senate Bill S6356D

Signed By Governor
2013-2014 Legislative Session

Enacts into law major components of legislation necessary to implement the education, labor, housing and family assistance budget for the 2014-2015 state fiscal year

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 31, 2014 signed chap.56
delivered to governor
returned to senate
passed assembly
message of necessity - 3 day message
ordered to third reading rules cal.31
substituted for a8556d
referred to ways and means
delivered to assembly
passed senate
message of necessity - 3 day message
ordered to third reading cal.373
Mar 29, 2014 print number 6356d
amend (t) and recommit to finance
Mar 14, 2014 print number 6356c
amend (t) and recommit to finance
Feb 21, 2014 print number 6356b
amend (t) and recommit to finance
Feb 12, 2014 print number 6356a
Feb 12, 2014 amend (t) and recommit to finance
Jan 21, 2014 referred to finance

Votes

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Bill Amendments

Original
A
B
C
D (Active)
Original
A
B
C
D (Active)

S6356 - Bill Details

See Assembly Version of this Bill:
A8556D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6356 - Bill Texts

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Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates 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; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).

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BILL NUMBER:S6356

TITLE OF BILL: An act to amend the education law, in relation to
contracts for excellence, calculation of the gap elimination
restoration amount, apportionment of school aid, teachers of tomorrow
teacher recruitment and retention program, school district
reorganizations and real property tax rates, transportation after 4
p.m., to establish a teacher excellence fund, duties and waivers of
school districts with children with handicapping conditions, to
authorize the commissioner of education to establish regional tuition
rates for approved special education itinerant services, to authorize
reimbursement for approved special education itinerant services based
on actual attendance, to authorize New York city to establish local
tuition rates for approved special education itinerant services; to
amend chapter 756 of the laws of 1992 relating to funding a program
for work force education conducted by the consortium for worker
education in New York city, in relation to apportionment and
reimbursement; and in relation to extending the expiration of certain
provisions; to amend chapter 169 of the laws of 1994 relating to
certain provisions related to the 1994-95 state operations, aid to
localities, capital projects and debt service budgets; to amend
chapter 82 of the laws of 1995, amending the education law and certain
other laws relating to state aid to school districts and the
appropriation of funds for the support of government; to amend the
education law, in relation to the definition of "school district basic
contribution"; to amend chapter 147 of the laws of 2001 amending the
education law relating to conditional appointment of school district,
charter school or BOCES employees; to amend chapter 425 of the laws of
2002 amending the education law relating to the provision of
supplemental educational services, attendance at a safe public school
and the suspension of pupils who bring a firearm to or possess a
firearm at a school; to amend chapter 101 of the laws of 2003 amending
the education law relating to implementation of the No Child Left
Behind Act of 2001, in relation to extending the expiration of certain
provisions of such chapters; to provide special apportionment for
school bus driver training; to provide special apportionment for
salary expenses; to provide special apportionment for public pension
accruals; to provide special apportionment for salary expenses; in
relation to suballocation of certain education department accruals; in
relation to the support of public libraries; and providing for the
repeal of certain provisions upon expiration thereof (Part A);
authorizing the creation of a state debt in the amount of two billion
dollars, in relation to creating the smart schools bond act of 2014
for the purposes of funding capital projects to provide learning
technology equipment or facilities, enhanced internet connectivity for
schools and communities, and educational facilities to accommodate
pre-kindergarten programs; and providing for the submission to the
people of a proposition or question therefor to be voted upon at the
general election to be held in November, 2014 (Part B); to amend the
education law and the state finance law, in relation to the
implementation of the smart schools bond act of 2014 (Part C); to
amend the education law, in relation to the nurse practitioners
modernization act (Part D); to amend the education law and the
executive law, in relation to harassment, bullying and discrimination
in schools (Part E); to amend the executive law, in relation to
unlawful discriminatory practices by educational institutions (Part
F); to amend the education law, in relation to creating the science,


technology, engineering and mathematics incentive program (Part G); to
amend chapter 57 of the laws of 2005 amending the labor law and other
laws implementing the state fiscal plan for the 2005-2006 state fiscal
year, relating to the New York state higher education capital matching
grant program for independent colleges, in relation to the New York
state higher education matching grant program for independent colleges
and the effectiveness thereof (Part H); to amend the social services
law, in relation to increasing the standards of monthly need for aged,
blind and disabled persons living in the community (Part I); to amend
the social services law, in relation to public assistance restrictions
(Part J); to utilize reserves in the project pool insurance account of
the mortgage insurance fund for various housing purposes (Part K); and
to amend the education law, in relation to educational programs in
juvenile justice programs operated by the office of children and
family services (Subpart A); and to amend the social services law, in
relation to a deadline for the close to home initiative (Subpart B)
(Part L)

PURPOSE:

This bill contains provisions needed to implement the Education, Labor
and Family Assistance portions of the 2014-15 Executive Budget.

This memorandum describes Parts A through L of the bill which are
described wholly within the parts listed below.

Part A - Amend Education Law and make other changes necessary to
authorize School Aid and implement education-related programs in the
Executive Budget

Purpose:

This bill contains various provisions of law necessary to implement
the education component of the 2014-15 Executive Budget.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

Public education in New York represents a significant commitment of
State and local resources. With total spending levels exceeding $58
billion, New Yorkers have maintained the highest per-pupil spending
levels in the nation - even during difficult financial times. Not only
is education the largest area of State spending, it is also the
largest component of local property taxes. This substantial investment
reflects New York State's long-standing commitment to providing
opportunity for all students.

This bill includes measures to authorize School Aid along with other
changes necessary to implement education-related programs in the
Executive Budget. Significant provisions include:

*2014-15 School Aid Increase. The 2014-15 Executive Budget recommends
$21.9 billion in educational aid for the 2014-15 school year, a
year-to-year increase of $807 million. As part of the $807 million
total increase in educational aid for the 2014-15 school year, the


bill would provide a methodology that would target most of the School
Aid allocated increase to high need school districts.

*Teacher Excellence Fund. The bill would establish the Teacher
Excellence Fund to reward teacher excellence, and recruit and retain
the most effective educators. Teachers rated as "highly effective"
will be eligible to receive up to $20,000 in annual supplemental
compensation through the Teacher Excellence Fund.

*School District Consolidation. The bill would provide school
districts seeking to merge with the option to delay for one year,
and/or phase-in for up to ten years, adjustments to tax rates in the
participating school districts. This would prevent large one-time
fluctuations in tax rates for participating school districts, and
remove significant sudden changes in tax rates as a barrier to school
district mergers.

*School District Mandate Relief. The bill would create a new waiver
process that would allow school districts, BOCES and approved private
special education programs to petition the State Education Department
for flexibility in complying with certain special education
requirements.

*Preschool Special Education Reforms. The bill would authorize the
following changes to the Special Education Itinerant Teacher (SEIT)
services component of the Preschool Special Education program. it
would: (1) authorize the State Education Department to establish
regional rates; (2) limit payment to program operators only for
services that are actually provided; and (3) authorize New York City
to establish reimbursement rates for providers in New York City within
maximum rates set by the State.

*Contracts for Excellence. The bill would require all school districts
currently in the Contracts for Excellence program to remain in the
program unless all of the school buildings in the school district are
reported as "In Good Standing" for purposes of the State
accountability system. School districts that remain would be required
to maintain funding for Contracts for Excellence programs at the same
level required for the 2013-14 school year.

*Other Miscellaneous Provisions. The bill also contains a number of
other provisions including extensions of existing provisions of State
law.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget.

Effective Date:

This bill takes effect April 1, 2014, except where otherwise stated.

Part B - Authorize the $2 billion Smart Schools Bond Act of 2014 to be
submitted for voter approval in November of 2014

Purpose:


This bill would authorize issuance of $2 billion of general obligation
bonds to improve educational technology and add additional
pre-kindergarten classroom space through the Smart Schools Bond Act of
2014, subject to voter approval in November of 2014.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This legislation, the Smart Schools Bond Act of 2014, authorizes
issuance of $2 billion of bonds to finance improved educational
technology and additional pre-kindergarten classroom space to improve
learning and opportunity for students throughout the State.

Section 1 of the bill contains the terms of the Act and bond issuance.
Section 2 provides for the Act to take effect upon approval by voters,
as required by the State Constitution.

The Act would authorize the State to incur $2 billion of indebtedness
in the form of tax-exempt general obligation bonds to be sold by the
State Comptroller to finance capital projects to bring high-speed
broadband Internet connectivity to schools and communities within
their school district, improve educational technology, including
computers, servers and interactive whiteboards; and expand
pre-kindergarten classroom space.

Bond proceeds would support the cost of approved projects for such
purposes in accordance with separate legislation adopted to implement
the Act.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget because it authorizes issuance of the bonds required to finance
the Smart Schools program.

Effective Date:

This bill takes effect immediately, except that section 1 of the bill
does not take effect until approved by voters at the November 2014
general election.

Part C - Amend Education Law and State Finance Law as necessary to
implement the Smart Schools Bond Act of 2014

Purpose:

This bill would amend Education Law and State Finance Law to implement
the $2 billion Smart Schools Bond Act of 2014 to be submitted to
voters in November 2014.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill, the Smart Schools Implementation Act of 2014, allocates
funding for approved learning technology, internet connectivity and
pre-kindergarten classroom projects to improve learning and
opportunity for students. These projects, undertaken by or on behalf


of school districts, would be financed with the $2 billion of general
obligation bonds authorized by the separate Smart Schools Bond Act of
2014.

School districts could use the funds-for the following projects:
high-speed broadband or other wireless connectivity in schools and
their communities; learning technology, such as interactive
whiteboards, servers, and desktop, laptop and tablet computers; and
new or improved pre-kindergarten classroom space. The bill also
provides for an allocation methodology of the $2 billion among school
districts.

The bill would create a three-person review board consisting of the
Commissioner of Education, the Chancellor of the State University and
the State Budget Director, to issue program guidelines and approve
school districts' plans for use of the funds.

The bill also amends the State Finance Law, by establishing a new
fund, the Smart Schools Bond Fund, to hold the bond proceeds,
specifying the projects' different useful lives and directing the
Comptroller to issue the bonds based on the projects' weighted average
life.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget because it authorizes the Smart Schools program to be financed
with $2 billion of bond proceeds.

Effective Date:

This bill would take effect upon voter approval of the Bond Act in
November 2014.

Part D - Establish the Nurse Practitioners Modernization Act

Purpose:

This bill would enable experienced nurse practitioners to practice
with collaborative relationships with physicians. The bill would also
allow new nurse practitioners to collaborate with experienced nurse
practitioners for their first 3,600 hours of practice if they cannot
secure a collaborative agreement with a physician.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This initiative would increase access to health care services. Such
access is particularly important because under the federal Affordable
Care Act, the State expects to enroll 1.1 million individuals through
New York's health plan marketplace, the NY State of Health, which is
likely to exacerbate existing shortages of clinicians in many areas of
the State.

Under current law, nurse practitioners must practice in collaboration
with a licensed physician in accordance with a written practice


agreement and written practice protocols. This proposal would amend
Education Law ยง 6902(3) to provide that:

1) A nurse practitioner whose written agreement with a physician
terminates or cannot be renewed through no fault of the nurse
practitioner could be supervised by another nurse practitioner with
more than 3,600 hours of work experience with the approval of the
State Education Department (SED) for up to six months, which could be
extended for good cause; and

2) Nurse practitioners with more than 3,600 hours of work experience
could forego written collaboration agreements and written practice
protocols with physicians, as long as they document, in the manner
dictated by SED, collaborative relationships with physicians who have
agreed to maintain such relationships.

Allowing nurse practitioners to practice without the written
agreements and practice protocols with physicians is an important
strategy that will help the State address the additional demand
attributable to new enrollees. In addition, the data that would become
available to the State under this initiative would further assist
future efforts to enhance access to services. By supporting the
State's primary care infrastructure, this proposal would help reduce
overall spending in the health care system over time.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget, which assumes this initiative could be administered within
proposed funding levels.

Effective Date:

This bill takes effect January 1, 2015.

Part E - Amend Education and Executive Law in relation to the
investigation and reporting of patterns of harassment, bullying or
discrimination and removal of school officers

Purpose:

This bill would improve current reporting, investigation and
intervention requirements under the Dignity for All Students Act.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

As the Dignity for All Students Act proclaims: "Students' ability to
learn and to meet high academic standards, and a school's ability to
educate its students, are compromised by incidents of discrimination
and harassment including bullying, taunting or intimidation." This
bill would improve current reporting, investigation and intervention
requirements under the Dignity for All Students Act.

All students, particularly the most vulnerable children enrolled from
kindergarten through 12th grade, must be protected from discrimination
and harassment. To ensure that these students are protected, schools


must be required report in a timely manner to the State such incidents
to ensure that State officials can take swift action.

This bill would require that school officials determine whether a
verified incident of harassment, bullying or discrimination is part of
a larger pattern of behavior against a particular class or classes of
persons based on their actual or perceived race, color, weight,
national origin, ethnic group, religion, religious practice,
disability, sexual orientation, gender or sex. School officials would
be required to promptly report any such pattern of harassment,
bullying or discrimination to the State Education Department, the
State Police, and the Division of Human Rights. Failure to make such a
report would result in the commencement of a removal proceeding
pursuant to existing procedures.

Upon receiving a report of a pattern or practice, the State Education
Department would develop, and the school district would implement,
intervention protocols in order to end the harassment, bullying or
discrimination.

The Division of Human Rights would also report instances of
harassment, bullying or discrimination to the State Education
Department where there has been a finding of probable cause.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget, which assumes this initiative could be administered within the
amounts recommended for the 2014-15 fiscal year.

Effective Date:

This bill would take effect 90 days after it becomes law.

Part F - Extend anti-discrimination protections to students who attend
public schools

Purpose:

This bill would extend anti-discrimination protections that currently
shield members of protected groups from discrimination, harassment,
and bullying in private schools to include public schools.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

All New Yorkers should be able to attend school without fear of
discrimination or harassment, and to the extent that students are
harassed or bullied in school, remedies should be available to them
under the New York State Human Rights Law.

The Division of Human Rights (DHR) had long accepted discrimination
complaints from attendees of public and private secondary schools and
universities. However, in 2012, a NYS Court of Appeals case, involving
severe racial bullying of a young girl, held that the law did not
cover public schools (including public universities) as the statutory
language referencing "educational corporation" or "educational


institution" did not indicate the scope of coverage. As a result, only
students attending tax-exempt private, non-sectarian schools are
currently covered under the Human Rights Law.

This bill would define educational institutions to include both public
and private schools and ensure that all students are afforded
protection against discrimination.

Budget Implications:

This legislation would broaden the scope of DHR's authority. With such
expanded jurisdiction, nonetheless, DHR will be able to perform its
mandated role within the proposed appropriation in the Executive
Budget.

Effective Date:

This bill takes effect immediately.

Part G - Establish the Science, Technology, Engineering and
Mathematics Incentive Program for the top 10% of New York's high
school students

Purpose:

This bill would establish the Science, Technology, Engineering, and
Mathematics (STEM) Incentive Program to encourage our best and
brightest students to be educated in and build their careers in New
York State.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill would amend Education Law to establish STEM Incentive
Program. This program would provide a full tuition scholarship to
attend any college or university within the State University of New
York or the City University of New York to the top 10 percent of high
school graduates from each high school in New York State if a student
commits to work in New York State in a STEM job for five years
following graduation. This program would attract promising high school
students to STEM careers and will help fill job openings in New York
State in a critical sector of our economy.

Budget implications:

Enactment of this bill is necessary to implement the FY 2015 Executive
Budget, which includes an $8 million appropriation to cover first year
costs of the program.

Effective Date:

This bill would take effect April 1, 2014.

Part H - Extend the New York State Higher Education Capital Matching
Grant Program

Purpose:


This bill would extend the Higher Education Capital (HECap) Matching
Grant Program for three additional years.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The FY 2006 Enacted Budget authorized the creation of the $150 million
HECap Matching Grant Program to support capital projects at the
State's various independent colleges and universities. Projects were
selected through a formula-driven process and were required to have a
three to one (non-State to State) dollar match by eligible academic
institutions.

Legislation enacted in 2013 extended the HECap program for a period of
one year and included a competitive process to reallocate unused
funds. To provide adequate time to administer new awards through the
retained competitive process, this bill would extend the program for
three additional years with a sunset date of March 31, 2017.

Budget Implications:

Enactment of this bill is necessary to implement the FY 2015 Executive
Budget, which assumes that up to $13.7 million of the total $150
million provided for the program may be available to eligible academic
institutions in the new competitive process.

Effective Date:

This bill takes effect immediately.

Part I - Authorize the pass-through of any Federal Supplemental
Security Income Cost of Living Adjustment which becomes effective on
or after January 1, 2015

Purpose:

This bill would authorize Federal Supplemental Security Income (SSI)
benefits to be increased in 2015 by the percentage of any SSI Cost of
Living Adjustment (COLA).

Statement in Support,Summary of Provisions, Existing Law, and Prior
Legislative History:

Sections 131-o and 209 of the Social Services Law establish specific
amounts for the monthly Personal Needs Allowance (PNA) and the monthly
SSI standard of need (the maximum combined Federal and State benefit)
for recipients in various living arrangements. This bill amends those
sections of law to set forth the 2014 PNA amounts and the standard of
need for eligibility and payment of additional State payments. It also
authorizes those amounts to be automatically increased in 2015 by the
percentage of any Federal SSI COLA which becomes effective within the
first half of calendar year 2015.

Legislation to effectuate the Federal SSI COLA has been enacted
annually since 1984.

Budget Implications:


If the pass-through of the Federal SSI COLA is not authorized in State
statute, there will be no statutory authority to provide SSI
recipients with the full amount of any Federal increase plus a State
supplement at the current level. The State supplements would be
automatically reduced to reflect the current standards of need set
forth in the SSL.

Effective Date:

This bill takes effect December 31, 2014.

Part J - Prohibit electronic benefit transfers of public assistance
benefits at certain venues

Purpose:

This bill would amend Social Services Law in order to facilitate New
York's compliance with Section 4004 of the Middle Class Tax Relief and
Job Creation Act of 2012 (Public Law 112-96).

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

Public Law 112-96 requires states to establish policies and implement
procedures to prevent the use of temporary assistance for needy
families (TANF) funds issued via electronic benefit transfers at
automated teller machines or point-of-sale terminals in liquor stores,
casinos, gaming establishments and adult-oriented entertainment
venues. This bill would extend these policies and procedures to safety
net assistance, thereby ensuring uniform treatment of public
assistance recipients, and would establish penalties for prohibited
transactions.

Budget Implications:

Enactment of this bill is necessary to implement the 2014-15 Executive
Budget in order to ensure New York State's compliance with Public Law
112-96.

Effective Date:

This bill takes effect sixty days after enactment.

Part K - Mortgage Insurance Fund Utilization

Purpose:

This bill would provide for the utilization of $75.4 million in excess
Mortgage Insurance Fund (MIF or the Fund) reserves.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

The MIF, a division of the State of New York Mortgage Agency (SONYMA),
was created in 1978 to insure mortgage loans for projects that would
not otherwise be able to obtain private mortgage insurance, thereby


encouraging the commercial and public investment of mortgage capital
and increasing the supply of affordable housing in New York State.

The SONYMA statute allows for excess revenues from the Fund, after
expenses and the required reserves, to be returned to the State
following SONYMA board approval. The MIF has been previously used to
support new housing development or provide relief for budgetary
deficits; in FY 2014, $60 million was used for various housing
assistance and capital programs and $104 million was transferred to
the General Fund.

The MIF is currently projected to have in excess of $75 million in
reserves through SFY 2015 that can be accessed without negatively
impacting the Fund's credit rating. The funding would be utilized in
the following manner, as prescribed by the bill:

* Rural Rental Assistance Program ($20.4 million): supports rental
subsidies for low-income elderly and family tenants residing in
federally-funded multifamily projects in rural areas of the State;
Mitchell-Lama Portfolio ($32 million): supports the initial
refinancing and capital repairs of 36 Mitchell-Lama affordable housing
projects that Homes and Community Renewal acquired from the Empire
State Development Corporation;

* Neighborhood and Rural Preservation Programs ($12 million): supports
community-based housing corporations across the State that provide
various housing related services for low- and moderate-income
populations;

* Various affordable housing capital programs ($11 million): supports
the Rural and Urban Community Investment Fund Program ($6.8 million);
the Low-Income Housing Trust Fund Program ($2.5 million); and the
Homes for Working Families Program ($1.8 million) pursuant to the
Governor's House New York initiative.

Budget Implications:

The bill is necessary for enactment of the Executive Budget, which
assumes the MIF revenue for the aforementioned programs.

Effective Date:

This bill takes effect immediately.

Part L - Expand educational services at Office of Children and Family
Services youth facilities and extend the timeframe for facility
closures under the Close to Home initiative

Purpose:

To improve the variety of educational services offered to youth in
Office of Children and Family Services (OCFS) facilities by expanding
contracts with the Boards of Cooperative Educational Services (BOCES),
and to extend the timeframe for facility closures under the Close to
Home initiative.


Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill would amend the Education Law to authorize OCFS to contract
with BOCES to provide any and all educational services at OCFS youth
facilities that BOCES provides to school districts. Under current law,
OCFS may contract with BOCES for special education services only.
Expanding BOCES services would provide more educational opportunities
for youth at these facilities. Additional BOCES services may include
subjects such as foreign languages, music, art, career/technical
skills and others.

This bill would also amend the Social Services Law to extend the
authority of OCFS to close its facilities under the Close to Home
initiative from September 1, 2014 to April 30, 2015. OCFS is
authorized to approve a Close to Home plan for youth in non-secure or
limited secure settings from a social services district with a
population in excess of one million. Within one year of the effective
date of an approved plan, but no later than September 1, 2014, OCFS is
authorized under current law, upon 60 day notice, to close its
facilities and make corresponding staffing and service reductions to
reflect the decreasing number of youth placed in OCFS custody.

In 2012, OCFS approved a plan for a Close to Home initiative for New
York City youth placed in local, non-secure programs. OCFS closed
three of its non-secure facilities and made corresponding staffing and
service reductions, consistent with the resulting decrease in the OCFS
non-secure youth population.

When the Close to Home initiative was enacted, it was projected that
the second phase of the initiative, a New York City plan for limited
secure youth, would become operational in April 2013. However, the
preparation for the transition of limited secure youth from OCFS to
New York City has taken longer than originally anticipated, and
limited secure facility closures may not be effectuated until April,
2015.

Budget Implications:

The current authorization for OCFS to close facilities does not
provide sufficient time to implement a New York City limited secure
Close to Home initiative and associated OCFS facility closures.
Therefore, this bill to extend the timeframe for closures is necessary
to ensure that OCFS limited secure facilities can be closed and
associated savings can be achieved.

Effective Date:

This bill takes effect immediately.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

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

    S. 6356                                                  A. 8556

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

                            January 21, 2014
                               ___________

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

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

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence, calculation of the gap elimination restoration  amount,  appor-
  tionment  of  school aid, teachers of tomorrow teacher recruitment and
  retention program, school district reorganizations and  real  property
  tax  rates, transportation after 4 p.m., to establish a teacher excel-
  lence fund, duties and waivers of school districts with children  with
  handicapping conditions, to authorize the commissioner of education to
  establish  regional tuition rates for approved special education itin-
  erant services, to authorize reimbursement for approved special educa-
  tion itinerant services based on actual attendance, to  authorize  New
  York city to establish local tuition rates for approved special educa-
  tion  itinerant  services;  to  amend  chapter 756 of the laws of 1992
  relating to funding a program for work force  education  conducted  by
  the  consortium  for worker education in New York city, in relation to
  apportionment and reimbursement; and  in  relation  to  extending  the
  expiration  of certain provisions; to amend chapter 169 of the laws of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets;
  to  amend  chapter  82 of the laws of 1995, amending the education law
  and certain other laws relating to state aid to school  districts  and
  the appropriation of funds for the support of government; to amend the
  education law, in relation to the definition of "school district basic
  contribution";  to  amend chapter 147 of the laws of 2001 amending the
  education law relating to conditional appointment of school  district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002  amending  the education law relating to the provision of supple-
  mental educational services, attendance at a safe  public  school  and
  the  suspension  of pupils who bring a firearm to or possess a firearm
  at a school; to amend chapter 101 of the laws  of  2003  amending  the
  education  law  relating to implementation of the No Child Left Behind

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-01-4

S. 6356                             2                            A. 8556

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

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

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

S. 6356                             3                            A. 8556

Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

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

S. 6356                             4                            A. 8556

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

S. 6356                             5                            A. 8556

NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT ROUNDING MULTIPLIED BY (3) THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY,  OF  THE  BASE
YEAR  PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS  SECTION  MINUS  THE
PUBLIC  SCHOOL  DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE
BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT
HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY  (C)  THE  STATE  SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-
TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45)  AND  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT RESTORATION   ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  3.  Paragraph  a  of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess
payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two succeeding school years, provided further that  there  shall  be  no
interest  penalty  assessed  against  such  district or collected by the
state. Such request shall be made to the commissioner in  such  form  as
the  commissioner  shall  prescribe, and shall be based on documentation

S. 6356                             6                            A. 8556

that the total amount to be recovered is in excess of one percent of the
district's total general fund  expenditures  for  the  preceding  school
year.  The  amount to be deducted in the first year shall be the greater
of  (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the  preced-
ing  school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the  product
of  the  district's  total  general  fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal  the
lesser  of  the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount  of  such
excess  payments  shall be recovered in the third year. Provided further
that, notwithstanding any other  provisions  of  this  subdivision,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid  claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to  reflect the amount so recovered. The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such
payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close  of  such  school
year.  For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY  NO  PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS

S. 6356                             7                            A. 8556

PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. Provided, however,
no payments shall be barred or reduced where such payment is required as
a  result  of  a  final audit of the state. It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director of the budget.
  S  4. The opening paragraph of section 3609-a of the education law, as
amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  four  of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision  twelve  of  section  thirty-six
hundred  forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the  time  the  payment  is
processed;  provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of  the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply to this section. For aid payable in the two thousand thirteen--two
thousand  fourteen  school  year, reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".    FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN  THE
LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST

S. 6356                             8                            A. 8556

FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS
CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS DAY OF JUNE OF THE  CURRENT  YEAR,  MONEYS  APPORTIONED  SHALL  NOT
INCLUDE  ANY  AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  AS  CURRENT
YEAR  AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
AREAS  SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE

S. 6356                             9                            A. 8556

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

S. 6356                            10                            A. 8556

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

S. 6356                            11                            A. 8556

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

S. 6356                            12                            A. 8556

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

S. 6356                            13                            A. 8556

one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations of the commissioner rounded up  to  the  nearest  whole  number,
provided  that  in  a  city  school  district having a population of one
million or more, classes that have a maximum class size of  fifteen  may
be increased by no more than one student and provided that the projected
average  class size shall not exceed the maximum specified in the appli-
cable regulation, provided that such authorization  shall  terminate  on
June  thirtieth,  two thousand. Such authorization shall be granted upon
filing of a notice by such a board of education  with  the  commissioner
stating the board's intention to increase such class sizes and a certif-
ication  that  the  board will conduct a study of attendance problems at
the secondary level and will  implement  a  corrective  action  plan  to
increase  the rate of attendance of students in such classes to at least
the rate for students attending regular education classes  in  secondary
schools  of the district. Such corrective action plan shall be submitted
for approval by the commissioner by a date during  the  school  year  in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision to be prescribed by the commissioner. Upon at  least  thirty
days  notice  to  the board of education, after conclusion of the school
year in which such board increases class sizes as provided  pursuant  to
this subdivision, the commissioner shall be authorized to terminate such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS

S. 6356                            14                            A. 8556

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

S. 6356                            15                            A. 8556

SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED  BY  THE  DIRECTOR  OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I)
THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE  OF
THIS  ARTICLE.  THE  LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN
THE CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION  ITINERANT
SERVICES  WITHIN  THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL  EDUCA-
TION  ITINERANT  PROGRAM  PROVIDER  THROUGH  THE COMPETITIVE REQUEST FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED,  HOWEVER,  THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH  SHALL  NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH DISABILITIES WHO
RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO  THOU-
SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S 12. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2010--2011 school year shall not exceed 62.6
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and five cents per contact hour, reimbursement] for the
2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
such  approvable  costs  per  contact hour or twelve dollars and fifteen
cents per contact hour, reimbursement for  the  2012--2013  school  year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact  hour  or twelve dollars and thirty-five cents per contact hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND
THREE CENTS PER CONTACT HOUR  where  a  contact  hour  represents  sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five  thousand one hundred ninety-eight (1,525,198) hours; where-
as] for the 2011--2012 school year such contact hours shall  not  exceed
one  million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas for the 2012--2013 school year such contact  hours  shall
not  exceed  one  million  six  hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
such  contact  hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six  (1,649,746)  hours;  WHEREAS  FOR  THE
2014--2015  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED THIRTY-TWO THOUSAND  ONE  HUNDRED  TWENTY-NINE  (1,432,129)
HOURS.   Notwithstanding any other provision of law to the contrary, the
apportionment calculated for the city school district of the city of New
York pursuant to subdivision 11 of section 3602  of  the  education  law
shall  be  computed  as if such contact hours provided by the consortium

S. 6356                            16                            A. 8556

for worker education, not to exceed the contact hours set forth  herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S  13. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion s to read as follows:
  S. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2014--2015 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  S 14. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 30 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2015] 2016.
  S  16. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by section 31 of part A of chapter  57
of the laws of 2013, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2014] 2015 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section one hundred [nineteen] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;

S. 6356                            17                            A. 8556

  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school
districts other than central high school districts and their components,
such tax levy for the base year shall be divided by the  year  prior  to
the  base year pupil count as determined by the commissioner pursuant to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter for any school district in which such year  prior  to  the  base
year  pupil  count  exceeds  one hundred fifty percent of such base year
public school district enrollment of resident pupils.
  S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to the  provisions  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  33 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2014] 2015.
  S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, is amended to read as follows:
  Notwithstanding any provision of law to the contrary, for aid  payable
in  the  two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two  thousand  nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, for the two

S. 6356                            18                            A. 8556

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

S. 6356                            19                            A. 8556

exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 24. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2015, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and

S. 6356                            20                            A. 8556

shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph,  and any reminder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  25.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total

S. 6356                            21                            A. 8556

foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
school  year.  To the city school district of the city of New York there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an  alternative  approach  to  reduction  of
racial  isolation  and/or  enhancement  of the instructional program and
raising of standards in  elementary  and  secondary  schools  of  school
districts  having  substantial  concentrations of minority students. The
commissioner of education shall not be  authorized  to  withhold  magnet
grant  funds  from  a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency  with  a  request
for proposals issued by such commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
school  year,  it is further provided that any city school district in a
city having a population of more than  one  million  shall  allocate  at
least one-third of any increase from base year levels in funds set aside
pursuant  to  the  requirements  of  this subdivision to community-based
organizations. Any increase required pursuant  to  this  subdivision  to
community-based   organizations  must  be  in  addition  to  allocations
provided to community-based organizations in  the  base  year.  For  the

S. 6356                            22                            A. 8556

purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or  made  available;
provided,  however,  that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all  funds  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  collective  negotiations  conducted pursuant to the provisions and
procedures of article 14 of the civil service law,  notwithstanding  the
existence  of  a  negotiated  agreement  between a school district and a
certified or recognized employee organization.
  S 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2014--2015
by a chapter of the laws of 2014 enacting the education, labor and fami-
ly  assistance  budget  shall  fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the  budget,  the  aid  payable  to
libraries  and  library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of  aid  payable
does not exceed the total appropriations for such purpose.
  S 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.

S. 6356                            23                            A. 8556

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

                                 PART B

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

                     SMART SCHOOLS BOND ACT OF 2014

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

S. 6356                            24                            A. 8556

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

                                 PART C

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

S. 6356                            25                            A. 8556

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

S. 6356                            26                            A. 8556

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

S. 6356                            27                            A. 8556

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

                                 PART D

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

S. 6356                            28                            A. 8556

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

S. 6356                            29                            A. 8556

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

S. 6356                            30                            A. 8556

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

                                 PART E

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

S. 6356                            31                            A. 8556

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

                                 PART F

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

S. 6356                            32                            A. 8556

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

                                 PART G

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

S. 6356                            33                            A. 8556

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

                                 PART H

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

S. 6356                            34                            A. 8556

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

S. 6356                            35                            A. 8556

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

                                 PART I

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

S. 6356                            36                            A. 8556

  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective on or after January first, two thousand [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  Section  1.    The  opening  paragraph  of  section 21-a of the social
services law, as added by section 144-a of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  Any  electronic  benefit  transfer  system shall be implemented by the
department on a statewide basis and shall be  administered  pursuant  to
the provisions of this section.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE
PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.

S. 6356                            37                            A. 8556

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

S. 6356                            38                            A. 8556

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

                                 PART K

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

S. 6356                            39                            A. 8556

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

S. 6356                            40                            A. 8556

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

S. 6356                            41                            A. 8556

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

                                 PART L

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

                                SUBPART A

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

S. 6356                            42                            A. 8556

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

                                SUBPART B

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

S. 6356                            43                            A. 8556

educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote the social,  mental,  economic  and  behavioral  development  of
placed  youth; (4) future capacity requirements for the effective opera-
tion of youth facilities; (5) the physical  characteristics,  conditions
and  costs  of  operation  of  the facility; and (6) the location of the
facility in regards to costs and ease of transportation of placed  youth
and their families.
  S  2. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 7 of section  404  of  the  social
services law made by section one of this act shall not affect the repeal
of  such  section  and  shall  be  deemed repealed therewith pursuant to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through L of this act shall be
as specifically set forth in the last section of such Parts.

S6356A - Bill Details

See Assembly Version of this Bill:
A8556D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6356A - Bill Texts

view summary

Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates 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; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).

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

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

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

                            January 21, 2014
                               ___________

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

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

AN  ACT  to amend the education law, in relation to contracts for excel-
  lence, calculation of the gap elimination restoration  amount,  appor-
  tionment  of  school aid, teachers of tomorrow teacher recruitment and
  retention program, school district reorganizations and  real  property
  tax  rates, transportation after 4 p.m., to establish a teacher excel-
  lence fund, duties and waivers of school districts with children  with
  handicapping conditions, to authorize the commissioner of education to
  establish  regional tuition rates for approved special education itin-
  erant services, to authorize reimbursement for approved special educa-
  tion itinerant services based on actual attendance, to  authorize  New
  York city to establish local tuition rates for approved special educa-
  tion  itinerant  services;  to  amend  chapter 756 of the laws of 1992
  relating to funding a program for work force  education  conducted  by
  the  consortium  for worker education in New York city, in relation to
  apportionment and reimbursement; and  in  relation  to  extending  the
  expiration  of certain provisions; to amend chapter 169 of the laws of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations, aid to localities, capital projects and debt service  budgets;
  to  amend  chapter  82 of the laws of 1995, amending the education law
  and certain other laws relating to state aid to school  districts  and
  the appropriation of funds for the support of government; to amend the
  education law, in relation to the definition of "school district basic
  contribution";  to  amend chapter 147 of the laws of 2001 amending the
  education law relating to conditional appointment of school  district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002  amending  the education law relating to the provision of supple-
  mental educational services, attendance at a safe  public  school  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-02-4

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

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

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2014-2015
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through L. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section

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

"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

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

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

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

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

PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C) THE PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER  WITHOUT  ROUND-
ING,  OF:  (1)  THE  PRODUCT  OF THE QUOTIENT OF THE TAX EFFORT RATIO AS
DEFINED IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND  ONE
HUNDRED  SEVENTY-SIX  THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED BY THE
POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS  THE  ALTERNATE  PUPIL  WEALTH
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  B OF SUBDIVISION THREE OF THIS
SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO  THREE  DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT  ROUNDING  MULTIPLIED  BY  (3)  THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B)  THE  PRODUCT  OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE
YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO  SUBPARA-
GRAPH  TWO  OF  PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR  TO  THE
BASE  YEAR,  AS  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY  (B)  ONE  THOUSAND  EIGHT
HUNDRED  FIFTEEN  DOLLARS  ($1,815)  MULTIPLIED BY (C) THE STATE SHARING
RATIO COMPUTED PURSUANT TO PARAGRAPH G  OF  SUBDIVISION  THREE  OF  THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO  THE  CONTRARY, THAT A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORA-
TION FOR THE TWO THOUSAND FOURTEEN--TWO  THOUSAND  FIFTEEN  SCHOOL  YEAR
SHALL  NOT  EXCEED  THE PRODUCT OF FORTY-FIVE PERCENT (0.45) AND THE GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G) THE GAP ELIMINATION ADJUSTMENT  RESTORATION  AMOUNT  FOR  THE  TWO
THOUSAND  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SHALL
EQUAL THE PRODUCT OF THE GAP ELIMINATION PERCENTAGE  FOR  SUCH  DISTRICT
AND  THE  GAP ELIMINATION ADJUSTMENT RESTORATION  ALLOCATION ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S 3. Paragraph a of subdivision 5 of section  3604  of  the  education
law,  as  amended by chapter 161 of the laws of 2005, is amended to read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall be corrected by the commissioner. Whenever a school  district  has
been  apportioned  less  money  than  that  to which it is entitled, the
commissioner may allot to such district the balance to which it is enti-
tled. Whenever a school district has been apportioned  more  money  than
that  to which it is entitled, the commissioner may, by an order, direct
such moneys to be paid back to the state to be credited to  the  general
fund  local  assistance  account  for  state  aid to the schools, or may
deduct such amount from the  next  apportionment  to  be  made  to  said
district,  provided, however, that, upon notification of excess payments
of aid for which a recovery must be made by the state through  deduction
of  future  aid payments, a school district may request that such excess
payments be  recovered  by  deducting  such  excess  payments  from  the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two  succeeding  school  years,  provided further that there shall be no
interest penalty assessed against such  district  or  collected  by  the

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

state.  Such  request  shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be  based  on  documentation
that the total amount to be recovered is in excess of one percent of the
district's  total  general  fund  expenditures  for the preceding school
year. The amount to be deducted in the first year shall be  the  greater
of  (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the  preced-
ing  school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the  product
of  the  district's  total  general  fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal  the
lesser  of  the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount  of  such
excess  payments  shall be recovered in the third year. Provided further
that, notwithstanding any other  provisions  of  this  subdivision,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid  claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to  reflect the amount so recovered. The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such
payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close  of  such  school
year.  For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY  NO  PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED
FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO

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

A  SCHOOL  DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A,
ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO  OF  THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED  TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS-
SIONER IN SUPPORT OF THE EXECUTIVE  BUDGET  REQUEST  SUBMITTED  FOR  THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. Provided, however,
no payments shall be barred or reduced where such payment is required as
a  result  of  a  final audit of the state. It is further provided that,
until June thirtieth, nineteen hundred ninety-six, the commissioner  may
grant  a  waiver  from  the  provisions  of  this section for any school
district if it is in the best  educational  interests  of  the  district
pursuant to guidelines developed by the commissioner and approved by the
director of the budget.
  S  4. The opening paragraph of section 3609-a of the education law, as
amended by section 14 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  For  aid  payable in the two thousand seven--two thousand eight school
year [and thereafter] THROUGH THE TWO  THOUSAND  THIRTEEN--TWO  THOUSAND
FOURTEEN  SCHOOL YEAR, "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  four  of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision  twelve  of  section  thirty-six
hundred  forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the  time  the  payment  is
processed;  provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of  the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply to this section. For aid payable in the two thousand thirteen--two
thousand  fourteen  school  year, reference to such "school aid computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".    FOR AID PAYABLE IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN  THE
LESSER  OF:  (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT
SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO  THIS  SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES

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

THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS
CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS DAY OF JUNE OF THE  CURRENT  YEAR,  MONEYS  APPORTIONED  SHALL  NOT
INCLUDE  ANY  AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  AS  CURRENT
YEAR  AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE

