LAWS.
S 1230. PURPOSE. THERE CONTINUES TO EXIST IN ALL AREAS OF THE STATE
SIGNIFICANT UNMET HOUSING NEEDS OF PERSONS AND FAMILIES OF LOW OR MODER-
ATE INCOME, NUMEROUS HOUSING UNITS WHICH ARE DETERIORATING OR IN NEED OF
REHABILITATION OR IMPROVEMENT, AND RELATED FACTORS DEMONSTRATING A NEED
FOR ATTENTION TO HOUSING PRESERVATION AND COMMUNITY REVITALIZATION. IT
IS THE PURPOSE OF THIS ARTICLE TO ESTABLISH A COMMUNITY PRESERVATION
PROGRAM WITHIN THE HOUSING TRUST FUND CORPORATION.
S 1231. DEFINITIONS. AS USED IN THIS ARTICLE:
1. "HOUSING TRUST FUND CORPORATION" SHALL MEAN THE HOUSING TRUST FUND
CORPORATION AS CREATED BY SECTION FORTY-FIVE-A OF THIS CHAPTER.
2. "COMMUNITY PRESERVATION CORPORATION" SHALL MEAN A CORPORATION
ORGANIZED UNDER THE PROVISIONS OF THE NOT-FOR-PROFIT CORPORATION LAW
S. 2607--A 62 A. 3007--A
THAT HAS BEEN ENGAGED PRIMARILY IN HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION.
3. "ELIGIBLE APPLICANT" SHALL MEAN ANY COMMUNITY CORPORATION OR COMBI-
NATION OF CORPORATIONS IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS
PRIOR TO APPLICATION.
4. "REGION" SHALL MEAN ANY COMMUNITY AREA WITHIN THE STATE SUCH AS A
COUNTY, CITY, TOWN, VILLAGE, POSTAL ZONE, OR CENSUS TRACT OR ANY SPECI-
FIED PART OR COMBINATION THEREOF AS APPROVED BY THE HOUSING TRUST FUND
CORPORATION, WITHIN WHICH HOUSING AND COMMUNITY RENEWAL ACTIVITIES FUND-
ED IN PART PURSUANT TO THIS ARTICLE ARE TO BE CARRIED OUT.
5. "HOUSING PRESERVATION AND COMMUNITY RENEWAL ACTIVITIES" SHALL MEAN
ACTIVITIES ENGAGED IN BY A COMMUNITY PRESERVATION CORPORATION WITHIN A
REGION, PROVIDED, HOWEVER, THAT THE HOUSING TRUST FUND CORPORATION MAY
ALLOW A COMMUNITY PRESERVATION CORPORATION TO ENGAGE IN SUCH ACTIVITIES
IN UNSERVED AND UNDERSERVED AREAS OF A MUNICIPALITY LYING OUTSIDE OF ITS
DESIGNATED REGION, THAT INCLUDE: (A) THE NEW CONSTRUCTION OR THE ACQUI-
SITION, MAINTENANCE, PRESERVATION, REPAIR, REHABILITATION OR OTHER
IMPROVEMENT OF VACANT OR OCCUPIED HOUSING ACCOMMODATIONS; DEMOLITION OR
SEALING OF VACANT STRUCTURES WHERE NECESSARY OR APPROPRIATE; DISPOSITION
OF HOUSING ACCOMMODATIONS TO PRESENT OR POTENTIAL OCCUPANTS OR CO-OPERA-
TIVE ORGANIZATIONS; TRAINING OR OTHER FORMS OF ASSISTANCE TO OCCUPANTS
OF HOUSING ACCOMMODATIONS; AND MANAGEMENT OF HOUSING ACCOMMODATIONS AS
AGENT FOR THE OWNERS, RECEIVERS, ADMINISTRATORS OR MUNICIPALITIES; OR
(B) ACTIVITIES, SIMILAR TO THOSE SPECIFIED IN PARAGRAPH (A) OF THIS
SUBDIVISION, AIMED AT ACCOMPLISHING SIMILAR PURPOSES AND MEETING SIMILAR
NEEDS WITH RESPECT TO RETAIL AND SERVICE ESTABLISHMENTS WITHIN A REGION
WHEN CARRIED OUT IN CONNECTION WITH AND INCIDENTAL TO A PROGRAM OF HOUS-
ING RELATED ACTIVITIES.
6. "PERSONS OF LOW INCOME" SHALL MEAN INDIVIDUALS AND FAMILIES WHOSE
ANNUAL INCOMES DO NOT EXCEED NINETY PERCENT OF THE MEDIAN ANNUAL INCOME
FOR ALL RESIDENTS OF THE REGION WITHIN WHICH THEY RESIDE OR A LARGER
AREA ENCOMPASSING SUCH REGION FOR WHICH MEDIAN ANNUAL INCOME CAN BE
DETERMINED.
7. "MERGED CORPORATION" SHALL MEAN A COMMUNITY PRESERVATION CORPO-
RATION MAINTAINING A CONTRACT PURSUANT TO THIS ARTICLE THAT HAS UNDER-
GONE A MERGER WITH ONE OR MORE OTHER COMMUNITY PRESERVATION CORPO-
RATIONS, WHICH IS ALSO MAINTAINING A CONTRACT PURSUANT TO THIS ARTICLE,
THAT HAS LED THE MERGED CORPORATION TO REDUCE THE NUMBER OF CONTRACTS
BEING MAINTAINED WITH THE HOUSING TRUST FUND CORPORATION PURSUANT TO
THIS ARTICLE TO A TOTAL OF ONE.
8. "UNMERGED CORPORATION" SHALL MEAN A COMMUNITY PRESERVATION CORPO-
RATION THAT IS NOT A MERGED CORPORATION.
S 1232. PROGRAM CONTRACTS. 1. IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, AN ELIGIBLE APPLICANT SHALL SUBMIT A PROPOSAL
BASED ON CRITERIA AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
2. WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE COMMUNITY PRESERVATION
APPROPRIATION, THE HOUSING TRUST FUND CORPORATION MAY ENTER INTO
CONTRACTS WITH CORPORATIONS TO PROVIDE HOUSING PRESERVATION AND COMMUNI-
TY RENEWAL ACTIVITIES.
3. IN DETERMINING TO ENTER INTO A CONTRACT WITH A COMMUNITY PRESERVA-
TION CORPORATION OR CORPORATIONS PURSUANT TO THIS ARTICLE THE HOUSING
TRUST FUND CORPORATION SHALL DETERMINE THAT THE DEMOGRAPHIC AND OTHER
RELEVANT DATA PERTAINING TO A REGION AS SPECIFIED IN THE CONTRACT INDI-
CATE THAT SUCH REGION CONTAINS SIGNIFICANT UNMET HOUSING NEEDS OF
PERSONS OF LOW INCOME, THAT THE HOUSING STOCK OF SUCH REGION, BECAUSE OF
ITS AGE, DETERIORATION, OR OTHER FACTORS, REQUIRES IMPROVEMENT IN ORDER
S. 2607--A 63 A. 3007--A
TO PRESERVE THE COMMUNITIES WITHIN THE REGION AND THAT THE CORPORATION
PROPOSES TO ASSIST SUCH REGION THROUGH ACTIVE INTERVENTION TO EFFECT THE
REGION'S PRESERVATION, STABILIZATION OR IMPROVEMENT. THE HOUSING TRUST
FUND CORPORATION SHALL ALSO DETERMINE THAT THE COMMUNITY PRESERVATION
CORPORATION POSSESSES OR WILL ACQUIRE OR GAIN ACCESS TO THE REQUISITE
STAFF, OFFICE FACILITIES WITHIN SUCH COMMUNITY, EQUIPMENT AND EXPERTISE
TO ENABLE IT TO PERFORM THE ACTIVITIES WHICH IT PROPOSES TO UNDERTAKE
PURSUANT TO SUCH CONTRACT; PROVIDED, HOWEVER, THAT THE MERGED CORPO-
RATION'S OFFICE FACILITIES MAY BE LOCATED OUTSIDE SUCH COMMUNITY IF THEY
ARE LOCATED IN A COMMUNITY WHOLLY CONTAINED WITHIN THE MERGED CORPO-
RATION'S COMMUNITY, AND PROVIDED FURTHER, HOWEVER, THAT IT SHALL NOT BE
A BAR TO THE HOUSING TRUST FUND CORPORATION'S CONTRACTING WITH A COMMU-
NITY PRESERVATION CORPORATION THAT ONE OR MORE ORGANIZATIONS, WHETHER
PURSUANT TO CONTRACT WITH THE HOUSING TRUST FUND CORPORATION OR NOT, ARE
CONDUCTING COMMUNITY PRESERVATION ACTIVITIES WHOLLY OR PARTIALLY WITHIN
THE SAME COMMUNITY. THE COMMUNITY PRESERVATION CORPORATION'S OFFICERS,
DIRECTORS AND MEMBERS SHALL BE FAIRLY REPRESENTATIVE OF THE RESIDENTS
AND OTHER LEGITIMATE INTERESTS OF THE COMMUNITY, THAT THEY WILL CARRY
OUT SUCH A CONTRACT IN A RESPONSIBLE MANNER AND THAT AT LEAST
THIRTY-THREE PERCENT OF THE DIRECTORS OF THE COMMUNITY PRESERVATION
CORPORATION ARE RESIDENTS OF THE COMMUNITY.
4. EACH CONTRACT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL PROVIDE
FOR PAYMENT TO THE CORPORATION FOR THE HOUSING PRESERVATION AND COMMUNI-
TY RENEWAL ACTIVITIES TO BE PERFORMED BY IT. PAYMENTS SHALL BE BASED ON
PERFORMANCE CRITERIA ESTABLISHED BY THE HOUSING TRUST FUND CORPORATION.
5. PAYMENT PURSUANT TO THIS ARTICLE SHALL BE RESTRICTED TO SUMS
REQUIRED FOR THE PAYMENT OF SALARIES AND WAGES TO EMPLOYEES OF SUCH
CORPORATIONS WHO ARE ENGAGED IN RENDERING HOUSING PRESERVATION AND
COMMUNITY RENEWAL ACTIVITIES, FEES TO CONSULTANTS AND PROFESSIONALS
RETAINED BY THEM FOR PLANNING AND PERFORMING SUCH ACTIVITIES AND OTHER
COSTS AND EXPENSES DIRECTLY RELATED TO SUCH EMPLOYEES, CONSULTANTS AND
PROFESSIONALS. SUCH FUNDS MAY BE USED FOR PLANNING ANY HOUSING PRESERVA-
TION AND COMMUNITY RENEWAL ACTIVITY AND FOR RENOVATING, REPAIRING,
FURNISHING, EQUIPPING AND OPERATING AN OFFICE FACILITY TO BE USED IN
CONNECTION WITH THE CONDUCT OF HOUSING PRESERVATION AND COMMUNITY
RENEWAL ACTIVITIES BY THE CORPORATION.
6. CONTRACTS PURSUANT TO THIS SECTION SHALL BE FOR A PERIOD TO BE
DETERMINED AT THE DISCRETION OF THE HOUSING TRUST FUND CORPORATION.
7. THE HOUSING TRUST FUND CORPORATION MAY WITHHOLD PAYMENTS AND MAY
ELECT NOT TO RENEW OR EXTEND A CONTRACT OR ENTER A SUCCEEDING CONTRACT
WITH ANY COMMUNITY PRESERVATION CORPORATION IF THE CORPORATION IS NOT IN
COMPLIANCE WITH ITS CONTRACT, HAS FAILED TO SUBMIT DOCUMENTATION
REQUIRED UNDER ITS CONTRACT OR REQUESTED BY THE HOUSING TRUST FUND
CORPORATION OR HAS NOT SATISFIED ANY OTHER CONDITIONS CONSISTENT WITH
THIS ARTICLE FOR RENEWING OR EXTENDING A CONTRACT OR ENTERING A SUCCEED-
ING CONTRACT.
8. THE HOUSING TRUST FUND CORPORATION MAY ENTER INTO CONTRACTS WITH
NEW COMMUNITY PRESERVATION CORPORATIONS TO PERFORM HOUSING PRESERVATION
AND COMMUNITY RENEWAL ACTIVITIES IN A COMMUNITY THAT IS UNSERVED OR
UNDERSERVED AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
9. IF FUNDS ARE NOT COLLECTED BY A COMMUNITY PRESERVATION CORPORATION
OR FUNDS ARE REMAINING FROM A TERMINATED COMMUNITY PRESERVATION
CONTRACT, SUCH FUNDS MAY BE DEPOSITED IN THE MERGED CORPORATION SAVINGS
FUND AND USED TO FUND A NEW COMMUNITY PRESERVATION CORPORATION, MAY BE
REALLOCATED TO THE EXISTING CORPORATIONS, MAY BE USED TO PROVIDE TECHNI-
S. 2607--A 64 A. 3007--A
CAL ASSISTANCE OR MAY BE USED FOR OTHER COMMUNITY PRESERVATION PROGRAM
PURPOSES AS DETERMINED BY THE HOUSING TRUST FUND CORPORATION.
10. WHEN DISBURSING FUNDS FOR CONTRACTS WITH COMMUNITY PRESERVATION
CORPORATIONS, PURSUANT TO THIS ARTICLE, THE HOUSING TRUST FUND CORPO-
RATION SHALL USE THE FOLLOWING CRITERIA, FORMULAS AND TABLES TO DETER-
MINE THE DISTRIBUTION OF FUNDS:
(A) (I) THE TOTAL UNMERGED CORPORATION FUNDING SHALL EQUAL THE CURRENT
NUMBER OF UNMERGED CORPORATION CONTRACTS MULTIPLIED BY THE PER GROUP
AWARD.
(II) THE UNMERGED CORPORATION FUNDING SHALL EQUAL THE PER GROUP AWARD.
(III) THE MERGED CORPORATION FUNDING SHALL EQUAL THE FUNDING MODIFICA-
TION MULTIPLIED BY THE PER GROUP AWARD.
(B) MERGED CORPORATION FUNDING SHALL BE DETERMINED ON AN INDIVIDUAL
BASIS FOR EACH COMMUNITY PRESERVATION CORPORATION. THE FOLLOWING TABLES
SHOW THE FUNDING MODIFICATION TO BE USED:
(I) IN THE CASE OF TWO CORPORATIONS MERGING, THE FOLLOWING TABLE SHALL
BE USED:
YEARS SINCE FUNDING
MERGER MODIFICATION
1 200%
2 190%
3 180%
4 170%
5 160%
6 150%
(II) IN THE CASE OF THREE CORPORATIONS MERGING, THE FOLLOWING TABLE
SHALL BE USED:
YEARS SINCE FUNDING
MERGER MODIFICATION
1 300%
2 290%
3 280%
4 270%
5 260%
6 250%
7 240%
8 230%
9 220%
10 210%
11 200%
(III) IN THE CASE OF FOUR OR MORE CORPORATIONS MERGING, THE FOLLOWING
TABLE SHALL BE USED:
YEARS SINCE FUNDING
MERGER MODIFICATION
1 400%
2 390%
3 380%
4 370%
5 360%
6 350%
7 340%
8 330%
9 320%
10 310%
11 300%
12 290%
S. 2607--A 65 A. 3007--A
13 280%
14 270%
15 260%
16 250%
(C) IF A COMMUNITY PRESERVATION CORPORATION THAT HAS UNDERGONE A MERG-
ER CONTINUES TO RENEW THEIR CONTRACT BEYOND THE TIMEFRAMES LISTED IN THE
ABOVE TABLES, IT SHALL HAVE ITS FUNDING DETERMINED USING THE LAST FUND-
ING MODIFICATION LISTED.