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

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

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

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

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

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

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

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

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

one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations of the commissioner rounded up  to  the  nearest  whole  number,
provided  that  in  a  city  school  district having a population of one
million or more, classes that have a maximum class size of  fifteen  may
be increased by no more than one student and provided that the projected
average  class size shall not exceed the maximum specified in the appli-
cable regulation, provided that such authorization  shall  terminate  on
June  thirtieth,  two thousand. Such authorization shall be granted upon
filing of a notice by such a board of education  with  the  commissioner
stating the board's intention to increase such class sizes and a certif-
ication  that  the  board will conduct a study of attendance problems at
the secondary level and will  implement  a  corrective  action  plan  to
increase  the rate of attendance of students in such classes to at least
the rate for students attending regular education classes  in  secondary
schools  of the district. Such corrective action plan shall be submitted
for approval by the commissioner by a date during  the  school  year  in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision to be prescribed by the commissioner. Upon at  least  thirty
days  notice  to  the board of education, after conclusion of the school
year in which such board increases class sizes as provided  pursuant  to
this subdivision, the commissioner shall be authorized to terminate such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS

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

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

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

SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED  BY  THE  DIRECTOR  OF THE BUDGET PURSUANT TO SUBPARAGRAPHS (I)
THROUGH (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE  OF
THIS  ARTICLE.  THE  LOCAL TUITION RATES SO ESTABLISHED SHALL BE USED IN
THE CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION  ITINERANT
SERVICES  WITHIN  THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL  EDUCA-
TION  ITINERANT  PROGRAM  PROVIDER  THROUGH  THE COMPETITIVE REQUEST FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED EDUCATION PROGRAM OF THE PRESCHOOL CHILD. PROVIDED,  HOWEVER,  THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH  SHALL  NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH DISABILITIES WHO
RECEIVED PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO  THOU-
SAND  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S 12. Subdivision b of section 2 of chapter 756 of the laws  of  1992,
relating  to funding a program for work force education conducted by the
consortium for worker education in New York city, as amended by  section
27  of  part  A of chapter 57 of the laws of 2013, is amended to read as
follows:
  b. Reimbursement for programs approved in accordance with  subdivision
a  of this section [for the 2010--2011 school year shall not exceed 62.6
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars  and five cents per contact hour, reimbursement] for the
2011--2012 school year shall not exceed 62.9 percent of  the  lesser  of
such  approvable  costs  per  contact hour or twelve dollars and fifteen
cents per contact hour, reimbursement for  the  2012--2013  school  year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact  hour  or twelve dollars and thirty-five cents per contact hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent of the lesser of such  approvable  costs  per  contact  hour  or
twelve  dollars and sixty-five cents per contact hour, AND REIMBURSEMENT
FOR THE 2014--2015 SCHOOL YEAR SHALL NOT  EXCEED  61.6  PERCENT  OF  THE
LESSER  OF  SUCH  APPROVABLE COSTS PER CONTACT HOUR OR EIGHT DOLLARS AND
THREE CENTS PER CONTACT HOUR  where  a  contact  hour  represents  sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five  thousand one hundred ninety-eight (1,525,198) hours; where-
as] for the 2011--2012 school year such contact hours shall  not  exceed
one  million seven hundred one thousand five hundred seventy (1,701,570)
hours; whereas for the 2012--2013 school year such contact  hours  shall
not  exceed  one  million  six  hundred sixty-four thousand five hundred
thirty-two (1,664,532) hours; whereas for  the  2013--2014  school  year
such  contact  hours shall not exceed one million six hundred forty-nine
thousand seven hundred forty-six  (1,649,746)  hours;  WHEREAS  FOR  THE
2014--2015  SCHOOL  YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FOUR HUNDRED THIRTY-TWO THOUSAND  ONE  HUNDRED  TWENTY-NINE  (1,432,129)
HOURS.   Notwithstanding any other provision of law to the contrary, the
apportionment calculated for the city school district of the city of New
York pursuant to subdivision 11 of section 3602  of  the  education  law
shall  be  computed  as if such contact hours provided by the consortium

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

for worker education, not to exceed the contact hours set forth  herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S  13. Section 4 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker  education  in New York city, is amended by adding a new subdivi-
sion s to read as follows:
  S. THE PROVISIONS OF  THIS  SUBDIVISION  SHALL  NOT  APPLY  AFTER  THE
COMPLETION  OF  PAYMENTS FOR THE 2014--2015 SCHOOL YEAR. NOTWITHSTANDING
ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION  SHALL
WITHHOLD  A  PORTION  OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE  ACCOUNT
AND  SHALL  NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED THOUSAND DOLLARS
($11,500,000).
  S 14. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 30 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2015] 2016.
  S  16. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by section 31 of part A of chapter  57
of the laws of 2013, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2014] 2015 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section one hundred [nineteen] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;

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

  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND  FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for school
districts other than central high school districts and their components,
such tax levy for the base year shall be divided by the  year  prior  to
the  base year pupil count as determined by the commissioner pursuant to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter for any school district in which such year  prior  to  the  base
year  pupil  count  exceeds  one hundred fifty percent of such base year
public school district enrollment of resident pupils.
  S 18. Section 12 of chapter 147 of the  laws  of  2001,  amending  the
education  law  relating  to conditional appointment of school district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 12. This act shall take effect on the same date as  chapter  180  of
the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S  19.  Section  4  of  chapter  425 of the laws of 2002, amending the
education law relating to the  provisions  of  supplemental  educational
services,  attendance  at  a  safe  public  school and the suspension of
pupils who bring a firearm to or possess  a  firearm  at  a  school,  as
amended  by  section  33 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  S 4. This act shall take effect July 1, 2002 and shall expire  and  be
deemed repealed June 30, [2014] 2015.
  S  20.  Section  5  of  chapter  101 of the laws of 2003, amending the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  S 5. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall expire and be deemed repealed on
June 30, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, is amended to read as follows:
  Notwithstanding any provision of law to the contrary, for aid  payable
in  the  two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two  thousand  nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each  school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the  elec-
tronic  data  file  produced  by  the commissioner in support of the two
thousand nine--two thousand ten education, labor and  family  assistance
budget,  provided,  however, that in the case of a district implementing
programs for the first time or implementing expansion  programs  in  the
two  thousand  eight--two  thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as  provided
in  section  151-1.4 of the regulations of the commissioner, for the two

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

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

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

exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 24. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2015, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and

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shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph,  and any reminder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  25.  a.  Notwithstanding  any  other law, rule or regulation to the
contrary, any moneys appropriated to the state education department  may
be  suballocated  to  other state departments or agencies, as needed, to
accomplish the intent of the specific appropriations contained therein.
  b. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to the state education department from the general
fund/aid to localities,  local  assistance  account-001,  shall  be  for
payment  of  financial  assistance,  as scheduled, net of disallowances,
refunds, reimbursement and credits.
  c. Notwithstanding any other law, rule or regulation to the  contrary,
all  moneys  appropriated  to  the state education department for aid to
localities shall be available for payment of aid heretofore or hereafter
to accrue and may be suballocated to other departments and  agencies  to
accomplish the intent of the specific appropriations contained therein.
  d.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated  to  the  state  education  department  for  general
support  for  public  schools may be interchanged with any other item of
appropriation for general support for public schools within the  general
fund  local  assistance  account office of prekindergarten through grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city  of  Rochester,  upon
the  consent  of  the  board  of cooperative educational services of the
supervisory district serving its geographic  region  may  purchase  from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total

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

foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
school  year.  To the city school district of the city of New York there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an  alternative  approach  to  reduction  of
racial  isolation  and/or  enhancement  of the instructional program and
raising of standards in  elementary  and  secondary  schools  of  school
districts  having  substantial  concentrations of minority students. The
commissioner of education shall not be  authorized  to  withhold  magnet
grant  funds  from  a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency  with  a  request
for proposals issued by such commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
school  year,  it is further provided that any city school district in a
city having a population of more than  one  million  shall  allocate  at
least one-third of any increase from base year levels in funds set aside
pursuant  to  the  requirements  of  this subdivision to community-based
organizations. Any increase required pursuant  to  this  subdivision  to
community-based   organizations  must  be  in  addition  to  allocations
provided to community-based organizations in  the  base  year.  For  the

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purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or  made  available;
provided,  however,  that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all  funds  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  collective  negotiations  conducted pursuant to the provisions and
procedures of article 14 of the civil service law,  notwithstanding  the
existence  of  a  negotiated  agreement  between a school district and a
certified or recognized employee organization.
  S 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2014--2015
by a chapter of the laws of 2014 enacting the education, labor and fami-
ly  assistance  budget  shall  fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the  budget,  the  aid  payable  to
libraries  and  library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of  aid  payable
does not exceed the total appropriations for such purpose.
  S 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of this act or remainder thereof, as the  case  may  be,  to  any  other
person  or  circumstance,  but shall be confined in its operation to the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly  involved  in the controversy in which such judgment shall have
been rendered.

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

                                 PART B

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

                     SMART SCHOOLS BOND ACT OF 2014

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

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

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

                                 PART C

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

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

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

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

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

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

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

                                 PART D

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

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

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

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

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

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

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

                                 PART E

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

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

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

                                 PART F

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

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

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

                                 PART G

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

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

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

                                 PART H

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

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

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

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

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

                                 PART I

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

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

  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective on or after January first, two thousand [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  Section  1.    The  opening  paragraph  of  section 21-a of the social
services law, as added by section 144-a of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  Any  electronic  benefit  transfer  system shall be implemented by the
department on a statewide basis and shall be  administered  pursuant  to
the provisions of this section.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE
PUBLIC  OR  TO UNAUTHORIZED PERSONNEL, SUCH AS NON-WAGERING AREAS OF THE
BACKSTRETCH.

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

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

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

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

                                 PART K

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

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

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

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

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

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

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

                                 PART L

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

                                SUBPART A

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

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

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

                                SUBPART B

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

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

educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote the social,  mental,  economic  and  behavioral  development  of
placed  youth; (4) future capacity requirements for the effective opera-
tion of youth facilities; (5) the physical  characteristics,  conditions
and  costs  of  operation  of  the facility; and (6) the location of the
facility in regards to costs and ease of transportation of placed  youth
and their families.
  S  2. This act shall take effect immediately; provided that the amend-
ments to paragraph (a) of subdivision 7 of section  404  of  the  social
services law made by section one of this act shall not affect the repeal
of  such  section  and  shall  be  deemed repealed therewith pursuant to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through L of this act shall be
as specifically set forth in the last section of such Parts.

S6356B - Bill Details

See Assembly Version of this Bill:
A8556D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6356B - Bill Texts

view summary

Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates 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; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).

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

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

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

                            January 21, 2014
                               ___________

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

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

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence,  calculation  of the gap elimination restoration amount, appor-
  tionment of school aid, teachers of tomorrow teacher  recruitment  and
  retention  program,  school district reorganizations and real property
  tax rates, transportation after 4 p.m., to establish a teacher  excel-
  lence  fund, duties and waivers of school districts with children with
  handicapping conditions, to authorize the commissioner of education to
  establish regional tuition rates for approved special education  itin-
  erant services, to authorize reimbursement for approved special educa-
  tion  itinerant  services based on actual attendance, to authorize New
  York city to establish local tuition rates for approved special educa-
  tion itinerant services; to amend chapter 756  of  the  laws  of  1992
  relating  to  funding  a program for work force education conducted by
  the consortium for worker education in New York city, in  relation  to
  apportionment  and  reimbursement;  and  in  relation to extending the
  expiration of certain provisions; to amend chapter 169 of the laws  of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations,  aid to localities, capital projects and debt service budgets;
  to amend chapter 82 of the laws of 1995, amending  the  education  law
  and  certain  other laws relating to state aid to school districts and
  the appropriation of funds for the support of government; to amend the
  education law, in relation to the definition of "school district basic
  contribution"; to amend chapter 147 of the laws of 2001  amending  the
  education  law relating to conditional appointment of school district,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-03-4

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

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

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

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2014-2015

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

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

                                 PART A

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

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

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

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

PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B)  THE  PRODUCT OF THREE HUNDRED SIXTY-THREE DOLLARS AND FIFTY CENTS
($363.50) MULTIPLIED BY (1) THE POSITIVE  DIFFERENCE,  IF  ANY,  OF  ONE
MINUS  THE  PRODUCT OF ONE AND THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTI-
PLIED BY THE COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE
OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION BUT NOT GREATER THAN
NINE-TENTHS (0.9) MULTIPLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT
ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION ONE OF THIS SECTION, OR
  (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
MALS WITHOUT ROUNDING, MULTIPLIED BY (2) TWO HUNDRED FIFTY-THREE DOLLARS
AND FIFTY CENTS ($253.50) WITH THE RESULT COMPUTED TO TWO DECIMALS WITH-
OUT ROUNDING MULTIPLIED BY (3) THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT
ENROLLMENT  AS  COMPUTED  PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION; AND
  (B) THE PRODUCT OF (A) THE POSITIVE DIFFERENCE, IF ANY,  OF  THE  BASE
YEAR  PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARA-
GRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS  SECTION  MINUS  THE
PUBLIC  SCHOOL  DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR TO THE
BASE YEAR, AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF  PARAGRAPH  N  OF
SUBDIVISION  ONE  OF  THIS  SECTION MULTIPLIED BY (B) ONE THOUSAND EIGHT
HUNDRED FIFTEEN DOLLARS ($1,815) MULTIPLIED BY  (C)  THE  STATE  SHARING
RATIO  COMPUTED  PURSUANT  TO  PARAGRAPH  G OF SUBDIVISION THREE OF THIS
SECTION;
  (IV) PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-
TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
SHALL NOT EXCEED THE PRODUCT OF FORTY-FIVE PERCENT (0.45)  AND  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G)  THE  GAP  ELIMINATION  ADJUSTMENT  RESTORATION AMOUNT FOR THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER  SHALL
EQUAL  THE  PRODUCT  OF THE GAP ELIMINATION PERCENTAGE FOR SUCH DISTRICT
AND THE GAP ELIMINATION ADJUSTMENT RESTORATION   ALLOCATION  ESTABLISHED
PURSUANT TO SUBDIVISION EIGHTEEN OF THIS SECTION.
  S  3.  Paragraph  a  of subdivision 5 of section 3604 of the education
law, as amended by chapter 161 of the laws of 2005, is amended  to  read
as follows:
  a. State aid adjustments. All errors or omissions in the apportionment
shall  be  corrected by the commissioner. Whenever a school district has
been apportioned less money than that  to  which  it  is  entitled,  the
commissioner may allot to such district the balance to which it is enti-
tled.  Whenever  a  school district has been apportioned more money than
that to which it is entitled, the commissioner may, by an order,  direct
such  moneys  to be paid back to the state to be credited to the general
fund local assistance account for state  aid  to  the  schools,  or  may
deduct  such  amount  from  the  next  apportionment  to be made to said
district, provided, however, that, upon notification of excess  payments
of  aid for which a recovery must be made by the state through deduction
of future aid payments, a school district may request that  such  excess

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

payments  be  recovered  by  deducting  such  excess  payments  from the
payments due to such school district and payable in the month of June in
(i) the school year in which such notification was received and (ii) the
two  succeeding  school  years,  provided further that there shall be no
interest penalty assessed against such  district  or  collected  by  the
state.  Such  request  shall be made to the commissioner in such form as
the commissioner shall prescribe, and shall be  based  on  documentation
that the total amount to be recovered is in excess of one percent of the
district's  total  general  fund  expenditures  for the preceding school
year. The amount to be deducted in the first year shall be  the  greater
of  (i) the sum of the amount of such excess payments that is recognized
as a liability due to other governments by the district for the  preced-
ing  school year and the positive remainder of the district's unreserved
fund balance at the close of the preceding school year less the  product
of  the  district's  total  general  fund expenditures for the preceding
school year multiplied by five percent, or (ii) one-third of such excess
payments. The amount to be recovered in the second year shall equal  the
lesser  of  the remaining amount of such excess payments to be recovered
or one-third of such excess payments, and the remaining amount  of  such
excess  payments  shall be recovered in the third year. Provided further
that, notwithstanding any other  provisions  of  this  subdivision,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of this subdivision for aid  claims
that  had been previously paid as current year aid payments in excess of
the amount to which the district is entitled and for which  recovery  of
excess  payments  is  to  be  made  pursuant to this paragraph, shall be
reduced at the time of  actual  payment  by  any  remaining  unrecovered
balance  of such excess payments, and the remaining scheduled deductions
of such excess payments pursuant to this paragraph shall be  reduced  by
the  commissioner  to  reflect the amount so recovered. The commissioner
shall certify no payment to a school district based on a claim submitted
later than three years after the close of the school year in which  such
payment  was first to be made.  For claims for which payment is first to
be made in the nineteen hundred  ninety-six--ninety-seven  school  year,
the  commissioner shall certify no payment to a school district based on
a claim submitted later than two years after the close  of  such  school
year.  For claims for which payment is first to be made [in the nineteen
hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND  THIRTEEN-
-TWO  THOUSAND  FOURTEEN  school year [and thereafter], the commissioner
shall certify no payment to a school district based on a claim submitted
later than one year after the  close  of  such  school  year.    FURTHER
PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN
HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED  FIFTY-ONE, SEVEN
HUNDRED FIFTY-THREE, NINETEEN HUNDRED  FIFTY,  THIRTY-SIX  HUNDRED  TWO,
THIRTY-SIX  HUNDRED  TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED
TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR  HUNDRED  FIVE  OF  THIS
CHAPTER  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN AND PRIOR
SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY  NO  PAYMENT  TO  A  SCHOOL
DISTRICT,  OTHER  THAN  PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN,
THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART,  IN
EXCESS  OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO
PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER  IN
SUPPORT  OF  THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR AND ENTITLED "BT141-5",
AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS  PROVIDED  PURSUANT  TO
SECTIONS   SEVEN  HUNDRED  ONE,  SEVEN  HUNDRED  ELEVEN,  SEVEN  HUNDRED

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

FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX
HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED  TWO-C,  THIR-
TY-SIX  HUNDRED  TWO-E, THIRTY-SIX HUNDRED TWELVE AND FORTY-FOUR HUNDRED
FIVE  OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO
A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO  SUBDIVISIONS  SIX-A,
ELEVEN,  THIRTEEN  AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE
USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE  COMMIS-
SIONER  IN  SUPPORT  OF  THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE
STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. Provided, however,
no payments shall be barred or reduced where such payment is required as
a result of a final audit of the state. It  is  further  provided  that,
until  June thirtieth, nineteen hundred ninety-six, the commissioner may
grant a waiver from the  provisions  of  this  section  for  any  school
district  if  it  is  in  the best educational interests of the district
pursuant to guidelines developed by the commissioner and approved by the
director of the budget.
  S 4. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  14 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  [and  thereafter]  THROUGH THE TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN SCHOOL YEAR, "moneys apportioned" shall mean the lesser of  (i)
the  sum  of  one hundred percent of the respective amount set forth for
each school district as payable pursuant to this section in  the  school
aid  computer  listing for the current year produced by the commissioner
in support of the budget which includes the appropriation for the gener-
al support for public schools for the prescribed payments  and  individ-
ualized  payments due prior to April first for the current year plus the
apportionment payable during the current school year pursuant to  subdi-
vision  six-a  and subdivision fifteen of section thirty-six hundred two
of this part minus any reductions  to  current  year  aids  pursuant  to
subdivision seven of section thirty-six hundred four of this part or any
deduction  from  apportionment  payable  pursuant  to  this  chapter for
collection of a school district basic contribution as defined in  subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants  provided pursuant to subparagraph two-a of paragraph b of subdi-
vision four of section ninety-two-c of the state finance law,  less  any
grants  provided  pursuant  to  subdivision twelve of section thirty-six
hundred forty-one of this article, or (ii) the apportionment  calculated
by  the  commissioner  based  on data on file at the time the payment is
processed; provided however, that for the purposes of any payments  made
pursuant  to this section prior to the first business day of June of the
current year, moneys apportioned shall  not  include  any  aids  payable
pursuant  to  subdivisions  six  and fourteen, if applicable, of section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or any aids payable for  full-day  kindergarten  for  the  current  year
pursuant  to  subdivision nine of section thirty-six hundred two of this
part. The definitions of "base year" and "current year" as set forth  in
subdivision  one  of  section  thirty-six hundred two of this part shall
apply to this section. For aid payable in the two thousand thirteen--two
thousand fourteen school year, reference to such  "school  aid  computer
listing  for  the  current  year"  shall  mean  the  printouts  entitled
"SA131-4".  FOR AID PAYABLE IN THE TWO THOUSAND  FOURTEEN--TWO  THOUSAND

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

FIFTEEN  SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE
LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE  RESPECTIVE  AMOUNT
SET  FORTH  FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION
IN  THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST  WHICH  INCLUDES
THE  APPROPRIATION  FOR  THE  GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE
PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST
FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING  THE  CURRENT
SCHOOL  YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIR-
TY-SIX HUNDRED TWO OF THIS PART MINUS ANY  REDUCTIONS  TO  CURRENT  YEAR
AIDS PURSUANT TO SUBDIVISION SEVEN OF SECTION THIRTY-SIX HUNDRED FOUR OF
THIS  PART  OR ANY DEDUCTION FROM APPORTIONMENT PAYABLE PURSUANT TO THIS
CHAPTER FOR COLLECTION  OF  A  SCHOOL  DISTRICT  BASIC  CONTRIBUTION  AS
DEFINED  IN  SUBDIVISION EIGHT OF SECTION FORTY-FOUR HUNDRED ONE OF THIS
CHAPTER, LESS ANY GRANTS PROVIDED  PURSUANT  TO  SUBPARAGRAPH  TWO-A  OF
PARAGRAPH  B  OF  SUBDIVISION  FOUR OF SECTION NINETY-TWO-C OF THE STATE
FINANCE LAW, LESS ANY GRANTS PROVIDED PURSUANT TO SUBDIVISION TWELVE  OF
SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE; OR (II) THE APPOR-
TIONMENT  CALCULATED  BY  THE  COMMISSIONER BASED ON DATA ON FILE AT THE
TIME THE PAYMENT IS PROCESSED; PROVIDED HOWEVER, THAT FOR  THE  PURPOSES
OF  ANY  PAYMENTS MADE PURSUANT TO THIS SECTION PRIOR TO THE FIRST BUSI-
NESS DAY OF JUNE OF THE  CURRENT  YEAR,  MONEYS  APPORTIONED  SHALL  NOT
INCLUDE  ANY  AIDS PAYABLE PURSUANT TO SUBDIVISIONS SIX AND FOURTEEN, IF
APPLICABLE, OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  PART  AS  CURRENT
YEAR  AID FOR DEBT SERVICE ON BOND ANTICIPATION NOTES AND/OR BONDS FIRST
ISSUED IN THE CURRENT YEAR OR ANY AIDS PAYABLE FOR FULL-DAY KINDERGARTEN
FOR THE CURRENT YEAR PURSUANT TO SUBDIVISION NINE OF SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS PART. THE DEFINITIONS OF "BASE YEAR" AND "CURRENT
YEAR" AS SET FORTH IN SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED  TWO
OF THIS PART SHALL APPLY TO THIS SECTION.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO

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

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

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

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

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

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

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

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

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

MENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER AND REGULATIONS
OF THE COMMISSIONER.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section  21  of  part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  6. Notwithstanding any other law, rule or regulation to the  contrary,
the  board  of  education of a city school district with a population of
one hundred twenty-five thousand or more inhabitants shall be  permitted
to  establish  maximum  class  sizes  for  special  classes  for certain
students with disabilities in accordance with  the  provisions  of  this
subdivision. For the purpose of obtaining relief from any adverse fiscal
impact  from under-utilization of special education resources due to low
student attendance in  special  education  classes  at  the  middle  and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations of the commissioner rounded up  to  the  nearest  whole  number,
provided  that  in  a  city  school  district having a population of one
million or more, classes that have a maximum class size of  fifteen  may
be increased by no more than one student and provided that the projected
average  class size shall not exceed the maximum specified in the appli-
cable regulation, provided that such authorization  shall  terminate  on
June  thirtieth,  two thousand. Such authorization shall be granted upon
filing of a notice by such a board of education  with  the  commissioner
stating the board's intention to increase such class sizes and a certif-
ication  that  the  board will conduct a study of attendance problems at
the secondary level and will  implement  a  corrective  action  plan  to
increase  the rate of attendance of students in such classes to at least
the rate for students attending regular education classes  in  secondary
schools  of the district. Such corrective action plan shall be submitted
for approval by the commissioner by a date during  the  school  year  in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision to be prescribed by the commissioner. Upon at  least  thirty
days  notice  to  the board of education, after conclusion of the school
year in which such board increases class sizes as provided  pursuant  to
this subdivision, the commissioner shall be authorized to terminate such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.

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

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

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

OF  SECTION FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE. SUCH SPECIAL EDUCA-
TION ITINERANT SERVICES SHALL BE PROVIDED BY APPROVED PROGRAMS, AND SUCH
APPROVED PROGRAMS SHALL BE REIMBURSED FOR SUCH  SERVICES  BASED  ON  THE
ACTUAL ATTENDANCE OF PRESCHOOL CHILDREN RECEIVING SUCH SERVICES.
  (IV) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL
YEAR  AND THEREAFTER, THE CITY OF NEW YORK SHALL BE AUTHORIZED TO ESTAB-
LISH LOCAL  TUITION  RATES  FOR  APPROVED  SPECIAL  EDUCATION  ITINERANT
SERVICES  PROVIDED  WITHIN  THE  CITY  OF NEW YORK THROUGH A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS, PROVIDED THAT SUCH  LOCAL  TUITION  RATES
SHALL  NOT  EXCEED  THE TUITION RATES DETERMINED BY THE COMMISSIONER AND
APPROVED BY THE DIRECTOR OF THE BUDGET  PURSUANT  TO  SUBPARAGRAPHS  (I)
THROUGH  (III) OF THIS PARAGRAPH, AND SECTION FORTY-FOUR HUNDRED FIVE OF
THIS ARTICLE. THE LOCAL TUITION RATES SO ESTABLISHED SHALL  BE  USED  IN
THE  CONTRACTS  WITH  PROVIDERS  PROVIDING  SPECIAL  EDUCATION ITINERANT
SERVICES WITHIN THE  CITY  OF  NEW  YORK.    NOTWITHSTANDING  ANY  OTHER
PROVISION OF THIS ARTICLE TO THE CONTRARY, THE CITY OF NEW YORK SHALL BE
RESPONSIBLE  FOR ARRANGING FOR AND SELECTING THE APPROVED SPECIAL EDUCA-
TION ITINERANT PROGRAM PROVIDER  THROUGH  THE  COMPETITIVE  REQUEST  FOR
PROPOSAL PROCESS TO DELIVER THE SERVICES CONSISTENT WITH THE INDIVIDUAL-
IZED  EDUCATION  PROGRAM OF THE PRESCHOOL CHILD. PROVIDED, HOWEVER, THAT
THE COMPETITIVE REQUEST FOR PROPOSAL PROCESS AUTHORIZED BY THIS SUBPARA-
GRAPH SHALL NOT  APPLY  TO  PRESCHOOL  CHILDREN  WITH  DISABILITIES  WHO
RECEIVED  PROGRAMS OR SERVICES PURSUANT TO THIS SECTION IN THE TWO THOU-
SAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.  THE CITY OF NEW  YORK
SHALL BE REQUIRED TO PROVIDE DATA RELATING TO ITS LOCAL TUITION RATES TO
THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  S  12.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
27 of part A of chapter 57 of the laws of 2013, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2010--2011 school year shall not exceed  62.6
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and five cents per contact hour, reimbursement]  for  the
2011--2012  school  year  shall not exceed 62.9 percent of the lesser of
such approvable costs per contact hour or  twelve  dollars  and  fifteen
cents  per  contact  hour,  reimbursement for the 2012--2013 school year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact hour or twelve dollars and thirty-five cents per  contact  hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and sixty-five cents per contact hour, AND  REIMBURSEMENT
FOR  THE  2014--2015  SCHOOL  YEAR  SHALL NOT EXCEED 61.6 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR  EIGHT  DOLLARS  AND
THREE  CENTS  PER  CONTACT  HOUR  where  a contact hour represents sixty
minutes of instruction services provided to an eligible adult.  Notwith-
standing any other provision of law to the contrary, [for the 2010--2011
school year such contact hours shall not exceed one million five hundred
twenty-five thousand one hundred ninety-eight (1,525,198) hours;  where-
as]  for  the 2011--2012 school year such contact hours shall not exceed
one million seven hundred one thousand five hundred seventy  (1,701,570)
hours;  whereas  for the 2012--2013 school year such contact hours shall
not exceed one million six  hundred  sixty-four  thousand  five  hundred
thirty-two  (1,664,532)  hours;  whereas  for the 2013--2014 school year

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

such contact hours shall not exceed one million six  hundred  forty-nine
thousand  seven  hundred  forty-six  (1,649,746)  hours; WHEREAS FOR THE
2014--2015 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED  ONE  MILLION
FOUR  HUNDRED  THIRTY-TWO  THOUSAND  ONE HUNDRED TWENTY-NINE (1,432,129)
HOURS.  Notwithstanding any other provision of law to the contrary,  the
apportionment calculated for the city school district of the city of New
York  pursuant  to  subdivision  11 of section 3602 of the education law
shall be computed as if such contact hours provided  by  the  consortium
for  worker education, not to exceed the contact hours set forth herein,
were eligible for aid in accordance with the provisions of such subdivi-
sion 11 of section 3602 of the education law.
  S 13. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a  new  subdivi-
sion s to read as follows:
  S.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2014--2015 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT  EXCEED  ELEVEN  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS
($11,500,000).
  S  14. Section 6 of chapter 756 of the laws of 1992, relating to fund-
ing a program for work force education conducted by the  consortium  for
worker education in New York city, as amended by section 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S  6.  This  act  shall  take effect July 1, 1992, and shall be deemed
repealed on June 30, [2014] 2015.
  S 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating to certain provisions related to the 1994-95 state  operations,
aid to localities, capital projects and debt service budgets, as amended
by section 30 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  1.  Sections  one  through seventy of this act shall be deemed to have
been in full force and effect as of April  1,  1994  provided,  however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only to hearings commenced prior to  September  1,  1994,  and  provided
further  that  section twenty-six of this act shall expire and be deemed
repealed on March 31, 1997; and  provided  further  that  sections  four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a  of  this  act shall expire and be deemed repealed on March
31, 1997; and provided further that sections three, fifteen,  seventeen,
twenty,  twenty-two  and  twenty-three  of  this act shall expire and be
deemed repealed on March 31, [2015] 2016.
  S 16. Subdivisions 22 and 24 of section 140 of chapter 82 of the  laws
of  1995,  amending the education law and certain other laws relating to
state aid to school districts and the appropriation  of  funds  for  the
support  of government, as amended by section 31 of part A of chapter 57
of the laws of 2013, are amended to read as follows:
  (22) sections one hundred twelve, one hundred  thirteen,  one  hundred
fourteen,  one hundred fifteen and one hundred sixteen of this act shall
take effect on July 1, 1995; provided, however, that section one hundred

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

thirteen of this act shall remain in full force and effect until July 1,
[2014] 2015 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-
ant  to  section one hundred [nineteen] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;
  S 17. Subdivision 8 of section 4401 of the education law,  as  amended
by  section 25-a of part A of chapter 57 of the laws of 2013, is amended
to read as follows:
  8. "School district basic contribution" shall mean an amount equal  to
the  total  school district local property and non-property tax levy for
the base year divided by the base year public school district enrollment
of resident pupils of the school district as defined in paragraph  n  of
subdivision  one  of  section  thirty-six  hundred  two of this chapter,
except that for the two thousand thirteen--two thousand fourteen AND TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school [year] YEARS, for  school
districts other than central high school districts and their components,
such  tax  levy  for the base year shall be divided by the year prior to
the base year pupil count as determined by the commissioner pursuant  to
paragraph f of subdivision two of section thirty-six hundred two of this
chapter  for  any  school  district in which such year prior to the base
year pupil count exceeds one hundred fifty percent  of  such  base  year
public school district enrollment of resident pupils.
  S  18.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S 19. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the provisions of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 33 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2014] 2015.
  S 20. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-

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

tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs
operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years each school district shall be eligible for a maximum  grant  equal
to  the  greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total  actual  grant
expenditures  incurred by the school district in the current school year
as approved by the commissioner.
  S 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2014--2015 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2015  and not later than the last day of the third full
business week of June, 2015, a school district eligible  for  an  appor-
tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2015, for salary expenses incurred between April  1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a

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

population of more than 195,000 inhabitants and less than 219,000 inhab-
itants  according  to  the  latest federal census, plus (iv) the net gap
elimination adjustment for 2010--2011, as determined by the commissioner
of  education  pursuant  to chapter 53 of the laws of 2010, plus (v) the
gap elimination adjustment for 2011--2012 as determined by  the  commis-
sioner  of  education  pursuant to subdivision 17 of section 3602 of the
education law, and provided further that such  apportionment  shall  not
exceed  such salary expenses. Such application shall be made by a school
district, after the board of education or trustees have adopted a resol-
ution to do so and in the case of a city school district in a city  with
a  population in excess of 125,000 inhabitants, with the approval of the
mayor of such city.
  b. The claim for an apportionment to be  paid  to  a  school  district
pursuant  to  subdivision  a  of  this section shall be submitted to the
commissioner of education on a form prescribed  for  such  purpose,  and
shall  be  payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following  the  year  in
which  application  was  made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant  of  the  state  comptroller  on  vouchers
certified  or  approved  by  the commissioner of education in the manner
prescribed by law from moneys in the state lottery  fund  and  from  the
general  fund  to  the  extent that the amount paid to a school district
pursuant to this section exceeds the amount, if  any,  due  such  school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section  3609-a  of  the  education law in the school year following the
year in which application was made.
  c. Notwithstanding the provisions of section 3609-a of  the  education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions  a  and  b of this section shall first be deducted from the
following payments due  the  school  district  during  the  school  year
following  the  year  in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a  of  subdivision  1  of
section  3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph  (2)  of  such  paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of  such  paragraph  and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of  such  para-
graph, and any remainder to be deducted from the individualized payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 24. Special apportionment for public pension accruals. a.   Notwith-
standing any other provision of law, upon application to the commission-
er  of education, not later than June 30, 2015, a school district eligi-
ble for an apportionment pursuant to section 3602 of the  education  law
shall  be eligible to receive an apportionment pursuant to this section,
for the school year ending June 30, 2015 and  such  apportionment  shall
not  exceed  the  additional  accruals  required  to  be  made by school
districts in the 2004--2005 and 2005--2006 school years associated  with
changes  for  such  public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner  of  education  by
the  president of the board of education or the trustees or, in the case
of a city school district in a city  with  a  population  in  excess  of
125,000  inhabitants,  the mayor of such city. Such application shall be

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

made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school  district
in  a  city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any reminder to be deducted from the individualized  payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 25. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.

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

  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from
such  board  for  the  2014--2015 school year, as a non-component school
district, services required by article 19 of the education law.
  S 27. The amounts specified in this section shall be a set aside  from
the  state  funds  which  each such district is receiving from the total
foundation aid: for the  purpose  of  the  development,  maintenance  or
expansion of magnet schools or magnet school programs for the 2014--2015
school  year.  To the city school district of the city of New York there
shall be paid forty-eight  million  one  hundred  seventy-five  thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one  million  twenty-five  thousand dollars ($21,025,000); to the
Rochester city school district, fifteen million  dollars  ($15,000,000);
to   the   Syracuse  city  school  district,  thirteen  million  dollars
($13,000,000); to the Yonkers city school district,  forty-nine  million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,   four   million   six  hundred  forty-five  thousand  dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred seventy-five thousand dollars ($2,475,000); to the Mount  Vernon
city  school  district,  two  million  dollars  ($2,000,000); to the New
Rochelle city school district, one million  four  hundred  ten  thousand
dollars  ($1,410,000);  to  the  Schenectady  city  school district, one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city school district, one million one  hundred  fifty  thousand  dollars
($1,150,000);  to  the  White  Plains city school district, nine hundred
thousand dollars ($900,000); to the Niagara Falls city school  district,
six  hundred  thousand  dollars  ($600,000);  to  the Albany city school
district,  three   million   five   hundred   fifty   thousand   dollars
($3,550,000);  to  the  Utica  city school district, two million dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand dollars ($566,000); to the  Middletown  city  school  district,
four  hundred  thousand  dollars  ($400,000); to the Freeport union free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh  central  school  district,   three   hundred   thousand   dollars
($300,000);  to  the Amsterdam city school district, eight hundred thou-
sand dollars ($800,000); to the  Peekskill  city  school  district,  two
hundred  thousand  dollars  ($200,000);  and  to  the Hudson city school
district, four hundred thousand dollars ($400,000). Notwithstanding  the
provisions of this section, a school district receiving a grant pursuant
to  this  section may use such grant funds for: (i) any instructional or
instructional support costs associated with the operation  of  a  magnet
school; or (ii) any instructional or instructional support costs associ-
ated  with  implementation  of  an  alternative approach to reduction of
racial isolation and/or enhancement of  the  instructional  program  and
raising  of  standards  in  elementary  and  secondary schools of school
districts having substantial concentrations of  minority  students.  The
commissioner  of  education  shall  not be authorized to withhold magnet
grant funds from a school district that used such  funds  in  accordance
with  this  paragraph,  notwithstanding any inconsistency with a request
for proposals issued by such commissioner. For the purpose of attendance
improvement and dropout prevention for the 2014--2015 school  year,  for
any  city school district in a city having a population of more than one
million, the setaside for attendance improvement and dropout  prevention

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

shall  equal  the  amount set aside in the base year. For the 2014--2015
school year, it is further provided that any city school district  in  a
city  having  a  population  of  more than one million shall allocate at
least one-third of any increase from base year levels in funds set aside
pursuant  to  the  requirements  of  this subdivision to community-based
organizations. Any increase required pursuant  to  this  subdivision  to
community-based   organizations  must  be  in  addition  to  allocations
provided to community-based organizations in  the  base  year.  For  the
purpose  of  teacher support for the 2014--2015 school year: to the city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,   one   million   seven  hundred  forty-one  thousand  dollars
($1,741,000); to the Rochester city school district, one million  seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,  one  million  one  hundred   forty-seven   thousand   dollars
($1,147,000);  and  to  the Syracuse city school district, eight hundred
nine thousand dollars ($809,000). All funds made available to  a  school
district  pursuant  to  this section shall be distributed among teachers
including prekindergarten teachers and teachers of adult vocational  and
academic  subjects in accordance with this section and shall be in addi-
tion to salaries heretofore or hereafter negotiated or  made  available;
provided,  however,  that all funds distributed pursuant to this section
for the current year shall be deemed to incorporate all  funds  distrib-
uted  pursuant to former subdivision 27 of section 3602 of the education
law for prior years. In school districts where the teachers are  repres-
ented  by  certified  or  recognized  employee organizations, all salary
increases funded pursuant to this section shall be determined  by  sepa-
rate  collective  negotiations  conducted pursuant to the provisions and
procedures of article 14 of the civil service law,  notwithstanding  the
existence  of  a  negotiated  agreement  between a school district and a
certified or recognized employee organization.
  S 28. Support of public libraries. The  moneys  appropriated  for  the
support  of  public  libraries by a chapter of the laws of 2014 enacting
the aid to localities budget shall be  apportioned  for  the  2014--2015
state  fiscal  year  in  accordance with the provisions of sections 271,
272, 273, 282, 284, and 285 of the  education  law  as  amended  by  the
provisions  of this chapter and the provisions of this section, provided
that library construction aid pursuant to section 273-a of the education
law shall not be payable from the  appropriations  for  the  support  of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total  system  or  program  aid than it received for the year 2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding any other provision of law to the contrary the  moneys
appropriated for the support of public libraries for the year 2014--2015
by a chapter of the laws of 2014 enacting the education, labor and fami-
ly  assistance  budget  shall  fulfill the state's obligation to provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion and approved by the director of the  budget,  the  aid  payable  to
libraries  and  library systems pursuant to such appropriations shall be
reduced proportionately to assure that the total amount of  aid  payable
does not exceed the total appropriations for such purpose.
  S 29. Severability. The provisions of this act shall be severable, and
if  the  application  of  any  clause, sentence, paragraph, subdivision,
section or part of this act to  any  person  or  circumstance  shall  be

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

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

                                 PART B

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

                     SMART SCHOOLS BOND ACT OF 2014

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

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

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

                                 PART C

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

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

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

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

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

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

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

                                 PART D

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

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

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

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

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

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

                                 PART E

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

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

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

                                 PART F

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

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

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

                                 PART G

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

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

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

                                 PART H

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

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

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

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

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

                                 PART I

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

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

$949.48; and (iv) for an eligible couple  receiving  such  care  in  any
other  county  in  the state, two times the amount set forth in subpara-
graph (iii) of this paragraph.
  (d)  On and after January first, two thousand [thirteen] FOURTEEN, (i)
for  an  eligible  individual  receiving  residential  care,  [$1145.00]
$1156.00  if he or she is receiving such care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland; and (ii) for  an
eligible  couple  receiving  residential care in the city of New York or
the county of Nassau, Suffolk, Westchester or Rockland,  two  times  the
amount  set forth in subparagraph (i) of this paragraph; or (iii) for an
eligible individual receiving such care  in  any  other  county  in  the
state,  [$1115.00]  $1126.00;  and (iv) for an eligible couple receiving
such care in any other county in the state, two  times  the  amount  set
forth in subparagraph (iii) of this paragraph.
  (e)  (i) On and after January first, two thousand [thirteen] FOURTEEN,
for  an  eligible  individual  receiving  enhanced   residential   care,
[$1404.00]  $1415.00; and (ii) for an eligible couple receiving enhanced
residential care, two times the amount set forth in subparagraph (i)  of
this paragraph.
  (f) The amounts set forth in paragraphs (a) through (e) of this subdi-
vision  shall  be  increased to reflect any increases in federal supple-
mental security income benefits for individuals or couples which  become
effective on or after January first, two thousand [fourteen] FIFTEEN but
prior to June thirtieth, two thousand [fourteen] FIFTEEN.
  S 3. This act shall take effect December 31, 2014.

                                 PART J

  Section  1.    The  opening  paragraph  of  section 21-a of the social
services law, as added by section 144-a of part B of chapter 436 of  the
laws of 1997, is amended to read as follows:
  Any  electronic  benefit  transfer  system shall be implemented by the
department on a statewide basis and shall be  administered  pursuant  to
the provisions of this section.  FOR PURPOSES OF SUCH ELECTRONIC BENEFIT
TRANSFER SYSTEM, THE TERM "ELECTRONIC BENEFIT TRANSFER" INCLUDES THE USE
OF   A   CREDIT   OR  DEBIT  CARD  SERVICE,  AUTOMATED  TELLER  MACHINE,
POINT-OF-SALE TERMINAL, OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL
OF FUNDS OR THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  S 2. The social services law is amended by adding a new section  145-d
to read as follows:
  S  145-D.  SANCTIONS  AND PENALTIES FOR THE UNAUTHORIZED USE OF PUBLIC
ASSISTANCE. 1. IT SHALL BE AN UNAUTHORIZED USE OF PUBLIC ASSISTANCE  FOR
ANY  RECIPIENT  THEREOF TO ACCESS PUBLIC ASSISTANCE BY MEANS OF AN ELEC-
TRONIC BENEFIT TRANSFER IN: (I) ANY ESTABLISHMENT THAT  IS  LICENSED  TO
SELL LIQUOR AND/OR WINE AT RETAIL FOR OFF-PREMISES CONSUMPTION; (II) ANY
ESTABLISHMENT  THAT  IS  LICENSED  TO  SELL  BEER  AT WHOLESALE AND ALSO
AUTHORIZED TO SELL BEER AT RETAIL FOR  OFF-PREMISES  CONSUMPTION;  (III)
ANY  CASINO, GAMBLING CASINO OR GAMING ESTABLISHMENT, EXCEPT AS PROVIDED
FOR IN SUBDIVISION TWO OF SECTION ONE HUNDRED FIFTY-ONE OF  THIS  TITLE;
OR  (IV) ANY ESTABLISHMENT THAT PROVIDES ADULT-ORIENTED ENTERTAINMENT IN
WHICH PERFORMERS DISROBE OR PERFORM IN AN  UNCLOTHED  STATE  FOR  ENTER-
TAINMENT.  FOR  PURPOSES  OF  THIS SECTION, "GAMING ESTABLISHMENT" SHALL
MEAN ANY VIDEO LOTTERY FACILITY, OFF-TRACK BETTING BRANCH OFFICE, SIMUL-
CAST FACILITY, LICENSED COMMERCIAL CHARITABLE GAMING  FACILITY,  OR  ANY
PARI-MUTUEL  RACE  TRACK  AREA AT WHICH WAGERS MAY BE ACCEPTED BUT SHALL
NOT INCLUDE ANY AREA THAT DOES NOT ACCEPT WAGERS AND IS NOT OPEN TO  THE

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

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

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

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

                                 PART K

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

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

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

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

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

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

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

                                 PART L

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

                                SUBPART A

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

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

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

                                SUBPART B

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

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

and therapeutic environment for placed youth; (2) ability  to  meet  the
educational, mental health, substance abuse and behavioral health treat-
ment needs of placed youth; (3) community networks and partnerships that
promote  the  social,  mental,  economic  and  behavioral development of
placed youth; (4) future capacity requirements for the effective  opera-
tion  of  youth facilities; (5) the physical characteristics, conditions
and costs of operation of the facility; and  (6)  the  location  of  the
facility  in regards to costs and ease of transportation of placed youth
and their families.
  S 2. This act shall take effect immediately; provided that the  amend-
ments  to  paragraph  (a)  of subdivision 7 of section 404 of the social
services law made by section one of this act shall not affect the repeal
of such section and shall  be  deemed  repealed  therewith  pursuant  to
section 11 of subpart A of part G of chapter 57 of the laws of 2012.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately, provided,  however,  that
the  applicable  effective date of Subparts A and B of this act shall be
as specifically set forth in the last section of such Subparts.

                                 PART M

  Section 1. Section 131-a of the social  services  law  is  amended  by
adding a new subdivision 14 to read as follows:
  14.  IN  DETERMINING  THE  NEED  FOR  AID  PROVIDED PURSUANT TO PUBLIC
ASSISTANCE PROGRAMS, EACH PERSON LIVING  WITH  CLINICAL/SYMPTOMATIC  HIV
ILLNESS OR AIDS IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE
MILLION WHO IS RECEIVING SERVICES THROUGH SUCH DISTRICT'S ADMINISTRATIVE
UNIT  PROVIDING  HIV/AIDS  SERVICES, PUBLIC ASSISTANCE AND EARNED AND/OR
UNEARNED INCOME, SHALL NOT BE REQUIRED TO PAY MORE THAN  THIRTY  PERCENT
OF  HIS  OR HER MONTHLY EARNED AND/OR UNEARNED INCOME TOWARD THE COST OF
RENT THAT SUCH PERSON HAS A DIRECT OBLIGATION  TO  PAY;  THIS  PROVISION
SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS.
  S  2.  This  act shall take effect immediately; provided that no funds
shall be expended pursuant to this act  until  a  plan  submitted  by  a
district  has  been  approved  by the office of temporary and disability
assistance and the director of the budget.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through M of this act shall  be
as specifically set forth in the last section of such Parts.

S6356C - Bill Details

See Assembly Version of this Bill:
A8556D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6356C - Bill Texts

view summary

Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates 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; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).

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

                                 6356--C

                            I N  S E N A T E

                            January 21, 2014
                               ___________

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

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence,  calculation  of the gap elimination restoration amount, appor-
  tionment of school aid, teachers of tomorrow teacher  recruitment  and
  retention  program,  school district reorganizations and real property
  tax rates, transportation after 4 p.m., to establish a teacher  excel-
  lence  fund, duties and waivers of school districts with children with
  handicapping conditions, to authorize the commissioner of education to
  establish regional tuition rates for approved special education  itin-
  erant services, to authorize reimbursement for approved special educa-
  tion  itinerant  services based on actual attendance, to authorize New
  York city to establish local tuition rates for approved special educa-
  tion itinerant services; to amend chapter 756  of  the  laws  of  1992
  relating  to  funding  a program for work force education conducted by
  the consortium for worker education in New York city, in  relation  to
  apportionment  and  reimbursement;  and  in  relation to extending the
  expiration of certain provisions; to amend chapter 169 of the laws  of
  1994 relating to certain provisions related to the 1994-95 state oper-
  ations,  aid to localities, capital projects and debt service budgets;
  to amend chapter 82 of the laws of 1995, amending  the  education  law
  and  certain  other laws relating to state aid to school districts and
  the appropriation of funds for the support of government; to amend the
  education law, in relation to the definition of "school district basic
  contribution"; to amend chapter 147 of the laws of 2001  amending  the
  education  law relating to conditional appointment of school district,
  charter school or BOCES employees; to amend chapter 425 of the laws of
  2002 amending the education law relating to the provision  of  supple-
  mental  educational  services,  attendance at a safe public school and
  the suspension of pupils who bring a firearm to or possess  a  firearm
  at  a  school;  to  amend chapter 101 of the laws of 2003 amending the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-05-4

S. 6356--C                          2

  education law relating to implementation of the No Child  Left  Behind
  Act  of  2001,  in  relation  to  extending  the expiration of certain
  provisions of such chapters;  to  provide  special  apportionment  for
  school bus driver training; to provide special apportionment for sala-
  ry  expenses;  to  provide  special  apportionment  for public pension
  accruals; to provide special apportionment  for  salary  expenses;  in
  relation to suballocation of certain education department accruals; in
  relation  to  the  support  of public libraries; and providing for the
  repeal of certain provisions upon  expiration  thereof  (Part  A);  to
  amend  the education law, in relation to school building aid; to amend
  chapter 57 of the laws of 2012, amending the education law  and  other
  laws  relating to implementing the education, labor and family assist-
  ance budget, in relation to extending  the  date  on  which  a  school
  district  shall  submit  their  final  cost  report by; in relation to
  tuition rates for the education  of  students  with  disabilities;  in
  relation  to extending the dates for moneys apportioned; to direct the
  commissioner of education to establish  an  online  learning  advisory
  committee  to  make recommendations on establishing a statewide online
  and blended learning program; and  to  amend  the  education  law,  in
  relation  to  the  annexation  of  school  district  territory and the
  consolidation of two or more  school  districts  and  in  relation  to
  boards  of  cooperative  educational services; to amend chapter 121 of
  the laws of 1996 relating to  authorizing  the  Roosevelt  union  free
  school  district  to finance deficits by the issuance of serial bonds,
  in relation to extending certain  provisions;  to  amend  the  general
  municipal  law,  in  relation to withdrawals from the employee benefit
  accrued liability  reserve  fund;  to  amend  the  education  law,  in
  relation  to  certain  powers  of  boards  of  cooperative educational
  services; to amend chapter 97 of the laws of 2011 amending the  educa-
  tion  law  relating to census reporting, in relation to the effective-
  ness of certain provisions thereof; to amend  the  education  law,  in
  relation  to  making  internal  audit  functions  optional  by  school
  districts unless an audit by the comptroller reveals deficiencies;  to
  amend  chapter  698  of  the  laws  of 1996 amending the education law
  relating to transportation contracts, in relation to the effectiveness
  thereof; to amend the education law, in relation to Earth day; author-
  izing the Valley Stream School District 24 to transfer to the  general
  fund of such school district surplus monies in the retirement contrib-
  ution reserve fund; relating to providing professional development and
  parent  preparation  programs to meet the needs of implementing common
  core learning standards; to repeal paragraph d  of  subdivision  4  of
  section  3641  of  the  education  law relating to a school district's
  requirement to report on  the  status  of  asbestos;  in  relation  to
  certain  aid  for  the General Brown central school district; to amend
  the education law, in relation to the financing of charter schools; to
  amend the education law,  in  relation  to  charter  schools'  use  of
  district  school buildings and grounds; to amend the education law, in
  relation to the oversight and supervision of charter schools in a city
  having a population of one million or more inhabitants; to  amend  the
  education  law,  in  relation  to  powers and duties of chancellor and
  proposed school closings and significant changes  in  school  utiliza-
  tion;  to  amend  the  education  law, in relation to building aid for
  charter schools; and relating  to  transportation  aid  for  a  school
  district  transportation  contract  (Part A-1); to amend the education
  law, in relation to regional  secondary  schools  (Part  A-2);  inten-
  tionally  omitted  (Part  B); intentionally omitted (Part C); to amend

S. 6356--C                          3

  the education law, in relation to enacting  the  "nurse  practitioners
  modernization  act"  (Part  D); intentionally omitted (Part E); inten-
  tionally omitted (Part F); intentionally omitted (Part  G);  to  amend
  chapter  57  of the laws of 2005 amending the labor law and other laws
  implementing the state fiscal plan  for  the  2005-2006  state  fiscal
  year, relating to the New York state higher education capital matching
  grant  program  for  independent colleges, in relation to the New York
  state higher education matching grant program for independent colleges
  and the effectiveness thereof (Part H); to amend the  social  services
  law, in relation to increasing the standards of monthly need for aged,
  blind  and disabled persons living in the community (Part I); to amend
  the social services law,  in  relation  to  prohibiting  the  sale  or
  purchase  of  alcoholic beverages, tobacco products or lottery tickets
  with public assistance benefits and prohibiting use of  or  access  to
  such benefits in a casino, liquor store or adult entertainment facili-
  ty;  and  to  amend the state finance law, in relation to establishing
  the public assistance integrity fund (Part J); to utilize reserves  in
  the  project pool insurance account of the mortgage insurance fund for
  various housing purposes (Part K); to  amend  the  education  law,  in
  relation to educational programs in juvenile justice programs operated
  by  the  office  of  children  and family services (Subpart A); Inten-
  tionally omitted (Subpart B) (Part L); to amend  the  social  services
  law,  in  relation  to  providing  a  rent  cap for people living with
  HIV/AIDS in social services districts  with  a  population  over  five
  million;  and providing for the repeal of such provisions upon expira-
  tion thereof (Part M); to amend the  education  law,  in  relation  to
  enacting  "Erin  Merryn's  law"  (Part  N); to amend the labor law, in
  relation to the number of hours employees may work in the  hospitality
  industry (Part O); to amend the education law, in relation to communi-
  ty  colleges  (Part P); to amend the state finance law, in relation to
  establishing the state university of New York upstate medical hospital
  operating account, the state university of New York downstate  medical
  hospital  operating account and the state university of New York Stony
  Brook medical hospital operating account and to  amend  the  education
  law,  in  relation  to  apportionment  to the state university; and to
  repeal subdivision 8-a of section 355 of the  education  law  relating
  thereto  (Part  Q);  to  amend the education law, in relation to state
  appropriations to the state  university  of  New  York  and  the  city
  university  of  New  York  (Part  R);  to  amend the education law, in
  relation to requiring the chancellor of the state  university  of  New
  York  to report to the governor and the legislature on economic devel-
  opment activities (Part S); in relation to directing the chancellor of
  the state university of New York to convene a task  force  to  examine
  ways in which the university centers can be made more autonomous (Part
  T);  to  amend  the  education  law, in relation to the New York state
  licensed social worker loan forgiveness program (Part U); to amend the
  education law, in relation to tuition assistance program awards  (Part
  V);  to amend the education law and the state finance law, in relation
  to establishing the New York student affordable refinancing for tomor-
  row program (New START) (Part W); to  amend  the  education  law,  the
  state  finance  law, the civil practice law and rules and the tax law,
  in relation to establishing the New York state pre-paid  tuition  plan
  (Part  X); to amend the education law, in relation to establishing the
  retrain and employ unemployed persons program (Part Y); to  amend  the
  education  law,  in relation to online programs and accelerated profi-
  ciency degree programs at the state university of New York  (Part  Z);

S. 6356--C                          4

  to  amend  the  financial  services  law,  in relation to the truth in
  student lending clearinghouse program;  and  to  amend  the  financial
  services law and the education law, in relation to the student lending
  transparency  program  (Part  AA);  to  amend  the  education  law, in
  relation to restricting the sale, lease, transfer or authorization  of
  open-air  schoolhouse playgrounds for certain uses (Part BB); to amend
  the private housing finance  law,  in  relation  to  disabled  veteran
  access  to home for heroes contracts (Part CC); to amend the education
  law, in relation to establishing the New York state young farmers loan
  forgiveness incentive program (Part DD); to amend the  executive  law,
  in  relation to establishing an inter-agency affordable housing devel-
  opment task force; and providing for the  repeal  of  such  provisions
  upon expiration thereof (Part EE); to amend the real property tax law,
  in  relation to the tax abatement and exemption for rent regulated and
  rent controlled property occupied by senior  citizens  (Part  FF);  to
  amend the private housing finance law, in relation to establishing the
  Mitchell-Lama  2020 housing trust fund program (Part GG); to amend the
  social services law, in relation to requiring child day  care  facili-
  ties to post a copy of the most recent inspection report (Part HH); to
  grant  an exemption from certain provisions of the administrative code
  of the city of New York relating to benefits pursuant to section 421-a
  of the real property tax law (Part II); to amend the real property tax
  law, in relation to  permitting  senior  citizens  whose  spouses  are
  deceased  to  substitute  a  more recent year's income for purposes of
  determining eligibility for the  enhanced  exemption  for  school  tax
  relief  (Part  JJ);  to  amend the social services law, in relation to
  eligibility for child care block grants  to  eligible  families  (Part
  KK); and to amend the workers' compensation law and the insurance law,
  in relation to establishing family care benefits (Part LL)

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

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

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e.  Notwithstanding  paragraphs  a and b of this subdivision, a school
district that submitted a contract for excellence for the  two  thousand
eight--two  thousand nine school year shall submit a contract for excel-
lence for the  two  thousand  nine--two  thousand  ten  school  year  in
conformity  with the requirements of subparagraph (vi) of paragraph a of

S. 6356--C                          5

subdivision two of this section unless all schools in the  district  are
identified  as  in  good  standing  and  provided further that, a school
district that submitted a contract for excellence for the  two  thousand
nine--two  thousand  ten school year, unless all schools in the district
are identified as in good standing, shall submit a contract  for  excel-
lence for the two thousand eleven--two thousand twelve school year which
shall,  notwithstanding  the  requirements of subparagraph (vi) of para-
graph a of subdivision two of this section, provide for the  expenditure
of  an  amount  which  shall  be not less than the product of the amount
approved by the commissioner in the contract for excellence for the  two
thousand   nine--two   thousand  ten  school  year,  multiplied  by  the
district's gap elimination adjustment percentage  and  provided  further
that, a school district that submitted a contract for excellence for the
two thousand eleven--two thousand twelve school year, unless all schools
in  the  district  are  identified  as  in good standing, shall submit a
contract for excellence for the two thousand twelve--two thousand  thir-
teen  school  year  which  shall,  notwithstanding  the  requirements of
subparagraph (vi) of paragraph a of subdivision  two  of  this  section,
provide  for  the  expenditure of an amount which shall be not less than
the amount approved by the commissioner in the contract  for  excellence
for  the  two  thousand  eleven--two  thousand  twelve  school  year AND
PROVIDED FURTHER THAT, A  SCHOOL  DISTRICT  WITH  A  POPULATION  OF  ONE
MILLION  OR  MORE  THAT  SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO
THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS
IN THE DISTRICT ARE IDENTIFIED AS  IN  GOOD  STANDING,  SHALL  SUBMIT  A
CONTRACT  FOR  EXCELLENCE  FOR  THE  TWO THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEAR WHICH SHALL,  NOTWITHSTANDING  THE  REQUIREMENTS  OF
SUBPARAGRAPH  (VI)  OF  PARAGRAPH  A OF SUBDIVISION TWO OF THIS SECTION,
PROVIDE FOR THE EXPENDITURE OF AN AMOUNT WHICH SHALL BE  NOT  LESS  THAN
THE  AMOUNT  APPROVED BY THE COMMISSIONER IN THE CONTRACT FOR EXCELLENCE
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.    For
purposes  of this paragraph, the "gap elimination adjustment percentage"
shall be calculated as the sum of one minus the quotient of the  sum  of
the  school  district's  net gap elimination adjustment for two thousand
ten--two thousand eleven computed pursuant to chapter fifty-three of the
laws of two thousand ten,  making  appropriations  for  the  support  of
government,  plus  the  school district's gap elimination adjustment for
two thousand eleven--two thousand twelve as computed pursuant to chapter
fifty-three of the laws of two thousand  eleven,  making  appropriations
for  the  support  of the local assistance budget, including support for
general support for public schools, divided by the total aid for adjust-
ment computed pursuant to chapter fifty-three of the laws of  two  thou-
sand  eleven,  making  appropriations  for  the local assistance budget,
including support for general  support  for  public  schools.  Provided,
further,  that  such  amount  shall  be expended to support and maintain
allowable programs and activities approved in the two thousand nine--two
thousand ten school  year  or  to  support  new  or  expanded  allowable
programs and activities in the current year.
  S  1-a.  The opening paragraph of subdivision 4 of section 3602 of the
education law, as amended by section 8-a of part A of chapter 57 of  the
laws of 2013, is amended to read as follows:
  In  addition  to  any  other apportionment pursuant to this chapter, a
school district, other than a special act school district as defined  in
subdivision eight of section four thousand one of this chapter, shall be
eligible  for total foundation aid equal to the product of total aidable
foundation pupil units multiplied by the district's selected  foundation

S. 6356--C                          6

aid,  which shall be the greater of five hundred dollars ($500) or foun-
dation formula aid, provided, however that for the two thousand  seven--
two  thousand eight through two thousand eight--two thousand nine school
years,  no  school district shall receive total foundation aid in excess
of the sum of the total foundation aid base for aid payable in  the  two
thousand  seven--two  thousand  eight  school  year computed pursuant to
subparagraph (i) of paragraph j of subdivision one of this section, plus
the phase-in foundation increase computed pursuant  to  paragraph  b  of
this subdivision, and provided further that for the two thousand twelve-
-two  thousand  thirteen  school  year, no school district shall receive
total foundation aid in excess of the sum of the  total  foundation  aid
base  for  aid  payable  in the two thousand eleven--two thousand twelve
school year computed pursuant to paragraph j of subdivision one of  this
section,  plus  the  phase-in  foundation  increase computed pursuant to
paragraph b of this subdivision, and provided further that for  the  two
thousand  thirteen--two  thousand fourteen school year [and thereafter],
no school district shall receive total foundation aid in excess  of  the
sum of the total foundation aid base computed pursuant to paragraph j of
subdivision  one  of this section, plus the phase-in foundation increase
computed pursuant to  paragraph  b  of  this  subdivision  and  provided
further  that total foundation aid shall not be less than the product of
the total foundation aid base computed pursuant to paragraph j of subdi-
vision one of this section and the due-minimum percent which  shall  be,
for  the  two  thousand  twelve--two  thousand thirteen school year, one
hundred and six-tenths percent (1.006) and for the  two  thousand  thir-
teen--two  thousand  fourteen  school  year for city school districts of
those cities having populations in excess  of  one  hundred  twenty-five
thousand  and  less than one million inhabitants one hundred and one and
one hundred and seventy-six thousandths percent (1.01176), and  for  all
other districts one hundred and three-tenths percent (1.003), subject to
allocation  pursuant  to  the provisions of subdivision eighteen of this
section and any provisions of a chapter of  the  laws  of  New  York  as
described  therein,  nor  more than the product of such total foundation
aid base and one hundred fifteen percent, and provided further that  for
the two thousand nine--two thousand ten through two thousand eleven--two
thousand  twelve  school years, each school district shall receive total
foundation aid in an amount equal to  the  amount  apportioned  to  such
school  district  for  the  two thousand eight--two thousand nine school
year pursuant to this subdivision AND PROVIDED FURTHER, THAT FOR THE TWO
THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR EACH SCHOOL DISTRICT
SHALL RECEIVE FOUNDATION AID IN AN AMOUNT EQUAL TO THE  GREATER  OF  THE
AMOUNT  SET FORTH FOR SUCH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE
HEADING "2014-15 ESTIMATED AIDS" IN  THE  SCHOOL  AID  COMPUTER  LISTING
PRODUCED  BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE
TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN  FISCAL  YEAR  AND  ENTITLED
"BT141-5"  AND  THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARA-
GRAPH J OF SUBDIVISION ONE OF THIS  SECTION.  Total  aidable  foundation
pupil  units  shall be calculated pursuant to paragraph g of subdivision
two of this section. For the purposes of  calculating  aid  pursuant  to
this  subdivision,  aid  for the city school district of the city of New
York shall be calculated on a citywide basis.
  S 2. Paragraph (f) of subdivision 17 of section 3602 of the  education
law, as added by section 12 of part A of chapter 57 of the laws of 2013,
is  amended  and three new paragraphs (g), (h) and (i) are added to read
as follows:

S. 6356--C                          7

  (f) The gap elimination adjustment  restoration  amount  for  the  two
thousand  fourteen--two  thousand  fifteen  school  year [and thereafter
shall equal the product of  the  gap  elimination  percentage  for  such
district  and  the  gap  elimination  adjustment  restoration allocation
established  pursuant  to  subdivision  eighteen of this section.] FOR A
SCHOOL DISTRICT SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMIS-
SIONER AND IN THE DATABASE  USED  BY  THE  COMMISSIONER  TO  PRODUCE  AN
UPDATED  ELECTRONIC DATA FILE IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST
SUBMITTED FOR THE TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN  STATE
FISCAL YEAR AND SHALL EQUAL THE GREATER OF:
  (I)  THE PRODUCT OF TWENTY PERCENT (0.20) MULTIPLIED BY THE GAP ELIMI-
NATION ADJUSTMENT FOR THE BASE YEAR OR;
  (II) THE POSITIVE DIFFERENCE OF (A) THE PRODUCT OF THIRTY-SIX  PERCENT
(0.36) MULTIPLIED BY THE ABSOLUTE VALUE OF THE AMOUNT SET FORTH FOR SUCH
SCHOOL  DISTRICT  AS  "GAP  ELIMINATION  ADJUSTMENT"  UNDER  THE HEADING
"2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED  BY
THE  COMMISSIONER  IN  SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL  YEAR  AND
ENTITLED  "BT111-2"  MINUS  (B)  THE POSITIVE DIFFERENCE OF THE ABSOLUTE
VALUE OF THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT  AS  "GAP  ELIMI-
NATION  ADJUSTMENT"  UNDER  THE  HEADING "2011-12 ESTIMATED AIDS" IN THE
SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN  SUPPORT  OF
THE  EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2" MINUS  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR OR;
  (III) ONE HUNDRED THOUSAND DOLLARS ($100,000) OR;
  (IV) THE SUM OF (A) THE GREATER OF:
  (A)  THE  PRODUCT  OF  (1)  THE  PRODUCT  OF FOUR HUNDRED FOUR DOLLARS
($404.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED TO  TWO
DECIMAL  PLACES  WITHOUT  ROUNDING  MULTIPLIED BY (2) THE PRODUCT OF THE
STATE SHARING RATIO COMPUTED PURSUANT  TO  PARAGRAPH  G  OF  SUBDIVISION
THREE OF THIS SECTION MULTIPLIED BY (3) THE REGIONAL COST INDEX PURSUANT
TO  SUBDIVISION  FOUR  OF  THIS  SECTION MULTIPLIED BY (4) THE BASE YEAR
PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT  TO  SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION, OR;
  (B)  THE PRODUCT OF FIVE HUNDRED FIFTY DOLLARS ($550.00) MULTIPLIED BY
(1) THE POSITIVE DIFFERENCE, IF ANY, OF ONE MINUS THE PRODUCT OF ONE AND
THIRTY-SEVEN ONE-HUNDREDTHS (1.37) MULTIPLIED  BY  THE  COMBINED  WEALTH
RATIO  COMPUTED  PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH C OF SUBDIVI-
SION THREE OF THIS SECTION BUT NOT GREATER THAN NINE-TENTHS (0.9) MULTI-
PLIED BY (2) THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE  OF  THIS
SECTION, OR
  (C)  THE  PRODUCT, COMPUTED TO THE NEAREST WHOLE NUMBER WITHOUT ROUND-
ING, OF: (1) THE PRODUCT OF THE QUOTIENT OF  THE  TAX  EFFORT  RATIO  AS
DEFINED  IN SUBDIVISION SIXTEEN OF THIS SECTION DIVIDED BY THREE AND ONE
HUNDRED SEVENTY-SIX THOUSANDTHS  PERCENT  (0.03176)  MULTIPLIED  BY  THE
POSITIVE  DIFFERENCE,  IF  ANY,  OF ONE MINUS THE ALTERNATE PUPIL WEALTH
RATIO COMPUTED PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  THREE  OF  THIS
SECTION  BUT  NOT GREATER THAN NINE-TENTHS (0.9) COMPUTED TO THREE DECI-
MALS WITHOUT  ROUNDING,  MULTIPLIED  BY  (2)  TWO  HUNDRED  SEVENTY-FIVE
DOLLARS  ($275.00)  WITH  THE  RESULT  COMPUTED  TO TWO DECIMALS WITHOUT
ROUNDING MULTIPLIED BY (3) THE BASE YEAR PUBLIC SCHOOL DISTRICT  ENROLL-
MENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVI-
SION ONE OF THIS SECTION; AND

S. 6356--C                          8

  (B)  THE  PRODUCT  OF (A) THE POSITIVE DIFFERENCE, IF ANY, OF THE BASE
YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO  SUBPARA-
GRAPH  TWO  OF  PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MINUS THE
PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE YEAR FIVE YEARS PRIOR  TO  THE
BASE  YEAR,  AS  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF
SUBDIVISION ONE OF THIS SECTION  MULTIPLIED  BY  (B)  TWO  THOUSAND  TWO
HUNDRED SIXTY DOLLARS ($2,260) MULTIPLIED BY (C) THE STATE SHARING RATIO
COMPUTED  PURSUANT  TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION;
AND
  (C) FOR SCHOOL DISTRICTS THAT WERE: (1) DESIGNATED AS LOW  OR  AVERAGE
NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI-
VISION  SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE  TWO  THOU-
SAND  SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", OR IN
THE CASE OF A REORGANIZED DISTRICT THAT HAD A PREDECESSOR DISTRICT  THAT
WAS  SO DESIGNATED AND (2) DESIGNATED AS HIGH NEED PURSUANT TO THE REGU-
LATIONS OF  THE  COMMISSIONER  IN  THE  MOST  RECENTLY  AVAILABLE  STUDY
INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER
IN  SUPPORT  OF  THE  ENACTED  BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO
THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4" KNOWN AS  THE
2008  NEED RESOURCE CAPACITY CATEGORY CODE, THE PRODUCT OF (A) THE POSI-
TIVE DIFFERENCE, IF ANY, OF THE ABSOLUTE VALUE OF THE AMOUNT  SET  FORTH
FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUSTMENT" UNDER THE HEAD-
ING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED
FOR  THE  TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE STATE FISCAL YEAR AND
ENTITLED "BT111-2" MINUS THE PRODUCT OF SIX  AND  EIGHT  TENTHS  PERCENT
(0.068)  MULTIPLIED  BY  THE  TOTAL  GENERAL  FUND  EXPENDITURES OF SUCH
DISTRICT FOR THE TWO THOUSAND  TEN--TWO  THOUSAND  ELEVEN  SCHOOL  YEAR,
MULTIPLIED BY (B) SIXTY-FIVE HUNDREDTHS (0.65); AND
  (D)  FOR  SCHOOL  DISTRICTS  THAT: (1) WERE DESIGNATED AS AVERAGE NEED
PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION
SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY  THE
COMMISSIONER  IN  SUPPORT  OF  THE  ENACTED  BUDGET FOR THE TWO THOUSAND
SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708"  AND  (2)  A
COMBINED WEALTH RATIO COMPUTED PURSUANT TO SUBPARAGRAPH ONE OF PARAGRAPH
C OF SUBDIVISION THREE OF THIS SECTION OF LESS THAN TWO (2.0), THE PROD-
UCT OF EIGHTY DOLLARS ($80.00) MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL
DISTRICT  ENROLLMENT  AS  COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARA-
GRAPH N OF SUBDIVISION ONE OF THIS SECTION; AND
  (E) FOR SCHOOL DISTRICTS FOR WHICH THE QUOTIENT OF NON  PUBLIC  SCHOOL
DISTRICT ENROLLMENT DIVIDED BY THE SUM OF THE NON PUBLIC SCHOOL DISTRICT
ENROLLMENT  AND  THE  BASE  YEAR  PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION  ONE
OF THIS SECTION IS GREATER THAN TWENTY-FIVE HUNDREDTHS (0.25), THE PROD-
UCT OF (1) THE QUOTIENT OF NON PUBLIC SCHOOL DISTRICT ENROLLMENT DIVIDED
BY  THE  SUM  OF  THE NON PUBLIC SCHOOL DISTRICT ENROLLMENT AND THE BASE
YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO  SUBPARA-
GRAPH  TWO  OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED
BY (2)_THE EXTRAORDINARY NEEDS PERCENT AS COMPUTED PURSUANT TO PARAGRAPH
W OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY  (3)  THE  BASE  YEAR
PUBLIC  SCHOOL  DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH
TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY  (4)
THREE HUNDRED FIFTY DOLLARS ($350.00).
  (F)  PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, THAT A DISTRICT'S GAP ELIMINATION  ADJUSTMENT  RESTORA-

S. 6356--C                          9

TION  FOR  THE  TWO  THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR
SHALL NOT EXCEED THE PRODUCT OF FIFTY-TWO PERCENT  (0.52)  AND  THE  GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR FOR THE DISTRICT.
  (G)  PROVIDED FURTHER, NOTWITHSTANDING ANY PROVISION OF THIS PARAGRAPH
TO THE CONTRARY, A DISTRICT'S GAP ELIMINATION ADJUSTMENT RESTORATION FOR
THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR SHALL NOT BE
LESS THAN THE AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT UNDER THE  HEAD-
ING "2014-15 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED
BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET FOR THE TWO THOU-
SAND FOURTEEN--TWO THOUSAND FIFTEEN FISCAL YEAR AND ENTITLED "BT141-5".
  (H) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE GAP ELIMINATION
ADJUSTMENT  FOR  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR SHALL EQUAL FIFTY PERCENT (0.50) OF THE GAP ELIMINATION  ADJUSTMENT
FOR  SUCH  DISTRICT  FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN
SCHOOL YEAR.
  (I) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, THE GAP ELIMINATION
ADJUSTMENT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND  SEVENTEEN  SCHOOL
YEAR SHALL EQUAL ZERO.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S  5.  Paragraph  b  of subdivision 2 of section 3612 of the education
law, as amended by section 15 of part A of chapter 57  of  the  laws  of
2013, is amended to read as follows:
  b. Such grants shall be awarded to school districts, within the limits
of funds appropriated therefor, through a competitive process that takes
into  consideration  the  magnitude  of  any shortage of teachers in the
school district, the number of teachers employed in the school  district
who hold temporary licenses to teach in the public schools of the state,
the  number of provisionally certified teachers, the fiscal capacity and
geographic sparsity of the district, the  number  of  new  teachers  the
school district intends to hire in the coming school year and the number
of summer in the city student internships proposed by an eligible school
district,  if applicable. Grants provided pursuant to this section shall
be used only for the purposes enumerated in this section.  Notwithstand-
ing any other provision of law to the contrary, a city  school  district
in a city having a population of one million or more inhabitants receiv-
ing a grant pursuant to this section may use no more than eighty percent
of  such  grant  funds  for any recruitment, retention and certification
costs associated with transitional certification of  teacher  candidates
for  the  school  years  two thousand one--two thousand two through [two
thousand thirteen--two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND FIFTEEN.
  S 6. The education law is amended by adding a new section 3613 to read
as follows:
  S  3613.  SCHOOL DISTRICT REORGANIZATIONS AND REAL PROPERTY TAX RATES.
1. WHEN TWO OR MORE SCHOOL DISTRICTS PROPOSE TO REORGANIZE  PURSUANT  TO
SECTIONS  FIFTEEN  HUNDRED  ELEVEN  THROUGH  FIFTEEN  HUNDRED  THIRTEEN,
FIFTEEN  HUNDRED  TWENTY-FOUR,  FIFTEEN  HUNDRED  TWENTY-SIX,  SEVENTEEN
HUNDRED  FIVE, OR EIGHTEEN HUNDRED ONE THROUGH EIGHTEEN HUNDRED THREE OF
THIS CHAPTER, AND UNDER THE LAW THAT WOULD OTHERWISE BE APPLICABLE,  THE
REORGANIZATION WOULD HAVE AN IMPACT UPON THE SCHOOL TAX RATES WITHIN THE
AREAS  SERVED BY THE SCHOOL DISTRICTS THAT EXISTED PRIOR TO THE REORGAN-
IZATION, NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
BOARDS OF EDUCATION OR TRUSTEES OF ALL THE SCHOOL DISTRICTS  PARTICIPAT-
ING  IN THE PROPOSED REORGANIZATION MAY OPT TO HAVE THAT IMPACT DEFERRED
FOR A ONE-YEAR PERIOD AND/OR PHASED-IN OVER A PERIOD AS  MAY  BE  DETER-

S. 6356--C                         10

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

S. 6356--C                         11

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

S. 6356--C                         12

  5. [Notwithstanding any other provision of this section to the contra-
ry, in no event shall such city school district, in order to comply with
the requirements of this section, be required  to  incur  any  costs  in
excess  of the amount eligible for transportation aid pursuant to subdi-
vision  four  of this section. In the event such amount is insufficient,
the city school  district  of  New  York  shall  provide  transportation
services within such amount on an equitable basis, until such apportion-
ment is exhausted.
  6.]  The  chancellor of such school district, in consultation with the
commissioner, shall prescribe the most cost effective system for  imple-
menting the requirements of this section, taking into consideration: (a)
the  costs  associated with paragraphs (a) and (b) of subdivision one of
this section, and (b) policies that attempt to maximize  student  safety
for  the  student  to be transported, which for purposes of this section
shall include whether the pick up or drop off site of the transportation
is:
  (i) not further than 600 feet from the student's residence; and/or
  (ii) at the same locations for any family that have  children  at  the
same residence who attend two or more different schools.
  7.  (a)  In  the  event  the chancellor has not satisfied a district's
obligation under this section, a parent or  guardian  or  any  represen-
tative  authorized  by  such  parent  or guardian of a child eligible to
receive transportation under this section may request  the  commissioner
to  arrange  for  the  provision of the transportation to so satisfy the
requirements of this section.
  (b) If within sixty days of receiving a request from such a parent  or
guardian  or  any  representative authorized by such parent or guardian,
the commissioner determines that the  chancellor  has  not  satisfied  a
district's  obligation  under  this section, then the commissioner shall
immediately direct the chancellor to contract with a licensed  transpor-
tation  carrier  to provide the transportation required pursuant to this
section.
  (c) In the event the chancellor is directed  by  the  commissioner  to
contract with a licensed transportation carrier to provide the transpor-
tation  required  pursuant to this section, the chancellor shall provide
the commissioner with a  copy  of  such  proposed  contract,  before  it
becomes effective, and the commissioner shall have the power to approve,
disapprove or require amendments to such contract before it shall become
effective.
  (d) A district, determined by the commissioner to not be in compliance
with the requirements of this section, shall be responsible for the cost
of any transportation contract awarded by the chancellor.
  8.  The  parent  or guardian, or any representative authorized by such
parent or guardian, may submit  a  written  request  for  transportation
under  this  section,  in the same manner and upon the same dates as are
required for a request for transportation pursuant to subdivision two of
section thirty-six hundred thirty-five of this article.
  S 8. Intentionally omitted.
  S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 21 of part A of chapter 57 of the laws of 2013,  is  amended  to
read as follows:
  6.  Notwithstanding any other law, rule or regulation to the contrary,
the board of education of a city school district with  a  population  of
one  hundred twenty-five thousand or more inhabitants shall be permitted
to establish  maximum  class  sizes  for  special  classes  for  certain
students  with  disabilities  in  accordance with the provisions of this