(D) THE MERGED CORPORATION SAVINGS SHALL BE DETERMINED ON AN INDIVID-
UAL BASIS FOR EACH MERGED CORPORATION. IT SHALL BE CALCULATED BY
SUBTRACTING THE AMOUNT OF SUCH CORPORATION'S MERGED CORPORATION FUNDING
FROM THE AMOUNT THE MERGED CORPORATIONS WOULD HAVE RECEIVED IF THEY HAD
MAINTAINED SEPARATE CONTRACTS.
(E) THE PER GROUP AWARD SHALL BE DETERMINED BY DIVIDING THE TOTAL
FUNDING AVAILABLE, MINUS THE AMOUNTS OF ANY CONTRACTS FOR THE PROVISION
OF TECHNICAL ASSISTANCE, BY THE NUMBER OF COMMUNITY PRESERVATION CORPO-
RATIONS DETERMINED TO BE QUALIFIED FOR FUNDING BY THE HOUSING TRUST FUND
CORPORATION AS OF THE EFFECTIVE DATE OF THIS ARTICLE AND SUBSEQUENT
THERETO, WHICH WERE IN EXISTENCE AS OF AUGUST FIRST, TWO THOUSAND
TWELVE, OR WHICH CAME INTO EXISTENCE THEREAFTER, MINUS ANY CORPORATIONS
WHICH HAVE CEASED TO EXIST AND WERE NOT REPLACED OR MERGED.
11. THE HOUSING TRUST FUND CORPORATION SHALL CREATE A FUND TO HOLD AND
SHALL TRANSFER ALL FUNDS DETERMINED TO BE MERGED CORPORATION SAVINGS
PURSUANT TO PARAGRAPH (D) OF SUBDIVISION TEN OF THIS SECTION INTO SUCH
FUND. THE HOUSING TRUST FUND CORPORATION SHALL USE SUCH FUNDS, AS AVAIL-
ABLE, FOR ENTERING INTO NEW CONTRACTS OR REALLOCATING FUNDS TO EXISTING
CORPORATIONS, PURSUANT TO THIS SECTION, WITH COMMUNITY PRESERVATION
CORPORATIONS LOCATED IN AREAS OF THE STATE THAT ARE CURRENTLY UNSERVED
BY A COMMUNITY PRESERVATION CORPORATION.
S 1233. TECHNICAL SERVICES AND ASSISTANCE TO COMMUNITY PRESERVATION
CORPORATIONS. THE HOUSING TRUST FUND CORPORATION IS HEREBY AUTHORIZED TO
RENDER TO COMMUNITY PRESERVATION CORPORATIONS SUCH TECHNICAL SERVICES
AND ASSISTANCE AS IT MAY POSSESS OR AS MAY BE AVAILABLE TO IT TO ENABLE
SUCH CORPORATIONS TO COMPLY WITH THE INTENT AND PROVISIONS OF THIS ARTI-
CLE. THE HOUSING TRUST FUND CORPORATION IS FURTHER AUTHORIZED TO TAKE
ALL STEPS NECESSARY TO ENCOURAGE THE FORMATION, ORGANIZATION AND GROWTH
OF NEW COMMUNITY PRESERVATION CORPORATIONS. THE HOUSING TRUST FUND
CORPORATION MAY ALSO CONTRACT WITH MUNICIPAL AND OTHER PUBLIC AGENCIES
AND WITH PRIVATE PERSONS, FIRMS AND CORPORATIONS FOR THE PROVISION OF
SUCH TECHNICAL SERVICES AND ASSISTANCE WHICH MAY INCLUDE: PREPARATION
AND SUBMISSION OF PROPOSALS FOR ENTERING INTO CONTRACTS WITH THE HOUSING
TRUST FUND CORPORATION; PREPARATION AND SUBMISSION OF REPORTS REQUIRED
UNDER SUCH CONTRACTS OR REGULATIONS ISSUED BY THE HOUSING TRUST FUND
CORPORATION; INTERNAL ORGANIZATION AND MANAGEMENT OF THE COMMUNITY PRES-
ERVATION CORPORATIONS; RECRUITMENT AND TRAINING OF PERSONNEL OF THE
COMMUNITY PRESERVATION CORPORATIONS; PREPARATION OF PLANS AND PROJECTS,
NEGOTIATION OF AGREEMENTS AND COMPLIANCE WITH REQUIREMENTS OF PROGRAMS
IN WHICH COMMUNITY PRESERVATION CORPORATIONS MAY BECOME ENGAGED IN THE
COURSE OF THEIR COMMUNITY PRESERVATION ACTIVITIES; AND OTHER TECHNICAL
ADVICE OR ASSISTANCE RELATING TO THE PERFORMANCE OR RENDITION OF COMMU-
NITY PRESERVATION ACTIVITIES.
S 1234. RULES AND REGULATIONS. THE HOUSING TRUST FUND CORPORATION MAY
ISSUE RULES AND REGULATIONS OR OPERATIONAL BULLETINS FOR THE APPLICATION
AND AWARDING OF FUNDS UNDER THIS ARTICLE.
S 1235. ANNUAL REPORT. THE HOUSING TRUST FUND CORPORATION SHALL, ON OR
BEFORE SEPTEMBER THIRTIETH IN EACH YEAR SUBMIT A REPORT TO THE LEGISLA-
S. 2607--A 66 A. 3007--A
TURE ON THE IMPLEMENTATION OF THIS ARTICLE. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, FOR EACH CORPORATION RECEIVING PAYMENTS UNDER
THIS ARTICLE: A DESCRIPTION OF SUCH CORPORATION'S CONTRACT AMOUNT AND
CUMULATIVE TOTAL; THE SPECIFIC COMMUNITY PRESERVATION ACTIVITIES
PERFORMED BY SUCH CORPORATION; THE FINDINGS REQUIRED BY THE HOUSING
TRUST FUND CORPORATION UNDER SUBDIVISION THREE OF SECTION TWELVE HUNDRED
THIRTY-TWO OF THIS ARTICLE; THE AMOUNTS OF MONIES RECEIVED BY THE CORPO-
RATION FROM SOURCES OTHER THAN PAYMENTS MADE PURSUANT TO THIS ARTICLE;
THE VALUE OF SERVICES RENDERED FOR THE BENEFIT OF THE CORPORATION FOR
WHICH PAYMENT IS NOT REQUIRED TO BE MADE; AND SUCH OTHER INFORMATION AS
THE HOUSING TRUST FUND CORPORATION DEEMS APPROPRIATE.
S 1236. RELATIONSHIP TO OTHER LAWS. NOTHING IN THIS ARTICLE SHALL BE
DEEMED TO DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO SEEK OR RECEIVE
ASSISTANCE UNDER, OR OTHERWISE PARTICIPATE IN, ANY OTHER PROGRAM PURSU-
ANT TO THIS CHAPTER, OR ANY OTHER GOVERNMENTAL PROGRAM RELATING TO HOUS-
ING OR COMMUNITY RENEWAL. NOTHING IN THIS ARTICLE SHALL BE DEEMED TO
DENY OR LIMIT THE RIGHT OF ANY CORPORATION TO CARRY OUT ANY PROGRAM OR
SERVICE THROUGH A SUBSIDIARY CORPORATION OR OTHER INSTRUMENTALITY.
S 3. Subdivision 5 of section 921 of the private housing finance law,
as added by chapter 166 of the laws of 1991, is amended to read as
follows:
5. "Neighborhood" shall mean an area within the municipality identi-
fied by recognized or established boundaries consistent with a determi-
nation of neighborhood eligibility under article [sixteen] TWENTY-SEVEN
of this chapter.
S 4. The opening paragraph of section 1021 of the private housing
finance law, as added by chapter 911 of the laws of 1982, is amended to
read as follows:
As used in this article, any term defined in article [seventeen] TWEN-
TY-SEVEN of this chapter shall have the same meaning herein as set forth
therein and the following terms shall have the following meanings:
S 5. Section 1051 of the private housing finance law, as added by
chapter 725 of the laws of 1983, is amended to read as follows:
S 1051. Legislative findings and statement of policy. The legislature
hereby finds and declares that there exists in many portions of the
rural areas of the state substantial needs for revitalization and
improvement of housing and of local commercial and service facilities,
and for related community renewal activities. The findings set forth in
article [seventeen] TWENTY-SEVEN of this chapter, with respect to the
special needs and problems of such areas and the significant potential
role of locally based not-for-profit organizations in helping to meet
such needs, are hereby reaffirmed. The legislature hereby determines
that, in addition to the program of state support to help meet the
administrative expenses of such organizations under article [seventeen]
TWENTY-SEVEN, a further public need exists for state funding of a
portion of the costs of specific revitalization projects carried out by
such groups and similar local organizations. It is the purpose of this
article to encourage community preservation and improvement in the rural
area of the state by establishing a program of such funding.
S 6. Section 1052 of the private housing finance law, as added by
chapter 725 of the laws of 1983 and paragraph 3 of subdivision (b) as
added by chapter 166 of the laws of 1991, is amended to read as follows:
S 1052. Definitions. As used in this article:
(a) all terms defined in article [seventeen] TWENTY-SEVEN of this
chapter shall have the same meanings herein as specified therein; and
(b) the following terms shall have the following meanings:
S. 2607--A 67 A. 3007--A
(1) "rural area revitalization project" means a specific work or
series of works for the revitalization and improvement of a region of
the rural area of the state through creation, preservation or improve-
ment of housing resources; creation, preservation or improvement of
local commercial facilities; restoration or improvement of public facil-
ities or other aspects of the area environment; related community pres-
ervation or renewal activities; or any combination of the above.
(2) "qualified applicant" means a not-for-profit corporation under
contract pursuant to article [seventeen] TWENTY-SEVEN of this chapter or
any other locally based organization which is either incorporated under
the not-for-profit corporation law (or such law together with any other
applicable law) or, if unincorporated, is not organized for the private
profit or benefit of its members.
(3) "Corporation" means the housing trust fund corporation established
in section forty-five-a of this chapter.
S 7. Subdivision 3 of section 1053 of the private housing finance law,
as amended by chapter 63 of the laws of 2012, is amended to read as
follows:
3. Each contract pursuant to this section shall provide for payment by
the corporation for the activities to be carried out pursuant to the
contract. Such payment shall be based on the projected costs of such
activities and the other sources of funding which may be available to
the applicant (including, if applicable, funding pursuant to article
[seventeen] TWENTY-SEVEN of this chapter) from any source. Up to ten
percent of the program or project cost may be used for the qualified
applicant's operating expenses including expenses related to organiza-
tion operating support and administration of the contract. The total
state payment pursuant to any one contract shall not exceed two hundred
thousand dollars.
S 8. This act shall take effect July 1, 2013.
PART L
Section 1. Subdivision 8 of section 2404 of the public authorities law
is REPEALED and a new subdivision 8 is added to read as follows:
(8) TO INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY;
S 2. Section 2402 of the public authorities law is amended by adding
two new subdivisions 18 and 19 to read as follows:
(18) "INVESTMENT SECURITIES". SUBJECT TO, OR AS OTHERWISE PROVIDED IN,
THE PROVISIONS OF ANY CONTRACT WITH BONDHOLDERS OF THE AGENCY: (I)
GENERAL OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED BY, ANY STATE OF THE
UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION THEREOF, THE DISTRICT
OF COLUMBIA, OR ANY AGENCY OR INSTRUMENTALITY THEREOF RECEIVING ONE OF
THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING CATEGORIES AVAILABLE
FOR SUCH SECURITIES OF AT LEAST ONE INDEPENDENT RATING AGENCY; OR (II)
CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS OR OTHER OBLI-
GATIONS OR ACCOUNTS OF BANKS OR TRUST COMPANIES IN THE STATE, SECURED,
IF THE AGENCY SHALL SO REQUIRE, IN SUCH MANNER AS THE AGENCY MAY SO
DETERMINE; OR (III) OTHERWISE, IN THE DISCRETION OF THE AGENCY, OBLI-
GATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST, PURSUANT TO
EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE FINANCE LAW.
(19) "ANCILLARY BOND FACILITY". ANY INTEREST RATE EXCHANGE OR SIMILAR
AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR OTHER CREDIT
ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED INVESTMENT OR REIN-
VESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT, ARRANGEMENT OR CONTRACT.
S. 2607--A 68 A. 3007--A
S 3. Subdivision 9 of section 2427 of the public authorities law, as
added by chapter 788 of the laws of 1978, is amended to read as follows:
9. To invest any funds held in reserves or sinking funds or any funds
not required for immediate use or disbursement, at the discretion of the
agency, in obligations of the state [of] OR federal government or of any
city of the state, the principal and interest of which are guaranteed by
the state or federal government, OBLIGATIONS OF PUBLIC AUTHORITIES
CREATED UNDER NEW YORK STATE LAW, obligations of agencies of the federal
government, GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL
MORTGAGE ASSOCIATION, AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION
MORTGAGE BACKED SECURITIES, OR IN FHA INSURED LOANS ORIGINATED BY THE
NEW YORK STATE HOUSING FINANCE AGENCY, or special time deposits in, or
certificates of deposit issued by, a bank or trust company authorized to
do business in the state and secured by a pledge of obligations of the
United States of America or obligations of the state, any city of the
state, other municipal corporation, school district or district corpo-
ration of the state or obligations of agencies of the federal govern-
ment, provided that any such investment from time to time (1) may be
legally purchased by savings banks of the state as investments of funds
belonging to them or in their control and (2) shall be approved by the
comptroller.
S 4. Subdivision 4 of section 2429-b of the public authorities law, as
amended by chapter 3 of the laws of 2004, is amended to read as follows:
4. Moneys in such fund may be invested (a) in special time deposit
accounts in, or certificates of deposit issued by, a bank, trust compa-
ny, savings bank or savings and loan association located and authorized
to do business in this state, provided, however, that such time deposit
account or certificate of deposit shall be payable within such time as
the proceeds may be needed to meet expenditures estimated to be incurred
by the agency and provided further that such time deposit account or
certificate of deposit be secured by a pledge of obligations of the
United States of America or obligations of the state, any city of the
state, or other municipal corporation, school district or district
corporation of the state or obligations of agencies of the federal
government; or (b) in obligations of the United States of America or the
state which may from time to time be legally purchased by savings banks
within the state as an investment of funds belonging to them or in their
control, or in obligations of the Federal National Mortgage Association,
OR IN GOVERNMENT NATIONAL MORTGAGE ASSOCIATION, FEDERAL NATIONAL MORT-
GAGE ASSOCIATION, AND THE FEDERAL HOME LOAN MORTGAGE CORPORATION MORT-
GAGE BACKED SECURITIES, OR IN FHA INSURED LOANS ORIGINATED BY THE NEW
YORK STATE HOUSING FINANCE AGENCY OR IN OBLIGATIONS OF PUBLIC AUTHORI-
TIES CREATED UNDER STATE LAW, provided such obligations shall be payable
or redeemable at the option of the owner within such times as the
proceeds may be needed to meet expenditures estimated to be incurred by
the agency.
S 5. Subdivision 8 of section 44 of the private housing finance law is
REPEALED and a new subdivision 8 is added to read as follows:
8. TO INVEST ANY FUNDS OR OTHER MONEYS UNDER ITS CUSTODY AND CONTROL
IN INVESTMENT SECURITIES OR UNDER ANY ANCILLARY BOND FACILITY.
S 6. Section 42 of the private housing finance law is amended by
adding two new subdivisions 26 and 27 to read as follows:
26. "INVESTMENT SECURITIES" SHALL MEAN, SUBJECT TO OR, AS OTHERWISE
PROVIDED IN, THE PROVISIONS OF ANY CONTRACT WITH BONDHOLDERS OF THE
AGENCY: (I) GENERAL OBLIGATIONS OF, OR OBLIGATIONS GUARANTEED BY, ANY
STATE OF THE UNITED STATES OF AMERICA OR POLITICAL SUBDIVISION THEREOF,
S. 2607--A 69 A. 3007--A
THE DISTRICT OF COLUMBIA, OR ANY AGENCY OR INSTRUMENTALITY THEREOF
RECEIVING ONE OF THE THREE HIGHEST LONG-TERM UNSECURED DEBT RATING CATE-
GORIES AVAILABLE FOR SUCH SECURITIES OF AT LEAST ONE INDEPENDENT RATING
AGENCY; OR (II) CERTIFICATES OF DEPOSIT, SAVINGS ACCOUNTS, TIME DEPOSITS
OR OTHER OBLIGATIONS OR ACCOUNTS OF BANKS OR TRUST COMPANIES IN THE
STATE, SECURED, IF THE AGENCY SHALL SO REQUIRE, IN SUCH MANNER AS THE
AGENCY MAY SO DETERMINE; OR (III) OTHERWISE, IN THE DISCRETION OF THE
AGENCY, OBLIGATIONS IN WHICH THE COMPTROLLER IS AUTHORIZED TO INVEST,
PURSUANT TO EITHER SECTION NINETY-EIGHT OR NINETY-EIGHT-A OF THE STATE
FINANCE LAW.
27. "ANCILLARY BOND FACILITY" SHALL MEAN ANY INTEREST RATE EXCHANGE OR
SIMILAR AGREEMENT OR ANY BOND INSURANCE POLICY, LETTER OF CREDIT OR
OTHER CREDIT ENHANCEMENT FACILITY, LIQUIDITY FACILITY, GUARANTEED
INVESTMENT OR REINVESTMENT AGREEMENT, OR OTHER SIMILAR AGREEMENT,
ARRANGEMENT OR CONTRACT.
S 7. This act shall take effect immediately.
PART M
Section 1. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain the credit rating (as
determined by the agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account of
the mortgage insurance fund to the state treasury for deposit in the
general fund a total sum not to exceed one hundred million dollars as
soon as practicable but no later than March 31, 2014.
S 2. Notwithstanding any other provision of law, the housing trust
fund corporation (the corporation) may provide, for purposes of the
community preservation program, a sum not to exceed twelve million eigh-
teen thousand dollars for the fiscal year ending March 31, 2014.
Notwithstanding any other provision of law, and provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account, the
board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated with
community preservation program contracts authorized by this section, a
total sum not to exceed twelve million eighteen thousand dollars as soon
as practicable but no later than June 30, 2013.
S 3. 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, 2014.
Notwithstanding any other provision of law, and provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the public authorities law
are sufficient to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account, the
board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
S. 2607--A 70 A. 3007--A
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, 2013.
S 4. 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 seventeen million
five hundred eighty-two thousand dollars for the fiscal year ending
March 31, 2014. Notwithstanding any other provision of law, and provided
that the reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public 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 finance agency, for the
purposes of reimbursing any costs associated with Mitchell Lama housing
projects authorized by this section, a total sum not to exceed seventeen
million five hundred eighty-two thousand dollars as soon as practicable
but no later than March 30, 2014.
S 5. This act shall take effect immediately.
PART N
Section 1. Section 21 of the labor law is amended by adding a new
subdivision 14 to read as follows:
14. SHALL DO ALL THINGS NECESSARY FOR THE OPERATION OF THE NEW YORK
STATE DATA CENTER ESTABLISHED IN THE DEPARTMENT IN COOPERATION WITH THE
UNITED STATES BUREAU OF THE CENSUS; TO COOPERATE WITH OTHER STATE AGEN-
CIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS, AND
OTHER ENTITIES IN THE DISSEMINATION OF SOCIO-ECONOMIC INFORMATION AND
DATA THROUGH THE NEW YORK STATE DATA CENTER PROGRAM; IN RELATION TO SUCH
INFORMATION AND DATA, TO PROVIDE TECHNICAL ASSISTANCE TO OTHER STATE
AGENCIES, UNIVERSITIES, REGIONAL ORGANIZATIONS, BOARDS, COMMISSIONS AND
OTHER ENTITIES; AND TO PREPARE ESTIMATES AND THE OFFICIAL PROJECTIONS OF
POPULATION, HOUSEHOLDS AND OTHER CHARACTERISTICS OF THE STATE FOR USE BY
ALL STATE AGENCIES.
S 2. Subdivision 17 of section 100 of the economic development law is
REPEALED.
S 3. This act shall take effect immediately.
PART O
Section 1. Paragraph (a) of subdivision 1 of section 518 of the labor
law, as amended by chapter 589 of the laws of 1998, is amended to read
as follows:
(a) "Wages" means all remuneration paid, except that such term does
not include remuneration paid to an employee by an employer after eight
thousand five hundred dollars have been paid to such employee by such
employer with respect to employment during any calendar year, EXCEPT
THAT SUCH TERM DOES NOT INCLUDE REMUNERATION PAID TO AN EMPLOYEE BY AN
EMPLOYER WITH RESPECT TO EMPLOYMENT DURING ANY CALENDAR YEAR BEGINNING
WITH THE FIRST DAY OF
THAT EXCEEDS
JANUARY 2014 $10,300
S. 2607--A 71 A. 3007--A
JANUARY 2015 $10,500
JANUARY 2016 $10,700
JANUARY 2017 $10,900
JANUARY 2018 $11,100
JANUARY 2019 $11,400
JANUARY 2020 $11,600
JANUARY 2021 $11,800
JANUARY 2022 $12,000
JANUARY 2023 $12,300
JANUARY 2024 $12,500
JANUARY 2025 $12,800
JANUARY 2026 $13,000
AND EACH YEAR THEREAFTER ON THE FIRST DAY OF JANUARY THAT EXCEEDS
SIXTEEN PERCENT OF THE STATE'S AVERAGE ANNUAL WAGE AS DETERMINED BY THE
COMMISSIONER ON AN ANNUAL BASIS PURSUANT TO SECTION FIVE HUNDRED TWEN-
TY-NINE OF THIS ARTICLE; PROVIDED, HOWEVER, THAT IN CALCULATING SUCH
MAXIMUM AMOUNT OF REMUNERATION, THE AMOUNT ARRIVED AT BY MULTIPLYING THE
STATE'S AVERAGE ANNUAL WAGE TIMES SIXTEEN PERCENT SHALL BE ROUNDED UP TO
THE NEAREST HUNDRED DOLLARS. IN NO EVENT SHALL THE STATE'S ANNUAL AVER-
AGE WAGE BE REDUCED FROM THE AMOUNT DETERMINED IN THE PREVIOUS YEAR. The
term "employment" includes for the purposes of this subdivision services
constituting employment under any unemployment compensation law of
another state or the United States.
S 2. Subdivision 1 and paragraph (a) of subdivision 2 of section 527
of the labor law, subdivision 1 as amended by chapter 413 of the laws of
2003 and paragraph (a) of subdivision 2 as amended by chapter 5 of the
laws of 2000, are amended to read as follows:
1. Basic condition. "Valid original claim" is a claim filed by a
claimant who meets the following qualifications: (a) is able to work,
and available for work; (b) is not subject to any disqualification or
suspension under this article; (c) his OR HER previously established
benefit year, if any, has expired; (d) has been paid remuneration by
employers liable for contributions or for payments in lieu of contrib-
utions under this article, other than employers from whom the claimant
lost employment under conditions which would be disqualifying FOR
MISCONDUCT pursuant to [subdivision] SUBDIVISIONS three AND SIX of
section five hundred ninety-three of this article, for employment during
at least two calendar quarters of the base period, with remuneration of
one and one-half times the high calendar quarter [earnings] REMUNERATION
within the base period and with at least [one] TWO thousand [six] ONE
hundred dollars of such remuneration being paid during the high calendar
quarter of such base period. For purposes of this section, the [earn-
ings] REMUNERATION in the high calendar quarter of the base period used
in determining a valid original claim shall not exceed an amount equal
to twenty-two times the maximum benefit rate as set forth in subdivision
five of section five hundred ninety of this article for all individuals.
(a) An individual who is unable to file a valid original claim in
accordance with subdivision one of this section, files a valid original
claim by meeting the qualifications enumerated in paragraphs (a), (b)
and (c) of subdivision one of this section and by having been paid
remuneration by employers liable for contributions or for payments in
lieu of contributions under this article, other than employers from whom
the claimant lost employment under conditions which [are] WOULD BE
disqualifying FOR MISCONDUCT pursuant to [subdivision] SUBDIVISIONS
three AND SIX of section five hundred ninety-three of this article, for
employment during at least two calendar quarters of the base period,
S. 2607--A 72 A. 3007--A
with remuneration of one and one-half times the high calendar quarter
[earnings] REMUNERATION within the base period and with at least [one]
TWO thousand [six] ONE hundred dollars of such remuneration being paid
during the high calendar quarter of such base period. For purposes of
this section, the [earnings] REMUNERATION in the high calendar quarter
of the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit rate as
set forth in subdivision five of section five hundred ninety of this
article for all individuals.
S 3. The labor law is amended by adding a new section 529 to read as
follows:
S 529. AVERAGE ANNUAL WAGE; AVERAGE WEEKLY WAGE. 1. THE "AVERAGE ANNU-
AL WAGE" SHALL BE THE AVERAGE ANNUAL WAGE OF THE STATE OF NEW YORK FOR
THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE COMMISSIONER NO LATER
THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
2. THE "AVERAGE WEEKLY WAGE" SHALL BE THE AVERAGE WEEKLY WAGE OF THE
STATE OF NEW YORK FOR THE PREVIOUS CALENDAR YEAR AS DETERMINED BY THE
COMMISSIONER NO LATER THAN THE THIRTY-FIRST DAY OF MAY OF EACH YEAR.
S 4. Subdivisions 1 and 3 of section 576 of the labor law, as amended
by chapter 49 of the laws of 1966, are amended to read as follows:
1. Determinations of liability for contributions. No determination of
liability for contributions pursuant to section five hundred sixty of
this article shall be made more than three years after the last day of
the calendar year in which the wages on which such liability is based
were paid, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION.
3. Determinations of LIABILITY FOR AND amount of contributions after
contest. If an employer contests a determination of liability for
contributions, a determination of the amount of contributions due FOR
THE CONTESTED PERIOD AND SUBSEQUENT PERIODS may be made at any time
prior to the latter of the following:
(a) three years after the last day of the calendar year in which the
wages on which such contributions are based were paid; or
(b) two years after the last day of the calendar year in which such
determination of liability for contributions became final and irrev-
ocable.
S 5. Paragraph (a) of subdivision 1 of section 577 of the labor law is
amended by adding a new subparagraph 9 to read as follows:
(9) MONIES PURSUANT TO SECTION FIVE HUNDRED NINETY-FOUR OF THIS TITLE.
S 6. Subparagraph 3 of paragraph (e) of subdivision 1 of section 581
of the labor law, as amended by chapter 589 of the laws of 1998, is
amended to read as follows:
(3) An employer's account shall not be charged, and the charges shall
instead be made to the general account, for benefits paid to a claimant
after the expiration of a period of disqualification from benefits
following a final determination that the claimant lost employment with
the employer through misconduct or voluntary separation of employment
without good cause within the meaning of section five hundred ninety-
three of this article and the charges are attributable to remuneration
paid during the claimant's base period of employment with such employer
prior to the claimant's loss of employment with such employer through
misconduct or voluntary separation of employment without good cause,
PROVIDED, HOWEVER, THAT AN EMPLOYER SHALL NOT BE RELIEVED OF CHARGES
PURSUANT TO THIS SUBPARAGRAPH IF AN EMPLOYER OR ITS AGENT FAILS TO
SUBMIT INFORMATION RESULTING IN AN OVERPAYMENT PURSUANT TO SECTION FIVE
HUNDRED NINETY-SEVEN OF THIS ARTICLE.