S. 6356--C                         13

subdivision. For the purpose of obtaining relief from any adverse fiscal
impact from under-utilization of special education resources due to  low
student  attendance  in  special  education  classes  at  the middle and
secondary level as determined by the commissioner, such boards of educa-
tion  shall, during the school years nineteen hundred ninety-five--nine-
ty-six through June thirtieth, two thousand [fourteen]  FIFTEEN  of  the
two thousand [thirteen] FOURTEEN--two thousand [fourteen] FIFTEEN school
year,  be authorized to increase class sizes in special classes contain-
ing students with disabilities whose age ranges are equivalent to  those
of  students  in  middle and secondary schools as defined by the commis-
sioner for purposes of this section by up to but not to exceed  one  and
two  tenths  times  the applicable maximum class size specified in regu-
lations of the commissioner rounded up  to  the  nearest  whole  number,
provided  that  in  a  city  school  district having a population of one
million or more, classes that have a maximum class size of  fifteen  may
be increased by no more than one student and provided that the projected
average  class size shall not exceed the maximum specified in the appli-
cable regulation, provided that such authorization  shall  terminate  on
June  thirtieth,  two thousand. Such authorization shall be granted upon
filing of a notice by such a board of education  with  the  commissioner
stating the board's intention to increase such class sizes and a certif-
ication  that  the  board will conduct a study of attendance problems at
the secondary level and will  implement  a  corrective  action  plan  to
increase  the rate of attendance of students in such classes to at least
the rate for students attending regular education classes  in  secondary
schools  of the district. Such corrective action plan shall be submitted
for approval by the commissioner by a date during  the  school  year  in
which  such  board  increases  class  sizes as provided pursuant to this
subdivision to be prescribed by the commissioner. Upon at  least  thirty
days  notice  to  the board of education, after conclusion of the school
year in which such board increases class sizes as provided  pursuant  to
this subdivision, the commissioner shall be authorized to terminate such
authorization  upon  a  finding  that the board has failed to develop or
implement an approved corrective action plan.
  S 10. The education law is amended by adding a new section  4403-a  to
read as follows:
  S  4403-A.  WAIVERS  FROM  CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT,
APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON  SUCH
DISTRICT,  SCHOOL  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF
THIS ARTICLE, AND REGULATIONS PROMULGATED  THEREUNDER,  FOR  A  SPECIFIC
SCHOOL  YEAR.  SUCH APPLICATION MUST BE SUBMITTED AT LEAST SIXTY DAYS IN
ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE  AND
SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER.
  2.  BEFORE  SUBMITTING  AN  APPLICATION FOR A WAIVER, THE LOCAL SCHOOL
DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL  PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR
PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE  IMPACTED
BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT
WILL  ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL
BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER,  AND
SHALL  INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS
MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED  WAIVER.  THE  LOCAL  SCHOOL
DISTRICT,  APPROVED  PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND  PERSONS

S. 6356--C                         14

IN  PARENTAL  RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE
IN THE WAIVER APPLICATION SUBMITTED  TO  THE  COMMISSIONER  PURSUANT  TO
SUBDIVISION  ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH
PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS.
  3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON
A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES  PURSUANT  TO  SECTION  FORTY-FOUR  HUNDRED TWO OR
SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON  A  FINDING  THAT
SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL
OR  BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE
SPECIAL EDUCATION PROGRAM THAT IS  CONSISTENT  WITH  APPLICABLE  FEDERAL
REQUIREMENTS,  AND WILL ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES
FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING  SUCH  DETERMI-
NATION,  THE  COMMISSIONER  SHALL  CONSIDER ANY COMMENTS RECEIVED BY THE
LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE
STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED.
  4.  ANY  LOCAL  SCHOOL  DISTRICT,  APPROVED PRIVATE SCHOOL OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL
REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE
PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR  FOR
WHICH A WAIVER IS GRANTED.
  S 11. Intentionally omitted.
  S  12.  Subdivision b of section 2 of chapter 756 of the laws of 1992,
relating to funding a program for work force education conducted by  the
consortium  for worker education in New York city, as amended by section
27 of part A of chapter 57 of the laws of 2013, is amended  to  read  as
follows:
  b.  Reimbursement for programs approved in accordance with subdivision
a of this section [for the 2010--2011 school year shall not exceed  62.6
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and five cents per contact hour, reimbursement]  for  the
2011--2012  school  year  shall not exceed 62.9 percent of the lesser of
such approvable costs per contact hour or  twelve  dollars  and  fifteen
cents  per  contact  hour,  reimbursement for the 2012--2013 school year
shall not exceed 63.3 percent of the lesser of such approvable costs per
contact hour or twelve dollars and thirty-five cents per  contact  hour,
[and] reimbursement for the 2013--2014 school year shall not exceed 62.3
percent  of  the  lesser  of  such  approvable costs per contact hour or
twelve dollars and sixty-five cents per contact hour, AND  REIMBURSEMENT
FOR  THE  2014--2015  SCHOOL  YEAR  SHALL NOT EXCEED 61.6 PERCENT OF THE
LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR  EIGHT  DOLLARS  PER
CONTACT  HOUR  where a contact hour represents sixty minutes of instruc-
tion services provided to an eligible adult.  Notwithstanding any  other
provision  of  law to the contrary, [for the 2010--2011 school year such
contact hours shall not exceed  one  million  five  hundred  twenty-five
thousand  one  hundred  ninety-eight (1,525,198) hours; whereas] for the
2011--2012 school year such contact hours shall not exceed  one  million
seven hundred one thousand five hundred seventy (1,701,570) hours; wher-
eas  for  the 2012--2013 school year such contact hours shall not exceed
one million six hundred  sixty-four  thousand  five  hundred  thirty-two
(1,664,532)  hours;  whereas for the 2013--2014 school year such contact
hours shall not exceed one million six hundred forty-nine thousand seven
hundred forty-six (1,649,746) hours; WHEREAS FOR THE  2014--2015  SCHOOL
YEAR  SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FOUR HUNDRED THIR-
TY-TWO THOUSAND ONE HUNDRED TWENTY-NINE  (1,432,129)  HOURS.    Notwith-

S. 6356--C                         15

standing  any  other provision of law to the contrary, the apportionment
calculated for the city school district of the city of New York pursuant
to subdivision 11 of section 3602 of the education law shall be computed
as  if  such  contact hours provided by the consortium for worker educa-
tion, not to exceed the contact hours set forth  herein,  were  eligible
for  aid  in  accordance  with  the provisions of such subdivision 11 of
section 3602 of the education law.
  S 13. Section 4 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, is amended by adding a  new  subdivi-
sion s to read as follows:
  S.  THE  PROVISIONS  OF  THIS  SUBDIVISION  SHALL  NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2014--2015 SCHOOL  YEAR.  NOTWITHSTANDING
ANY  INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER OF EDUCATION SHALL
WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID  DUE  TO  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE
COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED
TO  THE ELEMENTARY AND SECONDARY EDUCATION FUND-LOCAL ASSISTANCE ACCOUNT
AND SHALL NOT EXCEED THIRTEEN MILLION DOLLARS ($13,000,000).
  S 14. Section 6 of chapter 756 of the laws of 1992, relating to  fund-
ing  a  program for work force education conducted by the consortium for
worker education in New York city, as amended by section 29 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S 6. This act shall take effect July 1,  1992,  and  shall  be  deemed
repealed on June 30, [2014] 2015.
  S 15. Subdivision 1 of section 167 of chapter 169 of the laws of 1994,
relating  to certain provisions related to the 1994-95 state operations,
aid to localities, capital projects and debt service budgets, as amended
by section 30 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
  1. Sections one through seventy of this act shall be  deemed  to  have
been  in  full  force  and effect as of April 1, 1994 provided, however,
that  sections  one,  two,  twenty-four,  twenty-five  and  twenty-seven
through seventy of this act shall expire and be deemed repealed on March
31, 2000; provided, however, that section twenty of this act shall apply
only  to  hearings  commenced  prior  to September 1, 1994, and provided
further that section twenty-six of this act shall expire and  be  deemed
repealed  on  March  31,  1997;  and provided further that sections four
through fourteen, sixteen, and eighteen, nineteen and twenty-one through
twenty-one-a of this act shall expire and be deemed  repealed  on  March
31,  1997; and provided further that sections three, fifteen, seventeen,
twenty, twenty-two and twenty-three of this  act  shall  expire  and  be
deemed repealed on March 31, [2015] 2016.
  S  16. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and certain other laws  relating  to
state  aid  to  school  districts and the appropriation of funds for the
support of government, as amended by section 31 of part A of chapter  57
of the laws of 2013, are amended to read as follows:
  (22)  sections  one  hundred twelve, one hundred thirteen, one hundred
fourteen, one hundred fifteen and one hundred sixteen of this act  shall
take effect on July 1, 1995; provided, however, that section one hundred
thirteen of this act shall remain in full force and effect until July 1,
[2014] 2015 at which time it shall be deemed repealed;
  (24)  sections one hundred eighteen through one hundred thirty of this
act shall be deemed to have been in full force and effect on  and  after
July 1, 1995; provided further, however, that the amendments made pursu-

S. 6356--C                         16

ant  to  section one hundred [nineteen] TWENTY-FOUR of this act shall be
deemed to be repealed on and after July 1, [2014] 2015;
  S  17.  Subdivision 8 of section 4401 of the education law, as amended
by section 25-a of part A of chapter 57 of the laws of 2013, is  amended
to read as follows:
  8.  "School district basic contribution" shall mean an amount equal to
the total school district local property and non-property tax  levy  for
the base year divided by the base year public school district enrollment
of  resident  pupils of the school district as defined in paragraph n of
subdivision one of section  thirty-six  hundred  two  of  this  chapter,
except  that  for  the  two thousand thirteen--two thousand fourteen AND
EACH [school] year THEREAFTER, for school districts other  than  central
high  school  districts and their components, such tax levy for the base
year shall be divided by the year prior to the base year pupil count  as
determined  by  the  commissioner pursuant to paragraph f of subdivision
two of section thirty-six hundred two of this  chapter  for  any  school
district  in  which such year prior to the base year pupil count exceeds
one hundred fifty percent of  such  base  year  public  school  district
enrollment of resident pupils.
  S  18.  Section  12  of  chapter 147 of the laws of 2001, amending the
education law relating to conditional appointment  of  school  district,
charter school or BOCES employees, as amended by section 32 of part A of
chapter 57 of the laws of 2013, is amended to read as follows:
  S  12.  This  act shall take effect on the same date as chapter 180 of
the laws of 2000 takes effect, and shall expire July 1, [2014] 2015 when
upon such date the provisions of this act shall be deemed repealed.
  S 19. Section 4 of chapter 425 of  the  laws  of  2002,  amending  the
education  law  relating  to  the provisions of supplemental educational
services, attendance at a safe  public  school  and  the  suspension  of
pupils  who  bring  a  firearm  to  or possess a firearm at a school, as
amended by section 33 of part A of chapter 57 of the laws  of  2013,  is
amended to read as follows:
  S  4.  This act shall take effect July 1, 2002 and shall expire and be
deemed repealed June 30, [2014] 2015.
  S 20. Section 5 of chapter 101 of  the  laws  of  2003,  amending  the
education law relating to implementation of the No Child Left Behind Act
of 2001, as amended by section 34 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  S  5.  This  act shall take effect immediately; provided that sections
one, two and three of this act shall expire and be  deemed  repealed  on
June 30, [2014] 2015.
  S 21. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 10-a of part A of chapter 57 of the
laws of 2012, is amended to read as follows:
  Notwithstanding  any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the  grant  to
each eligible school district for universal prekindergarten aid shall be
computed  pursuant  to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to  the
amount  computed for such school district for the base year in the elec-
tronic data file produced by the commissioner  in  support  of  the  two
thousand  nine--two  thousand ten education, labor and family assistance
budget, provided, however, that in the case of a  district  implementing
programs  for  the  first time or implementing expansion programs in the
two thousand eight--two thousand nine school year  where  such  programs

S. 6356--C                         17

operate  for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for  the  two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en  school  years,  such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a  of  subdivi-
sion  nine  of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as  "UNIVERSAL  PREKINDER-
GARTEN"  under  the  heading  "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the  enacted
budget  for  the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen [and], two thousand thirteen--two
thousand fourteen AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN school
years each school district shall be eligible for a maximum  grant  equal
to  the  greater of (i) the amount set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school  aid  computer  listing  produced by the commissioner in
support of the enacted budget for the 2011-12 school year  and  entitled
"SA111-2",  or  (ii)  the  amount  set forth for such school district as
"UNIVERSAL PREKINDERGARTEN" under the heading "2010-11 BASE  YEAR  AIDS"
in  the  school aid computer listing produced by the commissioner on May
fifteenth, two thousand eleven pursuant to paragraph  b  of  subdivision
twenty-one  of  section three hundred five of this chapter, and provided
further that the maximum grant shall not exceed the total  actual  grant
expenditures  incurred by the school district in the current school year
as approved by the commissioner.
  S 22. School bus driver training. In addition to apportionments other-
wise provided by section 3602 of the education law, for aid  payable  in
the 2014--2015 school year, the commissioner of education shall allocate
school  bus  driver  training  grants  to school districts and boards of
cooperative educational services pursuant to sections 3650-a, 3650-b and
3650-c of the education law, or for contracts directly with not-for-pro-
fit educational organizations for the purposes  of  this  section.  Such
payments  shall  not exceed four hundred thousand dollars ($400,000) per
school year.
  S 23. Special apportionment for salary  expenses.  a.  Notwithstanding
any  other  provision  of  law,  upon application to the commissioner of
education, not sooner than the first day of  the  second  full  business
week  of  June,  2015  and not later than the last day of the third full
business week of June, 2015, a school district eligible  for  an  appor-
tionment pursuant to section 3602 of the education law shall be eligible
to  receive  an  apportionment  pursuant to this section, for the school
year ending June 30, 2015, for salary expenses incurred between April  1
and June 30, 2015 and such apportionment shall not exceed the sum of (i)
the  deficit  reduction  assessment  of  1990--1991 as determined by the
commissioner of education, pursuant to paragraph f of subdivision  1  of
section  3602  of the education law, as in effect through June 30, 1993,
plus (ii) 186 percent of such amount for a city  school  district  in  a
city  with  a  population in excess of 1,000,000 inhabitants, plus (iii)
209 percent of such amount for a city school district in a city  with  a
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-

S. 6356--C                         18

sioner of education pursuant to subdivision 17 of section  3602  of  the
education  law,  and  provided further that such apportionment shall not
exceed such salary expenses. Such application shall be made by a  school
district, after the board of education or trustees have adopted a resol-
ution  to do so and in the case of a city school district in a city with
a population in excess of 125,000 inhabitants, with the approval of  the
mayor of such city.
  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such  subdivision  shall  be
deducted on a chronological basis starting with the earliest payment due
the district.
  S  24. Special apportionment for public pension accruals. a.  Notwith-
standing any other provision of law, upon application to the commission-
er of education, not later than June 30, 2015, a school district  eligi-
ble  for  an apportionment pursuant to section 3602 of the education law
shall be eligible to receive an apportionment pursuant to this  section,
for  the  school  year ending June 30, 2015 and such apportionment shall
not exceed the  additional  accruals  required  to  be  made  by  school
districts  in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount  of  such  addi-
tional  accrual  shall  be certified to the commissioner of education by
the president of the board of education or the trustees or, in the  case
of  a  city  school  district  in  a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application  shall  be
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.

S. 6356--C                         19

  b.  The  claim  for  an  apportionment to be paid to a school district
pursuant to subdivision a of this section  shall  be  submitted  to  the
commissioner  of  education  on  a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that  the  form
has been submitted as prescribed. Such approved amounts shall be payable
on  the  same  day in September of the school year following the year in
which application was made as funds provided  pursuant  to  subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law,  on  the  audit  and  warrant  of the state comptroller on vouchers
certified or approved by the commissioner of  education  in  the  manner
prescribed  by  law  from  moneys in the state lottery fund and from the
general fund to the extent that the amount paid  to  a  school  district
pursuant  to  this  section  exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the  school  year  following  the
year in which application was made.
  c.  Notwithstanding  the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be  deducted  from  the
following  payments  due  the  school  district  during  the school year
following the year in which application was made  pursuant  to  subpara-
graphs  (1),  (2),  (3),  (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the  lottery
apportionment  payable  pursuant  to  subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's  payments  to  the
teachers'  retirement  system pursuant to subparagraph (1) of such para-
graph, and any reminder to be deducted from the individualized  payments
due  the  district  pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
  S 25. a. Notwithstanding any other law,  rule  or  regulation  to  the
contrary,  any moneys appropriated to the state education department may
be suballocated to other state departments or agencies,  as  needed,  to
accomplish the intent of the specific appropriations contained therein.
  b.  Notwithstanding any other law, rule or regulation to the contrary,
moneys appropriated to the state education department from  the  general
fund/aid  to  localities,  local  assistance  account-001,  shall be for
payment of financial assistance, as  scheduled,  net  of  disallowances,
refunds, reimbursement and credits.
  c.  Notwithstanding any other law, rule or regulation to the contrary,
all moneys appropriated to the state education  department  for  aid  to
localities shall be available for payment of aid heretofore or hereafter
to  accrue  and may be suballocated to other departments and agencies to
accomplish the intent of the specific appropriations contained therein.
  d. Notwithstanding any other law, rule or regulation to the  contrary,
moneys  appropriated  to  the  state  education  department  for general
support for public schools may be interchanged with any  other  item  of
appropriation  for general support for public schools within the general
fund local assistance account office of  prekindergarten  through  grade
twelve education programs.
  S 26. Notwithstanding the provision of any law, rule, or regulation to
the  contrary,  the  city school district of the city of Rochester, upon
the consent of the board of  cooperative  educational  services  of  the
supervisory  district  serving  its  geographic region may purchase from

S. 6356--C                         20

such board for the 2014--2015 school year,  as  a  non-component  school
district, services required by article 19 of the education law.
  S  27. The amounts specified in this section shall be a set aside from
the state funds which each such district is  receiving  from  the  total
foundation  aid:  for  the  purpose  of  the development, maintenance or
expansion of magnet schools or magnet school programs for the 2014--2015
school year. To the city school district of the city of New  York  there
shall  be  paid  forty-eight  million  one hundred seventy-five thousand
dollars ($48,175,000) including five hundred thousand dollars ($500,000)
for the Andrew Jackson High School; to the Buffalo city school district,
twenty-one million twenty-five thousand dollars  ($21,025,000);  to  the
Rochester  city  school district, fifteen million dollars ($15,000,000);
to  the  Syracuse  city  school  district,  thirteen   million   dollars
($13,000,000);  to  the Yonkers city school district, forty-nine million
five hundred thousand dollars ($49,500,000); to the Newburgh city school
district,  four  million  six  hundred   forty-five   thousand   dollars
($4,645,000); to the Poughkeepsie city school district, two million four
hundred  seventy-five thousand dollars ($2,475,000); to the Mount Vernon
city school district, two  million  dollars  ($2,000,000);  to  the  New
Rochelle  city  school  district,  one million four hundred ten thousand
dollars ($1,410,000); to  the  Schenectady  city  school  district,  one
million eight hundred thousand dollars ($1,800,000); to the Port Chester
city  school  district,  one  million one hundred fifty thousand dollars
($1,150,000); to the White Plains city  school  district,  nine  hundred
thousand  dollars ($900,000); to the Niagara Falls city school district,
six hundred thousand dollars  ($600,000);  to  the  Albany  city  school
district,   three   million   five   hundred   fifty   thousand  dollars
($3,550,000); to the Utica city school  district,  two  million  dollars
($2,000,000); to the Beacon city school district, five hundred sixty-six
thousand  dollars  ($566,000);  to  the Middletown city school district,
four hundred thousand dollars ($400,000); to  the  Freeport  union  free
school district, four hundred thousand dollars ($400,000); to the Green-
burgh   central   school   district,   three  hundred  thousand  dollars
($300,000); to the Amsterdam city school district, eight  hundred  thou-
sand  dollars  ($800,000);  to  the  Peekskill city school district, two
hundred thousand dollars ($200,000);  and  to  the  Hudson  city  school
district,  four hundred thousand dollars ($400,000). Notwithstanding the
provisions of this section, a school district receiving a grant pursuant
to this section may use such grant funds for: (i) any  instructional  or
instructional  support  costs  associated with the operation of a magnet
school; or (ii) any instructional or instructional support costs associ-
ated with implementation of an  alternative  approach  to  reduction  of
racial  isolation  and/or  enhancement  of the instructional program and
raising of standards in  elementary  and  secondary  schools  of  school
districts  having  substantial  concentrations of minority students. The
commissioner of education shall not be  authorized  to  withhold  magnet
grant  funds  from  a school district that used such funds in accordance
with this paragraph, notwithstanding any inconsistency  with  a  request
for proposals issued by such commissioner. For the purpose of attendance
improvement  and  dropout prevention for the 2014--2015 school year, for
any city school district in a city having a population of more than  one
million,  the setaside for attendance improvement and dropout prevention
shall equal the amount set aside in the base year.  For  the  2014--2015
school  year,  it is further provided that any city school district in a
city having a population of more than  one  million  shall  allocate  at
least one-third of any increase from base year levels in funds set aside

S. 6356--C                         21

pursuant  to  the  requirements  of  this subdivision to community-based
organizations. Any increase required pursuant  to  this  subdivision  to
community-based   organizations  must  be  in  addition  to  allocations
provided  to  community-based  organizations  in  the base year. For the
purpose of teacher support for the 2014--2015 school year: to  the  city
school district of the city of New York, sixty-two million seven hundred
seven  thousand  dollars  ($62,707,000);  to  the  Buffalo  city  school
district,  one  million  seven  hundred   forty-one   thousand   dollars
($1,741,000);  to the Rochester city school district, one million seven-
ty-six  thousand  dollars  ($1,076,000);  to  the  Yonkers  city  school
district,   one   million   one  hundred  forty-seven  thousand  dollars
($1,147,000); and to the Syracuse city school  district,  eight  hundred
nine  thousand  dollars ($809,000). All funds made available to a school
district pursuant to this section shall be  distributed  among  teachers
including  prekindergarten teachers and teachers of adult vocational and
academic subjects in accordance with this section and shall be in  addi-
tion  to  salaries heretofore or hereafter negotiated or made available;
provided, however, that all funds distributed pursuant to  this  section
for  the  current year shall be deemed to incorporate all funds distrib-
uted pursuant to former subdivision 27 of section 3602 of the  education
law  for prior years. In school districts where the teachers are repres-
ented by certified or  recognized  employee  organizations,  all  salary
increases  funded  pursuant to this section shall be determined by sepa-
rate collective negotiations conducted pursuant to  the  provisions  and
procedures  of  article 14 of the civil service law, notwithstanding the
existence of a negotiated agreement between  a  school  district  and  a
certified or recognized employee organization.
  S  28.  Support  of  public libraries. The moneys appropriated for the
support of public libraries by a chapter of the laws  of  2014  enacting
the  aid  to  localities  budget shall be apportioned for the 2014--2015
state fiscal year in accordance with the  provisions  of  sections  271,
272,  273,  282,  284,  and  285  of the education law as amended by the
provisions of this chapter and the provisions of this section,  provided
that library construction aid pursuant to section 273-a of the education
law  shall  not  be  payable  from the appropriations for the support of
public libraries and provided further that no library, library system or
program, as defined by the commissioner of education, shall receive less
total system or program aid than it received  for  the  year  2001--2002
except as a result of a reduction adjustment necessary to conform to the
appropriations for support of public libraries.
  Notwithstanding  any other provision of law to the contrary the moneys
appropriated for the support of public libraries for the year 2014--2015
by a chapter of the laws of 2014 enacting the education, labor and fami-
ly assistance budget shall fulfill the  state's  obligation  to  provide
such aid and, pursuant to a plan developed by the commissioner of educa-
tion  and  approved  by  the  director of the budget, the aid payable to
libraries and library systems pursuant to such appropriations  shall  be
reduced  proportionately  to assure that the total amount of aid payable
does not exceed the total appropriations for such purpose.
  S 29. Severability. The provisions of this act shall be severable, and
if the application of  any  clause,  sentence,  paragraph,  subdivision,
section  or  part  of  this  act  to any person or circumstance shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment shall not necessarily affect, impair or invalidate the applica-
tion of any such clause, sentence, paragraph, subdivision, section, part
of  this  act  or  remainder  thereof,  as the case may be, to any other

S. 6356--C                         22

person or circumstance, but shall be confined in its  operation  to  the
clause,  sentence,  paragraph,  subdivision,  section  or  part  thereof
directly involved in the controversy in which such judgment  shall  have
been rendered.
  S  30.  This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2014, provided,
however, that:
  1. Sections one, two, five, seven, nine, twelve, thirteen,  seventeen,
twenty-two,  twenty-six  and  twenty-seven of this act shall take effect
July 1, 2014.
  2. The amendments to subdivision 6 of section 4402  of  the  education
law made by section nine of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith.
  3.  The  amendments  to  chapter  756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York city, made by sections twelve and  thirteen
of  this  act  shall  not affect the repeal of such chapter and shall be
deemed repealed therewith.
  4. Section twenty-five of this act shall expire and be deemed repealed
June 30, 2015.

                                PART A-1

  Section 1. Clauses (c) and (d) of subparagraph 5  of  paragraph  e  of
subdivision  6  of  section  3602  of  the  education law, clause (c) as
amended by section 13-a of part A of chapter 57 of  the  laws  of  2013,
clause  (d) as amended by section 30 of part A of chapter 58 of the laws
of 2011, are amended to read as follows:
  (c) [At the end of each ten year segment of  an  assumed  amortization
established  pursuant to subparagraphs two, three and four of this para-
graph, or in the two thousand fourteen -- two  thousand  fifteen  school
year  in  the  case of assumed amortizations whose ten year segment ends
prior to such school year, the commissioner shall revise  the  remaining
scheduled  semiannual payments of the outstanding principal and interest
of such assumed amortization, other than the outstanding  principal  and
interest  of  refunding  bonds where the district can demonstrate to the
commissioner that it is precluded by state or federal law, rule or regu-
lation from refinancing such outstanding principal and  interest,  based
on  the interest rates applicable for the current year if the difference
of the interest rate upon which the  existing  assumed  amortization  is
based  minus such interest rate applicable for the current year is equal
to or greater than one quarter of one-one hundredth.  Provided  however,
in  the  case of assumed amortization whose ten year segment ended prior
to the two thousand fourteen -- two thousand  fifteen  school  year  the
next  ten year segment shall be deemed to commence with the two thousand
fourteen -- two thousand fifteen school year. The department shall noti-
fy school districts of projects subject to the provisions of this clause
by no later than December first next preceding the school year in  which
the  assumed  amortization  is  scheduled to be revised pursuant to this
clause.
  (d)] Notwithstanding any other law, rule or regulation to the  contra-
ry,  any interest rate calculated under this subdivision shall take into
account any federal subsidy payments made or to be made to the  applica-
ble  school district or an issuer on behalf of the school district under
the terms of a federally  authorized  debt  instrument  which  have  the
effect  of  reducing  the  actual  interest costs incurred by the school

S. 6356--C                         23

district or an issuer on behalf of the school district over the life  of
such  capital debt, irrespective of any federal government right of set-
off.
  S 1-a. Notwithstanding any other law to the contrary, for building aid
payable  in the 2014--15 school year and thereafter, upon voter approval
of the dissolution and annexation of the Tuckahoe common school district
into the Southampton school district  in  Suffolk  county,  such  school
districts  or  successor  school district shall be eligible for an addi-
tional apportionment of building aid for approved expenditures  pursuant
to  subdivision  6  of  section  3602  of the education law for projects
approved by the commissioner of education prior to July  1,  2015.  Such
additional apportionment shall equal the product of the approved expend-
itures multiplied by ten hundredths (0.10).
  S  2.  Section  3641  of  the education law is amended by adding a new
subdivision 3-a to read as follows:
  3-A. SUPPLEMENTAL VALUATION IMPACT GRANTS. A. IN  ADDITION  TO  APPOR-
TIONMENTS  OTHERWISE  PROVIDED BY SECTION THIRTY-SIX HUNDRED TWO OF THIS
ARTICLE, FOR AID PAYABLE IN  THE  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL  YEAR, THE AMOUNTS SPECIFIED IN PARAGRAPHS B, C AND D OF
THIS SUBDIVISION SHALL BE PAID FOR THE PURPOSE OF  PROVIDING  ADDITIONAL
FUNDING FOR SCHOOL DISTRICTS WHICH HAVE EXPERIENCED A SIGNIFICANT FINAN-
CIAL HARDSHIP CREATED BY AN EXTRAORDINARY CHANGE IN THE TAXABLE PROPERTY
VALUATION  ARISING  OUT  OF  THE CLOSURE, GOVERNMENT ACQUISITION, AND/OR
DECOMMISSIONING OF A  POWER  PLANT  FACILITY  AND/OR  ENERGY  PROCESSING
FACILITY WITHIN SUCH SCHOOL DISTRICT BOUNDARIES.
  B.  TO  THE  PANAMA  CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID FIVE
HUNDRED THOUSAND DOLLARS ($500,000). SUCH  ADDITIONAL  AMOUNT  SHALL  BE
PAYABLE  TO  THE  PANAMA  CENTRAL SCHOOL DISTRICT IN ACCORDANCE WITH THE
PAYMENT SCHEDULES CONTAINED IN SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY.
  C. TO THE UNION-ENDICOTT CENTRAL SCHOOL DISTRICT, THERE SHALL BE  PAID
TWO  MILLION FOUR HUNDRED THOUSAND DOLLARS ($2,400,000). SUCH ADDITIONAL
AMOUNT SHALL BE PAYABLE TO THE UNION-ENDICOTT CENTRAL SCHOOL DISTRICT IN
ACCORDANCE WITH THE PAYMENT SCHEDULES CONTAINED  IN  SECTION  THIRTY-SIX
HUNDRED  NINE-A OF THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY.
  D. TO THE NORTH SHORE CENTRAL SCHOOL DISTRICT, THERE SHALL BE PAID TWO
MILLION FOUR HUNDRED THOUSAND DOLLARS  ($2,400,000).    SUCH  ADDITIONAL
AMOUNT  SHALL  BE  PAYABLE TO THE NORTH SHORE CENTRAL SCHOOL DISTRICT IN
ACCORDANCE WITH THE PAYMENT SCHEDULES CONTAINED  IN  SECTION  THIRTY-SIX
HUNDRED  NINE-A OF THIS ARTICLE, NOTWITHSTANDING ANY PROVISION OF LAW TO
THE CONTRARY.
  S 3. Section 31 of part A of chapter 57 of the laws of  2012  amending
the education law and other laws relating to implementing the education,
labor and family assistance budget, is amended to read as follows:
  S  31.  a. Notwithstanding any other provision of law to the contrary,
the actions or omissions of any school district which failed to submit a
final building project cost report by June 30 of the school year follow-
ing June 30 of the school year in which the certificate  of  substantial
completion of the project is issued by the architect or engineer, or six
months after issuance of such certificate, whichever is later, are here-
by  ratified  and  validated,  provided  that  such building project was
eligible for aid in a year for which the  commissioner  is  required  to
prepare  an  estimate  of apportionments due and owing pursuant to para-
graph c of subdivision 21 of section 305 of the education law,  provided
further  that  such  school  district  submits a final cost report on or

S. 6356--C                         24

before December 31, [2012] 2014 and  such  report  is  approved  by  the
commissioner  of education, and provided further that any amount due and
payable for school years prior to the 2013-14 school year as a result of
this  act  shall  be  paid  pursuant to the provisions of paragraph c of
subdivision 5 of section 3604 of the education law.
  b. Notwithstanding any other provision of law  to  the  contrary,  any
pending  payment  of moneys due to such district as a prior year adjust-
ment payable pursuant to paragraph c of subdivision 5 of section 3604 of
the education law for aid claims that had been previously paid in excess
as current year aid payments and for which recovery of  excess  payments
is  to  be  made pursuant to this act, shall be reduced by any remaining
unrecovered balance of such excess payments, and the remaining scheduled
deductions of such excess payments pursuant to this act shall be reduced
by the commissioner of education to reflect the amount so recovered.
  [c. The education department is hereby directed to adjust the approved
costs of the aforementioned projects on a pro-rata basis to reflect  the
number  of years between June 30 of the school year following June 30 of
the school year in which the certificate of  substantial  completion  of
the  project is issued by the architect or engineer, or six months after
issuance of such certificate, whichever is later and the date upon which
the district filed a final cost report as a  proportion  of  the  useful
life  of  the  project,  and to consider such adjusted approved costs as
valid and proper obligations of such school districts.]
  S 4. Paragraph c of subdivision 4 of section  4405  of  the  education
law, as amended by chapter 82 of the laws of 1995, is amended to read as
follows:
  c.  The  director of the budget, in consultation with the commissioner
of education, the commissioner of social services, and any  other  state
agency  or other source the director may deem appropriate, shall approve
reimbursement methodologies for tuition and for maintenance. Any modifi-
cation in the approved reimbursement methodologies shall be  subject  to
the  approval  of the director of the budget. [Notwithstanding any other
provision of law, rule or regulation  to  the  contrary,  tuition  rates
established for the nineteen hundred ninety-five--ninety-six school year
shall  exclude  the  two percent cost of living adjustment authorized in
rates established  for  the  nineteen  hundred  ninety-four--ninety-five
school  year.]  TUITION RATES APPROVED FOR THE TWO THOUSAND FOURTEEN-TWO
THOUSAND FIFTEEN SCHOOL YEAR AND  THEREAFTER  FOR  SPECIAL  SERVICES  OR
PROGRAMS PROVIDED TO SCHOOL-AGE STUDENTS BY APPROVED PRIVATE RESIDENTIAL
OR  NON-RESIDENTIAL SCHOOLS FOR THE EDUCATION OF STUDENTS WITH DISABILI-
TIES THAT ARE LOCATED WITHIN THE STATE, 4201 SCHOOLS AND BY SPECIAL  ACT
SCHOOL DISTRICTS SHALL GROW BY A PERCENTAGE EQUAL TO THE GREATER OF: (I)
THE  AVERAGE,  ROUNDED  TO THREE DECIMAL PLACES, OF THE QUOTIENTS OF THE
TOTAL PERSONAL INCOME OF TAXPAYERS IN THE STATE FOR  EACH  STATE  FISCAL
YEAR  IN  THE  FOUR-YEAR PERIOD FINISHING WITH THE STATE FISCAL YEAR ONE
YEAR PRIOR TO THE STATE FISCAL YEAR IN WHICH  THE  BASE  YEAR  COMMENCED
DIVIDED  BY THE TOTAL PERSONAL INCOME OF TAXPAYERS OF THE STATE FOR EACH
IMMEDIATELY PRECEDING STATE FISCAL YEAR, ROUNDED TO THREE DECIMAL PLACES
MINUS ONE; OR (II) ZERO.
  S 5. The commissioner of education, in consultation with the New  York
state  broadband  program  office of the empire state development corpo-
ration, the New York state energy research and development authority and
the public service commission, shall establish an online learning  advi-
sory  committee which shall develop recommendations for establishment of
a statewide online and blended learning program. Such advisory committee
shall be composed of 12 members appointed by the commissioner of  educa-

S. 6356--C                         25

tion.  Provided  that  of  such  12  members:    three  members shall be
appointed upon the recommendation of the governor, three  members  shall
be  appointed  upon the recommendation of the temporary president of the
senate,  three members shall be appointed upon the recommendation of the
speaker of the assembly, and the remaining members shall be appointed in
the sole discretion of the commissioner of education. The members of the
committee shall have demonstrated experience with or expertise in one of
the following areas: private or public online  providers,  accreditation
of  programming,  boards  of  cooperative  educational  services, school
administration, educational delivery in a rural setting, existing online
and blended learning program development, institutions of higher  educa-
tion,  or as a teacher certified pursuant to article 61 of the education
law. The recommendations of the advisory committee  shall  include,  but
not be limited to:
  (a) definitions of online and blended learning;
  (b)  connecting  modules  throughout  the  state  in order to create a
statewide online and blended learning system including, but not  limited
to, remote and rural school districts;
  (c)  model school district policies, as well as model agreements to be
used by school districts in implementation  of  an  online  and  blended
learning  program including, but not limited to, agreements that address
billing, fees, responsibilities of online course  providers  and  school
districts;
  (d)  best  practices from throughout the state that can be modeled and
replicated;
  (e) implementation guidelines and policies for schools without  online
and blended learning programs;
  (f)  state  and  federal  funding opportunities for online and blended
learning programs, as well as a review of state aid to online and blend-
ed learning programs;
  (g) regulatory review and development of new regulations pertaining to
online and blended learning programs;
  (h) content and course evaluation;
  (i) identifiable academic programming suited for  online  and  blended
learning that have been eliminated from course offerings within the past
five  years  including,  but  not  limited to, foreign language courses,
technology  classes,  art  and  music,  and  career  and  college  ready
programs;
  (j)  partnerships  with institutions of higher education for workforce
opportunities using online and blended learning;
  (k)  teaching  and  professional  development  requirements  including
recommendations  regarding  licensure, and compliance with current state
laws;
  (l) technology support, including but not  limited  to,  technological
delivery  and broadband access to remote and underrepresented geographic
areas;
  (m) quality assessment and licensing of online providers;
  (n) operational and administrative support guidelines;
  (o) addressing barriers to the implementation of  online  and  blended
learning programs; and
  (p)  local  school  district flexibility including recommendations for
compliance with seat-time and graduation requirements.
  S 6. The members of the advisory committee shall  receive  no  compen-
sation  for their services, but shall be allowed their actual and neces-
sary expenses incurred in the performance of their  duties  pursuant  to
this act.