S. 2607--A 73 A. 3007--A
S 7. Paragraph (a) of subdivision 2 of section 581 of the labor law,
as added by chapter 413 of the laws of 2003, is amended to read as
follows:
(a) Each qualified employer's rate of contribution shall be the
percentage shown in the column headed by the size of the fund index as
of the computation date and on the same line with his or her negative or
positive employer's account percentage, except that if within the three
payroll years preceding the computation date any part of a negative
balance has been transferred from any employer's account as a charge to
the general account pursuant to the provisions of paragraph (e) of
subdivision one of this section such employer's rate of contribution
shall be the maximum contribution rate as shown in the column headed by
the size of fund index;
Size of Fund Index
Employer's
Account
Percentage Less 0% 0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
Than but but but but but but but but but but or
0% less less less less less less less less less less more
than than than than than than than than than than
0.5% 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0%
Negative
21.0%
or more 8.90 8.70 8.50 8.30 8.10 7.30 6.90 6.50 6.20 6.10 6.00 5.90
20.5%
or more
but less
than 21.0% 8.80 8.60 8.40 8.20 8.00 7.20 6.80 6.40 6.10 6.00 5.90 5.80
20.0%
or more
but less
than 20.5% 8.70 8.50 8.30 8.10 7.90 7.10 6.70 6.30 6.00 5.90 5.80 5.70
19.5%
or more
but less
than 20.0% 8.60 8.40 8.20 8.00 7.80 7.00 6.60 6.20 5.90 5.80 5.70 5.60
19.0%
or more
but less
than 19.5% 8.50 8.30 8.10 7.90 7.70 6.90 6.50 6.10 5.80 5.70 5.60 5.50
18.5%
or more
but less
than 19.0% 8.40 8.20 8.00 7.80 7.60 6.80 6.40 6.00 5.70 5.60 5.50 5.40
18.0%
or more
but less
than 18.5% 8.30 8.10 7.90 7.70 7.50 6.70 6.30 5.90 5.60 5.50 5.40 5.30
17.5%
or more
but less
than 18.0% 8.20 8.00 7.80 7.60 7.40 6.60 6.20 5.80 5.50 5.40 5.30 5.20
S. 2607--A 74 A. 3007--A
17.0%
or more
but less
than 17.5% 8.10 7.90 7.70 7.50 7.30 6.50 6.10 5.70 5.40 5.30 5.20 5.10
16.5%
or more
but less
than 17.0% 8.00 7.80 7.60 7.40 7.20 6.40 6.00 5.60 5.30 5.20 5.10 5.00
16.0%
or more
but less
than 16.5% 7.90 7.70 7.50 7.30 7.10 6.30 5.90 5.50 5.20 5.10 5.00 4.90
15.5%
or more
but less
than 16.0% 7.80 7.60 7.40 7.20 7.00 6.20 5.80 5.40 5.10 5.00 4.90 4.80
15.0%
or more
but less
than 15.5% 7.70 7.50 7.30 7.10 6.90 6.10 5.70 5.30 5.00 4.90 4.80 4.70
14.5%
or more
but less
than 15.0% 7.60 7.40 7.20 7.00 6.80 6.00 5.60 5.20 4.90 4.80 4.70 4.60
14.0%
or more
but less
than 14.5% 7.50 7.30 7.10 6.90 6.70 5.90 5.50 5.10 4.80 4.70 4.60 4.50
13.5%
or more
but less
than 14.0% 7.40 7.20 7.00 6.80 6.60 5.80 5.40 5.00 4.70 4.60 4.50 4.40
13.0%
or more
but less
than 13.5% 7.30 7.10 6.90 6.70 6.50 5.70 5.30 4.90 4.60 4.50 4.40 4.30
12.5%
or more
but less
than 13.0% 7.20 7.00 6.80 6.60 6.40 5.60 5.20 4.80 4.50 4.40 4.30 4.20
12.0%
or more
but less
than 12.5% 7.10 6.90 6.70 6.50 6.30 5.50 5.10 4.70 4.40 4.30 4.20 4.10
11.5%
or more
but less
than 12.0% 7.00 6.80 6.60 6.40 6.20 5.40 5.00 4.60 4.30 4.20 4.10 4.00
11.0%
or more
but less
than 11.5% 6.90 6.70 6.50 6.30 6.10 5.30 4.90 4.50 4.20 4.10 4.00 3.90
10.5%
or more
but less
than 11.0% 6.80 6.60 6.40 6.20 6.00 5.20 4.80 4.40 4.10 4.00 3.90 3.80
S. 2607--A 75 A. 3007--A
10.0%
or more
but less
than 10.5% 6.70 6.50 6.30 6.10 5.90 5.10 4.70 4.30 4.00 3.90 3.80 3.70
9.5%
or more
but less
than 10.0% 6.60 6.40 6.20 6.00 5.80 5.00 4.60 4.20 3.90 3.80 3.70 3.60
9.0%
or more
but less
than 9.5% 6.50 6.30 6.10 5.90 5.70 4.90 4.50 4.10 3.80 3.70 3.60 3.50
8.5%
or more
but less
than 9.0% 6.40 6.20 6.00 5.80 5.60 4.80 4.40 4.00 3.70 3.60 3.50 3.40
8.0%
or more
but less
than 8.5% 6.30 6.10 5.90 5.70 5.50 4.70 4.30 3.90 3.60 3.50 3.40 3.30
7.0%
or more
but less
than 8.0% 6.20 6.00 5.80 5.60 5.40 4.60 4.20 3.80 3.50 3.40 3.30 3.20
6.0%
or more
but less
than 7.0% 6.10 5.90 5.70 5.50 5.30 4.50 4.10 3.70 3.40 3.30 3.20 3.10
5.0%
or more
but less
than 6.0% 6.00 5.80 5.60 5.40 5.20 4.40 4.00 3.60 3.30 3.20 3.10 3.00
4.0%
or more
but less
than 5.0% 5.90 5.70 5.50 5.30 5.10 4.30 3.90 3.50 3.20 3.10 3.00 2.90
3.0%
or more
but less
than 4.0% 5.60 5.40 5.20 5.00 4.80 4.20 3.80 3.40 3.10 3.00 2.90 2.80
2.0%
or more
but less
than 3.0% 5.50 5.30 5.10 4.90 4.70 4.10 3.70 3.30 3.00 2.90 2.80 2.70
1.0%
or more
but less
than 2.0% 5.40 5.20 5.00 4.80 4.60 4.00 3.60 3.20 2.90 2.80 2.70 2.60
Less
than 1.0% 5.20 5.00 4.80 4.60 4.40 3.80 3.40 3.00 2.70 2.60 2.50 2.40
Positive
Less
than 1.0% 4.10 3.90 3.70 3.50 3.30 2.90 2.50 2.10 1.90 1.80 1.70 1.60
1.0%
S. 2607--A 76 A. 3007--A
or more
but less
than 2.0% 4.00 3.80 3.60 3.40 3.20 2.80 2.40 2.00 1.80 1.70 1.60 1.50
2.0%
or more
but less
than 3.0% 3.90 3.70 3.50 3.30 3.10 2.70 2.30 1.90 1.70 1.60 1.50 1.40
3.0%
or more
but less
than 4.0% 3.80 3.60 3.40 3.20 3.00 2.60 2.20 1.80 1.60 1.50 1.40 1.30
4.0%
or more
but less
than 5.0% 3.70 3.50 3.30 3.10 2.90 2.50 2.10 1.70 1.50 1.40 1.30 1.20
5.0%
or more
but less
than 5.5% 3.60 3.40 3.20 3.00 2.80 2.40 2.00 1.60 1.40 1.30 1.20 1.10
5.5%
or more but
less than
5.75% 3.50 3.30 3.10 2.90 2.70 2.30 1.90 1.50 1.30 1.20 1.10 1.00
5.75%
or more
but less
than 6.0% 3.40 3.20 3.00 2.80 2.60 2.20 1.80 1.40 1.20 1.10 1.00 0.90
6.0%
or more but
less than
6.25% 3.30 3.10 2.90 2.70 2.50 2.10 1.70 1.30 1.10 1.00 0.90 0.80
6.25%
or more
but less
than 6.5% 3.20 3.00 2.80 2.60 2.40 2.00 1.60 1.20 1.00 0.90 0.80 0.70
6.5%
or more but
less than
6.75% 3.10 2.90 2.70 2.50 2.30 1.90 1.50 1.10 0.90 0.80 0.70 0.60
6.75%
or more
but less
than 7.0% 3.00 2.80 2.60 2.40 2.20 1.80 1.40 1.00 0.80 0.70 0.60 0.50
7.0%
or more but
less than
7.25% 2.90 2.70 2.50 2.30 2.10 1.70 1.30 0.90 0.70 0.60 0.50 0.40
7.25%
or more
but less
than 7.5% 2.80 2.60 2.40 2.20 2.00 1.60 1.20 0.80 0.60 0.50 0.40 0.30
7.5%
or more but
less than
7.75% 2.70 2.50 2.30 2.10 1.90 1.50 1.10 0.70 0.50 0.40 0.30 0.20
7.75%
S. 2607--A 77 A. 3007--A
or more
but less
than 8.0% 2.60 2.40 2.20 2.00 1.80 1.40 1.00 0.60 0.40 0.30 0.20 0.10
8.0%
or more but
less than
8.25% 2.50 2.30 2.10 1.90 1.70 1.30 0.90 0.50 0.30 0.20 0.10 0.00
8.25%
or more
but less
than 8.5% 2.40 2.20 2.00 1.80 1.60 1.20 0.80 0.40 0.20 0.10 0.00 0.00
8.5%
or more but
less than
8.75% 2.30 2.10 1.90 1.70 1.50 1.10 0.70 0.30 0.10 0.00 0.00 0.00
8.75%
or more
but less
than 9.0% 2.20 2.00 1.80 1.60 1.40 1.00 0.60 0.20 0.00 0.00 0.00 0.00
9.0%
or more but
less than
9.25% 2.10 1.90 1.70 1.50 1.30 0.90 0.50 0.10 0.00 0.00 0.00 0.00
9.25%
or more
but less
than 9.5% 2.00 1.80 1.60 1.40 1.20 0.80 0.40 0.00 0.00 0.00 0.00 0.00
9.5%
or more but
less than
9.75% 1.90 1.70 1.50 1.30 1.10 0.70 0.30 0.00 0.00 0.00 0.00 0.00
9.75%
or more but
less than
10.0% 1.80 1.60 1.40 1.20 1.00 0.60 0.20 0.00 0.00 0.00 0.00 0.00
10.0%
or more but
less than
10.25% 1.70 1.50 1.30 1.10 0.90 0.50 0.10 0.00 0.00 0.00 0.00 0.00
10.25%
or more but
less than
10.5% 1.60 1.40 1.20 1.00 0.80 0.40 0.00 0.00 0.00 0.00 0.00 0.00
10.5%
or more [but
less than
10.75%] 1.50 1.30 1.10 0.90 0.70 0.30 0.00 0.00 0.00 0.00 0.00 0.00
[10.75%
or more but
less than
11.0% 1.40 1.20 1.00 0.80 0.60 0.20 0.00 0.00 0.00 0.00 0.00 0.00
11.0%
or more but
less than
11.25% 1.30 1.10 0.90 0.70 0.50 0.10 0.00 0.00 0.00 0.00 0.00 0.00
11.25%
S. 2607--A 78 A. 3007--A
or more but
less than
11.5% 1.20 1.00 0.80 0.60 0.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.5%
or more but
less than
11.75% 1.10 0.90 0.70 0.50 0.30 0.00 0.00 0.00 0.00 0.00 0.00 0.00
11.75%
or more but
less than
12.0% 1.00 0.80 0.60 0.40 0.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00
12.0% or
more 0.90 0.70 0.50 0.30 0.10 0.00 0.00 0.00 0.00 0.00 0.00 0.00]
S 8. Subdivision 5 of section 590 of the labor law, as amended by
chapter 413 of the laws of 2003, is amended to read as follows:
5. Benefit rate. (A) A claimant's weekly benefit amount shall be one
twenty-sixth of the remuneration paid during the highest calendar quar-
ter of the base period by employers, liable for contributions or
payments in lieu of contributions under this article, PROVIDED THE
CLAIMANT HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS DURING HIS
OR HER BASE PERIOD OR ALTERNATE BASE PERIOD. However, for [claimants]
ANY CLAIMANT WHO HAS REMUNERATION PAID IN ALL FOUR CALENDAR QUARTERS
DURING HIS OR HER BASE PERIOD OR ALTERNATE BASE PERIOD AND whose high
calendar quarter remuneration during the base period is three thousand
five hundred seventy-five dollars or less, the benefit amount shall be
one twenty-fifth of the remuneration paid during the highest calendar
quarter of the base period by employers liable for contributions or
payments in lieu of contributions under this article. A CLAIMANT'S WEEK-
LY BENEFIT SHALL BE ONE TWENTY-SIXTH OF THE AVERAGE REMUNERATION PAID IN
THE TWO HIGHEST QUARTERS PAID DURING THE BASE PERIOD OR ALTERNATE BASE
PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS IN LIEU OF
CONTRIBUTIONS UNDER THIS ARTICLE WHEN THE CLAIMANT HAS REMUNERATION PAID
IN TWO OR THREE CALENDAR QUARTERS. HOWEVER, FOR ANY CLAIMANT WHO HAS
REMUNERATION PAID IN TWO OR THREE CALENDAR QUARTERS DURING HIS OR HER
BASE PERIOD OR ALTERNATE BASE PERIOD AND WHOSE HIGH CALENDAR QUARTER
REMUNERATION DURING THE BASE PERIOD IS THREE THOUSAND FIVE HUNDRED
SEVENTY-FIVE DOLLARS OR LESS, THE BENEFIT AMOUNT SHALL BE ONE
TWENTY-FIFTH OF THE REMUNERATION PAID DURING THE HIGHEST CALENDAR QUAR-
TER OF THE BASE PERIOD BY EMPLOYERS LIABLE FOR CONTRIBUTIONS OR PAYMENTS
IN LIEU OF CONTRIBUTIONS UNDER THIS ARTICLE. Any claimant whose high
calendar quarter remuneration during the base period is more than three
thousand five hundred seventy-five dollars shall not have a weekly bene-
fit amount less than one hundred forty-three dollars. The weekly benefit
amount, so computed, that is not a multiple of one dollar shall be
lowered to the next multiple of one dollar. On the first Monday of
September, nineteen hundred ninety-eight the weekly benefit amount shall
not exceed three hundred sixty-five dollars nor be less than forty
dollars, until the first Monday of September, two thousand, at which
time the maximum benefit payable pursuant to this subdivision shall
equal one-half of the state average weekly wage for covered employment
as calculated by the department no sooner than July first, two thousand
and no later than August first, two thousand, rounded down to the lowest
dollar. ON AND AFTER THE FIRST MONDAY OF OCTOBER, TWO THOUSAND FOURTEEN,
THE WEEKLY BENEFIT SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS, NOR SHALL
IT EXCEED FOUR HUNDRED TWENTY DOLLARS UNTIL THE FIRST MONDAY OF OCTOBER,
TWO THOUSAND FIFTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR
S. 2607--A 79 A. 3007--A
HUNDRED TWENTY-FIVE DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO
THOUSAND SIXTEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED
THIRTY DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND SEVEN-
TEEN WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED THIRTY-FIVE
DOLLARS, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND EIGHTEEN WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FOUR HUNDRED FIFTY DOLLARS, UNTIL
THE FIRST MONDAY OF OCTOBER, TWO THOUSAND NINETEEN WHEN THE MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-SIX PERCENT OF THE AVERAGE WEEKLY WAGE
UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY WHEN THE MAXIMUM
BENEFIT AMOUNT SHALL BE THIRTY-EIGHT PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER TWO THOUSAND TWENTY-ONE WHEN THE MAXI-
MUM BENEFIT AMOUNT SHALL BE FORTY PERCENT OF THE AVERAGE WEEKLY WAGE,
UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-TWO WHEN THE
MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-TWO PERCENT OF THE AVERAGE WEEKLY
WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-THREE WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-FOUR PERCENT OF THE AVERAGE
WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWENTY-FOUR
WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-SIX PERCENT OF THE AVER-
AGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND TWEN-
TY-FIVE WHEN THE MAXIMUM BENEFIT AMOUNT SHALL BE FORTY-EIGHT PERCENT OF
THE AVERAGE WEEKLY WAGE, UNTIL THE FIRST MONDAY OF OCTOBER, TWO THOUSAND
TWENTY-SIX AND EACH YEAR THEREAFTER ON THE FIRST MONDAY OF OCTOBER WHEN
THE MAXIMUM BENEFIT AMOUNT SHALL BE FIFTY PERCENT OF THE AVERAGE WEEKLY
WAGE PROVIDED, HOWEVER, THAT IN NO EVENT SHALL THE MAXIMUM BENEFIT
AMOUNT BE REDUCED FROM THE PREVIOUS YEAR.
(B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE COMMISSIONER DETERMINES
THAT THE STATE HAS HAD A DECREASE IN PRIVATE SECTOR JOBS IN EACH MONTH
OF THE FIRST TWO CALENDAR QUARTERS OF THE YEAR IN WHICH THE MAXIMUM
BENEFIT AMOUNT INCREASE IS SCHEDULED TO OCCUR. IF THE COMMISSIONER
DETERMINES THAT THE STATE HAS NOT HAD A DECREASE IN PRIVATE SECTOR JOBS
IN EACH MONTH IN THE FIRST TWO CALENDAR QUARTERS IN YEARS SUBSEQUENT TO
SUCH SUSPENSION OF AN INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THEN THE
MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE AMOUNT FOR THE YEAR PREVI-
OUSLY SCHEDULED TO BE ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED AND INCREASED ANNUALLY
THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH (A) OF
THIS SUBDIVISION. IN NO CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION
OF THE MAXIMUM BENEFIT AMOUNT TO LESS THAN THE AMOUNT PROVIDED IN THE
MOST RECENT YEAR.