S. 6356--C                         26

  S  7. The advisory committee shall convene on or before August 1, 2014
to develop its recommendations.  On  or  before  January  1,  2015,  the
committee  shall  submit a preliminary report of its recommendations for
consideration in the executive budget for  the  2015-2016  state  fiscal
year,  and, on or before October 1, 2015, shall submit a final report of
its recommendations to the governor,  the  temporary  president  of  the
senate,  the  speaker  of the assembly and the chairs of the legislative
commission on the development of rural resources.
  S 8. The opening paragraph of section 3609-a of the education law,  as
amended  by  section  14 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
  For aid payable in the two thousand seven--two thousand  eight  school
year  and  thereafter, "moneys apportioned" shall mean the lesser of (i)
the sum of one hundred percent of the respective amount  set  forth  for
each  school  district as payable pursuant to this section in the school
aid computer listing for the current year produced by  the  commissioner
in support of the budget which includes the appropriation for the gener-
al  support  for public schools for the prescribed payments and individ-
ualized payments due prior to April first for the current year plus  the
apportionment  payable during the current school year pursuant to subdi-
vision six-a and subdivision fifteen of section thirty-six  hundred  two
of  this  part  minus  any  reductions  to current year aids pursuant to
subdivision seven of section thirty-six hundred four of this part or any
deduction from  apportionment  payable  pursuant  to  this  chapter  for
collection  of a school district basic contribution as defined in subdi-
vision eight of section forty-four hundred one of this chapter, less any
grants provided pursuant to subparagraph two-a of paragraph b of  subdi-
vision  four  of section ninety-two-c of the state finance law, less any
grants provided pursuant to subdivision  twelve  of  section  thirty-six
hundred  forty-one of this article, or (ii) the apportionment calculated
by the commissioner based on data on file at the  time  the  payment  is
processed;  provided however, that for the purposes of any payments made
pursuant to this section prior to the first business day of June of  the
current  year,  moneys  apportioned  shall  not include any aids payable
pursuant to subdivisions six and fourteen,  if  applicable,  of  section
thirty-six hundred two of this part as current year aid for debt service
on bond anticipation notes and/or bonds first issued in the current year
or  any  aids  payable  for  full-day  kindergarten for the current year
pursuant to subdivision nine of section thirty-six hundred two  of  this
part.  The definitions of "base year" and "current year" as set forth in
subdivision one of section thirty-six hundred two  of  this  part  shall
apply  to  this section. For aid payable in the [two thousand thirteen--
two thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND  FIFTEEN
school  year,  reference  to  such  "school aid computer listing for the
current year" shall mean the printouts entitled ["SA131-4"] SA141-5.
  S 9. Subdivision a of section 5 of chapter 121 of the  laws  of  1996,
relating  to  authorizing  the  Roosevelt  union free school district to
finance deficits by the issuance of serial bonds, as amended by  section
23-b  of part A of chapter 57 of the laws of 2013, is amended to read as
follows:
  a. Notwithstanding any other provisions of law,  upon  application  to
the  commissioner of education submitted not sooner than April first and
not later than June thirtieth of the applicable school year, the  Roose-
velt  union  free school district shall be eligible to receive an appor-
tionment pursuant to this chapter for salary expenses, including related
benefits, incurred between April first and June thirtieth of such school

S. 6356--C                         27

year.  Such apportionment shall not exceed: for the 1996-97 school  year
through   the  [2013-14]  2014-15  school  year,  four  million  dollars
($4,000,000); for the  [2014-15]  2015-16  school  year,  three  million
dollars ($3,000,000); for the [2015-16] 2016-17 school year, two million
dollars ($2,000,000); for the [2016-17] 2017-18 school year, one million
dollars  ($1,000,000);  and  for the [2017-18] 2018-19 school year, zero
dollars.   Such annual application shall be  made  after  the  board  of
education  has  adopted  a  resolution to do so with the approval of the
commissioner of education.
  S 10. Paragraph a-1 of subdivision 11 of section 3602 of the education
law, as amended by section 25 of Part A of chapter 57  of  the  laws  of
2013, is amended to read as follows:
  a-1.  Notwithstanding  the  provisions of paragraph a of this subdivi-
sion, for aid payable in the school years two thousand--two thousand one
through two thousand nine--two thousand ten, and two  thousand  eleven--
two  thousand twelve through two thousand [thirteen] FOURTEEN--two thou-
sand [fourteen] FIFTEEN, the commissioner may set aside an amount not to
exceed two million five hundred thousand dollars from the  funds  appro-
priated  for  purposes  of  this  subdivision for the purpose of serving
persons twenty-one years of age or older who have not been  enrolled  in
any  school  for  the  preceding school year, including persons who have
received a high school diploma or high school  equivalency  diploma  but
fail  to  demonstrate basic educational competencies as defined in regu-
lation by the  commissioner,  when  measured  by  accepted  standardized
tests, and who shall be eligible to attend employment preparation educa-
tion programs operated pursuant to this subdivision.
  S  11.  Subdivision 10 of section 6-p of the general municipal law, as
amended by section 32-a of part A of chapter 57 of the laws of 2013,  is
amended to read as follows:
  10.  Notwithstanding any provision of law to the contrary, the govern-
ing board of a school district may, during the [two thousand  thirteen--
two  thousand  fourteen]  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND FIFTEEN
school year, authorize a withdrawal from this fund in an amount  not  to
exceed the lesser of: (a) the dollar value of excess funding in the fund
as  determined  by  the  comptroller pursuant to section thirty-three of
this chapter or (b) the amount of the school  district's  remaining  gap
elimination  adjustment  as  calculated by the commissioner of education
pursuant to subdivision seventeen of section thirty-six hundred  two  of
the education law. Funds withdrawn pursuant to this subdivision may only
be  used  for  the purpose of maintaining educational programming during
the [two thousand thirteen--two thousand fourteen]  TWO  THOUSAND  FOUR-
TEEN--TWO  THOUSAND  FIFTEEN school year which otherwise would have been
reduced as a result of such gap elimination adjustment. Governing boards
which make such a withdrawal shall submit, in a form prescribed  by  the
commissioner  of  education,  relevant information about the withdrawal,
which shall include but not be limited to,  the  amount  of  such  with-
drawal, the date of withdrawal, and the use of such withdrawn funds.
  S 12. Subparagraph (a) of paragraph p of subdivision 4 of section 1950
of  the education law, as amended by chapter 602 of the laws of 1994, is
amended to read as follows:
  (a) To rent suitable land, classrooms, offices or buildings upon or in
which to maintain and conduct such cooperative educational services  and
administrative offices for a period not to exceed [ten] TWENTY years and
to  improve,  alter, equip and furnish such land, classrooms, offices or
buildings in a suitable manner for such purposes  (1)  before  executing
any  lease,  the  board  shall  adopt a resolution determining that such

S. 6356--C                         28

agreement is in the best financial interests of the supervisory district
and stating the basis of that  determination;  (2)  the  rental  payment
shall not be more than the fair market value as determined by the board;
and  (3) upon the consent of the commissioner, renewal of such lease may
be made for a period of up to  [ten]  TWENTY  years.  Nothing  contained
herein  shall  prevent  the  board  from entering into a lease agreement
which provides for the cancellation of the same by such board upon:  (i)
a  substantial  increase  or  decrease  in  pupil  enrollment; or (ii) a
substantial change in the needs and requirements of a board  of  cooper-
ative  educational  services  with  respect  to facilities; or (iii) any
other change which substantially affects the needs or requirements of  a
board  of  cooperative educational services or the community in which it
is located. No lease or other contract for the occupancy of  such  land,
classrooms,  offices or buildings shall be enforceable against the board
of cooperative educational services unless and until the same shall have
been approved in writing by the commissioner.
  S 13. Section 26 of subpart F of part C of chapter 97 of the  laws  of
2011 amending the education law relating to census reporting, is amended
to read as follows:
  S  26. This act shall take effect immediately provided, however, [that
the provisions of section three of this act shall expire June  30,  2014
when  upon  such  date  the  provisions  of such section shall be deemed
repealed; provided, further] that  the  provisions  of  sections  eight,
eleven,  twelve,  thirteen  and  twenty of this act shall expire July 1,
2014 when upon such date the provisions of such sections shall be deemed
repealed.
  S 14. Subdivisions 1, 2 and 7 of section 2116-b of the education  law,
subdivisions  1  and  7 as added by chapter 263 of the laws of 2005, and
subdivision 2 as amended by section 4 of part A of  chapter  57  of  the
laws  of  2013,  are amended and a new subdivision 8 is added to read as
follows:
  1. No later than July first, two thousand six,  each  school  district
shall  establish  an internal audit function to be in operation no later
than the following December thirty-first. Such function  shall  include:
(a)  development  of a risk assessment of district operations, including
but not limited to, a review of financial policies  and  procedures  and
the  testing and evaluation of district internal controls; (b) [an annu-
al] A review and update of such risk assessment; and (c) preparation  of
reports[,  at least annually or more frequently as the trustees or board
of education may direct,]  which  analyze  significant  risk  assessment
findings,  recommend  changes  for  strengthening  controls and reducing
identified risks, and specify  timeframes  for  implementation  of  such
recommendations.
  2. School districts of less than eight teachers, school districts with
actual general fund expenditures totaling less than five million dollars
in  the previous school year, or school districts with actual enrollment
of less than one thousand five hundred students in the  previous  school
year shall be exempt from this requirement. Any school district claiming
such  exemption  shall  [annually] certify to the commissioner that such
school district meets the requirements set forth in this subdivision.
  7. Nothing in this section shall be construed as  requiring  a  school
district  in any city with a population of one hundred twenty-five thou-
sand or more to replace or modify an existing  internal  audit  function
where  such  function already exists by special or local law, so long as
the superintendent of the district [annually] certifies to  the  commis-

S. 6356--C                         29

sioner  that  the  existing internal audit function meets or exceeds the
requirements of this section.
  8.    NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
INTERNAL AUDIT FUNCTION ESTABLISHED PURSUANT TO THIS  SECTION  SHALL  BE
OPTIONAL  BY ALL SCHOOL DISTRICTS UNLESS THE COMPTROLLER FINDS DEFICIEN-
CIES IN THE AUDIT PERFORMED PURSUANT  TO  SECTION  THIRTY-THREE  OF  THE
GENERAL  MUNICIPAL  LAW.  IF  DEFICIENCIES ARE FOUND BY THE COMPTROLLER,
SCHOOL DISTRICTS SHALL PERFORM BIENNIAL INTERNAL AUDITS UNTIL THE  COMP-
TROLLER CONDUCTS ANOTHER AUDIT OF SUCH SCHOOL DISTRICT.
  S 15. Section 4 of chapter 698 of the laws of 1996 amending the educa-
tion  law relating to transportation contracts, as amended by section 19
of part A of chapter 57 of the laws of  2012,  is  amended  to  read  as
follows:
  S  4. This act shall take effect immediately[, and shall expire and be
deemed repealed on and after June 30, 2017].
  S 16. Paragraph a of subdivision 2 of section 4402  of  the  education
law,  as  amended by chapter 243 of the laws of 1989, is amended to read
as follows:
  a. The board of education or trustees of each school district shall be
required to furnish suitable  educational  opportunities  for  [children
with  handicapping  conditions] STUDENTS WITH DISABILITIES by one of the
special services or  programs  listed  in  subdivision  two  of  section
forty-four hundred one OF THIS ARTICLE. The need of the individual child
shall  determine which of such services shall be rendered. Each district
shall provide to the maximum  extent  appropriate  such  services  in  a
manner  which  enables  [children with handicapping conditions] STUDENTS
WITH DISABILITIES to participate  in  regular  education  services  when
appropriate.  Such  services  or programs shall be furnished between the
months of September and June of each year, except that for the  nineteen
hundred  eighty-seven--eighty-eight  school  year  and  thereafter, with
respect to the students whose [handicapping conditions] DISABILITIES are
severe enough to exhibit the need for a structured learning  environment
of twelve months duration to maintain developmental levels, the board of
education or trustees of each school district upon the recommendation of
the  committee  on  special  education  [and, in the first instance, the
consent of the  parent]  shall  also  provide,  either  directly  or  by
contract,  for the provision of special services and programs as defined
in section forty-four hundred one of this article during the  months  of
July and August as contained in the individualized education program for
each  eligible  [child]  STUDENT, and with prior approval by the commis-
sioner if required; provided that [(i) a  student  with  a  handicapping
condition  who is first eligible to attend public school in the nineteen
hundred eighty-seven--eighty-eight school year shall not be eligible  to
receive  services  pursuant  to this paragraph during the months of July
and August nineteen hundred eighty-seven  and  (ii)  a  student  with  a
handicapping  condition who is first eligible to attend public school in
the nineteen hundred eighty-eight--eighty-nine school year shall not  be
eligible  to  receive  services  pursuant  to  this paragraph during the
months of July and August nineteen  hundred  eighty-eight  and  (iii)  a
student  with  a  handicapping  condition  who  is eligible for services
during the months of July and August nineteen hundred eighty-nine pursu-
ant to the provisions of subdivision six of section  forty-four  hundred
ten  of  this article shall not be eligible to receive services pursuant
to this paragraph during such months and (iv)] a student with a  [handi-
capping  condition]  DISABILITY  who is eligible for services, including
services during the months of  July  and  August,  pursuant  to  section

S. 6356--C                         30

forty-four  hundred ten of this article shall not be eligible to receive
services pursuant to this  paragraph  during  the  months  of  July  and
August.
  S  17.  Section 810 of the education law, as amended by chapter 616 of
the laws of 1969, subdivision 1 as amended by chapter 96 of the laws  of
1978, is amended to read as follows:
  S  810.  [Conservation] EARTH day.   [1. The last Friday in April each
year is hereby made and declared to be known as  Conservation  day,  and
observed  in accordance with the provisions of this chapter, except that
for the year nineteen hundred seventy-eight, Conservation day  shall  be
May third.
  2.  It  shall be the duty of the authorities of every public school in
this state to assemble the pupils in their charge on  that  day  in  the
school  building,  or elsewhere, as they may deem proper, and to provide
for and conduct (1) such exercises as shall tend to encourage the plant-
ing, protection and preservation of trees and shrubs, and  an  acquaint-
ance with the best methods to be adopted to accomplish such results, and
(2)  such  lectures,  pictures  or  tours, as shall tend to increase the
interest and knowledge of such pupils in the fish and  wild  life,  soil
and water of the state.
  3.  The  commissioner  of  education may prescribe from time to time a
course  of  exercises  and  instruction  in  the  subjects  hereinbefore
mentioned,  which  shall  be  adopted  and observed by the public school
authorities on Conservation day. Upon receipt of copies of  such  course
sufficient  in number to supply all the schools under their supervision,
the school authorities aforesaid shall  promptly  provide  each  of  the
schools  under  their  charge with a copy, and cause it to be observed.]
ANNUALLY, IT SHALL BE THE DUTY OF THE AUTHORITIES OF EVERY PUBLIC SCHOOL
IN THIS STATE TO OBSERVE EARTH DAY  AS  THEY  MAY  DEEM  PROPER  AND  TO
ENCOURAGE INSTRUCTION ON THE EARTH'S NATURAL ENVIRONMENT AS APPROPRIATE.
  S  18.  Paragraph  d of subdivision 4 of section 3641 of the education
law is REPEALED.
  S 19. Notwithstanding any other provision of law to the contrary,  the
aggregate  amount  of one million one hundred twenty-three thousand nine
hundred and twelve dollars received by the General Brown central  school
district  from  the  Utica  National  Insurance  Group allocated for the
rebuilding of the bus garage and  the  lease  of  busses  shall  not  be
deducted  from  the cost allowance used to compute aid for such projects
pursuant to subdivision 6 of section 3602  of  the  education  law.  Any
amount  due and payable to the General Brown central school district for
school years prior to the 2014-15 school year as a result  of  this  act
shall be paid pursuant to the provisions of paragraph c of subdivision 5
of section 3604 of the education law.
  S  20. Subparagraph 10 of paragraph h of subdivision 4 of section 1950
of the education law, as added by chapter 396 of the laws  of  2012,  is
amended to read as follows:
  (10) To enter into contracts [of no more than two years and subject to
the   sunset  date  of  this  subparagraph,]  with  out-of-state  school
districts for special education and/or career  and  technical  education
services or for the use of existing products that demonstrate how to map
the common core standards to assessments and/or provide access to exist-
ing  webinars or online courses relating to implementation of the common
core standards AND/OR FOR PROVIDING PROFESSIONAL DEVELOPMENT  TO  EDUCA-
TORS.  Any  contract shall be approved by the commissioner, the board of
cooperative educational services  and  the  district  superintendent  of
schools,  provided  such  services  are  made  available  to  any school

S. 6356--C                         31

district within the supervisory district and that  the  requirements  of
this  subparagraph  are  met. Contracts must be executed by the board of
cooperative educational services and the trustees or boards of education
of  such  out-of-state school districts and shall only authorize out-of-
state students to  participate  in  an  instructional  program  if  such
services  are  available  to  all  eligible  students  in New York state
schools in the component districts and the number of participating  out-
of-state  students only comprises up to five percent of the total number
of the total enrolled students in the instructional program at the board
of cooperative educational services and that the  board  of  cooperative
educational  services  spends no more than thirty percent of its employ-
ees' time on services to out-of-state districts pursuant to this subpar-
agraph. To be approved by the commissioner, the contract and  any  busi-
ness  plan, shall demonstrate that any services provided to out-of-state
schools pursuant to this subparagraph shall not result in any additional
costs being imposed on component school districts and that any  payments
received  by  the board of cooperative educational services for services
provided in this subparagraph that exceed any cost to the board of coop-
erative educational  services  for  providing  such  services  shall  be
applied  to  reduce  the  costs  of aidable shared services allocated to
component school districts pursuant to paragraph d of  this  subdivision
and shall also be applied to reduce the approved cost of services pursu-
ant to subdivision five of this section. Services provided by a board of
cooperative  educational  services to component districts at the time of
approval of a contract under this paragraph  shall  not  be  reduced  or
eliminated  solely  due  to a board of cooperative educational services'
performance of services to out-of-state districts pursuant to this para-
graph.
  S 21. Notwithstanding any other provision of law, rule  or  regulation
to  the  contrary, the Valley Stream School District 24 is authorized in
the 2014-2015 school year to transfer to the general fund of such school
district, for the sole purpose of real property tax  reduction,  surplus
monies  in  the retirement contribution reserve fund established by such
school district.
  S 22. The commissioner of education shall  collaborate  with  parents,
principals and teachers to provide effective, data-informed professional
development  and  coaching  to meet the needs of implementing the common
core learning standards and provide parents with instructional tools  to
promote and assist in developing college and career readiness.
  Such  support  shall  include any necessary materials, age appropriate
instruction and presentations that provide best practices for the effec-
tive implementation of the  common  core  learning  standards  that  are
designed  to  improve  student  learning outcomes. Such support shall be
available for the purpose  of  providing  professional  development  for
teachers  and  principals, as well as parent engagement, and preparation
programs for  participating  school  districts,  boards  of  cooperative
educational services, charter schools and communities at large.
  S  23.  Subparagraphs (ii) and (iii) of paragraph (a) of subdivision 1
of section 2856 of the education law, as amended by section 5 of part  A
of  chapter  57  of the laws of 2013, are relettered subparagraphs (iii)
and (iv) and a new subparagraph (ii) is added to read as follows:
  (II) FOR CHARTER SCHOOL BASIC TUITION FOR A CITY SCHOOL DISTRICT IN  A
CITY  HAVING  A  POPULATION  OF ONE MILLION INHABITANTS OR MORE AN ADDI-
TIONAL AMOUNT SHALL BE PROVIDED TO THE AMOUNT CALCULATED IN SUBPARAGRAPH
(I) OF THIS PARAGRAPH EQUAL  TO  THE  POSITIVE  DIFFERENCE  OF  (1)  ONE
HUNDRED  PERCENT  OF  THE  AMOUNT  CALCULATED PURSUANT TO PARAGRAPH F OF

S. 6356--C                         32

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 CALCU-
LATED  PURSUANT  TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR EXCEPT
THAT THE TERMS OF PARAGRAPH D OF SUBDIVISION TWO OF  SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS CHAPTER SHALL NOT APPLY TO CALCULATION UNDER THIS
SUBPARAGRAPH MINUS (2) THE AMOUNT CALCULATED UNDER SUBPARAGRAPH  (I)  OF
THIS PARAGRAPH. PROVIDED HOWEVER IN THE TWO THOUSAND FOURTEEN--TWO THOU-
SAND  FIFTEEN  SCHOOL YEAR SUCH ADDITIONAL AMOUNT CALCULATED PURSUANT TO
THIS SUBPARAGRAPH SHALL  BE  MULTIPLIED  BY  A  FACTOR  OF  SEVENTY-FIVE
HUNDREDTHS  (.75)  AND IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR AND EACH YEAR THEREAFTER SUCH ADDITIONAL  AMOUNT  CALCULATED
PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL BE MULTIPLIED BY A FACTOR OF ONE
(1.00);
  S 24. Subparagraphs (ii) and (iii) of paragraph (a) of  subdivision  1
of  section 2856 of the education law, as amended by section 6 of part A
of chapter 57 of the laws of 2013, are  relettered  subparagraphs  (iii)
and (iv) and a new subparagraph (ii) is added to read as follows:
  (II)  FOR CHARTER SCHOOL BASIC TUITION FOR A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE MILLION INHABITANTS  OR  MORE  AN  ADDI-
TIONAL AMOUNT SHALL BE PROVIDED TO THE AMOUNT CALCULATED IN SUBPARAGRAPH
(I)  OF  THIS  PARAGRAPH  EQUAL  TO  THE  POSITIVE DIFFERENCE OF (1) 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  CALCU-
LATED  PURSUANT  TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX
HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR EXCEPT
THAT THE TERMS OF PARAGRAPH D OF SUBDIVISION TWO OF  SECTION  THIRTY-SIX
HUNDRED  TWO  OF  THIS CHAPTER SHALL NOT APPLY TO CALCULATION UNDER THIS
SUBPARAGRAPH MINUS (2) THE AMOUNT CALCULATED UNDER SUBPARAGRAPH  (I)  OF
THIS PARAGRAPH. PROVIDED HOWEVER IN THE TWO THOUSAND FOURTEEN--TWO THOU-
SAND  FIFTEEN  SCHOOL YEAR SUCH ADDITIONAL AMOUNT CALCULATED PURSUANT TO
THIS SUBPARAGRAPH SHALL  BE  MULTIPLIED  BY  A  FACTOR  OF  SEVENTY-FIVE
HUNDREDTHS  (.75)  AND IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR AND EACH  YEAR THEREAFTER SUCH ADDITIONAL AMOUNT  CALCULATED
PURSUANT  TO  THIS  SUBPARAGRAPH  SHALL BE MULTIPLIED BY A FACTOR OF ONE
(1.00);
  S 25. Paragraph (c) of subdivision 4 of section 2853 of the  education
law,  as  added  by chapter 4 of the laws of 1998, is amended to read as
follows:
  (c) A charter school may contract with  [a  school  district  or]  the
governing body of a public college or university for the use of a school
building  and  grounds,  the operation and maintenance thereof. Any such
contract shall provide such services or facilities at cost.    A  SCHOOL
DISTRICT  SHALL PERMIT ANY CHARTER SCHOOL USING A DISTRICT SCHOOL BUILD-
ING AND GROUNDS, THE OPERATION AND  MAINTENANCE  THEREOF,  TO  USE  SUCH
SERVICES AND FACILITIES WITHOUT COST.
  S  26.  Section  2856  of the education law is amended by adding a new
subdivision 4 to read as follows:
  4.  FOR A CHARTER SCHOOL THAT, AFTER APRIL FIRST, TWO  THOUSAND  FOUR-
TEEN,  OPENS, ADDS ACADEMIC GRADES OR LOSES THE USE OF A DISTRICT SCHOOL
BUILDING WITHOUT COST.  A SCHOOL DISTRICT IN A CITY HAVING A  POPULATION
OF  ONE  MILLION  OR  MORE  INHABITANTS SHALL PAY AN AMOUNT EQUAL TO THE
LESSER OF (I) TWENTY-FIVE PERCENT OF THE AMOUNT CALCULATED  PURSUANT  TO

S. 6356--C                         33

SUBDIVISION  ONE  OF  THIS SECTION TO ANY CHARTER SCHOOL WITH RESPECT TO
ANY OF ITS STUDENTS NOT LOCATED IN DISTRICT SCHOOL BUILDINGS AND GROUNDS
PROVIDED WITHOUT COST PURSUANT TO PARAGRAPH (C) OF SUBDIVISION  FOUR  OF
SECTION  TWENTY-EIGHT  HUNDRED  FIFTY-THREE  OF  THIS ARTICLE OR (II) AN
AMOUNT DETERMINED BY THE ENTITY AUTHORIZED TO ISSUE A  CHARTER  PURSUANT
TO  THIS  ARTICLE  EQUAL TO THE CHARTER SCHOOL'S ACTUAL ANNUAL PER PUPIL
EXPENDITURE ON FACILITIES, INCLUDING RENT,  OPERATION  AND  MAINTENANCE,
DEBT  SERVICE  AND  AMORTIZED  CAPITAL OUTLAY THEREOF PROVIDED HOWEVER A
CHARTER SCHOOL SHALL SELECT EITHER THE AID CALCULATED PURSUANT  TO  THIS
SUBDIVISION  OR  THE  AID  CALCULATED UNDER SUBDIVISION SIX-G OF SECTION
THIRTY-SIX HUNDRED TWO OF THIS CHAPTER BUT  IN  NO  INSTANCE  SHALL  THE
CHARTER SCHOOL RECEIVE BOTH.
  S  27. Paragraph (c) of subdivision 2 of section 2854 of the education
law, as added by chapter 4 of the laws of 1998, is amended  to  read  as
follows:
  (c) A charter school shall serve one or more of the grades one through
twelve,  and  shall  limit  admission  to pupils within the grade levels
served. Nothing herein shall prohibit a charter school from establishing
a kindergarten OR  PREKINDERGARTEN  program.  ANY  SUCH  PREKINDERGARTEN
PROGRAM  SHALL  BE GOVERNED BY THE PROVISIONS OF THIS ARTICLE, INCLUDING
PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, BUT  SHALL  BE  EXEMPT
FROM  ALL  OTHER  STATE  AND  LOCAL LAWS, RULES, REGULATIONS OR POLICIES
GOVERNING PUBLIC OR PRIVATE SCHOOLS,  BOARDS  OF  EDUCATION  AND  SCHOOL
DISTRICTS, EXCEPT AS SPECIFICALLY PROVIDED IN THE SCHOOL'S CHARTER OR IN
THIS ARTICLE.
  S  28.  Section  2856  of the education law is amended by adding a new
subdivision 4-a to read as follows:
  4-A. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR A PREK-
INDERGARTEN PROGRAM OPERATED BY A CHARTER SCHOOL, THE SCHOOL DISTRICT OF
RESIDENCE SHALL PAY DIRECTLY TO THE  CHARTER  SCHOOL  FOR  EACH  STUDENT
ENROLLED  IN THE CHARTER SCHOOL'S PREKINDERGARTEN PROGRAM WHO RESIDES IN
THE SCHOOL DISTRICT AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE  TOTAL
EXPENDITURES  BY  THE  SCHOOL  DISTRICT  RESIDENCE, AS CALCULATED BY THE
COMMISSIONER, FOR EACH STUDENT ENROLLED IN A FULL-DAY UNIVERSAL  PREKIN-
DERGARTEN PROGRAM OF THE SCHOOL DISTRICT OF RESIDENCE.
  S  29.  Section  2851  of the education law is amended by adding a new
subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE  CONTRARY,  IN  A  CITY
HAVING A POPULATION OF ONE MILLION OR MORE INHABITANTS, A CHARTER SCHOOL
APPROVED  PURSUANT TO PARAGRAPH (A) OF SUBDIVISION THREE OF THIS SECTION
MAY APPLY AT ANY TIME TO ANOTHER CHARTER ENTITY DEFINED IN PARAGRAPH (B)
OR (C) OF SUBDIVISION THREE OF THIS SECTION TO REQUEST SUCH OTHER  CHAR-
TER ENTITY TO OVERSEE AND SUPERVISE SUCH CHARTER SCHOOL. ALL OBLIGATIONS
OF THE CHANCELLOR TO OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMI-
NATE  UPON  SUCH  CHARTER  SCHOOL  ENTERING INTO A CHARTER AGREEMENT, AS
DEFINED IN SUBDIVISION FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF
THIS ARTICLE, WITH ANOTHER CHARTER  ENTITY,  AND  THE  CHANCELLOR  SHALL
PROVIDE  IN  A  TIMELY  FASHION  INFORMATION  RELEVANT TO THE CHARTER AS
REQUESTED BY SUCH OTHER CHARTER ENTITY.
  S 30. Paragraph (e) of subdivision 2-a of section 2590-h of the educa-
tion law, as added by chapter 345 of the laws of  2009,  is  amended  to
read as follows:
  (e) Except as otherwise provided in paragraph (f) of this subdivision,
all  proposed  school closings or significant changes in school utiliza-
tion shall be approved by the city board pursuant to section twenty-five
hundred ninety-g of this article and shall not take effect until all the

S. 6356--C                         34

provisions of this subdivision have been satisfied and the  school  year
in  which such city board approval was granted, has ended.  ANY APPROVAL
PRIOR TO JANUARY FIRST, TWO THOUSAND FOURTEEN, PURSUANT TO PARAGRAPH (H)
OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTI-
CLE,  OF  A  SIGNIFICANT  CHANGE  IN  SCHOOL UTILIZATION RELATING TO THE
CO-LOCATION OF A SCHOOL AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF THIS
CHAPTER OR TO ALLOCATE SUCH SCHOOL SPACE IN A DISTRICT  SCHOOL  BUILDING
MADE PRIOR TO THE IMPLEMENTATION OF THE REQUIREMENTS OF PARAGRAPH (H) OF
SUBDIVISION  ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTICLE
SHALL NOT BE ALTERED, REVISED, AMENDED, REVOKED,  OVERTURNED,  OR  WITH-
DRAWN  NOR  SHALL  ANY  SUCH DECISION OR APPROVAL FAIL TO BE IMPLEMENTED
WITHOUT THE CONSENT OF THE SCHOOL APPROVED FOR CO-LOCATION IN  A  PUBLIC
SCHOOL  BUILDING  UNLESS SUCH SCHOOL IS NO LONGER AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER. THIS PROVISION SHALL HAVE RETROACTIVE
EFFECT.
  S 31. Section 3602 of the education law is amended  by  adding  a  new
subdivision 6-g to read as follows:
  6-G. BUILDING AID FOR SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX
OF  THIS CHAPTER. A. SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF
THIS CHAPTER SHALL BE ELIGIBLE FOR BUILDING AID TO THE  SAME  EXTENT  AS
SCHOOL  DISTRICTS  IN A PROCESS PRESCRIBED BY THE COMMISSIONER, WITH AID
TO BEGIN NO LATER THAN THE TWO THOUSAND FOURTEEN--TWO  THOUSAND  FIFTEEN
SCHOOL  YEAR,  PROVIDED,  THAT  (1)  AID APPORTIONMENTS FOR SUCH SCHOOLS
SHALL BE CALCULATED BASED ON THE ACTUAL AMORTIZATION AND ACTUAL INTEREST
RATE, (2) THE BUILDING AID RATIO USED SHALL BE THE RATIO FOR THE  SCHOOL
DISTRICT IN WHICH THE SCHOOL IS LOCATED, AND THE CHARTER SCHOOL SHALL BE
RESPONSIBLE  FOR  PAYMENT  OF  THE  LOCAL  SHARE OF ANY AIDABLE BUILDING
EXPENSES, AND (3) AID ON EXPENDITURES FOR LEASE PAYMENTS SHALL BE APPOR-
TIONED ONLY IF THE LEASE HAS BEEN APPROVED  BY  THE  SCHOOL'S  BOARD  OF
TRUSTEES, THE AUTHORIZING ENTITY, AND THE COMMISSIONER.
  B. THE COMMISSIONER SHALL BE AUTHORIZED TO GRANT SPECIFIC WAIVERS FROM
BUILDING  AID  PROGRAM  REQUIREMENTS  TO  SCHOOLS AUTHORIZED PURSUANT TO
ARTICLE FIFTY-SIX OF THIS CHAPTER UPON A SHOWING  THAT  COMPLIANCE  WITH
SUCH  REQUIREMENTS  WOULD CREATE AN UNDUE ECONOMIC HARDSHIP OR THAT SOME
OTHER GOOD CAUSE EXISTS THAT MAKES COMPLIANCE EXTREMELY IMPRACTICAL.
  C. SCHOOL DISTRICTS THAT COLLECT PAYMENTS  FROM  A  SCHOOL  AUTHORIZED
PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER UNDER A LEASE OR ANY OTHER
ARRANGEMENT  FOR  THE  USE  OF  DISTRICT-OWNED FACILITIES SHALL HAVE ITS
BUILDING AID APPORTIONMENT REDUCED BY AN AMOUNT EQUAL  TO  THE  SCHOOL'S
PAYMENTS  TO THE DISTRICT PROVIDED, HOWEVER, NOTHING IN THIS SUBDIVISION
SHALL BE CONSTRUED TO AUTHORIZE A REDUCTION IN BUILDING AID ATTRIBUTABLE
TO BUILDING PROJECTS SUBJECT TO THE PROVISIONS OF  SUBDIVISION  FOUR  OF
SECTION  TWENTY-SEVEN  HUNDRED  NINETY-NINE-TT OF THE PUBLIC AUTHORITIES
LAW.
  D. IN THE EVENT THAT A SCHOOL IS  NO  LONGER  AUTHORIZED  PURSUANT  TO
ARTICLE  FIFTY-SIX  OF  THIS  CHAPTER  BUILDING AID PAYMENTS SHALL CEASE
IMMEDIATELY.
  S 32. 1. Notwithstanding any other provision of law to  the  contrary,
where  the  education department denies or has denied transportation aid
for a school district transportation contract or has recovered  overpay-
ments  of  such  aid  relating  thereto, the actions or omissions of all
officers, employees or agents of an eligible school district relating to
or in connection with transportation contracts for  the  2002-03  school
year  through  the  2013-14  school  year and for contracts and contract
extensions entered into prior to  the  2002-03  school  year  for  which
expenses  were  incurred  in  the 2002-03 school year or thereafter, all

S. 6356--C                         35

acts incidental thereto are hereby legalized,  validated,  ratified  and
confirmed,  notwithstanding  any  failure  to  comply  with  the  filing
provisions of the education law, the general municipal law or any  other
law,  rule  or  regulation other than those filing provisions defined in
paragraph a of subdivision 5 of section 3604 of the  education  law,  in
relation  to  any omission, error, defect, irregularity or illegality in
such proceeding had and taken.
  2. The  education  department  is  hereby  directed  to  consider  the
contracts  legalized,  ratified,  validated  and  confirmed  pursuant to
subdivision one of this section for transportation aid as  a  valid  and
proper  obligation  of  the school district for aid payable for expenses
incurred in the 2004-05 school year and thereafter; provided  that  such
school  district  submits  to  the  education  department the applicable
contract number or numbers, school year and upon request, a copy of  the
contract, on or before December 31, 2014 and the contract is approved by
the  commissioner of education, and provided further that any amount due
and payable for school years prior to  the  2014-15  school  year  as  a
result of this act shall be paid pursuant to the provisions of paragraph
c of subdivision 5 of section 3604 of the education law.
  3.  Notwithstanding  any  other  provision of law to the contrary, any
pending payment of moneys due  to  a  school  district  for  a  contract
approved  for  transportation  aid  pursuant  to subdivision two of this
section, as a prior year adjustment payable pursuant to paragraph  c  of
subdivision  5  of section 3604 of the education law for aid claims that
had been previously paid in excess as current year aid payments and  for
which  recovery  of  excess payments is to be made pursuant to this act,
shall be reduced by any remaining unrecovered  balance  of  such  excess
payments, and the remaining scheduled deductions of such excess payments
pursuant  to  this act shall be reduced by the commissioner of education
to reflect the amount so recovered.
  S 33. This act shall take effect immediately; provided, however, that:
  1. Section one of this act shall be deemed to have been in full  force
and effect on and after April 1, 2001;
  2. Sections one-a and two of this act shall take effect July 1, 2014;
  3.  Section  three  of  this  act shall be deemed to have been in full
force and effect on and after April 1, 2012;
  4.  The amendments to subparagraph 10 of paragraph h of subdivision  4
of  section 1950 of the education law made by section twenty of this act
shall not affect the repeal of such subparagraph  and  shall  be  deemed
repealed therewith;
  5.    The amendments to subdivision 1 of section 2856 of the education
law made by section twenty-three of this act shall  be  subject  to  the
expiration  and  reversion of such subdivision pursuant to subdivision d
of section 27 of chapter 378 of the laws of 2007, as amended, when  upon
such  date  the provisions of section twenty-four of this act shall take
effect; and
  6.  The amendments to paragraph (e)  of  subdivision  2-a  of  section
2590-h of the education law made by section thirty of this act shall not
affect the repeal of such subdivision and shall be deemed repealed ther-
ewith.

                                PART A-2

  Section  1.  Legislative  intent.  The  legislature  hereby  finds and
declares that given the current  fiscal  climate  in  this  state,  many

S. 6356--C                         36

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

S. 6356--C                         37

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

S. 6356--C                         38

  (II) WHETHER THE SCHOOL  WOULD  BE  GOVERNED  BY  A  PROPOSED  HOSTING
DISTRICT OR A JOINT BOARD OF EDUCATION;
  (III)  A  LISTING OF THE GRADES THAT WOULD BE INCLUDED IN THE REGIONAL
SECONDARY SCHOOL;
  (IV) THE PROPOSED LOCATION OF THE REGIONAL SECONDARY SCHOOL;
  (V) THE PROPOSED TERM OF THE CONTRACT GOVERNING THE REGIONAL SECONDARY
SCHOOL.
  C. THE RESOLUTION TO  ESTABLISH THE REGIONAL SECONDARY SCHOOL SHALL BE
VOTED ON BY EACH BOARD AT A MEETING HELD NO LATER THAN OCTOBER FIRST  OF
THE SCHOOL YEAR PRIOR TO THE SCHOOL YEAR IN WHICH THE REGIONAL SECONDARY
SCHOOL IS PROPOSED TO COMMENCE OPERATION.
  9.  A.  IF  TWO  OR  MORE  SCHOOL DISTRICTS ADOPT SUCH A RESOLUTION AS
PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION, THE RESOLUTION  SHALL  BE
PRESENTED  IN  A REGIONAL REFERENDUM BY MEANS OF A REGIONAL VOTE, BEFORE
THE ELECTORS OF ALL OF THE PROPOSED PARTICIPATING DISTRICTS.
  B. APPROVAL OF THE REGIONAL REFERENDUM SHALL BE UPON A  MAJORITY  VOTE
OF  THE  PARTICIPATING  ELECTORS  IN  THE REGION ENCOMPASSING ALL OF THE
PROPOSED PARTICIPATION DISTRICTS.
  C. IN THE EVENT THE VOTERS DO NOT APPROVE THE REGIONAL REFERENDUM,  IT
MAY  BE PRESENTED FOR A RE-VOTE, BUT IN NO EVENT ANY MORE THAN TWO VOTES
BE HELD IN ANY SCHOOL YEAR.
  10. UPON THE APPROVAL  OF  THE  VOTERS  IN  THE  REGIONAL  REFERENDUM,
PRESENTED  PURSUANT TO SUBDIVISION NINE OF THIS SECTION, THE PARTICIPAT-
ING SCHOOL DISTRICTS SHALL COLLECTIVELY ENTER INTO A  PROPOSED  CONTRACT
FOR THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL.
  11.  WITH THE CONSENT OF EACH OF THE PARTICIPATING BOARDS OF EDUCATION
AND APPROVAL OF THE COMMISSIONER, ADDITIONAL SCHOOL DISTRICTS, OTHERWISE
ELIGIBLE TO ESTABLISH  THE  REGIONAL  SECONDARY  SCHOOL,  MAY  JOIN  THE
REGIONAL  SECONDARY  SCHOOL IN THE SECOND OR A SUBSEQUENT YEAR OF OPERA-
TION, BY ADOPTING A BOARD RESOLUTION AND OBTAINING VOTER APPROVAL UPON A
MAJORITY VOTE OF THE ELECTORS OF SUCH ADDITIONAL DISTRICT.
  12. A. UPON RECEIPT OF VOTER APPROVAL IN THE REGIONAL REFERENDUM  HELD
PURSUANT  TO  SUBDIVISION NINE OF THIS SECTION, THE PARTICIPATING SCHOOL
DISTRICTS SHALL ADOPT, BY A MAJORITY VOTE OF THE BOARDS OF EDUCATION  OF
EACH  PARTICIPATING  SCHOOL DISTRICT, A PROPOSED CONTRACT FOR THE OPERA-
TION OF THE  REGIONAL SECONDARY SCHOOL.
  B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE  REGIONAL  SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY  SCHOOL  AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C.  THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL  SECONDARY
SCHOOL SHALL BE AN INTER-MUNICIPAL SHARING AGREEMENT PURSUANT TO ARTICLE
FIVE-G  OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
  13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL  SECONDARY
SCHOOL,  AND  THE  REGIONAL  SECONDARY  SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
  A. THE PROPOSED CONTRACT  SHALL  PROVIDE  THE  NAME  OF  THE  REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL.
  B.  THE  TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS.
  C. THE PROPOSED CONTRACT SHALL ESTABLISH  A  GOVERNING  BOARD  OF  THE
REGIONAL  SECONDARY  SCHOOL,  THAT  WILL  OPERATE THE REGIONAL SECONDARY
SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS, AS FOLLOWS:
  (I) THE GOVERNING BOARD OF THE  REGIONAL  SECONDARY  SCHOOL  SHALL  BE
DESIGNATED  BY THE PROPOSED CONTRACT TO BE EITHER THE BOARD OF EDUCATION

S. 6356--C                         39

OF THE HOSTING DISTRICT, OR A JOINT BOARD OF  EDUCATION  ESTABLISHED  BY
THE PARTICIPATING DISTRICTS.
  (II)  IN  THE  EVENT THE PROPOSED CONTRACT DESIGNATES A JOINT BOARD OF
EDUCATION AS THE GOVERNING BOARD OF THE REGIONAL SECONDARY SCHOOL:
  (1) SUCH JOINT BOARD SHALL CONSIST OF AT LEAST FIVE MEMBERS, WITH  NOT
LESS THAN ONE MEMBER APPOINTED BY THE BOARD OF EDUCATION OF EACH PARTIC-
IPATING  SCHOOL  DISTRICT,  AND WITH ANY REMAINING MEMBERS BEING JOINTLY
APPOINTED BY  THE  BOARDS  OF  EDUCATION  OF  THE  PARTICIPATING  SCHOOL
DISTRICTS COLLECTIVELY;
  (2)  THE  PROPOSED  CONTRACT,  CONSISTENT  WITH THE PROVISIONS OF THIS
SECTION, SHALL SPECIFY THE NUMBER, TERM, AND PROCEDURES FOR  APPOINTMENT
OF THE JOINT BOARD MEMBERS; AND
  (3) THE JOINT BOARD SHALL HAVE THE SAME POWERS AND DUTIES WITH RESPECT
TO THE REGIONAL SECONDARY SCHOOL AS A BOARD OF EDUCATION OF A UNION FREE
SCHOOL  DISTRICT  HAS  WITH  RESPECT  TO ITS SCHOOLS UNDER THIS CHAPTER,
EXCEPT AS MODIFIED BY THE TERMS OF THE PROPOSED CONTRACT.
  (III) THE GOVERNING BOARD SHALL HAVE RESPONSIBILITY FOR THE OPERATION,
SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY SCHOOL  AND  SHALL
BE  RESPONSIBLE  FOR  THE  ADMINISTRATION  OF  THE SCHOOL, INCLUDING THE
CURRICULUM, GRADING, STAFFING AND  THE  ISSUANCE  OF  DIPLOMAS  FOR  ALL
STUDENTS  THAT  ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL BE DESIG-
NATED IN THE PROPOSED CONTRACT.
  (IV) THE REGIONAL SECONDARY SCHOOL SHALL BE DEEMED  A  SCHOOL  OF  THE
GOVERNING BOARD FOR ACCOUNTABILITY PURPOSES.
  D.  THE  PROPOSED  CONTRACT  MAY  PROVIDE  THAT  THE  STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE  THE  STUDENT'S  DIPLOMA,  UPON  CERTIF-
ICATION  BY  THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET.
  E. THE PROPOSED CONTRACT SHALL DESIGNATE  THE  GRADES  OF  INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL.
  F.  THE  PROPOSED  CONTRACT  SHALL  DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES  OF  ONE  OF  THE
PARTICIPATING  DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE.
  G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROPOSED  CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING  FOR  TRANSPORTATION  TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE  WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
  H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT  TRANSPORTATION  MAY
BE  PROVIDED  BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR  MORE  PARTICIPATING  DISTRICTS  OR  A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  I. THE PROPOSED CONTRACT SHALL SPECIFY:
  (I)  THAT  THE  STUDENTS  OF  EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF  THEIR  RESPECTIVE  PARTICIPATING  SCHOOL
DISTRICTS;
  (II)  THAT  THE  STUDENTS  SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL  DISTRICTS  FOR  PURPOSES  OF  ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;
  (III)  THE  CURRENT  ENROLLMENT OF ALL PARTICIPATING SCHOOL DISTRICTS;
AND
  (IV) THE PROJECTED TOTAL ENROLLMENT NUMBERS OF THE REGIONAL  SECONDARY
SCHOOL.

S. 6356--C                         40

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

S. 6356--C                         41

  L.  THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE DESIGNATED GOVERNING
BOARD AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE LOCAL SHARE  OF
CAPITAL  EXPENSES  ATTRIBUTABLE TO THE REGIONAL SECONDARY SCHOOL WILL BE
ALLOCATED AMONGST THE PARTICIPATING DISTRICTS.
  M.    THE  PROPOSED  CONTRACT  SHALL SPECIFY THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING,  CURRENT  AND  FUTURE  CAPITAL  CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS.
  N.  THE  PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING  THE  REGIONAL  SECONDARY  SCHOOL,  INCLUDING  THE
APPLICABLE  CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE  OF  THIS  CHAPTER  AND
PROCEDURES  FOR  SUPERINTENDENTS'  HEARINGS  AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAP-
TER.
  O.  THE  PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR  EACH  PARTICIPATING  SCHOOL
DISTRICT.
  P. THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRA-CURRICULAR ACTIVITIES
AND  INTERSCHOLASTIC  ATHLETICS  WILL  BE  PROVIDED  TO  STUDENTS OF THE
REGIONAL SECONDARY SCHOOL.
  Q. THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF  THE
REGIONAL  SECONDARY  SCHOOL  INCLUDING  EXPECTED  STATE AID AND EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES.
  R. THE PROPOSED CONTRACT SHALL SPECIFY WHETHER THE  EMPLOYEES  OF  THE
REGIONAL  SECONDARY  SCHOOL  SHALL ESTABLISH NEW EMPLOYEE ORGANIZATIONS,
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR  REPRE-
SENTATION,  OR,  WHERE  APPLICABLE, WHETHER THEY SHALL BECOME MEMBERS OF
THE APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF  THE
HOSTING DISTRICT.
  S.  THE  PROPOSED  CONTRACT  SHALL  SET FORTH ANY OTHER INFORMATION OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  14. IF THE COMMISSIONER APPROVES THE PROPOSED CONTRACT,  THE  REGIONAL
SECONDARY  SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED, SHALL
BE FOR A PERIOD OF AT LEAST FIVE AND NOT MORE THAN  SEVEN  SCHOOL  YEARS
AND,  UPON  THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED PURSUANT TO
MUTUAL AGREEMENT BY MEANS OF A MAJORITY VOTE OF EACH OF  THE  BOARDS  OF
EDUCATION  OF THE PARTICIPATING DISTRICTS. THE REGIONAL SECONDARY SCHOOL
SHALL COMMENCE OPERATIONS ON THE FIRST OF  JULY,  AND  SHALL  NOT  CEASE
OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
  S  1922.  ESTABLISHMENT  OF  A REGIONAL SECONDARY SCHOOL OPERATED BY A
BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES.  1.  A  REGIONAL  SECONDARY
SCHOOL MAY BE ESTABLISHED PURSUANT TO THIS SECTION.
  2.  A  REGIONAL  SECONDARY  SCHOOL  MAY  BE ESTABLISHED BY TWO OR MORE
ELIGIBLE SCHOOL DISTRICTS.
  3. THE ESTABLISHMENT OF A REGIONAL SECONDARY SCHOOL SHALL  BE  SUBJECT
TO  THE APPROVAL OF THE COMMISSIONER, IN A MANNER AND TIME FRAME, AS SET
FORTH WITHIN THIS SECTION.
  4. A REGIONAL SECONDARY SCHOOL SHALL BE WHOLLY  CONTAINED  WITHIN  THE
SUPERVISORY  DISTRICT  OF  THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES
OPERATING THE REGIONAL SECONDARY SCHOOL.
  5. A REGIONAL SECONDARY SCHOOL SHALL SERVE ALL OR SOME OF THE STUDENTS
IN EACH OF THE PARTICIPATING DISTRICTS IN GRADES OF A  SECONDARY  SCHOOL
AS DETERMINED BY THE AGREEMENT BETWEEN THE PARTICIPATING DISTRICTS.

S. 6356--C                         42

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

S. 6356--C                         43

  B. THE PROPOSED CONTRACT FOR THE OPERATION OF THE  REGIONAL  SECONDARY
SCHOOL SHALL INCLUDE THE PLAN OF FORMATION AND OPERATION OF THE REGIONAL
SECONDARY  SCHOOL  AND SHALL BE SUBMITTED TO THE COMMISSIONER FOR HIS OR
HER APPROVAL, IN A TIME AND MANNER PRESCRIBED BY THE COMMISSIONER.
  C.  THE  PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL SECONDARY
SCHOOL SHALL BE AN INTERMUNICIPAL SHARING AGREEMENT PURSUANT TO  ARTICLE
FIVE-G  OF THE GENERAL MUNICIPAL LAW THAT COMPLIES WITH THE REQUIREMENTS
OF THIS SECTION.
  13. THE PROPOSED CONTRACT FOR THE OPERATION OF THE REGIONAL  SECONDARY
SCHOOL,  AND  THE  REGIONAL  SECONDARY  SCHOOL THAT WOULD BE ESTABLISHED
THEREUNDER, SHALL MEET THE FOLLOWING REQUIREMENTS:
  A. THE PROPOSED CONTRACT  SHALL  PROVIDE  THE  NAME  OF  THE  REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE SUBJECT TO THE COMMISSIONER'S APPROVAL;
  B.  THE  TERM OF THE PROPOSED CONTRACT SHALL BE SPECIFIED THEREIN, AND
SHALL BE FOR A TERM NOT LESS THAN FIVE NOR MORE THAN SEVEN SCHOOL YEARS;
  C. THE PROPOSED CONTRACT SHALL ESTABLISH:
  (I) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE  GOVERN-
ING  BOARD  OF  THE REGIONAL SECONDARY SCHOOL, WILL OPERATE THE REGIONAL
SECONDARY SCHOOL ON BEHALF OF ALL PARTICIPATING DISTRICTS;
  (II) THAT THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS THE GOVERN-
ING BOARD OF THE REGIONAL SECONDARY SCHOOL,  SHALL  HAVE  RESPONSIBILITY
FOR THE OPERATION, SUPERVISION AND MAINTENANCE OF THE REGIONAL SECONDARY
SCHOOL  AND  SHALL  BE RESPONSIBLE FOR THE ADMINISTRATION OF THE SCHOOL,
INCLUDING THE CURRICULUM, GRADING, STAFFING AND THE ISSUANCE OF DIPLOMAS
FOR ALL STUDENTS THAT ATTEND THE REGIONAL SECONDARY SCHOOL, AS SHALL  BE
DESIGNATED IN THE PROPOSED CONTRACT; AND
  (III)  THAT  THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES AS THE
GOVERNING BOARD OF THE REGIONAL  SECONDARY  SCHOOL  SHALL  BE  DEEMED  A
SCHOOL DISTRICT FOR ACCOUNTABILITY PURPOSES;
  D.  THE  PROPOSED  CONTRACT  MAY  PROVIDE  THAT  THE  STUDENT'S SCHOOL
DISTRICT OF RESIDENCE MAY ISSUE  THE  STUDENT'S  DIPLOMA,  UPON  CERTIF-
ICATION  BY  THE GOVERNING BOARD THAT ALL GRADUATION REQUIREMENTS OF THE
REGIONAL SECONDARY SCHOOL HAVE BEEN MET;
  E. THE PROPOSED CONTRACT SHALL DESIGNATE  THE  GRADES  OF  INSTRUCTION
INTENDED TO BE SERVED BY THE REGIONAL SECONDARY SCHOOL;
  F.  THE  PROPOSED  CONTRACT  SHALL  DESIGNATE THE SITE OF THE REGIONAL
SECONDARY SCHOOL, WHICH SHALL BE WITHIN THE BOUNDARIES  OF  ONE  OF  THE
PARTICIPATING  DISTRICTS, AND WHERE POSSIBLE, SHOULD USE EXISTING BUILD-
INGS AND/OR INFRASTRUCTURE;
  G. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
PROPOSED  CONTRACT SHALL PROVIDE THAT EACH PARTICIPATING SCHOOL DISTRICT
SHALL BE RESPONSIBLE FOR PROVIDING OR ARRANGING  FOR  TRANSPORTATION  TO
ITS RESIDENT STUDENTS ATTENDING THE REGIONAL SECONDARY SCHOOL IN ACCORD-
ANCE  WITH ITS SCHOOL DISTRICT POLICY, BUT WITHOUT REGARD TO ANY MAXIMUM
MILEAGE LIMITATION.
  H. THE PROPOSED CONTRACT MAY PROVIDE THAT STUDENT  TRANSPORTATION  MAY
BE  PROVIDED  BY CONTRACT FOR TRANSPORTATION SERVICES, INCLUDING BUT NOT
LIMITED TO A CONTRACT WITH ONE OR  MORE  PARTICIPATING  DISTRICTS  OR  A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES;
  I. THE PROPOSED CONTRACT SHALL SPECIFY:
  (I)  THAT  THE  STUDENTS  OF  EACH PARTICIPATING SCHOOL DISTRICT SHALL
REMAIN ENROLLED AS STUDENTS OF  THEIR  RESPECTIVE  PARTICIPATING  SCHOOL
DISTRICTS;
  (II)  THAT  THE  STUDENTS  SHALL BE TREATED AND COUNTED AS STUDENTS OF
THEIR RESPECTIVE PARTICIPATING SCHOOL  DISTRICTS  FOR  PURPOSES  OF  ALL
STATE AID CALCULATIONS PURSUANT TO THIS CHAPTER;

S. 6356--C                         44

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

S. 6356--C                         45

THE REGIONAL SECONDARY SCHOOL, SHALL IMMEDIATELY BECOME EMPLOYEES OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES  DESIGNATED  IN  THE  PROPOSED
CONTRACT, AND SHALL HAVE EMPLOYMENT RIGHTS IDENTICAL TO TEACHERS, TEACH-
ING  ASSISTANTS OR TEACHER AIDES PROVIDED IN THIS SECTION AND THE EXIST-
ING RELEVANT SECTIONS OF THIS CHAPTER.
  L. THE PROPOSED CONTRACT SHALL SPECIFY THE PROCESS FOR DEVELOPMENT  OF
THE BUDGET FOR THE REGIONAL SECONDARY SCHOOL BY THE BOARD OF COOPERATIVE
EDUCATIONAL  SERVICES AND HOW OPERATING AND ADMINISTRATIVE COSTS AND THE
LOCAL SHARE OF CAPITAL EXPENSES ATTRIBUTABLE TO THE  REGIONAL  SECONDARY
SCHOOL WILL BE ALLOCATED AMONGST THE PARTICIPATING DISTRICTS;
  M.  THE  PROPOSED  CONTRACT  SHALL  SPECIFY  THE COSTS OF THE REGIONAL
SECONDARY SCHOOL, STAFFING,  CURRENT  AND  FUTURE  CAPITAL  CONSTRUCTION
PLANS AND FOR THE DELIVERY OF SPECIAL EDUCATION PROGRAMS;
  N.  THE  PROPOSED CONTRACT SHALL SPECIFY THE PROCEDURES FOR DISCIPLINE
OF STUDENTS ATTENDING  THE  REGIONAL  SECONDARY  SCHOOL,  INCLUDING  THE
APPLICABLE  CODE OF CONDUCT PROVIDED THAT SUCH CODE OF CONDUCT MEETS THE
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE  OF  THIS  CHAPTER  AND
PROCEDURES  FOR  SUPERINTENDENTS'  HEARINGS  AND APPEALS TO THE BOARD OF
EDUCATION PURSUANT TO SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS  CHAP-
TER;
  O.  THE  PROPOSED CONTRACT SHALL SPECIFY THE COSTS OF THE OPERATION OF
THE REGIONAL SECONDARY SCHOOL FOR EACH PARTICIPATING SCHOOL DISTRICT AND
AN ITEMIZED LISTING OF THE COST SAVINGS FOR  EACH  PARTICIPATING  SCHOOL
DISTRICT;
  P.  THE PROPOSED CONTRACT SHALL SPECIFY HOW EXTRACURRICULAR ACTIVITIES
AND INTERSCHOLASTIC ATHLETICS  WILL  BE  PROVIDED  TO  STUDENTS  OF  THE
REGIONAL SECONDARY SCHOOL;
  Q.  THE PROPOSED CONTRACT SHALL SPECIFY THE FISCAL IMPLICATIONS OF THE
REGIONAL SECONDARY SCHOOL INCLUDING  EXPECTED  STATE  AID  AND  EXPECTED
CHANGES IN EXPENDITURES AND PROPERTY TAX LEVIES;
  R.  THE  PROPOSED  CONTRACT SHALL SPECIFY WHETHER THE EMPLOYEES OF THE
REGIONAL SECONDARY SCHOOL SHALL ESTABLISH  NEW  EMPLOYEE  ORGANIZATIONS,
PURSUANT  TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, FOR THEIR REPRE-
SENTATION, OR, WHERE APPLICABLE, WHETHER THEY SHALL  BECOME  MEMBERS  OF
THE  APPLICABLE EMPLOYEE ORGANIZATIONS REPRESENTING THE EMPLOYEES OF THE
HOSTING DISTRICT; AND
  S. THE PROPOSED CONTRACT SHALL SET  FORTH  ANY  OTHER  INFORMATION  OR
ANALYSIS AS MAY BE REQUIRED BY THE REGULATIONS OF THE COMMISSIONER.
  14.  IF  THE COMMISSIONER APPROVES THE PROPOSED CONTRACT, THE REGIONAL
SECONDARY SCHOOL SHALL BE ESTABLISHED. THE CONTRACT, SO APPROVED,  SHALL
BE  FOR  A  PERIOD OF AT LEAST FIVE AND NOT MORE THAN SEVEN SCHOOL YEARS
AND, UPON THE APPROVAL OF THE COMMISSIONER, MAY BE RENEWED  PURSUANT  TO
MUTUAL  AGREEMENT  BY  MEANS OF A MAJORITY VOTE OF EACH OF THE BOARDS OF
EDUCATION OF THE PARTICIPATING DISTRICTS AND THE SUPERVISORY DISTRICT OF
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.  THE  REGIONAL  SECONDARY
SCHOOL  SHALL  COMMENCE  OPERATIONS  ON THE FIRST OF JULY, AND SHALL NOT
CEASE OPERATIONS BEFORE THE THIRTIETH OF JUNE IN ANY SCHOOL YEAR.
  S 1923. STATE AID FOR REGIONAL SECONDARY SCHOOLS. 1. STUDENTS  ATTEND-
ING A REGIONAL SECONDARY SCHOOL SHALL BE DEEMED ENROLLED IN THEIR SCHOOL
DISTRICT  OF  RESIDENCE  AND SHALL BE INCLUDED IN THE APPLICABLE MEMBER-
SHIP, ENROLLMENT  AND  ATTENDANCE  COUNTS  OF  THEIR  RESPECTIVE  SCHOOL
DISTRICTS  OF RESIDENCE FOR PURPOSES OF COMPUTATION OF STATE AID TO SUCH
SCHOOL DISTRICTS. THE COSTS OF EDUCATING  EACH  SUCH  STUDENT  SHALL  BE
INCLUDED  IN  THE  APPROVED  OPERATING  EXPENSE  OF THE STUDENT'S SCHOOL
DISTRICT OF RESIDENCE AND EXCEPT AS OTHERWISE PROVIDED IN THIS  SECTION,
THE STATE AID ATTRIBUTABLE TO SUCH STUDENT SHALL BE COMPUTED IN THE SAME

S. 6356--C                         46

MANNER AS AID ATTRIBUTABLE TO OTHER RESIDENT STUDENTS AND SHALL BE PAYA-
BLE TO THE SCHOOL DISTRICT OF RESIDENCE.
  2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, THE
SCHOOL DISTRICT THAT OWNS  THE  FACILITY  USED  TO  HOUSE  THE  REGIONAL
SECONDARY SCHOOL SHALL BE THE ONLY SCHOOL DISTRICT ELIGIBLE FOR BUILDING
AID  PURSUANT  TO  THE  APPLICABLE PROVISIONS OF SUBDIVISION SIX, SIX-A,
SIX-C, SIX-E OR SIX-F OF SECTION THIRTY-SIX HUNDRED TWO OF THIS  CHAPTER
FOR  PROJECTS  INVOLVING THE REGIONAL SECONDARY SCHOOL THAT ARE APPROVED
BY THE QUALIFIED VOTERS OF SUCH  DISTRICT  AFTER  ESTABLISHMENT  OF  THE
REGIONAL  SECONDARY  SCHOOL,  PROVIDED  THAT  SUCH AID SHALL BE COMPUTED
USING THE BUILDING AID  RATIO  APPLICABLE  TO  PROJECTS  OF  THE  SCHOOL
DISTRICT  THAT  OWNS  THE  REGIONAL  SECONDARY SCHOOL FACILITY UNDER THE
PROVISIONS  OF  PARAGRAPHS  B  AND  C  OF  SUBDIVISION  SIX  OF  SECTION
THIRTY-SIX  HUNDRED  TWO OF THIS CHAPTER. SUCH AID SHALL BE PAID TO SUCH
SCHOOL DISTRICT OR TO THE BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  ON
BEHALF  OF  SUCH  SCHOOL  DISTRICT WHERE THE BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES OPERATES  THE  REGIONAL  SECONDARY  SCHOOL.  THE  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL ALLOCATE THE
LOCAL  SHARE  OF  THE COSTS OF SUCH PROJECTS TO THE PARTICIPATING SCHOOL
DISTRICTS IN ACCORDANCE WITH  ITS  CONTRACT  ENTERED  INTO  PURSUANT  TO
SECTION  NINETEEN  HUNDRED  TWENTY-ONE OR NINETEEN HUNDRED TWENTY-TWO OF
THIS ARTICLE. THE COSTS OF SUCH PROJECTS SHALL NOT BE ELIGIBLE  FOR  AID
PURSUANT  TO SUBDIVISION SIX-B OR PARAGRAPH C OF SUBDIVISION FOURTEEN OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  3. NOTWITHSTANDING ANY PROVISION OF SECTION NINETEEN HUNDRED FIFTY  OR
NINETEEN HUNDRED FIFTY-ONE OF THIS TITLE TO THE CONTRARY, IN THE CASE OF
A  REGIONAL  SECONDARY  SCHOOL OPERATED BY A BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES THAT IS HOUSED IN A FACILITY OWNED  BY  A  PARTICIPATING
SCHOOL  DISTRICT,  THE  CAPITAL EXPENSES FOR BUILDING PROJECTS INVOLVING
THE REGIONAL SECONDARY SCHOOL SHALL BE A CHARGE UPON  THE  PARTICIPATING
SCHOOL  DISTRICTS  ONLY,  AND SUCH COSTS SHALL NOT BE ALLOCATED TO OTHER
COMPONENT SCHOOL DISTRICTS. SUCH CAPITAL EXPENSES SHALL NOT BE  ELIGIBLE
FOR  AID  PURSUANT TO SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY
OF THIS TITLE. PROVIDED, HOWEVER, THAT COSTS OF AIDABLE SHARED  SERVICES
PROVIDED  BY THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO SUPPLEMENT
THE PROGRAMS OF THE REGIONAL SECONDARY SCHOOL SHALL BE ELIGIBLE FOR  AID
PURSUANT TO SUCH SUBDIVISION FIVE OF SECTION NINETEEN HUNDRED FIFTY, THE
ADMINISTRATIVE  EXPENSES  ATTRIBUTABLE  TO THE REGIONAL SECONDARY SCHOOL
AND THE CAPITAL EXPENSES ATTRIBUTABLE TO  A  REGIONAL  SECONDARY  SCHOOL
HOUSED  IN  A  FACILITY  OWNED  BY  THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL BE ALLOCATED TO COMPONENT SCHOOL DISTRICTS IN  ACCORDANCE
WITH  SECTION  NINETEEN  HUNDRED  FIFTY OR NINETEEN HUNDRED FIFTY-ONE OF
THIS TITLE AND SHALL BE ELIGIBLE FOR AID PURSUANT  TO  SUCH  SUBDIVISION
FIVE OF SECTION NINETEEN HUNDRED FIFTY.
  4.  THE  BOARD OF EDUCATION OF EACH SCHOOL DISTRICT PARTICIPATING IN A
REGIONAL SECONDARY SCHOOL PURSUANT TO THIS ARTICLE SHALL BE ELIGIBLE FOR
ADDITIONAL STATE AID IN ACCORDANCE WITH PARAGRAPH K OF SUBDIVISION FOUR-
TEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER.
  S 1924. REGIONAL SECONDARY SCHOOL ADVISORY COMMITTEE. 1. EACH REGIONAL
SECONDARY SCHOOL ESTABLISHED AND OPERATED PURSUANT TO THIS ARTICLE SHALL
ESTABLISH  AN  ADVISORY  COMMITTEE.  THE  ADVISORY  COMMITTEE  SHALL  BE
COMPOSED  OF THE PRESIDENT OF THE BOARD OF EDUCATION OF EACH PARTICIPAT-
ING SCHOOL DISTRICT, THE PRESIDENT OF THE BOARD  OF  EDUCATION  OF  EACH
SUPERVISORY BOARD OF COOPERATIVE EDUCATIONAL SERVICES, WHERE APPLICABLE,
AND  THE  SUPERINTENDENT  OF  EACH PARTICIPATING SCHOOL DISTRICT AND THE
SUPERINTENDENT OF THE SUPERVISORY DISTRICT IN WHICH THE REGIONAL SECOND-

S. 6356--C                         47

ARY SCHOOL IS LOCATED. THE SUPERINTENDENT OF  THE  SUPERVISORY  DISTRICT
SHALL BE THE CHAIR OF THE ADVISORY COMMITTEE.
  2. THE ADVISORY COMMITTEE SHALL CONVENE, AT THE CALL OF THE CHAIR, NOT
LESS  THAN  FOUR TIMES DURING EACH SCHOOL YEAR DURING WHICH THE REGIONAL
SECONDARY SCHOOL OPERATES. DURING SUCH MEETINGS, THE ADVISORY  COMMITTEE
SHALL  REVIEW  THE  OPERATION  OF THE REGIONAL SECONDARY SCHOOL AND MAKE
RECOMMENDATIONS TO THE HOSTING DISTRICT  OR  THE  SUPERVISORY  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES, AS THE CASE MAY BE, ON THE CONTINUED
OPERATION OF SUCH SECONDARY SCHOOL.
  S 3. Subdivision 4 of section 1950 of the education law is amended  by
adding a new paragraph oo to read as follows:
  OO.  PURSUANT TO ARTICLE THIRTY-NINE-A OF THIS TITLE, A BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES MAY ENTER INTO AN  AGREEMENT  WITH  TWO  OR
MORE  SCHOOL  DISTRICTS  ELIGIBLE  TO  ENTER  INTO  SUCH AN AGREEMENT IN
ACCORDANCE WITH SECTION NINETEEN HUNDRED TWENTY-TWO OF THIS TITLE, WHICH
MAY INCLUDE CITY SCHOOL DISTRICTS,  CENTRAL  SCHOOL  DISTRICTS,  CENTRAL
HIGH SCHOOL DISTRICTS, UNION FREE SCHOOL DISTRICTS, AND/OR COMMON SCHOOL
DISTRICTS  WHICH ARE WHOLLY CONTAINED WITHIN THE SUPERVISORY DISTRICT OF
THE BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES,  TO  FORM  A  REGIONAL
SECONDARY  SCHOOL TO BE OPERATED BY THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES. THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  HAVE  THE
SAME POWERS AND DUTIES WITH RESPECT TO SUCH REGIONAL SECONDARY SCHOOL AS
THE  BOARD OF EDUCATION OF A UNION FREE SCHOOL DISTRICT HAS WITH RESPECT
TO ITS SCHOOLS, CONSISTENT WITH THE TERMS  OF  ITS  AGREEMENT  WITH  THE
PARTICIPATING SCHOOL DISTRICTS.
  S 4. Paragraph h of subdivision 4 of section 1950 of the education law
is  amended  by  adding three new subparagraphs 12, 13 and 14 to read as
follows:
  (12) TO ENTER INTO CONTRACTS AS NECESSARY OR CONVENIENT TO  OPERATE  A
REGIONAL  SECONDARY  SCHOOL AS ESTABLISHED PURSUANT TO THE PROVISIONS OF
SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE.
  (13) TO DEVELOP CORE CURRICULUM  FOR  STUDENTS  ATTENDING  A  REGIONAL
SECONDARY SCHOOL ESTABLISHED PURSUANT TO THE PROVISIONS OF SECTION NINE-
TEEN HUNDRED TWENTY-TWO OF THIS TITLE.
  (14)  TO  ISSUE REGENTS AND OTHER HIGH SCHOOL DIPLOMAS TO STUDENTS WHO
GRADUATE FROM A REGIONAL SECONDARY SCHOOL ESTABLISHED  PURSUANT  TO  THE
PROVISIONS  OF  SECTION NINETEEN HUNDRED TWENTY-ONE OF THIS TITLE, UNDER
THE SAME CONDITIONS AS A SCHOOL DISTRICT.
  S 5. Paragraph b of subdivision 4 of section 1950 of the education law
is amended by adding a new subparagraph 8 to read as follows:
  (8) FOR REGIONAL SECONDARY SCHOOLS  ESTABLISHED  PURSUANT  TO  SECTION
NINETEEN  HUNDRED  TWENTY-TWO  OF  THIS  TITLE, THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL PREPARE AND PROPOSE  A  TENTATIVE  BUDGET  OF
EXPENDITURES  FOR  PROGRAM,  ADMINISTRATIVE AND CAPITAL COSTS TO OPERATE
THE REGIONAL SECONDARY SCHOOL IN THE ENSUING SCHOOL YEAR. SUCH  PROPOSED
BUDGET SHALL BE PROVIDED TO THE BOARD OF EDUCATION OF EACH PARTICIPATING
SCHOOL  DISTRICT  OF THE REGIONAL SECONDARY SCHOOL, BY THE DATE PROVIDED
IN THE AGREEMENT ENTERED INTO PURSUANT TO SUCH SECTION NINETEEN  HUNDRED
TWENTY-TWO. THE BOARD OF EDUCATION OF EACH PARTICIPATING SCHOOL DISTRICT
SHALL  BE  AFFORDED AN OPPORTUNITY TO REVIEW AND COMMENT ON THE PROPOSED
BUDGET PRIOR TO ITS FINAL ADOPTION BY THE BOARD  OF  COOPERATIVE  EDUCA-
TIONAL SERVICES.
  S 6. Subdivision 14 of section 3602 of the education law is amended by
adding a new paragraph k to read as follows:
  K.  TRANSITION  INCENTIVE  AID  FOR  REGIONAL  SECONDARY  SCHOOLS. (1)
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A THROUGH G OF THIS  SUBDI-

S. 6356--C                         48

VISION,  FOR  AID  PAYABLE  IN  THE  TWO  THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEAR OR THEREAFTER, SCHOOL DISTRICTS THAT ARE PARTIES  TO
AN AGREEMENT TO ESTABLISH AND OPERATE A REGIONAL SECONDARY SCHOOL PURSU-
ANT  TO  ARTICLE  THIRTY-NINE-A OF THIS CHAPTER ENTERED INTO ON OR AFTER
JULY FIRST, TWO THOUSAND FOURTEEN  AND  PARTICIPATED  IN  SUCH  REGIONAL
SECONDARY  SCHOOL  IN  THE  BASE  YEAR  SHALL BE ELIGIBLE FOR TRANSITION
INCENTIVE AID PURSUANT TO THIS PARAGRAPH  PROVIDED  THAT  THE  FOLLOWING
CONDITIONS ARE MET:
  (I)  THE  REGIONAL  SECONDARY  SCHOOL  AGREEMENT INCLUDES AT LEAST TWO
SCHOOL DISTRICTS, EACH OF WHICH PREVIOUSLY MAINTAINED ITS OWN  SECONDARY
SCHOOLS,  AND  HAS CEASED DISTRICT OPERATION OF AT LEAST ONE HIGH SCHOOL
OR JUNIOR HIGH  SCHOOL  FOLLOWING  THE  ESTABLISHMENT  OF  THE  REGIONAL
SECONDARY SCHOOL, OR
  (II)  THE  REGIONAL  SECONDARY  SCHOOL AGREEMENT INCLUDES AT LEAST ONE
SCHOOL DISTRICT WHICH PREVIOUSLY  MAINTAINED  ITS  OWN  HIGH  SCHOOL  OR
JUNIOR  HIGH SCHOOL, AND DOES NOT MAINTAIN ITS OWN HIGH SCHOOL OR JUNIOR
HIGH SCHOOL  FOLLOWING  THE  ESTABLISHMENT  OF  THE  REGIONAL  SECONDARY
SCHOOL, AND IN ADDITION THERETO, INCLUDES AT LEAST ONE ADDITIONAL SCHOOL
DISTRICT EMPLOYING EIGHT OR MORE TEACHERS THAT DO NOT MAINTAIN THEIR OWN
HIGH SCHOOL OR JUNIOR HIGH SCHOOL;
  (2)  IN EACH OF THE FIRST THIRTEEN YEARS IN WHICH A SCHOOL DISTRICT IS
PARTY TO SUCH AGREEMENT, SUCH DISTRICT SHALL BE ENTITLED  TO  AN  APPOR-
TIONMENT EQUAL TO THE PRODUCT OF (I) THIRTY PERCENT OF THE APPORTIONMENT
COMPUTED  IN  ACCORDANCE  WITH  THE  PROVISIONS OF PARAGRAPH D-1 OF THIS
SUBDIVISION, MULTIPLIED BY (II) THE QUOTIENT OF  THE  NUMBER  OF  PUPILS
WITHIN  SUCH  SCHOOL DISTRICT ATTENDING THE REGIONAL SECONDARY SCHOOL IN
THE BASE YEAR DIVIDED BY THE RESIDENT PUBLIC SCHOOL DISTRICT  ENROLLMENT
OF  SUCH SCHOOL DISTRICT WITHIN THE GRADES OF THE NEW REGIONAL SECONDARY
SCHOOL OR SCHOOLS; PROVIDED FURTHER THAT SUCH DISTRICTS SHALL BE  ELIGI-
BLE  TO  RECEIVE AN ADDITIONAL APPORTIONMENT EQUAL TO THE PRODUCT OF (I)
TEN PERCENT  OF  THE  APPORTIONMENT  COMPUTED  IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  PARAGRAPH D-1 OF THIS SUBDIVISION MULTIPLIED BY (II) THE
QUOTIENT OF THE NUMBER OF PUPILS WITHIN SUCH SCHOOL  DISTRICT  ATTENDING
THE  REGIONAL  SECONDARY SCHOOL IN THE BASE YEAR DIVIDED BY THE RESIDENT
PUBLIC SCHOOL DISTRICT ENROLLMENT OF SUCH  SCHOOL  DISTRICT  WITHIN  THE
GRADES  OF  THE  NEW  REGIONAL  SECONDARY SCHOOL OR SCHOOLS UPON MEETING
ACADEMIC ACHIEVEMENT GOALS AS ESTABLISHED BY THE COMMISSIONER IN ACCORD-
ANCE WITH A METHODOLOGY PRESCRIBED IN THE REGULATIONS OF THE COMMISSION-
ER. IN NO CASE SHALL THE SUM OF SUCH APPORTIONMENTS UNDER THIS PARAGRAPH
PLUS THE SELECTED OPERATING AID PER PUPIL BE MORE THAN A TOTAL OF  NINE-
TY-FIVE PER CENTUM OF THE YEAR PRIOR TO THE BASE YEAR APPROVED OPERATING
EXPENSE.  SCHOOL  DISTRICTS  WHICH  RECEIVE  AN APPORTIONMENT UNDER THIS
PARAGRAPH SHALL NOT BE ELIGIBLE FOR AN APPORTIONMENT UNDER PARAGRAPH  C,
F OR J OF THIS SUBDIVISION.
  (3)  THE  APPORTIONMENT  THAT  A  SCHOOL DISTRICT SHALL BE ENTITLED TO
RECEIVE PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH SHALL BE REDUCED,
AFTER THE THIRD YEAR IT HAS RECEIVED SUCH APPORTIONMENTS, BY THE  AMOUNT
OF TEN PERCENT FOR EACH YEAR SUCH SCHOOL DISTRICT IS ENTITLED TO RECEIVE
SUCH APPORTIONMENT.
  S  7.  This  act shall take effect July 1, 2014, provided that if this
act becomes a law after such date, it shall take effect immediately  and
be  deemed  to  have  been in full force and effect on and after July 1,
2014.

                                 PART B
                          Intentionally Omitted

S. 6356--C                         49

                                 PART C
                          Intentionally Omitted

                                 PART D

  Section  1.  Short  title. This act shall be known and may be cited as
the "nurse practitioners modernization act".
  S 2. Subdivision 3 of section 6902 of the education law, as  added  by
chapter 257 of the laws of 1988, is amended to read as follows:
  3.  (a) (I) The practice of registered professional nursing by a nurse
practitioner, certified under section six thousand nine hundred  ten  of
this  article,  may include the diagnosis of illness and physical condi-
tions and the performance of therapeutic and corrective measures  within
a specialty area of practice, in collaboration with a licensed physician
qualified  to  collaborate  in  the  specialty  involved,  provided such
services are performed in accordance with a written  practice  agreement
and  written  practice protocols EXCEPT AS PERMITTED BY PARAGRAPH (B) OF
THIS SUBDIVISION.  The written practice agreement shall include explicit
provisions for the resolution of any disagreement  between  the  collab-
orating physician and the nurse practitioner regarding a matter of diag-
nosis  or treatment that is within the scope of practice of both. To the
extent the practice agreement does not so provide, then the  collaborat-
ing physician's diagnosis or treatment shall prevail.
  [(b)]  (II) Prescriptions for drugs, devices and immunizing agents may
be issued by a nurse practitioner, under  this  [subdivision]  PARAGRAPH
and section six thousand nine hundred ten of this article, in accordance
with  the  practice agreement and practice protocols EXCEPT AS PERMITTED
BY PARAGRAPH (B) OF THIS SUBDIVISION.    The  nurse  practitioner  shall
obtain  a certificate from the department upon successfully completing a
program including an appropriate pharmacology component, or  its  equiv-
alent,  as  established  by  the  commissioner's  regulations,  prior to
prescribing under this [subdivision] PARAGRAPH.  The certificate  issued
under  section six thousand nine hundred ten of this article shall state
whether the nurse practitioner has successfully completed such a program
or equivalent and is authorized to prescribe  under  this  [subdivision]
PARAGRAPH.
  [(c)]  (III) Each practice agreement shall provide for patient records
review by the collaborating physician in a  timely  fashion  but  in  no
event less often than every three months. The names of the nurse practi-
tioner  and  the  collaborating physician shall be clearly posted in the
practice setting of the nurse practitioner.
  [(d)] (IV)  The  practice  protocol  shall  reflect  current  accepted
medical  and  nursing  practice.   The protocols shall be filed with the
department within ninety days of the commencement of  the  practice  and
may  be  updated  periodically.  The commissioner shall make regulations
establishing the procedure for the review of protocols and the  disposi-
tion of any issues arising from such review.
  [(e)]  (V) No physician shall enter into practice agreements with more
than four nurse practitioners who are not located on the  same  physical
premises as the collaborating physician.
  [(f)]  (B)  NOTWITHSTANDING  SUBPARAGRAPH (I) OF PARAGRAPH (A) OF THIS
SUBDIVISION, A NURSE PRACTITIONER, CERTIFIED  UNDER  SECTION  SIXTY-NINE
HUNDRED  TEN  OF THIS ARTICLE AND PRACTICING FOR MORE THAN FIVE YEARS IN
THE AREAS OF PRIMARY CARE,  PSYCHIATRIC  CARE  OR  WOMEN'S  HEALTH,  MAY
COMPLY WITH THIS PARAGRAPH IN LIEU OF COMPLYING WITH THE REQUIREMENTS OF

S. 6356--C                         50

PARAGRAPH  (A)  OF  THIS  SUBDIVISION  RELATING  TO COLLABORATION WITH A
PHYSICIAN, A WRITTEN PRACTICE AGREEMENT AND WRITTEN PRACTICE  PROTOCOLS.
A NURSE PRACTITIONER COMPLYING WITH THIS PARAGRAPH SHALL HAVE COLLABORA-
TIVE  RELATIONSHIPS  WITH  ONE  OR MORE LICENSED PHYSICIANS QUALIFIED TO
COLLABORATE IN THE SPECIALTY INVOLVED.
  (C) (I) THE NURSE PRACTITIONER SHALL MAINTAIN  DOCUMENTATION  OF  SUCH
COLLABORATIVE  RELATIONSHIPS IN A MANNER REQUIRED BY THE DEPARTMENT THAT
SHALL INCLUDE AN ATTESTATION THAT THE NURSE PRACTITIONER HAS A  COLLABO-
RATIVE RELATIONSHIP AS PURSUANT TO THIS SUBPARAGRAPH, THAT SUCH COLLABO-
RATOR PRACTICES WITHIN THE SAME SPECIALTY AREA AS SUCH NURSE PRACTITION-
ER,  AND  THAT  SUCH  NURSE PRACTITIONER HAS THE ABILITY TO REFER TO THE
COLLABORATOR AS NECESSARY.
  (II) EVIDENCE OF A COLLABORATIVE RELATIONSHIP  SHALL  INCLUDE  REGULAR
REFERRALS AND CONSULTATION BETWEEN THE NURSE PRACTITIONER AND THE COLLA-
BORATOR. SUCH COLLABORATOR SHALL PRACTICE WITHIN THE SAME SPECIALTY AREA
AS  THE NURSE PRACTITIONER AND SUCH CONSULTATION MAY INCLUDE A REVIEW OF
A REPRESENTATIVE SAMPLE OF PATIENT RECORDS IN THE MANNER  AND  FREQUENCY
DETERMINED BY THE NURSE PRACTITIONER AND COLLABORATOR. THE NURSE PRACTI-
TIONER  AND  COLLABORATOR  SHALL ALSO DETERMINE A PROCESS FOR THE RESOL-
UTION OF DISAGREEMENTS. IN THE EVENT THAT THE AGREED  TO  PROCESS  STILL
RESULTS  IN  DISAGREEMENT,  THE  PHYSICIAN'S MEDICAL JUDGMENT CONCERNING
APPROPRIATE CLINICAL INTERVENTION SHALL PREVAIL.
  (D) Nothing in this subdivision shall be deemed to limit  or  diminish
the  practice  of the profession of nursing as a registered professional
nurse under this article or any other law, rule, regulation  or  certif-
ication,  nor  to deny any registered professional nurse the right to do
any act or engage in any practice authorized  by  this  article  or  any
other law, rule, regulation or certification.
  [(g)]  (E)  The  provisions of this subdivision shall not apply to any
activity authorized, pursuant to statute,  rule  or  regulation,  to  be
performed by a registered professional nurse in a hospital as defined in
article twenty-eight of the public health law.
  (F) IN CONJUNCTION WITH AND AS A CONDITION OF EACH TRIENNIAL REGISTRA-
TION,  THE  DEPARTMENT  SHALL  COLLECT  AND  A  NURSE PRACTITIONER SHALL
PROVIDE SUCH INFORMATION AND DOCUMENTATION REQUIRED BY  THE  DEPARTMENT,
IN  CONSULTATION  WITH  THE DEPARTMENT OF HEALTH, AS NECESSARY TO ENABLE
THE DEPARTMENT OF HEALTH TO EVALUATE ACCESS TO NEEDED SERVICES  IN  THIS
STATE,  INCLUDING  BUT  NOT  LIMITED TO THE LOCATION AND TYPE OF SETTING
WHEREIN THE NURSE PRACTITIONER  PRACTICES;  IF  THE  NURSE  PRACTITIONER
PRACTICES  PURSUANT  TO  COLLABORATIVE RELATIONSHIPS WITH A PHYSICIAN OR
HOSPITAL; AND OTHER INFORMATION THE DEPARTMENT, IN CONSULTATION WITH THE
DEPARTMENT OF HEALTH, DEEMS RELEVANT.
  S 3. This act shall take effect on the first of January after it shall
have become a law; provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
and directed to be made and completed on or before such effective date.