S 9. Paragraph (b) of subdivision 5 of section 590 of the labor law,
as added by section eight of this act, is REPEALED and a new paragraph
(b) is added to read as follows:
(B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND ON
THE THIRTY-FIRST DAY OF DECEMBER OF THE PRIOR YEAR IS LESS THAN AN
AMOUNT OF THE FUNDS PROJECTED TO BE NEEDED TO PAY FOR THE INCREASE IN
BENEFITS AS DETERMINED BY THE COMMISSIONER. IF FUND REVENUES ARE DETER-
MINED BY THE COMMISSIONER TO BE SUFFICIENT TO PAY FOR THE INCREASE IN
BENEFITS IN YEARS SUBSEQUENT TO SUCH SUSPENSION OF AN INCREASE IN THE
MAXIMUM BENEFIT AMOUNT, THEN THE MAXIMUM BENEFIT AMOUNT SHALL INCREASE
TO THE AMOUNT FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN
SUSPENDED AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHE-
S. 2607--A 80 A. 3007--A
DULE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN NO CASE SHALL
SUCH SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO
LESS THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
S 10. Paragraph (b) of subdivision 5 of section 590 of the labor law,
as added by section nine of this act is REPEALED and a new paragraph (b)
is added to read as follows:
(B) NOTWITHSTANDING THE FOREGOING, THE MAXIMUM BENEFIT AMOUNT SHALL
NOT BE INCREASED IN ACCORDANCE WITH THE SCHEDULE SET FORTH IN PARAGRAPH
(A) OF THIS SUBDIVISION IN ANY YEAR IN WHICH THE BALANCE OF THE FUND IS
DETERMINED BY THE COMMISSIONER TO NOT HAVE REACHED OR EXCEEDED THIRTY
PERCENT OF THE AVERAGE HIGH COST MULTIPLE, AS DEFINED IN 20 CFR PART 606
AS THE STANDARD FOR RECEIPT OF INTEREST-FREE FEDERAL LOANS, ON AT LEAST
ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH OF THE SAME CALENDAR YEAR
AS THE INCREASE SHALL TAKE EFFECT. IF, FOLLOWING SUCH SUSPENSION OF AN
INCREASE IN THE MAXIMUM BENEFIT AMOUNT, THE COMMISSIONER SHALL DETER-
MINE, ON AT LEAST ONE DAY BETWEEN APRIL FIRST AND JUNE THIRTIETH THAT
THE BALANCE OF THE FUND IS GREATER THAN SUCH THIRTY PERCENT AVERAGE HIGH
COST MULTIPLE, THEN THE MAXIMUM BENEFIT AMOUNT SHALL INCREASE TO THE
PERCENTAGE FOR THE YEAR PREVIOUSLY SCHEDULED TO BE ESTABLISHED PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION HAD THE INCREASE NOT BEEN SUSPENDED
AND INCREASED ANNUALLY THEREAFTER IN ACCORDANCE WITH THE SCHEDULE SET
FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION. IN NO CASE SHALL SUCH
SUSPENSION RESULT IN A REDUCTION OF THE MAXIMUM BENEFIT AMOUNT TO LESS
THAN THE AMOUNT PROVIDED IN THE MOST RECENT YEAR.
S 11. Subdivision 9 of section 590 of the labor law is amended by
adding a new paragraph (d) to read as follows:
(D) AN ALIEN WHO IS NOT ELIGIBLE UNDER 8 USC 1621(A) SHALL BE ELIGIBLE
FOR BENEFITS, PROVIDED SUCH ALIEN IS ELIGIBLE FOR BENEFITS UNDER THE
PROVISIONS OF THIS ARTICLE AND SECTION 3304 (A) (14) OF THE FEDERAL
UNEMPLOYMENT TAX ACT.
S 12. Subdivision 2 of section 591 of the labor law, as amended by
chapter 720 of the laws of 1953, is amended to read as follows:
2. Availability [and], capability, AND WORK SEARCH. No benefits shall
be payable to any claimant who is not capable of work or who is not
ready, willing and able to work in his usual employment or in any other
for which he is reasonably fitted by training and experience AND WHO IS
NOT ACTIVELY SEEKING WORK. IN ORDER TO BE ACTIVELY SEEKING WORK A
CLAIMANT MUST BE ENGAGED IN SYSTEMATIC AND SUSTAINED EFFORTS TO FIND
WORK WHICH SHALL INCLUDE CONTACTING AT LEAST TWO PROSPECTIVE EMPLOYERS
FOR EACH WEEK CLAIMED. THE CLAIMANT MUST ALSO BE ENGAGED IN OTHER ACTIV-
ITIES TO OBTAIN NEW WORK AS DETERMINED BY THE COMMISSIONER. THE CLAIMANT
SHALL BE REQUIRED TO MAINTAIN DOCUMENTATION AND PROVIDE PROOF OF WORK
SEARCH EFFORTS AS PRESCRIBED BY THE COMMISSIONER AND SHALL BE SUBJECT TO
A RANDOM AUDIT.
S 13. Section 591 of the labor law is amended by adding a new subdivi-
sion 6 to read as follows:
6. DISMISSAL PAY. (A) NO BENEFITS SHALL BE PAYABLE TO A CLAIMANT FOR
ANY WEEK DURING A DISMISSAL PERIOD FOR WHICH A CLAIMANT RECEIVES
DISMISSAL PAY, NOR SHALL ANY DAY WITHIN SUCH WEEK BE CONSIDERED A DAY OF
TOTAL UNEMPLOYMENT UNDER SECTION FIVE HUNDRED TWENTY-TWO OF THIS ARTI-
CLE, IF SUCH WEEKLY DISMISSAL PAY EXCEEDS THE MAXIMUM WEEKLY BENEFIT
RATE.
(B) THE TERM "DISMISSAL PAY", AS USED IN THIS SUBDIVISION, MEANS ONE
OR MORE PAYMENTS MADE BY AN EMPLOYER TO AN EMPLOYEE DUE TO HIS OR HER
SEPARATION FROM SERVICE OF THE EMPLOYER REGARDLESS OF WHETHER THE
EMPLOYER IS LEGALLY BOUND BY CONTRACT, STATUTE OR OTHERWISE TO MAKE SUCH
S. 2607--A 81 A. 3007--A
PAYMENTS. THE TERM DOES NOT INCLUDE PAYMENTS FOR PENSION, RETIREMENT,
ACCRUED LEAVE, AND HEALTH INSURANCE OR PAYMENTS FOR SUPPLEMENTAL UNEM-
PLOYMENT BENEFITS.
(C) THE TERM "DISMISSAL PERIOD", AS USED IN THIS SUBDIVISION, MEANS
THE TIME DESIGNATED FOR WEEKS OF DISMISSAL PAY ATTRIBUTABLE TO THE
CLAIMANT'S WEEKLY EARNINGS IN ACCORDANCE WITH THE COLLECTIVE BARGAINING
AGREEMENT, EMPLOYMENT CONTRACT, EMPLOYER'S DISMISSAL POLICY, DISMISSAL
AGREEMENT WITH THE EMPLOYER OR OTHER SUCH AGREEMENT. IF NO SUCH AGREE-
MENT, CONTRACT OR POLICY DESIGNATES A DISMISSAL PERIOD, THEN THE
DISMISSAL PERIOD SHALL BE THE TIME DESIGNATED IN WRITING IN ADVANCE BY
THE EMPLOYER TO BE CONSIDERED THE DISMISSAL PERIOD. IF NO TIME PERIOD IS
DESIGNATED, THE DISMISSAL PERIOD SHALL COMMENCE ON THE DAY AFTER THE
CLAIMANT'S LAST DAY OF EMPLOYMENT. IF THE DISMISSAL PAYMENT IS IN A LUMP
SUM AMOUNT OR FOR AN INDEFINITE PERIOD, DISMISSAL PAYMENTS SHALL BE
ALLOCATED ON A WEEKLY BASIS FROM THE DAY AFTER THE CLAIMANT'S LAST DAY
OF EMPLOYMENT AND THE CLAIMANT SHALL NOT BE ELIGIBLE FOR BENEFITS FOR
ANY WEEK FOR WHICH IT IS DETERMINED THAT THE CLAIMANT RECEIVES DISMISSAL
PAY. THE AMOUNT OF DISMISSAL PAY SHALL BE ALLOCATED BASED ON THE CLAIM-
ANT'S ACTUAL WEEKLY REMUNERATION PAID BY THE EMPLOYER DURING HIS OR HER
EMPLOYMENT OR, IF SUCH AMOUNT CANNOT BE DETERMINED, THE AMOUNT OF THE
CLAIMANT'S AVERAGE WEEKLY WAGE FOR THE HIGHEST CALENDAR QUARTER.
(D) NOTWITHSTANDING THE FOREGOING, THE PROVISIONS OF THIS SUBDIVISION
SHALL NOT APPLY DURING ANY WEEKS IN WHICH THE INITIAL PAYMENT OF
DISMISSAL PAY IS MADE MORE THAN THIRTY DAYS FROM THE LAST DAY OF THE
CLAIMANT'S EMPLOYMENT.
S 14. Subparagraph (i) of paragraph (b) of subdivision 2 of section
591-a of the labor law, as added by chapter 413 of the laws of 2003, is
amended to read as follows:
(i) requirements relating to total unemployment, as defined in section
five hundred twenty-two of this article, availability for work AND
SEARCH FOR WORK, as set forth in subdivision two of section five hundred
ninety-one of this title and refusal to accept work, as set forth in
subdivision two of section five hundred ninety-three of this title, are
not applicable to such individuals;
S 15. Paragraph (a) of subdivision 1, the opening paragraph of subdi-
vision 2 and subdivision 3 of section 593 of the labor law, paragraph
(a) of subdivision 1 as amended by chapter 35 of the laws of 2009, the
opening paragraph of subdivision 2 as amended by chapter 5 of the laws
of 2000, and subdivision 3 as amended by chapter 589 of the laws of
1998, are amended and a new subdivision 6 is added to read as follows:
(a) No days of total unemployment shall be deemed to occur after a
claimant's voluntary separation without good cause from employment until
he or she has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times his or her weekly benefit rate. In
addition to other circumstances that may be found to constitute good
cause, including a compelling family reason as set forth in paragraph
(b) of this subdivision, voluntary separation from employment shall not
in itself disqualify a claimant if circumstances have developed in the
course of such employment that would have justified the claimant in
refusing such employment in the first instance under the terms of subdi-
vision two of this section or if the claimant, pursuant to an option
provided under a collective bargaining agreement or written employer
plan which permits waiver of his OR HER right to retain the employment
when there is a temporary layoff because of lack of work, has elected to
be separated for a temporary period and the employer has consented ther-
eto.
S. 2607--A 82 A. 3007--A
No days of total unemployment shall be deemed to occur beginning with
the day on which a claimant, without good cause, refuses to accept an
offer of employment for which he OR SHE is reasonably fitted by training
and experience, including employment not subject to this article, until
he OR SHE has subsequently worked in employment and earned remuneration
at least equal to [five] TEN times his or her weekly benefit rate.
Except that claimants who are not subject to a recall date or who do not
obtain employment through a union hiring hall and who are still unem-
ployed after receiving [thirteen] TEN weeks of benefits shall be
required to accept any employment proffered that such claimants are
capable of performing, provided that such employment would result in a
wage not less than eighty percent of such claimant's high calendar quar-
ter wages received in the base period and not substantially less than
the prevailing wage for similar work in the locality as provided for in
paragraph (d) of this subdivision. No refusal to accept employment shall
be deemed without good cause nor shall it disqualify any claimant other-
wise eligible to receive benefits if:
3. Misconduct. No days of total unemployment shall be deemed to occur
after a claimant lost employment through misconduct in connection with
his or her employment until he or she has subsequently worked in employ-
ment and earned remuneration at least equal to [five] TEN times his or
her weekly benefit rate.
6. DETERMINATIONS AND HEARINGS. THE COMMISSIONER SHALL ISSUE A DETER-
MINATION FOR ANY PROTEST THAT IS FILED BY ANY BASE PERIOD EMPLOYER WITH-
IN THE TIME SPECIFIED IN THE NOTIFICATION OF POTENTIAL CHARGES BASED ON
VOLUNTARY SEPARATIONS OR MISCONDUCT. AN EMPLOYER OR CLAIMANT MAY REQUEST
A HEARING OF SUCH DETERMINATION PURSUANT TO SECTION SIX HUNDRED TWENTY
OF THIS ARTICLE.
S 16. Section 594 of the labor law, as amended by chapter 728 of the
laws of 1952, and the opening paragraph as amended by chapter 139 of the
laws of 1968, are amended to read as follows:
S 594. Reduction AND RECOVERY of benefits AND PENALTIES for WILFUL
false statement OR OMISSION. A claimant who has wilfully made a false
statement or representation OR WILFULLY CONCEALED ANY PERTINENT FACT to
obtain any benefit under the provisions of this article shall forfeit
benefits for at least the first four but not more than the first eighty
effective days following discovery of such offense for which he OR SHE
otherwise would have been entitled to receive benefits. Such penalty
shall apply only once with respect to each such offense.
For the purpose of subdivision four of section five hundred ninety of
this article, the claimant shall be deemed to have received benefits for
such forfeited effective days.
The penalty provided in this section shall not be confined to a single
benefit year but shall no longer apply in whole or in part after the
expiration of two years from the date [on which the offense was commit-
ted] OF THE FINAL DETERMINATION. SUCH TWO-YEAR PERIOD SHALL BE TOLLED
DURING THE TIME PERIOD A CLAIMANT HAS AN APPEAL PENDING.
A claimant shall refund all moneys received because of such false
statement or representation [made by him] OR WILFUL CONCEALMENT AND PAY
A CIVIL PENALTY IN AN AMOUNT EQUAL TO THE GREATER OF ONE HUNDRED DOLLARS
OR FIFTEEN PERCENT OF THE TOTAL OVERPAID BENEFITS DETERMINED PURSUANT TO
THIS SECTION. WHEN A DETERMINATION BASED UPON A WILFUL FALSE STATEMENT
OR REPRESENTATION OR BASED UPON THE WILFUL CONCEALMENT OF A PERTINENT
FACT IN CONNECTION WITH THE CLAIM FOR BENEFITS BECOMES FINAL THROUGH
EXHAUSTION OF APPEAL RIGHTS OR FAILURE TO EXHAUST HEARING RIGHTS, THE
COMMISSIONER MAY FILE WITH THE COUNTY CLERK OF THE COUNTY WHERE THE
S. 2607--A 83 A. 3007--A
CLAIMANT RESIDES THE FINAL DETERMINATION OF THE COMMISSIONER OR THE
FINAL DECISION BY AN ADMINISTRATIVE LAW JUDGE, THE APPEAL BOARD OR A
COURT CONTAINING THE AMOUNT FOUND TO BE DUE INCLUDING INTEREST AND CIVIL
PENALTY. THE FILING OF SUCH FINAL DETERMINATION OR DECISION SHALL HAVE
THE FULL FORCE AND EFFECT OF A JUDGMENT DULY DOCKETED IN THE OFFICE OF
SUCH CLERK. THE FINAL DETERMINATION OR DECISION MAY BE ENFORCED BY AND
IN THE SAME MANNER, AND WITH LIKE EFFECT AS IF IT WERE A DEFAULT AS SET
FORTH IN SECTION FIVE HUNDRED SEVENTY-THREE OF THIS ARTICLE. MONEYS
RECEIVED BECAUSE OF SUCH FALSE STATEMENT OR REPRESENTATION OR WILFUL
CONCEALMENT, INCLUDING THE ACCRUAL OF INTEREST, MAY ALSO BE RECOVERED AS
PRESCRIBED BY THE CIVIL PRACTICE LAW AND RULES FOR THE RECOVERY OF A
MONEY JUDGMENT OR THROUGH COMMON LAW OR STATUTORY RIGHTS OF OFFSET OR
ANY CRIMINAL PROSECUTION. THE PENALTIES COLLECTED HEREUNDER SHALL BE
DEPOSITED IN THE FUND. THE PENALTIES ASSESSED UNDER THIS SUBDIVISION
SHALL APPLY AND BE ASSESSED FOR ANY BENEFITS PAID UNDER FEDERAL UNEM-
PLOYMENT AND EXTENDED UNEMPLOYMENT PROGRAMS ADMINISTERED BY THE DEPART-
MENT IN THE SAME MANNER AS PROVIDED IN THIS ARTICLE. THE PENALTIES IN
THIS SECTION SHALL BE IN ADDITION TO ANY PENALTIES IMPOSED UNDER THIS
CHAPTER OR ANY STATE OR FEDERAL CRIMINAL STATUTE.
S 17. Section 596 of the labor law is amended by adding a new subdivi-
sion 7 to read as follows:
7. NOTWITHSTANDING THE PROVISIONS OF SECTION FIVE HUNDRED NINETY-FIVE
OF THIS TITLE, THE COMMISSIONER SHALL DEDUCT AND WITHHOLD ANY OVERPAY-
MENTS ESTABLISHED UNDER THIS ARTICLE OR UNDER ANY STATE OR FEDERAL UNEM-
PLOYMENT COMPENSATION PROGRAM FROM BENEFITS PAYABLE TO AN INDIVIDUAL. NO
PENALTIES OR INTEREST ASSESSED PURSUANT TO SECTION FIVE HUNDRED NINETY-
FOUR OF THIS TITLE MAY BE DEDUCTED OR WITHHELD FROM BENEFITS.
S 18. Subdivision 2 of section 597 of the labor law is amended by
adding a new paragraph (d) to read as follows:
(D) NOTWITHSTANDING ANY PROVISIONS OF THIS ARTICLE, UNLESS A COMMIS-
SIONER'S ERROR IS SHOWN OR THE FAILURE IS THE DIRECT RESULT OF A DISAS-
TER EMERGENCY DECLARED BY THE GOVERNOR OR PRESIDENT, AN EMPLOYER'S
ACCOUNT SHALL NOT BE RELIEVED OF CHARGES RESULTING IN AN OVERPAYMENT OF
BENEFITS WHEN THE COMMISSIONER DETERMINES THAT THE OVERPAYMENT WAS MADE
BECAUSE THE EMPLOYER OR THE AGENT OF THE EMPLOYER FAILED TO TIMELY OR
ADEQUATELY RESPOND TO A REQUEST FOR INFORMATION IN THE NOTICE OF POTEN-
TIAL CHARGES OR OTHER SUCH NOTICE REQUESTING INFORMATION IN RELATION TO
A CLAIM UNDER THIS ARTICLE, PROVIDED, HOWEVER, THAT THE COMMISSIONER
SHALL RELIEVE THE EMPLOYER OF CHARGES THE FIRST TIME THAT THE EMPLOYER
FAILS TO PROVIDE TIMELY OR ADEQUATE INFORMATION, IF THE EMPLOYER
PROVIDES GOOD CAUSE FOR SUCH FAILURE AS DETERMINED BY THE COMMISSIONER.
"TIMELY" SHALL MEAN A RESPONSE IS PROVIDED IN THE TIME PERIOD SPECI-
FIED IN THE NOTICE AS PRESCRIBED BY THE COMMISSIONER.
THE TERM "ADEQUATELY" SHALL MEAN THAT THE EMPLOYER OR ITS AGENT
SUBMITTED INFORMATION SUFFICIENT TO RENDER A CORRECT DETERMINATION.
THIS PROHIBITION FOR RELIEF OF CHARGES SHALL APPLY TO ALL EMPLOYERS
UNDER THIS ARTICLE INCLUDING EMPLOYERS ELECTING PAYMENT IN LIEU OF
CONTRIBUTIONS.
S 19. Section 600 of the labor law, as added by chapter 793 of the
laws of 1963, subdivision 6 as amended by chapter 391 of the laws of
2005, subdivision 7 as added by chapter 362 of the laws of 1980, para-
graph (a) of subdivision 7 as amended by chapter 176 of the laws of
2004, paragraph (b) of subdivision 7 as amended by chapter 5 of the laws
of 2000, and paragraph (c) of subdivision 7 as relettered by chapter 895
of the laws of 1980, is amended to read as follows:
S. 2607--A 84 A. 3007--A
S 600. Effect of retirement payments. 1. Reduction of benefit rate.
[If a claimant retires or is retired from employment by an employer and,
due to such retirement, is receiving a pension or retirement payment
under a plan financed in whole or in part by such employer, such claim-
ant's benefit rate for four effective days otherwise applicable under
subdivision seven of section five hundred ninety shall be reduced as
hereinafter provided.
2. Application. The reduction shall apply only to benefits which when
paid will be chargeable to the account of the employer who provided the
pension or retirement benefit.
3. Amount of reduction. If the pension or retirement payment is made
under a plan to which the employer is the sole contributor, the claim-
ant's benefit rate shall be reduced by the largest number of whole
dollars which is not more than the prorated weekly amount of his pension
or retirement payment under such plan. If the pension or retirement
payment is made under a plan to which the employer is not the sole
contributor, the claimant's benefit rate shall be reduced by the largest
number of whole dollars which is not more than one-half of the prorated
weekly amount of his pension or retirement payments under such plan, but
no reduction shall apply if the claimant demonstrates that the employer
contributed less than fifty per centum to the plan.
4. Reduction equal to benefit rate. If the amount to be deducted from
a claimant's benefit rate equals or exceeds such rate, he shall be inel-
igible to receive any benefits which if paid would be chargeable to the
employer involved in the pension or retirement plan, but any benefits
which would in the absence of this section be chargeable to the accounts
of other employers shall be payable to the claimant.
5. Reduction not established. If, at the time benefits are payable, it
has not been established that the claimant will be receiving such
pension or retirement payment, benefits due shall be paid without a
reduction, subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
6. Limitation. For the purposes of this section, the terms "pension or
retirement payment" and "governmental or other pension, retirement or
retired pay, annuity, or any other similar periodic payment which is
based on previous work" shall not include payments made from a qualified
trust to an eligible retirement plan under the terms and conditions
specified in section four hundred two of the internal revenue code for
federal income tax purposes, such payments commonly known as eligible
rollover distributions.
7. Alternative condition. (a) When a reduction for retirement payments
is required by the federal unemployment tax act as a condition for full
tax credit, in which event the provisions of subdivisions one, two,
three, four and five of this section shall not be operative, the] (A)
THE benefit rate of a claimant who is receiving a governmental or other
pension, retirement or retired pay, annuity, or any other similar peri-
odic payment which is based on his previous work, shall be reduced as
hereinafter provided, if such payment is made under a plan maintained or
contributed to by his base period employer and, except for payments made
under the social security act or the railroad retirement act of 1974,
the claimant's employment with, or remuneration from, such employer
after the beginning of the base period affected his eligibility for, or
increased the amount of, such pension, retirement or retired pay, annui-
ty, or other similar periodic payment.
S. 2607--A 85 A. 3007--A
(b) [If the claimant made no contribution for the pension, retirement
or retired pay, annuity, or other similar periodic payment, his] THE
CLAIMANT'S benefit rate shall be reduced by the largest number of whole
dollars which is not more than the pro-rated weekly amount of such
payment. If the claimant was the sole contributor for the pension,
retirement or retired pay, annuity, or other similar periodic payment,
no reduction shall apply. [If the claimant's contributions for the
pension, retirement or retired pay, annuity, or other similar periodic
payment were less than one hundred per centum, the commissioner shall
determine the amount of the reduction by taking into account the claim-
ant's contributions in a manner consistent with the federal unemployment
tax act.]
(c) If, at the time benefits are payable, it has not been established
that the claimant will be receiving such pension, retirement or retired
pay, annuity or other payment, benefits due shall be paid without a
reduction, subject to review within the period and under the conditions
as provided in subdivisions three and four of section five hundred nine-
ty-seven with respect to retroactive payment of remuneration.
(D) FOR THE PURPOSES OF THIS SECTION, THE TERMS "PENSION OR RETIREMENT
PAYMENT" AND "GOVERNMENTAL OR OTHER PENSION, RETIREMENT OR RETIRED PAY,
ANNUITY, OR ANY OTHER SIMILAR PERIODIC PAYMENT WHICH IS BASED ON PREVI-
OUS WORK" SHALL NOT INCLUDE PAYMENTS MADE FROM A QUALIFIED TRUST TO AN
ELIGIBLE RETIREMENT PLAN UNDER THE TERMS AND CONDITIONS SPECIFIED IN
SECTION FOUR HUNDRED TWO OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME
TAX PURPOSES, SUCH PAYMENTS COMMONLY KNOWN AS ELIGIBLE ROLLOVER DISTRIB-
UTIONS.
S 20. Section 602 of the labor law, as amended by chapter 214 of the
laws of 1998, is amended to read as follows:
S 602. Application. This title shall apply to a claimant employed by
an employer whose application to participate in a shared work program
has been approved by the commissioner. The provisions of subdivision
four of section five hundred twenty-seven, subdivisions three and seven
of section five hundred ninety and subdivision four of section five
hundred ninety-six of this article shall not be applicable to such
claimant and he OR SHE shall not be required to be available for work
with any other employer NOR SHALL HE OR SHE BE REQUIRED TO SEARCH FOR
WORK IN ACCORDANCE WITH SUBDIVISION TWO OF SECTION FIVE HUNDRED NINETY-
ONE OF THIS ARTICLE IF HE OR SHE IS AVAILABLE FOR HIS OR HER USUAL HOURS
OF WORK WITH HIS OR HER EMPLOYER THAT HAS BEEN ACCEPTED TO PARTICIPATE
IN THE SHARED WORK PROGRAM. The other provisions of this article shall
apply to such claimants and their employers to the extent that they are
not inconsistent with the provisions of this title.
S 21. Section 603 of the labor law, as added by chapter 438 of the
laws of 1985, is amended to read as follows:
S 603. Definitions. For purposes of this title: "Total unemployment"
shall mean the total lack of any employment on any day, other than with
an employer applying for a shared work program. ["Full time hours" shall
mean at least thirty-five but not more than forty hours per week, and
shall not include overtime as defined in the Fair Labor Standards Act.]
"Work force" shall mean the total work force, a clearly identifiable
unit or units thereof, or a particular shift or shifts. THE WORK FORCE
SUBJECT TO REDUCTION SHALL CONSIST OF NO LESS THAN TWO EMPLOYEES.
S 21-a. Section 604 of the labor law, as amended by chapter 564 of the
laws of 2002, is amended to read as follows:
S 604. Eligibility conditions. A claimant shall be eligible for bene-
fits under this title if he OR SHE works less than his OR HER normal
S. 2607--A 86 A. 3007--A
[full time] hours in a week for his customary employer, and that employ-
er has reduced or restricted the claimant's weekly hours of work, or has
rehired a claimant previously laid off and reduced his OR HER weekly
hours of work from those previously worked, as the result of a plan by
the employer to stabilize the work force by a program of sharing the
work remaining after a reduction in total hours of work and a corre-
sponding reduction in wages, provided the program requires not less than
a twenty percent nor more than a sixty percent reduction in hours and
wages among the work force. A claimant receiving supplemental unemploy-
ment compensation benefits, as defined in section five hundred one (c)
(17) (D) of the internal revenue code of nineteen hundred fifty-four,
shall not be eligible hereunder. Any employee who was otherwise eligible
for benefits under this title but was denied benefits during the period
beginning October first, two thousand one and ending on December first,
two thousand one because more than five percent of his OR HER wages were
derived from piece work, shall be entitled to make a retroactive claim
for such benefits provided such claim is filed within sixty days of the
effective date of this sentence.
S 22. Section 605 of the labor law, as amended by section 2 of chapter
81 of the laws of 1992, is amended to read as follows:
S 605. Qualified employers; application. An employer who has at least
[five] TWO full time employees may apply to participate in a shared work
program. The WRITTEN application shall be made according to such forms
and procedures as the commissioner may specify and shall include such
information as the commissioner may require, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. The commissioner shall
not approve such application unless the employer (1) [agrees] CERTIFIES
that for the duration of the program it will not eliminate or diminish
health insurance, medical insurance, RETIREMENT BENEFITS or any other
fringe benefits provided to employees immediately prior to the applica-
tion UNLESS SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT PARTICIPATE
IN THE SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT
AS THOSE EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2)
certifies that the collective bargaining agent for the employees, if
any, has agreed to participate in the program; (3) certifies that if not
for the shared work program to be initiated the employer would reduce or
would have reduced its work force to a degree equivalent to the total
number of working hours proposed to be reduced or restricted for all
included employees; (4) certifies that it will not hire additional part
time or full time employees for the affected work force while the
program is in operation; [and] (5) agrees that no participant of the
program shall receive, in the aggregate, more than [twenty] TWENTY-SIX
weeks of benefits exclusive of the waiting week; (6) PROVIDES A
DESCRIPTION OF HOW WORKERS IN THE WORK FORCE WILL BE NOTIFIED OF THE
SHARED WORK PROGRAM IN ADVANCE OF IT TAKING EFFECT, IF FEASIBLE, AND IF
SUCH NOTICE IS NOT FEASIBLE, PROVIDES AN EXPLANATION OF WHY SUCH NOTICE
IS NOT FEASIBLE; (7) PROVIDES AN ESTIMATE OF THE NUMBER OF WORKERS WHO
WOULD BE LAID OFF IF THE EMPLOYER COULD NOT PARTICIPATE IN THE SHARED
WORK PROGRAM; AND (8) CERTIFIES THAT THE TERMS OF THE EMPLOYER'S WRITTEN
PLAN AND IMPLEMENTATION SHALL BE CONSISTENT WITH EMPLOYER OBLIGATIONS
UNDER APPLICABLE FEDERAL AND STATE LAWS.
S 22-a. Section 605 of the labor law, as amended by section twenty-two
of this act is REPEALED and a new section 605 is added to read as
follows:
S. 2607--A 87 A. 3007--A
S 605. QUALIFIED EMPLOYERS; APPLICATION. AN EMPLOYER WHO HAS AT LEAST
FIVE FULL TIME EMPLOYEES MAY APPLY TO PARTICIPATE IN A SHARED WORK
PROGRAM. THE WRITTEN APPLICATION SHALL BE MADE ACCORDING TO SUCH FORMS
AND PROCEDURES AS THE COMMISSIONER MAY SPECIFY AND SHALL INCLUDE SUCH
INFORMATION AS THE COMMISSIONER MAY REQUIRE, INCLUDING SUCH OTHER INFOR-
MATION THAT THE UNITED STATES SECRETARY OF LABOR DETERMINES TO BE APPRO-
PRIATE FOR PURPOSES OF A SHARED WORK PROGRAM. THE COMMISSIONER SHALL NOT
APPROVE SUCH APPLICATION UNLESS THE EMPLOYER (1) CERTIFIES THAT FOR THE
DURATION OF THE PROGRAM IT WILL NOT ELIMINATE OR DIMINISH HEALTH INSUR-
ANCE, MEDICAL INSURANCE, RETIREMENT BENEFITS OR ANY OTHER FRINGE BENE-
FITS PROVIDED TO EMPLOYEES IMMEDIATELY PRIOR TO THE APPLICATION UNLESS
SUCH BENEFITS PROVIDED TO EMPLOYEES THAT DO NOT PARTICIPATE IN THE
SHARED WORK PROGRAM ARE REDUCED OR DIMINISHED TO THE SAME EXTENT AS
THOSE EMPLOYEES THAT PARTICIPATE IN THE SHARED WORK PROGRAM; (2) CERTI-
FIES THAT THE COLLECTIVE BARGAINING AGENT FOR THE EMPLOYEES, IF ANY, HAS
AGREED TO PARTICIPATE IN THE PROGRAM; (3) CERTIFIES THAT IF NOT FOR THE
SHARED WORK PROGRAM TO BE INITIATED THE EMPLOYER WOULD REDUCE OR WOULD
HAVE REDUCED ITS WORK FORCE TO A DEGREE EQUIVALENT TO THE TOTAL NUMBER
OF WORKING HOURS PROPOSED TO BE REDUCED OR RESTRICTED FOR ALL INCLUDED
EMPLOYEES; (4) CERTIFIES THAT IT WILL NOT HIRE ADDITIONAL PART TIME OR
FULL TIME EMPLOYEES FOR THE AFFECTED WORK FORCE WHILE THE PROGRAM IS IN
OPERATION; (5) AGREES THAT NO PARTICIPANT OF THE PROGRAM SHALL RECEIVE,
IN THE AGGREGATE, MORE THAN TWENTY WEEKS OF BENEFITS EXCLUSIVE OF THE
WAITING WEEK; (6) PROVIDES A DESCRIPTION OF HOW WORKERS IN THE WORK
FORCE WILL BE NOTIFIED OF THE SHARED WORK PROGRAM IN ADVANCE OF IT
TAKING EFFECT, IF FEASIBLE, AND IF SUCH NOTICE IS NOT FEASIBLE, PROVIDES
AN EXPLANATION OF WHY SUCH NOTICE IS NOT FEASIBLE; (7) PROVIDES AN ESTI-
MATE OF THE NUMBER OF WORKERS WHO WOULD BE LAID OFF IF THE EMPLOYER
COULD NOT PARTICIPATE IN THE SHARED WORK PROGRAM; AND (8) CERTIFIES THAT
THE TERMS OF THE EMPLOYER'S WRITTEN PLAN AND IMPLEMENTATION SHALL BE
CONSISTENT WITH EMPLOYER OBLIGATIONS UNDER APPLICABLE FEDERAL AND STATE
LAWS.