                                 PART E
                          Intentionally Omitted

                                 PART F

                          Intentionally Omitted

S. 6356--C                         51

                                 PART G
                          Intentionally Omitted

                                 PART H

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

S. 6356--C                         52

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

  Section  1.  Paragraphs  (a),  (b),  (c)  and  (d) of subdivision 1 of
section 131-o of the social services law, as amended  by  section  1  of
part  E  of  chapter  57  of  the  laws  of 2013, are amended to read as
follows:
  (a) in the case of each individual receiving family  care,  an  amount
equal to at least [$137.00] $139.00 for each month beginning on or after
January first, two thousand [thirteen] FOURTEEN.
  (b)  in  the  case  of  each individual receiving residential care, an
amount equal to at least [$158.00] $160.00 for each month  beginning  on
or after January first, two thousand [thirteen] FOURTEEN.
  (c)  in  the  case  of  each individual receiving enhanced residential
care, an amount equal to at  least  [$187.00]  $190.00  for  each  month
beginning on or after January first, two thousand [thirteen] FOURTEEN.
  (d)  for  the period commencing January first, two thousand [fourteen]
FIFTEEN, the monthly personal needs allowance shall be an  amount  equal
to the sum of the amounts set forth in subparagraphs one and two of this
paragraph:

S. 6356--C                         53

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

                                 PART J

  Section 1.  Short title. This act shall be known and may be  cited  as
the "public assistance integrity act".

S. 6356--C                         54

  S  2.  The  social  services law is amended by adding two new sections
147-a and 147-b to read as follows:
  S  147-A.  PENALTIES  FOR THE PURCHASE OR SALE OF ALCOHOLIC BEVERAGES,
TOBACCO PRODUCTS OR LOTTERY TICKETS WITH PUBLIC ASSISTANCE BENEFITS.  1.
FOR  THE  PURPOSES  OF  THIS SECTION, "PUBLIC ASSISTANCE BENEFITS" MEANS
MONEY OR PROPERTY PROVIDED DIRECTLY OR INDIRECTLY  THROUGH  PROGRAMS  OF
THE  FEDERAL GOVERNMENT, THE STATE OR ANY POLITICAL SUBDIVISION THEREOF,
AND ADMINISTERED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE OR
SOCIAL SERVICES DISTRICTS.
  2. NO RECIPIENT OF PUBLIC ASSISTANCE BENEFITS SHALL  USE  ALL  OR  ANY
PORTION  OF  SUCH  BENEFITS  FOR THE PURCHASE OF ANY ALCOHOLIC BEVERAGE,
TOBACCO  PRODUCT  OR  LOTTERY  TICKET.  ANY  PERSON  WHO  VIOLATES   THE
PROVISIONS  OF  THIS  SUBDIVISION SHALL UPON THE FIRST SUCH VIOLATION BE
DISQUALIFIED FROM RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY  MEANS  OF
DIRECT  CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
PERIOD OF ONE MONTH, UPON A  FINDING  OF  A  SECOND  SUCH  VIOLATION  BE
DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF
DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR  A
PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC  BENE-
FITS TRANSFER ACCESS DEVICE.  SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.  NOTWITHSTANDING
ANY  PROVISION  OF  THIS  CHAPTER  OR  ANY OTHER LAW TO THE CONTRARY, NO
APPLICANT FOR PUBLIC ASSISTANCE BENEFITS SHALL BE APPROVED UNLESS HE  OR
SHE  ATTESTS  TO THE FACT THAT ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND
LOTTERY TICKETS ARE PRODUCTS WHICH ARE PROHIBITED FROM  BEING  PURCHASED
WITH  SUCH  BENEFITS PURSUANT TO THIS SECTION. SUCH ATTESTATION SHALL BE
IN A FORM PRESCRIBED BY THE COMMISSIONER  OF  TEMPORARY  AND  DISABILITY
ASSISTANCE.
  3.  NO PERSON ENGAGED IN RETAIL SALES, OR ANY AGENT OR EMPLOYEE THERE-
OF, SHALL SELL OR OFFER FOR SALE ANY ALCOHOLIC BEVERAGE, TOBACCO PRODUCT
OR LOTTERY TICKET TO ANY OTHER PERSON IN EXCHANGE FOR OR  FOR  CONSIDER-
ATION  OF  PUBLIC ASSISTANCE BENEFITS BY MEANS OF AN ELECTRONIC BENEFITS
TRANSFER ACCESS DEVICE. ANY PERSON WHO VIOLATES THE PROVISIONS  OF  THIS
SUBDIVISION  SHALL BE SUBJECT TO A CIVIL FINE OF ONE HUNDRED DOLLARS FOR
THE FIRST SUCH VIOLATION, A CIVIL FINE OF FIVE HUNDRED DOLLARS  FOR  THE
SECOND  SUCH  VIOLATION  WITHIN ANY FIVE YEAR PERIOD OF TIME, AND UPON A
FINDING OF A THIRD OR A SUBSEQUENT VIOLATION WITHIN ANY FIVE YEAR PERIOD
OF TIME THE LICENSE, PERMIT  OR  CERTIFICATION  ISSUED  TO  SUCH  PERSON
PURSUANT  TO  THE  ALCOHOLIC BEVERAGE CONTROL LAW, AND/OR ARTICLE TWENTY
AND/OR ARTICLE THIRTY-FOUR OF THE TAX LAW SHALL BE SUSPENDED.
  4. IN ANY PROCEEDING BROUGHT AGAINST THE OPERATOR OF A RETAIL BUSINESS
ENGAGED IN RETAIL SALES, PURSUANT TO SUBDIVISION THREE OF  THIS  SECTION
WHEN  THE UNLAWFUL SALE WAS MADE BY AN AGENT OR EMPLOYEE OF THE OPERATOR
OF SUCH BUSINESS, IT SHALL BE AN AFFIRMATIVE DEFENSE IN  FAVOR  OF  SUCH
OPERATOR THAT, AT THE TIME OF SUCH ALLEGED VIOLATION, THE BUSINESS OPER-
ATOR CAN AND DOES PRODUCE PROOF THAT THE AGENT OR EMPLOYEE WHO COMMITTED
SUCH  VIOLATION  COMPLETED  A  TRAINING  PROGRAM ESTABLISHED PURSUANT TO
SUBDIVISION FIVE OF THIS SECTION.
  5. A.  THE COMMISSIONER OF TEMPORARY AND DISABILITY  ASSISTANCE  SHALL
PROMULGATE RULES AND REGULATIONS THAT WOULD DEVELOP AND ESTABLISH CRITE-
RIA FOR TRAINING PROGRAMS ON THE PROHIBITION ON THE SALE AND PURCHASE OF
ALCOHOLIC  BEVERAGES,  TOBACCO  PRODUCTS AND LOTTERY TICKETS IN EXCHANGE
FOR PUBLIC ASSISTANCE BENEFITS. SUCH TRAINING MAY BE GIVEN AND  ADMINIS-
TERED  BY  SCHOOLS;  OTHER  ENTITIES  INCLUDING TRADE ASSOCIATIONS WHOSE

S. 6356--C                         55

MEMBERS ARE ENGAGED IN THE RETAIL SALE OF ALCOHOLIC  BEVERAGES,  TOBACCO
PRODUCTS  AND/OR  LOTTERY TICKETS; AND NATIONAL AND REGIONAL FRANCHISORS
WITH AT LEAST FIVE FRANCHISES IN THE STATE WHICH ENGAGE IN THE SALES  OF
ALCOHOLIC BEVERAGES, TOBACCO PRODUCTS AND/OR LOTTERY TICKETS. THE OFFICE
OF TEMPORARY AND DISABILITY ASSISTANCE SHALL PROVIDE FOR THE ISSUANCE OF
CERTIFICATES  OF  APPROVAL  TO  ALL  CERTIFIED  TRAINING PROGRAMS ON THE
PROHIBITION ON THE SALE AND PURCHASE  OF  ALCOHOLIC  BEVERAGES,  TOBACCO
PRODUCTS  AND/OR LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE BENE-
FITS. CERTIFICATES OF APPROVAL MAY BE REVOKED BY THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE FOR FAILURE TO ADHERE  TO  THE  COMMISSIONER'S
RULES AND REGULATIONS. SUCH RULES AND REGULATIONS SHALL AFFORD THOSE WHO
HAVE  BEEN ISSUED A CERTIFICATE OF APPROVAL AN OPPORTUNITY FOR A HEARING
PRIOR TO  ANY  DETERMINATION  OF  WHETHER  SUCH  CERTIFICATE  SHOULD  BE
REVOKED.   THE COMMISSIONER OF TEMPORARY AND DISABILITY ASSISTANCE SHALL
ADOPT RULES TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION,  INCLUDING
MINIMUM  REQUIREMENTS  FOR  THE CURRICULUM OF EACH SUCH TRAINING PROGRAM
AND THE REGULAR TRAINING OF AGENTS AND EMPLOYEES HOLDING CERTIFICATES OF
COMPLETION OR RENEWAL CERTIFICATES.
  B.  TO EFFECTUATE THE PROVISIONS OF THIS SUBDIVISION,  THE  OFFICE  OF
TEMPORARY   AND   DISABILITY  ASSISTANCE  IS  EMPOWERED  TO  REQUIRE  IN
CONNECTION WITH AN APPLICATION THE SUBMISSION  OF  SUCH  INFORMATION  AS
SUCH  OFFICE  MAY  DIRECT; TO PRESCRIBE FORMS OF APPLICATIONS AND OF ALL
REPORTS IT DEEMS NECESSARY TO BE MADE BY ANY  APPLICANT  OR  CERTIFICATE
HOLDER;  TO CONDUCT INVESTIGATIONS, TO REQUIRE MAINTENANCE OF SUCH BOOKS
AND RECORDS AS SUCH OFFICE MAY DIRECT; AND TO CANCEL, REVOKE OR  SUSPEND
FOR CAUSE ANY CERTIFICATE PROVIDED FOR IN THIS SUBDIVISION.
  C. EACH ENTITY AUTHORIZED TO GIVE AND ADMINISTER A TRAINING PROGRAM ON
THE PROHIBITION ON THE SALE AND PURCHASE OF ALCOHOLIC BEVERAGES, TOBACCO
PRODUCTS  AND LOTTERY TICKETS IN EXCHANGE FOR PUBLIC ASSISTANCE BENEFITS
SHALL ISSUE CERTIFICATES OF COMPLETION TO ALL PERSONS ENGAGED IN  RETAIL
SALES,  AND  THE  AGENTS AND EMPLOYEES THEREOF WHO SUCCESSFULLY COMPLETE
SUCH APPROVED TRAINING PROGRAM. SUCH ENTITY SHALL REGULARLY TRANSMIT  TO
THE  OFFICE  OF TEMPORARY AND DISABILITY ASSISTANCE THE NAMES, ADDRESSES
AND DATES OF ATTENDANCE OF ALL SUCH PERSONS, AGENTS  AND  EMPLOYEES  WHO
SUCCESSFULLY  COMPLETE  AN  APPROVED  TRAINING PROGRAM. SUCH TRANSMITTAL
SHALL BE IN A FORM AND MANNER PRESCRIBED BY SUCH OFFICE.  A  CERTIFICATE
OF  COMPLETION OR RENEWAL THEREOF ISSUED BY AN ENTITY AUTHORIZED TO GIVE
AND ADMINISTER A  TRAINING  PROGRAM  PURSUANT  TO  THIS  SUBDIVISION  TO
PERSONS  ENGAGED  IN  RETAIL SALES, AND THE AGENTS AND EMPLOYEES THEREOF
SHALL NOT BE INVALIDATED BY A CHANGE OF EMPLOYER.    ATTENDANCE  AT  ANY
COURSE  ESTABLISHED  PURSUANT  TO  THIS  SUBDIVISION SHALL BE IN PERSON,
THROUGH DISTANCE LEARNING METHODS OR THROUGH AN  INTERNET  BASED  ONLINE
PROGRAM.    EACH CERTIFICATE OF APPROVAL, RENEWAL AND COMPLETION THEREOF
SHALL BE ISSUED FOR A PERIOD OF THREE YEARS.
  S 147-B. PROHIBITION OF USE OF PUBLIC ASSISTANCE BENEFITS  IN  CERTAIN
FACILITIES. 1. FOR THE PURPOSES OF THIS SECTION:
  A. "ELECTRONIC BENEFIT TRANSFER TRANSACTION" MEANS THE USE OF A CREDIT
CARD  OR  DEBIT  CARD  SERVICE,  AUTOMATED TELLER MACHINE, POINT-OF-SALE
TERMINAL OR ACCESS TO AN ONLINE SYSTEM FOR THE WITHDRAWAL  OF  FUNDS  OR
THE PROCESSING OF A PAYMENT FOR MERCHANDISE OR A SERVICE.
  B. "CASINO" MEANS ANY CASINO, GAMING ESTABLISHMENT OR GAMBLING CASINO,
BUT SHALL NOT INCLUDE:
  (I)  ANY  RETAIL  STORE  WHICH  SELLS GROCERIES INCLUDING STAPLE FOODS
(WITHIN THE MEANING OF SECTION 3(R) OF THE FOOD  AND  NUTRITION  ACT  OF
2008 (7 U.S.C. 2012 (R)), AND WHICH ALSO OFFERS OR IS LOCATED WITHIN THE
SAME BUILDING OR COMPLEX AS CASINO, GAMBLING OR GAMING ACTIVITIES; OR

S. 6356--C                         56

  (II)  ANY  OTHER  ESTABLISHMENT THAT OFFERS CASINO, GAMBLING OR GAMING
ACTIVITIES INCIDENTAL TO THE PRINCIPAL PURPOSE OF THE BUSINESS  OF  SUCH
ESTABLISHMENT.
  C.  "LIQUOR STORE" MEANS ANY RETAIL ESTABLISHMENT WHICH EXCLUSIVELY OR
PRIMARILY SELLS ALCOHOLIC BEVERAGES. SUCH TERM  SHALL  NOT  INCLUDE  ANY
GROCERY  STORE  WHICH  SELLS  BOTH  ALCOHOLIC BEVERAGES AND STAPLE FOODS
(WITHIN THE MEANING OF SECTION 3(R) OF THE FOOD  AND  NUTRITION  ACT  OF
2008 (7 U.S.C. 2012 (R)).
  D.  "PUBLIC  ASSISTANCE  BENEFITS"  MEANS  MONEY  OR PROPERTY PROVIDED
DIRECTLY OR INDIRECTLY THROUGH PROGRAMS OF THE FEDERAL  GOVERNMENT,  THE
STATE  OR  ANY  POLITICAL  SUBDIVISION  THEREOF, AND ADMINISTERED BY THE
OFFICE  OF  TEMPORARY  AND  DISABILITY  ASSISTANCE  OR  SOCIAL  SERVICES
DISTRICTS.
  2.  NO  RECIPIENT  OF  PUBLIC ASSISTANCE BENEFITS SHALL BY MEANS OF AN
ELECTRONIC BENEFIT TRANSFER TRANSACTION WITHDRAW OR USE SUCH BENEFITS IN
ANY  LIQUOR  STORE,  CASINO  OR  RETAIL  ESTABLISHMENT  WHICH   PROVIDES
ADULT-ORIENTED  ENTERTAINMENT  IN WHICH PERFORMERS DISROBE OR PERFORM IN
AN UNCLOTHED STATE  FOR  ENTERTAINMENT.  ANY  PERSON  WHO  VIOLATES  THE
PROVISIONS  OF  THIS  SUBDIVISION SHALL UPON THE FIRST SUCH VIOLATION BE
DISQUALIFIED FROM RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY  MEANS  OF
DIRECT  CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR A
PERIOD OF ONE MONTH, UPON A FINDING OF A SECOND SUCH VIOLATION SHALL  BE
DISQUALIFIED  FROM  RECEIVING  PUBLIC  ASSISTANCE  BENEFITS  BY MEANS OF
DIRECT CASH PAYMENT OR ELECTRONIC BENEFITS TRANSFER ACCESS DEVICE FOR  A
PERIOD OF THREE MONTHS, AND UPON A FINDING OF A THIRD OR SUBSEQUENT SUCH
VIOLATION  SHALL  BE  PERMANENTLY  DISQUALIFIED  FROM  RECEIVING  PUBLIC
ASSISTANCE BENEFITS BY MEANS OF DIRECT CASH PAYMENT OR ELECTRONIC  BENE-
FITS TRANSFER ACCESS DEVICE.  SUCH PERSON SHALL HAVE THE RIGHT TO A FAIR
HEARING PURSUANT TO SECTION TWENTY-TWO OF THIS CHAPTER.
  3.  THE  OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE SHALL ESTABLISH
AND IMPLEMENT RULES AND REGULATIONS  PROHIBITING  RECIPIENTS  OF  PUBLIC
ASSISTANCE  BENEFITS, BY MEANS OF ANY ELECTRONIC BENEFIT TRANSFER TRANS-
ACTION, FROM WITHDRAWING OR USING ANY SUCH BENEFITS IN ANY LIQUOR STORE,
CASINO OR RETAIL  ESTABLISHMENT  WHICH  PROVIDES  ADULT-ORIENTED  ENTER-
TAINMENT  IN  WHICH  PERFORMERS DISROBE OR PERFORM IN AN UNCLOTHED STATE
FOR ENTERTAINMENT.
  S 3. The state finance law is amended by adding a new  section  85  to
read as follows:
  S 85. PUBLIC ASSISTANCE INTEGRITY FUND. 1. THERE IS HEREBY ESTABLISHED
IN  THE  JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF
TAXATION AND FINANCE A SPECIAL REVENUE FUND TO BE KNOWN AS  THE  "PUBLIC
ASSISTANCE INTEGRITY FUND".
  2.  THE  PUBLIC  ASSISTANCE  INTEGRITY  FUND  SHALL  CONSIST OF MONIES
RECEIVED BY THE STATE FROM FINES AND FEES IMPOSED PURSUANT  TO  SECTIONS
ONE  HUNDRED  FORTY-SEVEN-A  AND ONE HUNDRED FORTY-SEVEN-B OF THE SOCIAL
SERVICES LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED OR TRANSFERRED
THERETO FROM ANY OTHER FUND OR SOURCE.
  3. MONIES OF THE PUBLIC ASSISTANCE INTEGRITY FUND, FOLLOWING APPROPRI-
ATION THEREOF, SHALL BE SOLELY MADE AVAILABLE TO THE OFFICE OF TEMPORARY
AND DISABILITY ASSISTANCE FOR EXPENDITURE FOR THE COSTS OF  SUCH  OFFICE
ASSOCIATED  WITH  THE PREVENTION OF MISUSE OF PUBLIC ASSISTANCE BENEFITS
INCLUDING, BUT NOT LIMITED TO, ADMINISTRATION, OVERSIGHT,  TRAINING  AND
ENFORCEMENT RELATED ACTIVITIES.
  S 4. This act shall take effect immediately.

                                 PART K

S. 6356--C                         57

  Section  1.  Notwithstanding  any  other provision of law, the housing
trust fund corporation (the corporation) may provide,  for  purposes  of
the  rural rental assistance program, a sum not to exceed twenty million
four hundred thousand dollars for the fiscal year ending March 31, 2015.
Notwithstanding  any  other  provision  of  law,  and  provided that the
reserves in the project pool insurance account of the mortgage insurance
fund created pursuant to section 2429-b of the  public  authorities  law
are  sufficient  to attain and maintain the credit rating (as determined
by the agency) required to accomplish the purposes of such account,  the
board  of  directors  of  the  state  of  New York mortgage agency shall
authorize the transfer from the project pool insurance  account  of  the
mortgage  insurance  fund  to  the  housing  trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural  rental assistance program contracts authorized by this section, a
total sum not to exceed twenty million four hundred thousand dollars  as
soon as practicable but no later than June 30, 2014. Notwithstanding any
other provision of law, all current and existing rural rental assistance
program  contracts  may  be assigned to the corporation to administer as
soon as practicable. Notwithstanding any other provision  of  law,  such
funds  may  be used by the corporation in support of contracts scheduled
to expire in 2014-15 for as many as 10 additional years; in  support  of
contracts  for new eligible projects for a period not to exceed 5 years;
and in support of contracts which reach their 25 year maximum in  and/or
prior to 2014-15 for an additional one year period.
  S 2. Intentionally omitted.
  S  3.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
neighborhood  preservation  program,  a  sum not to exceed eight million
four hundred seventy-nine thousand dollars for the  fiscal  year  ending
March 31, 2015. Notwithstanding any other provision of law, and provided
that  the reserves in the project pool insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain  the  credit  rating  (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of
the  mortgage  insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
neighborhood  preservation program contracts authorized by this section,
a total sum not to exceed eight million four hundred seventy-nine  thou-
sand dollars as soon as practicable but no later than June 30, 2014.
  S  4.  Notwithstanding  any  other provision of law, the housing trust
fund corporation (the corporation) may  provide,  for  purposes  of  the
rural  preservation  program,  a  sum  not  to exceed three million five
hundred thirty-nine thousand dollars for the fiscal  year  ending  March
31, 2015.  Notwithstanding any other provision of law, and provided that
the  reserves  in  the  project  pool  insurance account of the mortgage
insurance fund created pursuant to section 2429-b of the public authori-
ties law are sufficient to attain and maintain  the  credit  rating  (as
determined  by  the  agency) required to accomplish the purposes of such
account, the board of directors of the state of New York mortgage agency
shall authorize the transfer from the project pool insurance account  of
the  mortgage  insurance fund to the housing trust fund corporation (the
corporation), for the purposes of reimbursing any costs associated  with
rural preservation program contracts authorized by this section, a total

S. 6356--C                         58

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

S. 6356--C                         59

to exceed one million seven hundred fifty thousand dollars  as  soon  as
practicable but no later than March 31, 2015.
  S 8. This act shall take effect immediately.

                                 PART L

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

                                SUBPART A

  Section 1. Subparagraph 8 of paragraph h of subdivision 4  of  section
1950 of the education law, as added by section 1 of part K of chapter 57
of the laws of 2012, is amended to read as follows:
  (8)  To  enter  into  contracts with the commissioner of the office of
children and family services pursuant to subdivision  six-a  of  section
thirty-two  hundred  two  of this chapter to provide to such office, for
the benefit of youth in its custody, any special education programs  AND
ANY OTHER PROGRAMS and related services provided by the board of cooper-
ative  educational  services  to  component  school  districts. Any such
proposed contract shall be subject to the review  and  approval  of  the
commissioner to determine that it is an approved cooperative educational
service.  Services provided pursuant to such contracts shall be provided
at cost, and the board of cooperative educational services shall not  be
authorized  to  charge  any costs incurred in providing such services to
its component school districts.
  S 2. Subdivision 6-a of section 3202 of the education law, as  amended
by  section 2 of part K of chapter 57 of the laws of 2012, is amended to
read as follows:
  6-a. Notwithstanding subdivision six of this section or any other  law
to  the  contrary, the commissioner of the office of children and family
services shall be responsible for the secular education of  youth  under
the  jurisdiction of the office and may contract for such education with
the trustees or board of education of  the  school  district  wherein  a
facility  for  the residential care of such youth is located or with the
board of cooperative educational  services  at  which  any  such  school
district  is  a  component  district [for special education programs and
related services]. A youth attending a  local  public  school  while  in
residence  at  such  facility  shall  be deemed a resident of the school
district where his parent or guardian resides  at  the  commencement  of
each  school  year  for the purpose of determining which school district
shall be responsible for the youth's tuition pursuant  to  section  five
hundred four of the executive law.
  S  3. This act shall take effect immediately; provided that the amend-
ments to subparagraph 8 of paragraph h of subdivision 4 of section  1950
of  the  education  law made by section one of this act shall not affect
the expiration and repeal of such subparagraph and shall expire  and  be

S. 6356--C                         60

deemed  repealed therewith pursuant to section 4 of part K of chapter 57
of the laws of 2012, and provided further, that the amendments to subdi-
vision 6-a of section 3202 of the education law made by section  two  of
this act shall be subject to the expiration and reversion of such subdi-
vision  pursuant  to  section  4  of part K of chapter 57 of the laws of
2012.

                                SUBPART B
                          Intentionally omitted

  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately, provided, however, that
the applicable effective date of Subparts A and B of this act  shall  be
as specifically set forth in the last section of such Subparts.

                                 PART M

  Section  1.  Section  131-a  of  the social services law is amended by
adding a new subdivision 14 to read as follows:
  14. (A) IN DETERMINING THE NEED FOR AID PROVIDED  PURSUANT  TO  PUBLIC
ASSISTANCE  PROGRAMS,  EACH PERSON LIVING WITH CERTAIN CHRONIC DISEASES,
INCLUDING, BUT NOT LIMITED TO, CLINICAL/SYMPTOMATIC HIV ILLNESS OR  AIDS
IN SOCIAL SERVICES DISTRICTS WITH A POPULATION OVER FIVE MILLION, WHO IS
RECEIVING PUBLIC ASSISTANCE AND EARNED AND/OR UNEARNED INCOME, SHALL NOT
BE REQUIRED TO PAY MORE THAN THIRTY PERCENT OF HIS OR HER MONTHLY EARNED
AND/OR  UNEARNED  INCOME  TOWARD THE COST OF RENT THAT SUCH PERSON HAS A
DIRECT OBLIGATION TO PAY; PROVIDED THAT THE PROVISIONS OF THIS  SUBDIVI-
SION SHALL NOT APPLY TO ROOM AND BOARD ARRANGEMENTS.
  (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, IN CONSULTATION WITH  THE
DEPARTMENT OF HEALTH, SHALL PROMULGATE REGULATIONS SPECIFYING QUALIFYING
CHRONIC  DISEASES  WHICH WILL INFORM ELIGIBILITY DETERMINATIONS PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately and shall  expire  and  be
deemed  repealed  December  31,  2019;  provided  that no funds shall be
expended pursuant to this act until a plan submitted by a  district  has
been  approved  by the office of temporary and disability assistance and
the director of the budget.

                                 PART N

  Section 1. Short title. This act shall be known and may  be  cited  as
"Erin Merryn's law".
  S  2.  Legislative  findings  and  intent.  The  legislature finds and
declares that child sexual abuse, estimated to affect up to one in  four
girls  and up to one in six boys, poses a grave threat to the health and
safety of young people, and its damaging effects can last a lifetime.

S. 6356--C                         61

  The legislature also finds and declares that  child  sexual  exploita-
tion, including the use of children in pornography and prostitution, and
child  abduction pose a similar threat to the health and safety of young
people, and put child victims at grave risk of death  or  severe  bodily
harm.
  The  legislature  also  finds and declares that the incidence of child
sexual abuse, child sexual  exploitation  and  child  abduction  can  be
reduced  by raising awareness among young children of common dangers and
warning signs, empowering children to  better  protect  themselves  from
sexual  predators,  and  teaching  children  how to obtain any necessary
assistance or services.
  It is hereby declared to be the public policy and in the public inter-
est of this state to establish a comprehensive  program  to  provide  an
age-appropriate  course of instruction in the prevention of child abduc-
tion, child sexual exploitation and child sexual abuse.
  S 3. Section 803-a of the education law, as added by  chapter  658  of
the laws of 1994, is amended to read as follows:
  S 803-a. Courses  of  study  in  prevention  of child abduction, CHILD
SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.   1. All  pupils  in  grades
[K-8]  KINDERGARTEN  THROUGH  EIGHT  in  all public schools in the state
shall receive instruction designed to prevent the  abduction,  EXPLOITA-
TION  OR SEXUAL ABUSE of children. Such instruction shall be provided by
or under the direct supervision of regular classroom teachers, provided,
however, that such instruction may be  provided  by  any  other  agency,
public or private.
  2.  The  commissioner, shall provide technical assistance to assist in
the development of curricula for such courses of study  which  shall  be
age  appropriate  and  developed according to the needs and abilities of
pupils at successive grade levels in order to provide awareness  skills,
information,  self-confidence  and  support  to aid in the prevention of
child abduction, CHILD SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.
  3. For purposes of developing such courses  of  study,  the  board  of
education or trustees of every school district may establish local advi-
sory  councils  or  utilize  the school-based shared decision making and
planning committee established pursuant to regulations  of  the  commis-
sioner to make recommendations concerning the content and implementation
of  such  courses. School districts may alternatively utilize courses of
instruction developed by consortia of school district, boards of cooper-
ative educational services, other school districts or any other  agency,
public  or  private. Such advisory councils shall consist of, but not be
limited to, parents, school  trustees  and  board  members,  appropriate
school  personnel,  business  and  community  representatives,  and  law
enforcement personnel having  experience  in  the  prevention  of  child
abduction, CHILD SEXUAL EXPLOITATION AND CHILD SEXUAL ABUSE.
  4.  The  board of education or trustees of every school district shall
provide appropriate training and curriculum materials  for  the  regular
teachers who provide such instruction.
  S  4.  This  act  shall  take  effect  on  the first of September next
succeeding the date on which it shall have become a law.

                                 PART O

  Section 1. The labor law is amended by adding a new section  196-e  to
read as follows:
  S 196-E. WORKWEEK HOURS IN THE HOSPITALITY INDUSTRY. NO EMPLOYER SHALL
BE  DEEMED  TO  HAVE  VIOLATED ANY STATUTE, RULE, REGULATION OR ORDER BY

S. 6356--C                         62

EMPLOYING ANY EMPLOYEE IN THE HOSPITALITY INDUSTRY  FOR  A  WORKWEEK  IN
EXCESS OF THE APPLICABLE WORKWEEK SPECIFIED THEREIN IF:
  (A) THE REGULAR RATE OF PAY OF SUCH EMPLOYEE IS IN EXCESS OF TWICE THE
STATUTORY MINIMUM HOURLY RATE APPLICABLE TO SUCH EMPLOYEE; AND
  (B)  MORE  THAN  HALF THE EMPLOYEE'S COMPENSATION FOR A REPRESENTATIVE
PERIOD, WHICH SHALL NOT BE LESS THAN ONE MONTH, REPRESENTS  COMPENSATION
FROM SERVICE CHARGES, MANDATORY GRATUITY ON GOODS OR SERVICES.
  S  2.  This act shall take effect immediately, provided, however, that
this act shall be deemed to have been in  full  force  and  effect  with
respect to any employee in the hospitality industry who received compen-
sation  consistent  with  section  196-e  of  the labor law, as added by
section one of this act, prior to the effective date of this act.

                                 PART P

  Section 1. Subdivision 5 of section 6305  of  the  education  law,  as
amended  by  chapter  681  of  the  laws  of 1971, is amended to read as
follows:
  5. Amounts payable to such colleges  by  a  county  pursuant  to  this
section  shall be a general county charge[; provided, however, that with
respect to the amounts allocable to each community college a county  may
charge  back such amounts in whole or in part to the cities and towns in
the county in proportion to the number of students who, on the basis  of
certificates  of  residence  issued  by such county, were attending each
such college as non-residents of the local sponsors thereof  during  the
terms  for  which the county has been charged, and who were residents of
each such city or town at the beginning of such terms].
  S 2. Subdivisions 10 and 11 of section  6305  of  the  education  law,
subdivision  10 as added by chapter 170 of the laws of 1994 and subdivi-
sion 11 as amended by section 3 of part V of chapter 57 of the  laws  of
2013, are amended to read as follows:
  10.  On or before March thirty-first, nineteen hundred ninety-five and
every year thereafter, the state shall reimburse each county  which  has
issued  a  certificate  of  residence  for  any  non-resident student in
attendance at the fashion institute of technology  during  the  nineteen
hundred ninety-three--ninety-four academic year and every year thereaft-
er in an amount equal to fifty percent of the actual amount paid by such
county  on behalf of such students and on or before June first, nineteen
hundred ninety-five and every year thereafter, the state shall reimburse
each county for the remaining fifty percent of the actual amount paid by
each such county on behalf of such students.   NOTWITHSTANDING  SUBDIVI-
SION  FIVE  OF  THIS  SECTION,  AND SUBJECT TO THE AVAILABILITY OF STATE
APPROPRIATIONS FOR STATE FISCAL YEARS TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN AND THEREAFTER, GENERAL COUNTY CHARGES PAYABLE  TO  THE  FASHION
INSTITUTE  OF  TECHNOLOGY  FOR  NON-RESIDENT  STUDENTS ENROLLED IN UPPER
DIVISION CLASSES SHALL NOT BE CHARGED BACK TO ANY CITY  OR  TOWN  WITHIN
THE  COUNTY.  PROVIDED  FURTHER HOWEVER, THAT FOR THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN STATE FISCAL YEAR ONLY, A COUNTY  MAY  CHARGE
BACK  TOWNS  UP TO FIFTY PERCENT OF THE ACADEMIC YEAR COSTS ATTRIBUTABLE
TO NON-RESIDENT ENROLLMENT IN UPPER DIVISION CLASSES.
  11. The state university of New York and the city  university  of  New
York  shall,  pursuant  to  a  plan, develop a [uniform] methodology for
calculating chargeback rates to ensure equity between the local  sponsor
contribution  per student and the chargeback rate per student charged to
other counties, and the  implementation  of  such  methodology  will  be
phased  in  over five years beginning in the two thousand [fourteen--two

S. 6356--C                         63

thousand fifteen] FIFTEEN--TWO THOUSAND SIXTEEN academic year.  [The]  A
REPORT  ON  THE  plan  shall be submitted to the chair of the senate and
assembly higher education committees, the chairs of the  senate  finance
committee,  the  chair  of the assembly ways and means committee and the
director of the budget no later than [December first, two thousand thir-
teen] JUNE FIRST, TWO THOUSAND FOURTEEN.
  S 3. This act shall take effect immediately.