S 23. Section 607 of the labor law, as added by chapter 438 of the
laws of 1985, subdivision 1 as amended by section 4 of chapter 81 of the
laws of 1992, is amended to read as follows:
S 607. Benefits. 1. Amount. An eligible claimant shall be paid bene-
fits for any week equal to his OR HER benefit rate multiplied by the
percentage of reduction of his OR HER wages resulting from reduced hours
of work, but only if such percentage is no less than twenty percent. The
weekly benefit amount shall be rounded off to the nearest dollar. A
claimant shall not be paid such benefits in excess of [twenty]
TWENTY-SIX weeks during a benefit year.
2. Waiting period. A claimant shall not be entitled to benefits for
the first week of unemployment under a shared work program unless he OR
SHE has served a waiting period in his OR HER benefit year pursuant to
subdivision seven of section five hundred ninety of this article.
S 23-a. Subdivision 1 of section 607 of the labor law, as amended by
section twenty-three of this act is REPEALED, and a new subdivision 1 is
added to read as follows:
1. AMOUNT. AN ELIGIBLE CLAIMANT SHALL BE PAID BENEFITS FOR ANY WEEK
EQUAL TO HIS OR HER BENEFIT RATE MULTIPLIED BY THE PERCENTAGE OF
REDUCTION OF HIS OR HER WAGES RESULTING FROM REDUCED HOURS OF WORK, BUT
ONLY IF SUCH PERCENTAGE IS NO LESS THAN TWENTY PERCENT. THE WEEKLY BENE-
FIT AMOUNT SHALL BE ROUNDED OFF TO THE NEAREST DOLLAR. A CLAIMANT SHALL
NOT BE PAID SUCH BENEFITS IN EXCESS OF TWENTY WEEKS DURING A BENEFIT
YEAR.
S. 2607--A 88 A. 3007--A
S 24. The labor law is amended by adding a new section 609 to read as
follows:
S 609. TRAINING. ELIGIBLE EMPLOYEES MAY PARTICIPATE, AS APPROPRIATE,
IN TRAINING TO ENHANCE JOB SKILLS IF SUCH PROGRAM HAS BEEN APPROVED BY
THE COMMISSIONER. SUCH TRAINING MAY INCLUDE EMPLOYER-SPONSORED TRAINING
OR WORKER TRAINING FUNDED UNDER THE WORKFORCE INVESTMENT ACT OF 1998.
S 25. Section 611 of the labor law, as amended by chapter 589 of the
laws of 1998, is amended to read as follows:
S 611. Charging of benefits. Benefits paid to a claimant shall be
charged to the employers' accounts as provided in paragraph (e) of
subdivision one of section five hundred eighty-one of this article.
HOWEVER, EXCEPT FOR INDIVIDUALS EMPLOYED BY A PARTICIPATING EMPLOYER ON
A SEASONAL, TEMPORARY OR INTERMITTENT BASIS, NO BENEFITS PAID TO A
CLAIMANT SHALL BE CHARGED TO AN EMPLOYER'S ACCOUNT IF THE STATE IS REIM-
BURSED BY THE UNITED STATES PURSUANT TO THE MIDDLE CLASS TAX RELIEF AND
JOB CREATION ACT OF 2012, PL 112-96.
S 26. The labor law is amended by adding a new section 612 to read as
follows:
S 612. SEVERABILITY. IF ANY AMENDMENT CONTAINED IN A CLAUSE,
SENTENCE, PARAGRAPH, SECTION OR PART OF THIS TITLE SHALL BE ADJUDGED BY
THE UNITED STATES DEPARTMENT OF LABOR TO VIOLATE REQUIREMENTS FOR MAIN-
TAINING BENEFIT STANDARDS REQUIRED OF THE STATE IN ORDER TO BE ELIGIBLE
FOR ANY FINANCIAL BENEFIT OFFERED THROUGH FEDERAL LAW OR REGULATION
INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF INTEREST ON ADVANCES OR THE
WAIVER OF OBLIGATIONS TO REPAY SUCH ADVANCES TO THE STATE UNEMPLOYMENT
INSURANCE FUND, SUCH AMENDMENTS SHALL BE SEVERED FROM THIS ACT AND SHALL
NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THEREOF.
S 27. Section 39 of part P2 of chapter 62 of the laws of 2003, amend-
ing the state finance law and other laws relating to authorizing and
directing the state comptroller to loan money to certain funds and
accounts, as amended by section 1 of part W of chapter 58 of the laws of
2011, is amended to read as follows:
S 39. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2003; provided,
however, that sections one, three, four, six, seven through fifteen, and
seventeen of this act shall expire March 31, 2004, when upon such date
the provisions of such sections shall be deemed repealed; [and sections
thirty and thirty-one of this act shall expire December 31, 2013] and
the amendments made to section 69-c of the state finance law by section
thirty-two of this act shall not affect the expiration and repeal of
such section and shall be deemed to be expired therewith.
S 28. Severability. If any amendment contained in a clause, sentence,
paragraph, section or part of this act shall be adjudged by the United
States Department of Labor to violate requirements for maintaining bene-
fit standards required of the state in order to be eligible for any
financial benefit offered through federal law or regulation including,
but not limited to, the waiver of interest on advances or the waiver of
obligations to repay such advances to the state unemployment insurance
fund, such amendments shall be severed from this act and shall not
affect, impair or invalidate the remainder thereof.
S 29. This act shall take effect immediately, provided, however, that:
a. sections one, three, seven, and eight of this act shall take effect
January 1, 2014;
b. sections two, thirteen, fifteen, and nineteen of this act shall
apply to all claims filed after January 1, 2014;
c. section nine of this act shall take effect January 1, 2017;
S. 2607--A 89 A. 3007--A
d. section ten of this act shall take effect January 1, 2019;
e. sections five, six, sixteen, seventeen, and eighteen of this act
shall apply to all overpayments established after October 1, 2013;
f. sections fourteen, twenty, twenty-one, twenty-one-a, twenty-two,
twenty-three, twenty-four, and twenty-six of this act shall take effect
on the thirtieth day after it shall have become a law;
g. section twenty-five of this act shall expire and be deemed repealed
August 23, 2015;
h. section twelve of this act shall take effect January 1, 2014 or on
the same date as the reversion of subdivision 2 of section 591 of the
labor law as provided in section 10 of chapter 413 of the laws of 2003,
as amended, whichever is later;
i. the amendments to section 591-a of the labor law made by section
fourteen of this act shall not affect the repeal of such section and
shall be deemed repealed therewith; and
j. sections twenty-two-a and twenty-three-a of this act shall take
effect August 23, 2015.
PART P
Section 1. Subdivisions 1, 4 and 5 of section 652 of the labor law, as
amended by chapter 747 of the laws of 2004, are amended to read as
follows:
1. Statutory. Every employer shall pay to each of its employees for
each hour worked a wage of not less than:
$4.25 on and after April 1, 1991,
$5.15 on and after March 31, 2000,
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$8.75 ON AND AFTER JULY 1, 2013, or, if greater, such other wage as
may be established by federal law pursuant to 29 U.S.C. section 206 or
its successors
or such other wage as may be established in accordance with the
provisions of this article.
4. Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall be a
cash wage of at least three dollars and thirty cents per hour on or
after March thirty-first, two thousand; three dollars and eighty-five
cents on or after January first, two thousand five; at least four
dollars and thirty-five cents on or after January first, two thousand
six; [and] at least four dollars and sixty cents on or after January
first, two thousand seven; AND AT LEAST SIX DOLLARS AND THREE CENTS ON
OR AFTER JULY FIRST, TWO THOUSAND THIRTEEN, provided that the tips of
such an employee, when added to such cash wage, are equal to or exceed
the minimum wage in effect pursuant to subdivision one of this section
and provided further that no other cash wage is established pursuant to
section six hundred fifty-three of this article. In the event the cash
wage payable under the Fair Labor Standards Act (29 United States Code
Sec. 203 (m), as amended), is increased after enactment of this subdivi-
sion, the cash wage payable under this subdivision shall automatically
be increased by the proportionate increase in the cash wage payable
under such federal law, and will be immediately enforceable as the cash
wage payable to food service workers under this article.
5. Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food service worker receiving a cash wage
S. 2607--A 90 A. 3007--A
amounting to three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five cents on or
after January first, two thousand five; four dollars and thirty-five
cents on or after January first, two thousand six; [and] four dollars
and sixty cents on or after January first, two thousand seven; AND AT
LEAST SIX DOLLARS AND THREE CENTS ON OR AFTER JULY FIRST, TWO THOUSAND
THIRTEEN, shall not increase more than two-thirds of the increase
required by subdivision two of this section as applied to state wage
orders in effect pursuant to subdivision one of this section.
S 2. This act shall take effect immediately.
PART Q
Section 1. Paragraph (d) of subdivision 4 of section 209 of the civil
service law, as amended by section 9 of part A of chapter 504 of the
laws of 2009, is amended to read as follows:
(d) The provisions of this subdivision shall expire [thirty-six] FORTY
years from July first, nineteen hundred seventy-seven, and hereafter may
be renewed every four years.
S 2. Section 209 of the civil service law is amended by adding a new
subdivision 6 to read as follows:
6. (A) FOR DISPUTES CONCERNING AN IMPASSE PURSUANT TO SUBDIVISION FOUR
OF THIS SECTION THAT INVOLVE A COUNTY, CITY, TOWN, OR VILLAGE SUBJECT TO
SECTION THREE-C OF THE GENERAL MUNICIPAL LAW, A PUBLIC ARBITRATION PANEL
SHALL MAKE A DETERMINATION AS TO WHETHER SUCH COUNTY, CITY, TOWN, OR
VILLAGE, IS A DISTRESSED PUBLIC EMPLOYER AS PART OF ITS ANALYSIS OF THE
FINANCIAL ABILITY OF THE PUBLIC EMPLOYER TO PAY.
(B) IN EVALUATING WHETHER A PUBLIC EMPLOYER COVERED BY THIS SUBDIVI-
SION IS A DISTRESSED PUBLIC EMPLOYER, SUCH PUBLIC ARBITRATION PANEL
SHALL CONSIDER THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC
EMPLOYER AND THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOY-
ER.
I. FOR PURPOSES OF THIS SUBDIVISION, "FULL VALUE PROPERTY TAX RATE"
SHALL MEAN THE AMOUNT TO BE RAISED BY TAX ON REAL ESTATE BY A LOCAL
GOVERNMENT IN A GIVEN FISCAL YEAR DIVIDED BY THE FULL VALUATION OF TAXA-
BLE REAL ESTATE FOR THAT SAME FISCAL YEAR AS REPORTED TO THE OFFICE OF
THE STATE COMPTROLLER.
II. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FULL VALUE PROPERTY TAX
RATE" SHALL MEAN THE SUM OF THE FULL VALUE PROPERTY TAX RATES FOR THE
FIVE MOST RECENT FISCAL YEARS DIVIDED BY FIVE.
III. FOR PURPOSES OF THIS SUBDIVISION, "FUND BALANCE PERCENTAGE" SHALL
MEAN THE TOTAL FUND BALANCE IN THE GENERAL FUND OF A LOCAL GOVERNMENT IN
A GIVEN FISCAL YEAR DIVIDED BY THE TOTAL EXPENDITURES FROM THE GENERAL
FUND FOR THAT SAME FISCAL YEAR AS REPORTED TO THE OFFICE OF THE STATE
COMPTROLLER.
IV. FOR PURPOSES OF THIS SUBDIVISION, "AVERAGE FUND BALANCE PERCENT-
AGE" SHALL MEAN THE SUM OF THE FUND BALANCE PERCENTAGES FOR THE FIVE
MOST RECENTLY COMPLETED FISCAL YEARS DIVIDED BY FIVE.
(C) IF THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SUCH PUBLIC EMPLOY-
ER IS GREATER THAN THE AVERAGE FULL VALUE PROPERTY TAX RATE OF SEVENTY-
FIVE PERCENT OF COUNTIES, CITIES, TOWNS, AND VILLAGES, WITH LOCAL FISCAL
YEARS ENDING IN THE SAME CALENDAR YEAR AS OF THE MOST RECENTLY AVAILABLE
INFORMATION, THE PUBLIC ARBITRATION PANEL MUST FIND THAT SUCH PUBLIC
EMPLOYER IS FISCALLY DISTRESSED. THE OFFICE OF THE STATE COMPTROLLER
SHALL MAKE PUBLICLY AVAILABLE THE LIST OF COUNTIES, CITIES, TOWNS, AND
VILLAGES, THAT HAVE AN AVERAGE FULL VALUE PROPERTY TAX RATE THAT MEETS
S. 2607--A 91 A. 3007--A
SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER HAS NOT
REPORTED TO THE OFFICE OF THE STATE COMPTROLLER THE INFORMATION NECES-
SARY TO CALCULATE ITS AVERAGE FULL VALUE PROPERTY TAX RATE, THE PUBLIC
ARBITRATION PANEL MAY NOT USE THE AVERAGE FULL VALUE PROPERTY TAX RATE
AS A BASIS BY WHICH TO FIND THAT SUCH PUBLIC EMPLOYER IS FISCALLY
DISTRESSED.
(D) IF THE AVERAGE FUND BALANCE PERCENTAGE OF SUCH PUBLIC EMPLOYER IS
LESS THAN FIVE PERCENT, THE PUBLIC ARBITRATION PANEL MUST FIND THAT SUCH
PUBLIC EMPLOYER IS FISCALLY DISTRESSED. THE OFFICE OF THE STATE COMP-
TROLLER SHALL MAKE PUBLICLY AVAILABLE THE LIST OF COUNTIES, CITIES,
TOWNS, AND VILLAGES, THAT HAVE AN AVERAGE FUND BALANCE PERCENTAGE THAT
MEETS SUCH CRITERIA IN EACH LOCAL FISCAL YEAR. IF A PUBLIC EMPLOYER HAS
NOT REPORTED TO THE OFFICE OF THE STATE COMPTROLLER THE INFORMATION
NECESSARY TO CALCULATE ITS AVERAGE FUND BALANCE PERCENTAGE, THE PUBLIC
ARBITRATION PANEL MAY NOT USE THE AVERAGE FUND BALANCE PERCENTAGE AS A
BASIS BY WHICH TO FIND THAT SUCH PUBLIC EMPLOYER IS FISCALLY DISTRESSED.
(E) WHEN SUCH PUBLIC EMPLOYER HAS BEEN FOUND TO BE FISCALLY
DISTRESSED, THE PUBLIC ARBITRATION PANEL SHALL NOT HAVE THE AUTHORITY TO
ISSUE A DETERMINATION THAT INCREASES THE COST OF TERMS AND CONDITIONS OF
EMPLOYMENT APPLICABLE TO EMPLOYEES UNDER THE JURISDICTION OF SUCH PANEL
EXCEPT AS PROVIDED HEREIN.
I. FOR THE FIRST YEAR OF THE DETERMINATION, THE PANEL SHALL NOT ISSUE
A DETERMINATION THAT MAKES CHANGES TO AND INCREASES THE COST OF ALL
TERMS AND CONDITIONS OF EMPLOYMENT BY MORE THAN TWO PERCENT OF THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE BARGAINING AGREEMENTS DIRECTLY RELATING TO COMPENSATION OF ALL
EMPLOYEES SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE EXPIRATION OF THE COLLECTIVE
BARGAINING AGREEMENT OR INTEREST ARBITRATION AWARD THAT IS THE SUBJECT
OF THE IMPASSE BEFORE THE PANEL. FOR THE FIRST YEAR OF THE DETERMI-
NATION, THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY THE
AMOUNT OF ANY INCREASED COST THAT THE PUBLIC EMPLOYER WILL INCUR FOR
INSURANCE, MEDICAL, AND HOSPITALIZATION BENEFITS PROVIDED TO EMPLOYEES
SUBJECT TO THE PANEL'S JURISDICTION THAT WILL EXCEED A TWO PERCENT
INCREASE IN COST TO THE PUBLIC EMPLOYER TO PROVIDE INSURANCE, MEDICAL,
AND HOSPITALIZATION BENEFITS TO EMPLOYEES UNDER THE PANEL'S JURISDICTION
DURING THE FIRST YEAR OF THE DETERMINATION.
II. FOR THE SECOND YEAR OF THE DETERMINATION, THE PANEL SHALL NOT
ISSUE A DETERMINATION THAT MAKES CHANGES TO AND INCREASES THE COST OF
ALL TERMS AND CONDITIONS OF EMPLOYMENT BY MORE THAN TWO PERCENT OF THE
AGGREGATE AMOUNT EXPENDED BY THE PUBLIC EMPLOYER ON THE TERMS OF COLLEC-
TIVE BARGAINING AGREEMENTS DIRECTLY RELATING TO COMPENSATION OF ALL
EMPLOYEES SUBJECT TO THE PUBLIC ARBITRATION PANEL'S JURISDICTION IN THE
TWELVE MONTHS IMMEDIATELY PRECEDING THE EXPIRATION OF THE COLLECTIVE
BARGAINING AGREEMENT OR INTEREST ARBITRATION AWARD THAT IS THE SUBJECT
OF THE IMPASSE BEFORE THE PANEL. FOR THE SECOND YEAR OF THE DETERMI-
NATION, THE PANEL IS REQUIRED TO FURTHER REDUCE THIS TWO PERCENT BY THE
AMOUNT OF ANY INCREASED COST THAT THE PUBLIC EMPLOYER WILL INCUR FOR
INSURANCE, MEDICAL, AND HOSPITALIZATION BENEFITS PROVIDED TO EMPLOYEES
SUBJECT TO THE PANEL'S JURISDICTION THAT WILL EXCEED A TWO PERCENT
INCREASE IN COST TO THE PUBLIC EMPLOYER TO PROVIDE INSURANCE, MEDICAL,
AND HOSPITALIZATION BENEFITS FOR EMPLOYEES UNDER THE PANEL'S JURISDIC-
TION DURING THE FIRST YEAR OF THE DETERMINATION. IF THE ACTUAL AMOUNT OF
THE INCREASED COST THAT A PUBLIC EMPLOYER WILL INCUR FOR INSURANCE,
MEDICAL, AND HOSPITALIZATION BENEFITS FOR EMPLOYEES SUBJECT TO THE
PANEL'S JURISDICTION IN YEAR TWO OF THE DETERMINATION IS KNOWN, THE
S. 2607--A 92 A. 3007--A
PUBLIC ARBITRATION PANEL SHALL USE THAT AMOUNT RATHER THAN THE FIRST
YEAR AMOUNT TO CALCULATE ANY REDUCTION. THE DETERMINATION FOR YEAR TWO
WILL BE IN ADDITION TO THE DETERMINATION FOR YEAR ONE.
III. FOR THE PURPOSES OF DETERMINING THE AMOUNTS AVAILABLE PURSUANT TO
THIS PARAGRAPH, "TERMS OF COLLECTIVE BARGAINING AGREEMENTS DIRECTLY
RELATING TO COMPENSATION" INCLUDES, BUT IS NOT LIMITED TO, SALARY,
STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND HOSPITALIZATION BENEFITS;
AND SHALL NOT APPLY TO NON-COMPENSATORY ISSUES INCLUDING, BUT NOT LIMIT-
ED TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND ACTIONS, DEPLOYMENT OR
SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR OVERTIME COMPENSATION.
(F) ADDITIONALLY, WHEN THERE HAS BEEN A FINDING OF FISCAL DISTRESS, A
PUBLIC ARBITRATION PANEL SHALL NOT HAVE THE AUTHORITY TO CREATE NEW
TERMS AND CONDITIONS OF EMPLOYMENT THAT INCREASE COSTS OF TERMS AND
CONDITIONS OF EMPLOYMENT TO THE FISCALLY DISTRESSED PUBLIC EMPLOYER IF
THE INCREASE IN COSTS WOULD CAUSE THE OVERALL COST OF THE DETERMINATION
TO EXCEED THE LIMITATION ON THE PUBLIC ARBITRATION PANEL'S AUTHORITY AS
CONTAINED IN PARAGRAPH (E) OF THIS SUBDIVISION.
(G) NOTHING HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL, WHERE A
FINDING THAT A DISTRESSED PUBLIC EMPLOYER IS REQUIRED, TO GRANT ANY
CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
(H) NOTHING HEREIN SHALL REQUIRE A PUBLIC ARBITRATION PANEL, WHERE A
FINDING THAT A DISTRESSED PUBLIC EMPLOYER IS NOT REQUIRED, TO GRANT ANY
CHANGE IN TERMS AND CONDITIONS OF EMPLOYMENT UNLESS OTHERWISE WARRANTED
AFTER TAKING INTO CONSIDERATION ALL OTHER RELEVANT AND REQUIRED FACTORS.
(I) THE PROVISIONS OF THIS SUBDIVISION SHALL EXPIRE FOUR YEARS FROM
JULY FIRST, TWO THOUSAND THIRTEEN.
S 3. This act shall take effect immediately and shall be effective for
all collective bargaining agreements and interest arbitration awards
that expire on or after April 1, 2013.
PART R
Section 1. The racing, pari-mutuel wagering and breeding law is amended
by adding a new article 13 to read as follows:
ARTICLE 13
PHASE ONE CASINO GAMBLING
SECTION 1301. STATEMENT OF PURPOSE.
1302. PHASE ONE CASINO GAMBLING FACILITIES.
1303. CASINO GAMBLING REGULATION.
1304. CASINO GAMBLING REVENUE.
1305. GAMING REGULATORY STUDY.
1306. CASINO REQUEST FOR INFORMATION.
S 1301. STATEMENT OF PURPOSE. IN ORDER TO REVITALIZE THE ECONOMY OF
UPSTATE NEW YORK, BY INCREASING TOURISM AND JOBS THROUGH DESTINATION
RESORTS IN UPSTATE NEW YORK, AND TO PROVIDE REVENUE TO FUND EDUCATION
AND REDUCE PROPERTY TAXES, THE STATE HEREBY LEGALIZES CASINO GAMBLING AS
REGULATED BY THE STATE GAMING COMMISSION.
S 1302. PHASE ONE CASINO GAMBLING FACILITIES. 1. THE LEGISLATURE SHALL
AUTHORIZE UP TO THREE CASINOS SUBJECT TO THE REGULATION OF THE STATE
GAMING COMMISSION.
2. THE THREE CASINOS AUTHORIZED BY THE LEGISLATURE CANNOT BE LOCATED:
(A) IN THE CITY OF NEW YORK; AND
(B) IN THE COUNTIES OF NASSAU, PUTNAM, ROCKLAND, SUFFOLK, AND WEST-
CHESTER.
S. 2607--A 93 A. 3007--A
S 1303. CASINO GAMBLING REGULATION. 1. THERE IS HEREBY CREATED IN THE
GAMING COMMISSION A SEPARATE OFFICE OF CASINO GAMBLING REGULATION. THE
OFFICE SHALL REGULATE CASINO GAMBLING FACILITIES AUTHORIZED PURSUANT TO
SECTION NINE OF ARTICLE ONE OF THE STATE CONSTITUTION.
2. UTILIZING ITS BEST INDEPENDENT AND UNBIASED JUDGMENT AS PART OF A
COMPETITIVE PROCESS, THE GAMING COMMISSION SHALL SELECT THE LOCATIONS
AND THE OPERATORS OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE.
3. NO CASINO LOCATION AND OPERATOR MAY BE SELECTED BY THE GAMING
COMMISSION UNLESS THAT LOCATION AND OPERATOR HAVE SIGNIFICANT SUPPORT
FROM BOTH THE LOCAL GOVERNMENT AND THE LOCAL COMMUNITY IN WHICH THE
CASINO IS TO BE LOCATED.
S 1304. CASINO GAMBLING REVENUE. REVENUE DERIVED BY THE STATE FROM THE
GROSS GAMING REVENUE OF THE CASINO FACILITIES AUTHORIZED BY THIS ARTICLE
SHALL BE ALLOCATED TO A CASINO REVENUE FUND AUTHORIZED PURSUANT TO THE
STATE FINANCE LAW AND DISTRIBUTED AS FOLLOWS:
1. 90% FOR ELEMENTARY AND SECONDARY EDUCATION; AND
2. 10% FOR LOCAL GOVERNMENT PROPERTY TAX RELIEF.
S 1305. GAMING REGULATORY STUDY. 1. THE STATE GAMING COMMISSION IS
HEREBY DIRECTED TO CONDUCT A COMPREHENSIVE STUDY OF EXISTING LEGAL
FRAMEWORKS GOVERNING THE LICENSING AND REGULATION OF CASINO GAMBLING.
SUCH STUDY SHALL INCLUDE A REVIEW OF VARIOUS SYSTEMS OF GAMING REGU-
LATION AND THE EFFECTIVENESS OF THOSE SYSTEMS. SUCH STUDY SHALL CONSIDER
THE METHODS AND MANNERS OF LICENSING OF: FACILITIES; ENTERPRISES UNDER-
TAKING DIRECT AND INDIRECT BUSINESS WITH SUCH FACILITIES; AND PERSONNEL
DIRECTLY AND INDIRECTLY EMPLOYED BY SUCH FACILITIES AND ENTERPRISES.
2. THE COMMISSION SHALL ALSO STUDY THE APPROPRIATE RATES OF TAXATION
OF SUCH GAMING ACTIVITIES AND PROVIDE RECOMMENDATIONS ON CLARIFYING AND
HARMONIZING INCONSISTENT METHODS OF TREATMENT OF VARIOUS FORMS OF GAMING
AUTHORIZED IN THE STATE AND THE PARTICIPANTS WITHIN, IDENTIFYING CASES
WHERE THE DISPARITY SERVES A COMPELLING STATE INTEREST.
3. THE COMMISSION SHALL ALSO STUDY THE LEVELS OF CAPITAL INVESTMENT
THAT MIGHT BE APPROPRIATE TO LOCATE DESTINATION CASINO RESORTS IN
UPSTATE NEW YORK.
4. THE COMMISSION SHALL CONSULT WITH THE REGIONAL ECONOMIC DEVELOP-
MENTS COUNCILS IN PREPARING THE STUDY REQUIRED BY THIS SECTION.
5. THE COMMISSION SHALL SUBMIT TO THE GOVERNOR, SPEAKER OF THE ASSEM-
BLY AND TEMPORARY PRESIDENT OF THE SENATE, NO LATER THAN THE FIFTEENTH
DAY OF MAY, TWO THOUSAND THIRTEEN, A WRITTEN REPORT ON ITS FINDINGS,
CONCLUSIONS AND RECOMMENDATIONS FOR PROPOSED CHANGES TO STATE LAWS AND
REGULATIONS NECESSARY TO PROVIDE FOR THE LICENSING AND REGULATION OF
CASINO GAMBLING IN NEW YORK STATE.
S 1306. CASINO REQUEST FOR INFORMATION. THE STATE GAMING COMMISSION
SHALL ISSUE A REQUEST FOR INFORMATION FOR THE PURPOSE OF SOLICITING
INTEREST FROM ENTITIES SEEKING AN AWARD OF A LICENSE TO DEVELOP AND
OPERATE ONE OF THE THREE INITIAL CASINO FACILITIES AUTHORIZED BY THIS
ARTICLE. THE REQUEST SHOULD SEEK INFORMATION FROM POTENTIAL GAMING
FACILITY OPERATORS THAT WILL ASSIST IN MAKING INFORMED DECISIONS ABOUT
EXPANDED REGULATED PRIVATE SECTOR GAMING. ADDITIONALLY, THE REQUEST
SHOULD ASSIST THE COMMISSION IN DETERMINING THE RANGE OF POSSIBLE DEVEL-
OPMENT AVAILABLE IN THE MARKET AND HELP IDENTIFY AND ASSESS POTENTIAL
GAMING SERVICE PROVIDER INTEREST. POTENTIAL GAMING FACILITY OPERATORS
THAT RESPOND TO REQUESTS SHALL DEMONSTRATE THAT THERE IS SIGNIFICANT
SUPPORT FOR THE CASINO FACILITY FROM THE LOCAL GOVERNMENT COMMUNITY
WHERE THE FACILITY IS PROPOSED TO BE LOCATED.
S 2. The state finance law is amended by adding a new section 92-a to
read as follows:
S. 2607--A 94 A. 3007--A
S 92-A. CASINO REVENUE FUND. 1. THERE IS HEREBY ESTABLISHED IN THE
JOINT CUSTODY OF THE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND
FINANCE A SPECIAL FUND TO BE KNOWN AS THE CASINO REVENUE FUND.
2. SUCH FUND SHALL CONSIST OF THE STATE CASINO REVENUES DERIVED FROM
STATE TAXATION OF THE GROSS GAMING REVENUE OF LICENSED CASINOS, AND ALL
OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY OTHER FUND OR
SOURCE PURSUANT TO LAW.
3. NINETY PERCENT OF THE MONEYS IN SUCH FUND SHALL BE APPROPRIATED OR
TRANSFERRED ONLY FOR ELEMENTARY AND SECONDARY EDUCATION.
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AMOUNTS
APPROPRIATED OR TRANSFERRED FROM THE CASINO REVENUE FUND SHALL NOT BE
INCLUDED IN: (I) THE ALLOWABLE GROWTH AMOUNT COMPUTED PURSUANT TO PARA-
GRAPH (DD) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THE
EDUCATION LAW, (II) THE PRELIMINARY GROWTH AMOUNT COMPUTED PURSUANT TO
PARAGRAPH (FF) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF
THE EDUCATION LAW, AND (III) THE ALLOCABLE GROWTH AMOUNT COMPUTED PURSU-
ANT TO PARAGRAPH (GG) OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
TWO OF THE EDUCATION LAW.
5. ALL PAYMENTS OF MONEYS FROM THE CASINO REVENUE FUND SHALL BE MADE
ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER.
S 3. This act shall take effect immediately.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through R of this act shall be
as specifically set forth in the last section of such Parts.