                                 PART Q

  Section 1. The state finance  law  is  amended  by  adding  three  new
sections 99-v, 99-w and 99-x to read as follows:
  S  99-V. STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL HOSPITAL OPERAT-
ING ACCOUNT. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF  THE
STATE  COMPTROLLER  AND  THE  COMMISSIONER  OF  TAXATION  AND FINANCE AN
ACCOUNT TO BE KNOWN AS THE "STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL
HOSPITAL OPERATING ACCOUNT."
  2. SUCH ACCOUNT SHALL CONSIST OF (A)  ANY  MONIES  RECEIVED  BY  STATE
UNIVERSITY  HEALTH  CARE FACILITIES FROM FEES, CHARGES AND REIMBURSEMENT
FROM ALL OTHER SOURCES, AND (B) ANY FUNDING FROM THE STATE GENERAL  FUND
PROVIDED  TO  THE STATE UNIVERSITY HEALTH CARE FACILITIES PURSUANT TO AN
ANNUAL TRANSFER SO DESIGNATED AS BEING ASSOCIATED WITH THE STATE UNIVER-
SITY HEALTH CARE FACILITY AT SYRACUSE.   NOTWITHSTANDING THE  PROVISIONS
OF ANY LAW, RULE OR REGULATION TO THE CONTRARY, A PORTION OF SUCH MONIES
CREDITED  MAY  BE TRANSFERRED TO A STATE UNIVERSITY ACCOUNT AS REQUESTED
BY THE STATE UNIVERSITY CHANCELLOR OR HIS OR  HER  DESIGNEE.  MONIES  TO
ESTABLISH  RESERVES  FOR  LONG-TERM  EXPENSES OF STATE UNIVERSITY HEALTH
CARE FACILITIES AND TO FULFILL OBLIGATIONS REQUIRED FOR ANY CONTRACT FOR
HEALTH CARE SERVICES  AUTHORIZED  PURSUANT  TO  SUBDIVISION  SIXTEEN  OF
SECTION  THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW MAY BE DESIGNATED
BY THE STATE UNIVERSITY HEALTH CARE FACILITY AT SYRACUSE  AS  A  RESERVE
AND  TRANSFERRED  TO A SEPARATE CONTRACTUAL RESERVE ACCOUNT. THE AMOUNTS
IN SUCH ACCOUNTS SHALL BE AVAILABLE FOR USE IN ACCORDANCE WITH PARAGRAPH
B OF SUBDIVISION FOUR AND SUBDIVISION EIGHT  OF  SECTION  THREE  HUNDRED
FIFTY-FIVE  OF THE EDUCATION LAW. MONIES SHALL ONLY BE EXPENDED FROM THE
STATE UNIVERSITY OF NEW YORK UPSTATE MEDICAL HOSPITAL OPERATING  ACCOUNT
AND  THE CONTRACTUAL RESERVE ACCOUNT PURSUANT TO APPROPRIATION. NOTWITH-
STANDING ANY OTHER PROVISION OF THIS CHAPTER, THE EDUCATION LAW  OR  ANY
OTHER LAW TO THE CONTRARY, SUCH APPROPRIATION SHALL REMAIN IN FULL FORCE
AND  EFFECT  FOR  TWO YEARS FROM THE EFFECTIVE DATE OF THE APPROPRIATION
ACT MAKING SUCH APPROPRIATION. MONIES SO TRANSFERRED MAY BE RETURNED  TO
THE  STATE  UNIVERSITY  OF  NEW  YORK UPSTATE MEDICAL HOSPITAL OPERATING
ACCOUNT; PROVIDED, HOWEVER,  THAT  FUNDS  IN  SUCH  CONTRACTUAL  RESERVE
ACCOUNT  MUST  BE  SUFFICIENT  TO  MEET  THE  OBLIGATIONS  OF  ALL  SUCH
CONTRACTS.
  3. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF  SUBDIVISION  FOUR
OF  SECTION  THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW, OR ANY OTHER
LAW, RULE OR REGULATION TO THE CONTRARY, AND EXCEPT AS OUTLINED IN  THIS
SECTION,  SUCH  FUNDS  CONTAINED WITHIN THE STATE UNIVERSITY OF NEW YORK
UPSTATE MEDICAL HOSPITAL OPERATING ACCOUNT SHALL BE FOR  THE  OPERATIONS
OF  THE  STATE UNIVERSITY HEALTH CARE FACILITY AT SYRACUSE ALONE AND MAY
NOT BE SUPPLEMENTED BY MONIES CONTAINED WITHIN ANY OTHER STATE UNIVERSI-
TY ACCOUNT.
  S 99-W. STATE UNIVERSITY OF NEW YORK DOWNSTATE MEDICAL HOSPITAL  OPER-
ATING  ACCOUNT.  1.  THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF
THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION  AND  FINANCE  AN

S. 6356--C                         64

ACCOUNT  TO  BE  KNOWN  AS  THE  "STATE UNIVERSITY OF NEW YORK DOWNSTATE
MEDICAL HOSPITAL OPERATING ACCOUNT."
  2.    SUCH  ACCOUNT  SHALL CONSIST OF (A) ANY MONIES RECEIVED BY STATE
UNIVERSITY HEALTH CARE FACILITIES FROM FEES, CHARGES  AND  REIMBURSEMENT
FROM  ALL OTHER SOURCES, AND (B) ANY FUNDING FROM THE STATE GENERAL FUND
PROVIDED TO THE STATE UNIVERSITY HEALTH CARE FACILITIES PURSUANT  TO  AN
ANNUAL TRANSFER SO DESIGNATED AS BEING ASSOCIATED WITH THE STATE UNIVER-
SITY HEALTH CARE FACILITY AT BROOKLYN.  NOTWITHSTANDING ANY LAW, RULE OR
REGULATION  TO  THE  CONTRARY,  A PORTION OF SUCH MONIES CREDITED MAY BE
TRANSFERRED TO A STATE UNIVERSITY ACCOUNT  AS  REQUESTED  BY  THE  STATE
UNIVERSITY  CHANCELLOR  OR  HIS  OR  HER  DESIGNEE.  MONIES TO ESTABLISH
RESERVES FOR LONG-TERM EXPENSES OF STATE UNIVERSITY HEALTH CARE  FACILI-
TIES  AND  TO  FULFILL  OBLIGATIONS REQUIRED FOR ANY CONTRACT FOR HEALTH
CARE SERVICES AUTHORIZED PURSUANT  TO  SUBDIVISION  SIXTEEN  OF  SECTION
THREE  HUNDRED  FIFTY-FIVE OF THE EDUCATION LAW MAY BE DESIGNATED BY THE
STATE UNIVERSITY HEALTH CARE FACILITY  AT  BROOKLYN  AS  A  RESERVE  AND
TRANSFERRED  TO  A  SEPARATE CONTRACTUAL RESERVE ACCOUNT. THE AMOUNTS IN
SUCH ACCOUNTS SHALL BE AVAILABLE FOR USE IN ACCORDANCE WITH PARAGRAPH  B
OF  SUBDIVISION  FOUR  AND  SUBDIVISION  EIGHT  OF SECTION THREE HUNDRED
FIFTY-FIVE OF THE EDUCATION LAW.  MONIES SHALL ONLY BE EXPENDED FROM THE
STATE UNIVERSITY  OF  NEW  YORK  DOWNSTATE  MEDICAL  HOSPITAL  OPERATING
ACCOUNT  AND  THE CONTRACTUAL RESERVE ACCOUNT PURSUANT TO APPROPRIATION.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, THE  EDUCATION  LAW
OR  ANY  OTHER  LAW  TO THE CONTRARY, SUCH APPROPRIATION SHALL REMAIN IN
FULL FORCE AND EFFECT FOR TWO YEARS  FROM  THE  EFFECTIVE  DATE  OF  THE
APPROPRIATION  ACT MAKING SUCH APPROPRIATION.  MONIES SO TRANSFERRED MAY
BE RETURNED TO THE STATE UNIVERSITY OF NEW YORK DOWNSTATE MEDICAL HOSPI-
TAL OPERATING ACCOUNT; PROVIDED, HOWEVER, THAT FUNDS IN SUCH CONTRACTUAL
RESERVE ACCOUNT MUST BE SUFFICIENT TO MEET THE OBLIGATIONS OF  ALL  SUCH
CONTRACTS.
  3.  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH C OF SUBDIVISION FOUR
OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW,  OR  ANY  LAW,
RULE  OR  REGULATION  TO  THE  CONTRARY,  AND EXCEPT AS OUTLINED IN THIS
SECTION, SUCH FUNDS CONTAINED WITHIN THE STATE UNIVERSITY  OF  NEW  YORK
DOWNSTATE MEDICAL HOSPITAL OPERATING ACCOUNT SHALL BE FOR THE OPERATIONS
OF  THE  STATE UNIVERSITY HEALTH CARE FACILITY AT BROOKLYN ALONE AND MAY
NOT BE SUPPLEMENTED BY MONIES CONTAINED WITHIN ANY OTHER STATE UNIVERSI-
TY ACCOUNT.
  S 99-X. STATE UNIVERSITY OF NEW  YORK  STONY  BROOK  MEDICAL  HOSPITAL
OPERATING  ACCOUNT.  1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY
OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE AN
ACCOUNT TO BE KNOWN AS THE "STATE UNIVERSITY OF  NEW  YORK  STONY  BROOK
MEDICAL HOSPITAL OPERATING ACCOUNT."
  2.    SUCH  ACCOUNT  SHALL CONSIST OF (A) ANY MONIES RECEIVED BY STATE
UNIVERSITY HEALTH CARE FACILITIES FROM FEES, CHARGES  AND  REIMBURSEMENT
FROM  ALL OTHER SOURCES, AND (B) ANY FUNDING FROM THE STATE GENERAL FUND
PROVIDED TO THE STATE UNIVERSITY HEALTH CARE FACILITIES PURSUANT  TO  AN
ANNUAL TRANSFER SO DESIGNATED AS BEING ASSOCIATED WITH THE STATE UNIVER-
SITY   HEALTH  CARE  FACILITY  AT  STONY  BROOK.    NOTWITHSTANDING  THE
PROVISIONS OF ANY LAW, RULE OR REGULATION TO THE CONTRARY, A PORTION  OF
SUCH MONIES CREDITED MAY BE TRANSFERRED TO A STATE UNIVERSITY ACCOUNT AS
REQUESTED  BY  THE  STATE  UNIVERSITY CHANCELLOR OR HIS OR HER DESIGNEE.
MONIES TO ESTABLISH RESERVES FOR LONG-TERM EXPENSES OF STATE  UNIVERSITY
HEALTH  CARE  FACILITIES  AND  TO  FULFILL  OBLIGATIONS REQUIRED FOR ANY
CONTRACT FOR HEALTH CARE SERVICES  AUTHORIZED  PURSUANT  TO  SUBDIVISION
SIXTEEN  OF SECTION THREE HUNDRED FIFTY-FIVE OF THE EDUCATION LAW MAY BE

S. 6356--C                         65

DESIGNATED BY THE STATE UNIVERSITY HEALTH CARE FACILITY AT  STONY  BROOK
AS  A RESERVE AND TRANSFERRED TO A SEPARATE CONTRACTUAL RESERVE ACCOUNT.
THE AMOUNTS IN SUCH ACCOUNTS SHALL BE AVAILABLE FOR  USE  IN  ACCORDANCE
WITH  PARAGRAPH  B  OF SUBDIVISION FOUR AND SUBDIVISION EIGHT OF SECTION
THREE HUNDRED FIFTY-FIVE OF THE EDUCATION  LAW.  MONIES  SHALL  ONLY  BE
EXPENDED  FROM  THE  STATE  UNIVERSITY  OF  NEW YORK STONY BROOK MEDICAL
HOSPITAL OPERATING ACCOUNT AND THE CONTRACTUAL RESERVE ACCOUNT  PURSUANT
TO  APPROPRIATION.  NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER,
THE EDUCATION LAW OR ANY OTHER LAW TO THE CONTRARY,  SUCH  APPROPRIATION
SHALL  REMAIN  IN FULL FORCE AND EFFECT FOR TWO YEARS FROM THE EFFECTIVE
DATE OF THE APPROPRIATION  ACT  MAKING  SUCH  APPROPRIATION.  MONIES  SO
TRANSFERRED  MAY  BE  RETURNED TO THE UNIVERSITY OF NEW YORK STONY BROOK
MEDICAL HOSPITAL OPERATING ACCOUNT; PROVIDED,  HOWEVER,  THAT  FUNDS  IN
SUCH  CONTRACTUAL  RESERVE  ACCOUNT MUST BE SUFFICIENT TO MEET THE OBLI-
GATIONS OF ALL SUCH CONTRACTS.
  3. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF  SUBDIVISION  FOUR
OF  SECTION  THREE  HUNDRED FIFTY-FIVE OF THE EDUCATION LAW, OR ANY LAW,
RULE OR REGULATION TO THE CONTRARY,  AND  EXCEPT  AS  OUTLINED  IN  THIS
SECTION,  SUCH  FUNDS  CONTAINED WITHIN THE STATE UNIVERSITY OF NEW YORK
STONY BROOK MEDICAL HOSPITAL OPERATING ACCOUNT SHALL BE  FOR  THE  OPER-
ATIONS OF THE STATE UNIVERSITY HEALTH CARE FACILITY AT STONY BROOK ALONE
AND  MAY  NOT BE SUPPLEMENTED BY MONIES CONTAINED WITHIN ANY OTHER STATE
UNIVERSITY ACCOUNT.
  S 2. Subdivision 8-a of section 355 of the education law  is  REPEALED
and a new subdivision 8-a is added to read as follows:
  8-A.  (A) THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE COMMIS-
SIONER OF HEALTH AND CHANCELLOR OF THE STATE  UNIVERSITY  OF  NEW  YORK,
SHALL DEVELOP A METHODOLOGY FOR THE APPORTIONMENT OF GENERAL FUND MONIES
TO  BE  ALLOCATED  ANNUALLY  TO EACH OF THE STATE UNIVERSITY OF NEW YORK
HEALTH CARE FACILITIES TO REFLECT ONGOING SUPPORT FOR COSTS ATTRIBUTABLE
TO THE STATE AGENCY STATUS OF SUCH HEALTH CARE FACILITIES.  IN  DEVELOP-
ING SUCH METHODOLOGY, THE DIRECTOR OF THE BUDGET SHALL TAKE INTO CONSID-
ERATION  EACH  FACILITY'S SHARE OF LABOR COSTS, INCLUDING FRINGE BENEFIT
COSTS, AS WELL AS ANY APPLICABLE HOSPITAL INDUSTRY  NORMS,  WHICH  SHALL
INCLUDE,  BUT  NOT  BE  LIMITED  TO,  THE NUMBER OF FULL-TIME EQUIVALENT
EMPLOYEES, AND OUTPATIENT AND INPATIENT VOLUME. SUCH  METHODOLOGY  SHALL
BE  SUBMITTED  TO  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
THE ASSEMBLY, THE CHAIR OF THE SENATE FINANCE COMMITTEE,  THE  CHAIR  OF
THE  ASSEMBLY  WAYS AND MEANS COMMITTEE AND THE CHAIRS OF THE SENATE AND
ASSEMBLY HIGHER EDUCATION COMMITTEES NO LATER THAN THIRTY DAYS PRIOR  TO
THE ALLOCATION OF MONIES TO EACH HEALTH CARE FACILITY.
  (B)  THE  STATE  UNIVERSITY  OF NEW YORK SHALL CONTINUE TO OPERATE ITS
HEALTH CARE FACILITIES AT SYRACUSE, BROOKLYN AND STONY BROOK  AS  PUBLIC
FACILITIES.  NOTWITHSTANDING  THE  SUSPENSION  OF ANY LAW, RULE OR REGU-
LATION RELATING TO CONTRACTUAL ARRANGEMENTS  WITH  OUTSIDE  ENTITIES  OR
COMPETITIVE  BIDDING, OR ANY OTHER ACTION TAKEN THAT COULD UNDERMINE THE
PUBLIC NATURE OF SUCH HEALTH  CARE  FACILITIES,  SUCH  FACILITIES  SHALL
REMAIN  STATE  AGENCIES  FOR THE DURATION OF THEIR EXISTENCE. SUCH STATE
AGENCY STATUS SHALL CONTINUE IN ORDER TO REFLECT THE PUBLIC  NATURE  AND
SCOPE OF THE GOODS AND SERVICES PROVIDED BY SUCH HEALTH CARE FACILITIES,
INCLUDING, A COMMITMENT TO SERVING THE INTERESTS OF THEIR LOCAL COMMUNI-
TIES.
  S  3.  Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law,  the  state  comptroller  is  hereby
authorized and directed to transfer, upon request of the director of the
budget,  the  outstanding  balance  of the state university income fund,

S. 6356--C                         66

state university hospitals income reimbursable account  (22656)  to  the
state university of New York upstate medical hospital operating account,
the  state  university  of New York downstate medical hospital operating
account  and the state university of New York Stony Brook medical hospi-
tal operating account. Such transfer shall be done in direct  proportion
to  the  share  of  the revenues received by each hospital for the state
university fiscal year ending on June 30, 2013.
  S 4. This act shall take effect immediately,  provided  that  sections
two  and  three of this act shall take effect on the thirtieth day after
it shall have become a law.

                                 PART R

  Section 1. Clause (iii) of subparagraph 4 of paragraph h  of  subdivi-
sion 2 of section 355 of the education law, as amended by chapter 260 of
the laws of 2011, is amended to read as follows:
  (iii)  The state shall appropriate annually and make available general
fund operating support, including fringe benefits, for the state univer-
sity in an amount not less than the amount appropriated and made  avail-
able  to the state university in state fiscal year two thousand eleven--
two thousand  twelve.  Beginning  in  state  fiscal  year  two  thousand
twelve-two thousand thirteen and thereafter, the state shall appropriate
and  make  available  general  fund  operating support, including fringe
benefits, AND COLLECTIVELY BARGAINED  SALARY  INCREASES  for  the  state
university  AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS in an amount
not less than the amount appropriated and made available  in  the  prior
state  fiscal  year;  provided, however, that if the governor declares a
fiscal emergency, and communicates such emergency to the temporary pres-
ident of the senate and speaker of the assembly, state support for oper-
ating expenses at the  state  university  and  city  university  may  be
reduced in a manner proportionate to one another, and the aforementioned
provisions shall not apply.
  S  2.  This  act  shall  take  effect April 1, 2014; provided that the
amendments to subparagraph 4 of paragraph h of subdivision 2 of  section
355  of  the  education  law,  made by section one of this act shall not
affect the expiration of such subparagraph and shall be deemed to expire
therewith.

                                 PART S

  Section 1. The education law is amended by adding a new section  215-d
to read as follows:
  S  215-D.  STATE UNIVERSITY OF NEW YORK REPORT ON ECONOMIC DEVELOPMENT
ACTIVITIES. THE CHANCELLOR OF THE STATE UNIVERSITY  OF  NEW  YORK  SHALL
REPORT  TO  THE  GOVERNOR  AND  TO THE LEGISLATURE, ON OR BEFORE JANUARY
FIRST, TWO THOUSAND FIFTEEN, ON ECONOMIC DEVELOPMENT  ACTIVITIES  UNDER-
TAKEN  BY  THE  STATE UNIVERSITY OF NEW YORK. SUCH REPORT SHALL INCLUDE,
BUT NOT BE LIMITED TO, EXPENDITURES OF CAPITAL FUNDS FOR ECONOMIC DEVEL-
OPMENT ACTIVITIES RECEIVED FROM  THE  EMPIRE  STATE  DEVELOPMENT  CORPO-
RATION,  SUNY  2020  CHALLENGE GRANT PROJECTS, CAPITAL EXPENDITURES FROM
OTHER SOURCES, AND ACTIVITIES FOR THE PURPOSE OF  SECURING  START-UP  NY
APPROVAL.
  S 2. This act shall take effect immediately.

                                 PART T

S. 6356--C                         67

  Section 1. 1. The chancellor of the state university of New York shall
convene  a task force to examine ways in which the university centers at
Albany, Binghamton, Buffalo and Stony Brook can be made more  autonomous
in order to enhance the stature of such university centers at the state-
wide, national and international levels. The members of such task force,
shall,  to the extent practicable, include students, alumni, faculty and
senior administration of the university centers. The task force shall:
  a. examine the  structure  and  policies  of  other  state  university
systems; and
  b.  consider alternative financial, operational, academic, administra-
tive and governance structures and policies that would  further  empower
the university centers to achieve institutional excellence.
  2. The task force shall issue a report on its findings to the governor
and  the  legislature  no later than November 1, 2014. Such report shall
include any recommended statutory and/or  regulatory  changes  the  task
force  determines  are  necessary  to further enhance the reputation and
quality of public higher education  at  the  university  centers,  while
maintaining access to such centers.
  S 2. This act shall take effect immediately.

                                 PART U

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

                                 PART V

  Section  1.  Paragraph a of subdivision 3 of section 667 of the educa-
tion law, as amended by section 1 of part B of chapter 60 of the laws of
2000, item 1 of clause (A) of subparagraph (i) as amended by  section  1
of  part  H  of chapter 58 of the laws of 2011, subitem (c) of item 1 of
clause (A) of subparagraph (i) as separately amended  by  section  1  of
part  E and section 1 of part H of chapter 58 of the laws of 2011, subi-
tem (d) of item 1 of clause (A) of subparagraph (i) as added by  section
1  of  part E of chapter 58 of the laws of 2011, item 2 of clause (A) of
subparagraph (i) as amended by section 2 of part H of chapter 58 of  the
laws of 2011 and subparagraph (iii) as amended by section 3 of part H of
chapter 58 of the laws of 2011, is amended to read as follows:

S. 6356--C                         68

  a.  Amount.  The  president  shall make awards to students enrolled in
degree-granting  institutions  or  registered  not-for-profit   business
schools  qualified  for  tax exemption under S 501(c)(3) of the internal
revenue code for federal income tax purposes in the following amounts:
  (i) For each year of undergraduate study, assistance shall be provided
as  computed  on  the  basis  of  the  amount which is the lesser of the
following:
  (A) (1) In the case of students who have not been granted an exclusion
of parental income or had a dependent for income tax purposes during the
tax year next preceding the academic year for which application is made,
except for those students who have been granted  exclusion  of  parental
income who have a spouse but no other dependent:
  (a)  For  students  first receiving aid after nineteen hundred ninety-
three--nineteen hundred ninety-four and before two  thousand--two  thou-
sand one, four thousand one hundred twenty-five dollars; or
  (b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen  hundred  ninety-four  or earlier, three thousand five hundred
seventy-five dollars; or
  (c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand dollars; or
  (d) FOR STUDENTS FIRST RECEIVING  AID  IN  TWO  THOUSAND  FIFTEEN--TWO
THOUSAND  SIXTEEN  AND  THEREAFTER,  SIX  THOUSAND  FOUR HUNDRED SEVENTY
DOLLARS; OR
  (E) For undergraduate students enrolled in a program  of  study  at  a
non-public  degree-granting institution that does not offer a program of
study that leads to a baccalaureate degree, or at a registered  not-for-
profit  business  school  qualified  for  tax  exemption  under  section
501(c)(3) of the internal revenue code for federal income  tax  purposes
that  does  not  offer  a program of study that leads to a baccalaureate
degree, four thousand dollars.  Provided,  however,  that  this  subitem
shall  not apply to students enrolled in a program of study leading to a
certificate or degree in nursing.
  (2) In the case of students receiving awards pursuant to  subparagraph
(iii)  of this paragraph and those students who have been granted exclu-
sion of parental income who have a spouse but no other dependent.
  (a) FOR STUDENTS RECEIVING AID IN TWO THOUSAND  FIFTEEN--TWO  THOUSAND
SIXTEEN AND THEREAFTER, SIX THOUSAND FOUR HUNDRED SEVENTY DOLLARS, OR
  (B)  For  students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen  hundred  ninety-five--nine-
teen  hundred  ninety-six  and  thereafter,  three  thousand twenty-five
dollars, or
  [(b)] (C) For students first receiving aid in nineteen  hundred  nine-
ty-two--nineteen hundred ninety-three and nineteen hundred ninety-three-
-nineteen  hundred  ninety-four,  two thousand five hundred seventy-five
dollars, or
  [(c)] (D) For students first receiving aid in nineteen  hundred  nine-
ty-one--nineteen  hundred  ninety-two  or  earlier,  two  thousand  four
hundred fifty dollars; or
  (B) (1) Ninety-five percent of the amount  of  tuition  (exclusive  of
educational  fees) charged and, if applicable, the college fee levied by
the state university of New York pursuant to the April  first,  nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
  (2) For the two thousand one--two thousand two academic year and ther-
eafter one hundred percent of the amount of tuition (exclusive of educa-
tional  fees)  charged and, if applicable, the college fee levied by the

S. 6356--C                         69

state university of New York  pursuant  to  the  April  first,  nineteen
hundred sixty-four financing agreement with the New York state dormitory
authority.
  (ii)  Except for students as noted in subparagraph (iii) of this para-
graph, the base amount as determined from subparagraph (i) of this para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(A) Less than [seven] EIGHT         None
    thousand SEVEN HUNDRED
    FIFTY dollars
(B) [Seven] EIGHT thousand          Seven per centum of excess
    SEVEN HUNDRED FIFTY             over [seven] EIGHT
    dollars or more, but less than  thousand SEVEN HUNDRED
    [eleven] THIRTEEN thousand      FIFTY dollars
    SEVEN HUNDRED FIFTY DOLLARS
(C) [Eleven] THIRTEEN thousand      [Two] THREE
    SEVEN HUNDRED FIFTY             hundred [eighty] FIFTY
    dollars or more, but less than  dollars plus ten per centum of excess
    [eighteen] TWENTY-TWO           over [eleven] THIRTEEN
    thousand FIVE HUNDRED           thousand SEVEN HUNDRED
    dollars                         fifty dollars
  (D) [Eighteen] TWENTY-TWO         [Nine] ONE THOUSAND
    thousand FIVE HUNDRED           TWO hundred
    dollars or more, but not more   [eighty] TWENTY-FIVE dollars
    than [eighty] ONE               plus twelve per centum of
    HUNDRED thousand dollars        excess over [eighteen]
                                    TWENTY-TWO thousand
                                    FIVE HUNDRED dollars;

PROVIDED THAT DEPENDENT STUDENTS WHOSE PARENTAL  INCOME  EXCEEDS  EIGHTY
THOUSAND  DOLLARS  BUT  NOT  MORE  THAN ONE HUNDRED THOUSAND DOLLARS, OR
STUDENTS WITH A DEPENDENT  AND  INCOME  IN  EXCESS  OF  EIGHTY  THOUSAND
DOLLARS,  BUT  NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS, SHALL ONLY BE
ELIGIBLE FOR AWARDS IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING  WITH
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR.

  (iii)  (A)  For  students  who have been granted exclusion of parental
income and were single with no dependent for income tax purposes  during
the  tax  year next preceding the academic year for which application is
made, the base amount, as determined in subparagraph (i) of  this  para-
graph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(1) Less than [three] TEN thousand  None
    FIVE HUNDRED dollars
(2) [Three] TEN thousand            Thirty-one per centum of
    FIVE HUNDRED dollars or more,   amount in excess of
    but not more than [ten]         [three] TEN thousand
    THIRTY-FIVE thousand dollars    FIVE HUNDRED
                                    dollars;

S. 6356--C                         70

PROVIDED  THAT  STUDENTS  WITH INCOMES IN EXCESS OF TEN THOUSAND DOLLARS
BUT NOT MORE THAN THIRTY-FIVE THOUSAND DOLLARS, SHALL ONLY  BE  ELIGIBLE
FOR  AWARDS  IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING WITH THE TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR.
  (B)  For  those  students  who have been granted exclusion of parental
income who have a spouse but no other dependent, for income tax purposes
during the tax year next preceding the academic year for which  applica-
tion is made, the base amount, as determined in subparagraph (i) of this
paragraph, shall be reduced in relation to income as follows:

Amount of income                    Schedule of reduction
                                    of base amount

(1) Less than [seven] EIGHT         None
    thousand SEVEN HUNDRED FIFTY
    dollars
(2) [Seven] EIGHT thousand          Seven per centum of excess
    SEVEN HUNDRED FIFTY             over [seven]
    dollars or more, but less than  EIGHT thousand
    [eleven] THIRTEEN               SEVEN HUNDRED FIFTY
    thousand SEVEN HUNDRED          dollars
    FIFTY dollars
(3) [Eleven] THIRTEEN               [Two] THREE
    thousand SEVEN HUNDRED          hundred [eighty]
    FIFTY dollars or                FIFTY dollars plus
    more, but less than             ten per centum of excess
    [eighteen] TWENTY-TWO           over [eleven]
    thousand FIVE HUNDRED           THIRTEEN thousand
    dollars                         SEVEN HUNDRED FIFTY dollars
(4) [Eighteen] TWENTY-TWO           [Nine] ONE
    thousand FIVE HUNDRED           THOUSAND TWO
    dollars or more, but not        hundred [eighty] TWENTY-FIVE
    more than [forty] FIFTY         dollars plus twelve per centum
    thousand dollars                of excess over [eighteen] TWENTY-TWO
                                    thousand FIVE HUNDRED dollars;

PROVIDED  THAT STUDENTS WITH INCOMES IN EXCESS OF FORTY THOUSAND DOLLARS
BUT NOT MORE THAN FIFTY THOUSAND DOLLARS, SHALL  ONLY  BE  ELIGIBLE  FOR
AWARDS IF HE OR SHE FIRST RECEIVES AN AWARD BEGINNING WITH THE TWO THOU-
SAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR.
  (iv)  If  the  amount  of reduction is not a whole dollar, it shall be
reduced to the next lowest whole dollar. In the case of any student  who
has  received  four  or  more  payments  pursuant  to any and all awards
provided for in this subdivision, for the two thousand--two thousand one
academic year the base amount shall be  reduced  by  an  additional  one
hundred fifty dollars for the two thousand one--two thousand two academ-
ic year and thereafter the base amount shall be reduced by an additional
one hundred dollars.
  (v)  The  award  shall be the net amount of the base amount determined
pursuant to subparagraph (i)  of  this  paragraph  reduced  pursuant  to
subparagraph  (ii) or (iii) of this paragraph but the award shall not be
reduced for the two thousand--two thousand one and two thousand one--two
thousand two academic years below two hundred  seventy-five  dollars  if
the  amount  of  income is eighty thousand dollars or less and more than
seventy thousand dollars,  three  hundred  twenty-five  dollars  if  the
amount of income is seventy thousand dollars or less and more than sixty

S. 6356--C                         71

thousand  dollars  and four hundred twenty-five dollars if the amount of
income is sixty thousand dollars or less.
  (vi)  For  the  two thousand two--two thousand three academic year and
thereafter, the award shall be the net amount of the base amount  deter-
mined pursuant to subparagraph (i) of this paragraph reduced pursuant to
subparagraph  (ii) or (iii) of this paragraph but the award shall not be
reduced below five hundred dollars.
  S 2. This act shall take effect April 1, 2015, provided that the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation  of this act on its effective date is authorized and
directed to be made and completed by the president of the higher  educa-
tion services corporation on or before such effective date.

                                 PART W

  Section  1. Article 14 of the education law is amended by adding a new
part VI to read as follows:
                                 PART VI
                 NEW YORK STUDENT AFFORDABLE REFINANCING
                    FOR TOMORROW PROGRAM (NEW START)
SECTION 694-C. DEFINITIONS.
        694-D. NEW YORK  STUDENT  AFFORDABLE  REFINANCING  FOR  TOMORROW
                 PROGRAM (NEW START)
        694-E. PROGRAM ELIGIBILITY.
        694-F. PROGRAM.
        694-G. REPAYMENT.
  S  694-C.  DEFINITIONS. FOR PURPOSES OF THIS PART, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:  1. "EDUCATION LOAN" SHALL  MEAN  ANY
STUDENT  LOAN  THAT  THE  STATE  REFINANCES  UNDER  THE PROGRAM THAT WAS
OBTAINED BY A BORROWER FOR THE PURPOSES  OF  ATTENDING  COLLEGE  AT  THE
STATE  UNIVERSITY  OF  NEW  YORK  OR  THE  CITY  UNIVERSITY OF NEW YORK,
PROVIDED, HOWEVER, THAT LOANS PROVIDED BY  THE  FEDERAL  GOVERNMENT,  OR
LOANS  PROVIDED AT AN INTEREST RATE AT OR LOWER THAN THE CURRENT FEDERAL
LOAN INTEREST RATE SHALL NOT  BE  ELIGIBLE  FOR  REFINANCING  UNDER  THE
PROGRAM.
  2.  "PARTICIPANT"  SHALL  MEAN  AN INDIVIDUAL WHO HAS INCURRED STUDENT
LOAN DEBT FROM A LENDING INSTITUTION OR LENDER  TO  COVER  THE  COST  OF
TUITION  AT  THE  STATE UNIVERSITY OF NEW YORK OR THE CITY UNIVERSITY OF
NEW YORK AND HAS APPLIED TO PARTICIPATE AND BEEN ACCEPTED TO PARTICIPATE
IN THE PROGRAM.
  3. "LENDING INSTITUTION" OR "LENDER" SHALL MEAN ANY  ENTITY  THAT  HAS
ITSELF  OR  THROUGH  AN  AFFILIATE PROVIDED STUDENT LOANS TO AN ELIGIBLE
PARTICIPANT.
  4. "PROGRAM" SHALL MEAN THE NEW YORK  STUDENT  AFFORDABLE  REFINANCING
FOR TOMORROW PROGRAM (NEW START).
  5.  "FUND"  SHALL MEAN THE NEW YORK STUDENT AFFORDABLE REFINANCING FOR
TOMORROW PROGRAM FUND ESTABLISHED BY SECTION NINTY-NINE-W OF  THE  STATE
FINANCE LAW.
  S  694-D. NEW YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM
(NEW START).  THE NEW YORK STUDENT AFFORDABLE REFINANCING  FOR  TOMORROW
PROGRAM  (NEW START) IS HEREBY ESTABLISHED FOR THE PURPOSES OF RELIEVING
STUDENT DEBT BY DIRECTLY PAYING AN ELIGIBLE PARTICIPANT'S LOAN  DEBT  TO
THE LENDING INSTITUTION OR LENDER AND PROVIDING A REPAYMENT PLAN WHEREBY
PAYMENTS WILL BE DEPOSITED IN THE FUND.

S. 6356--C                         72

  1.  THE  CORPORATION  SHALL  PROMULGATE  RULES AND REGULATIONS FOR THE
ADMINISTRATION OF THIS PROGRAM AND SHALL MANAGE THE FUND IN CONSULTATION
WITH THE OFFICE OF THE COMPTROLLER.
  2.  THE CORPORATION SHALL DETERMINE ADDITIONAL REQUIREMENTS FOR ELIGI-
BLE PARTICIPANTS, OTHER THAN THOSE  SPECIFIED  IN  SECTION  SIX  HUNDRED
NINETY-FOUR-E  OF  THIS  PART,  SHALL  SET A FIXED INTEREST RATE FOR THE
REPAYMENT OF REFINANCED LOANS, WHICH SHALL BE  LOWER  THAN  THE  AVERAGE
MARKET  RATE  FOR PRIVATE STUDENT LOANS, AND SHALL ESTABLISH AN APPLICA-
TION PROCESS FOR THE PROGRAM.
  3. THE CORPORATION SHALL DETERMINE APPROPRIATE PAYMENT  DEFERMENT  AND
FORBEARANCE OPTIONS FOR LOSS OF EMPLOYMENT OR EXTREME HARDSHIP.
  S  694-E.  PROGRAM  ELIGIBILITY.  1. TO BE ELIGIBLE FOR THIS PROGRAM A
PARTICIPANT MUST:
  A. HAVE GRADUATED FROM THE STATE UNIVERSITY OF NEW YORK  OR  THE  CITY
UNIVERSITY OF NEW YORK WITHIN FOUR YEARS, OR FIVE YEARS IF ENROLLED IN A
PROGRAM NORMALLY REQUIRING FIVE YEARS;
  B. HAVE GRADUATED WITH A GRADE POINT AVERAGE AT OR ABOVE 3.0;
  C. HAVE INCURRED STUDENT LOAN DEBT;
  D.  BE  GAINFULLY EMPLOYED IN NEW YORK STATE FOR AT LEAST THREE MONTHS
PRIOR TO FILING AN APPLICATION TO PARTICIPATE IN THE PROGRAM;
  E. AGREE TO SIGN A CONTRACT WITH THE CORPORATION  TO  ALLOW  A  DIRECT
WITHDRAWAL  OF  PAYMENTS FROM THEIR PAY CHECKS UNTIL THE DEBT OBLIGATION
IS PAID IN FULL; AND
  F. MUST APPLY FOR THE PROGRAM WITHIN TWO YEARS  AFTER  COLLEGE  GRADU-
ATION.
  S  694-F.  PROGRAM. 1. THE CORPORATION SHALL MAKE LUMP SUM PAYMENTS TO
LENDING INSTITUTIONS OR LENDERS TO PAY ELIGIBLE PARTICIPANTS'  EDUCATION
LOANS OUT OF THE FUNDS APPROPRIATED TO THE FUND FOR THE PURPOSES OF THIS
PROGRAM  IN  AMOUNTS  NOT  TO  EXCEED  THIRTY-FIVE  THOUSAND DOLLARS PER
PARTICIPANT.
  2. LOANS THAT THE PARTICIPANT ACQUIRED FROM THE FEDERAL GOVERNMENT  OR
THOSE LOANS THAT HAVE A FIXED INTEREST RATE PROVIDED AT AN INTEREST RATE
AT  OR  LOWER  THAN  THE CURRENT FEDERAL LOAN INTEREST RATE SHALL NOT BE
ELIGIBLE FOR ACQUISITION UNDER THE PROGRAM.
  S 694-G. REPAYMENT. 1. PARTICIPANTS SHALL REPAY THE TOTAL COST OF  THE
DEBT OBLIGATION TO THE FUND AT AN INTEREST RATE DETERMINED BY THE CORPO-
RATION ACCORDING TO THE FOLLOWING:
  A.  DURING  THE  FIRST FIVE YEARS OF PARTICIPATION IN THE PROGRAM, THE
PARTICIPANT SHALL PAY THREE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
  B. DURING THE NEXT FIVE YEARS OF PARTICIPATION  IN  THE  PROGRAM,  THE
PARTICIPANT  SHALL PAY FIVE PERCENT OF THE SALARY EARNED PER YEAR DURING
EACH OF THOSE YEARS;
  C. DURING THE ELEVENTH YEAR OF PARTICIPATION AND EACH YEAR  THEREAFTER
UNTIL  THE  DEBT  OBLIGATION  IS PAID IN FULL, THE PARTICIPANT SHALL PAY
EIGHT PERCENT OF THE SALARY EARNED PER YEAR DURING EACH OF THOSE YEARS.
  2. THERE SHALL BE NO  PRE-PAYMENT  PENALTIES  UNDER  THE  PROGRAM  AND
REPAYMENT  SCHEDULES  MAY  BE CALCULATED AT A HIGHER PERCENTAGE RATE PER
YEAR OF SALARY IF THE PARTICIPANT CHOOSES OR REQUESTS A  FASTER  RE-PAY-
MENT OPTION.
  S  2. The state finance law is amended by adding a new section 99-w to
read as follows:
  S 99-W. NEW YORK STUDENT AFFORDABLE REFINANCING FOR  TOMORROW  PROGRAM
FUND.  1. THERE IS HEREBY ESTABLISHED WITHIN THE CUSTODY OF THE NEW YORK
STATE HIGHER EDUCATION SERVICES CORPORATION, IN  CONSULTATION  WITH  THE

S. 6356--C                         73

STATE COMPTROLLER, OR HIS OR HER DESIGNEE, A FUND TO BE KNOWN AS THE NEW
YORK STUDENT AFFORDABLE REFINANCING FOR TOMORROW PROGRAM FUND.
  2.  ALL  MONIES  RECEIVED  PURSUANT TO THE NEW YORK STUDENT AFFORDABLE
REFINANCING FOR TOMORROW PROGRAM (NEW START) SHALL BE DEPOSITED INTO THE
FUND AND SHALL BE MANAGED PURSUANT TO PART SIX OF  ARTICLE  FOURTEEN  OF
THE EDUCATION LAW.
  3.  ALL  NECESSARY  RULES  AND REGULATIONS FOR THE SUCCESSFUL ADMINIS-
TRATION, INVESTMENT AND MANAGEMENT OF SUCH FUND SHALL BE PROMULGATED  BY
SUCH  CORPORATION, IN CONSULTATION WITH THE STATE COMPTROLLER, OR HIS OR
HER DESIGNEE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
necessary  for  the  implementation of this act on its effective date is
authorized to be made and completed on or before such date.

                                 PART X

  Section 1. The education law is amended by adding a new section  355-d
to read as follows:
  S  355-D. "NEW YORK STATE PRE-PAID TUITION PLAN".  1. DEFINITIONS. FOR
THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "ACCOUNT" OR "PRE-PAID TUITION ACCOUNT" SHALL  MEAN  AN  INDIVIDUAL
PRE-PAID  TUITION  ACCOUNT ESTABLISHED IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION.
  B. "ACCOUNT OWNER" SHALL MEAN A PERSON  WHO  ENTERS  INTO  A  PRE-PAID
TUITION  AGREEMENT PURSUANT TO THE PROVISIONS OF THIS ARTICLE, INCLUDING
A PERSON WHO ENTERS INTO SUCH AN AGREEMENT AS A FIDUCIARY  OR  AGENT  ON
BEHALF  OF  A TRUST, ESTATE, PARTNERSHIP, ASSOCIATION, COMPANY OR CORPO-
RATION. THE ACCOUNT OWNER MAY ALSO BE THE DESIGNATED BENEFICIARY OF  THE
ACCOUNT.
  C. "CITY UNIVERSITY" SHALL MEAN THE CITY UNIVERSITY OF NEW YORK.
  D. "COMPTROLLER" SHALL MEAN THE STATE COMPTROLLER.
  E.  "DESIGNATED BENEFICIARY" SHALL MEAN, WITH RESPECT TO AN ACCOUNT OR
ACCOUNTS, THE INDIVIDUAL DESIGNATED  AS  THE  INDIVIDUAL  WHOSE  TUITION
EXPENSES ARE EXPECTED TO BE PAID FROM THE ACCOUNT OR ACCOUNTS.
  F.  "ELIGIBLE  EDUCATIONAL  INSTITUTION" SHALL MEAN ANY INSTITUTION OF
HIGHER EDUCATION DEFINED  AS  AN  ELIGIBLE  EDUCATIONAL  INSTITUTION  IN
SECTION 529(E)(5) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
  G.  "FINANCIAL  ORGANIZATION" SHALL MEAN AN ORGANIZATION AUTHORIZED TO
DO BUSINESS IN THE STATE AND (I) WHICH IS AN AUTHORIZED FIDUCIARY TO ACT
AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT OF  CONGRESS  ENTITLED
"EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974" AS SUCH PROVISIONS MAY
BE  AMENDED  FROM TIME TO TIME, OR AN INSURANCE COMPANY; AND (II) (A) IS
LICENSED OR CHARTERED BY THE DEPARTMENT OF FINANCIAL  SERVICES,  (B)  IS
CHARTERED  BY AN AGENCY OF THE FEDERAL GOVERNMENT, (C) IS SUBJECT TO THE
JURISDICTION AND REGULATION OF THE SECURITIES AND EXCHANGE COMMISSION OF
THE FEDERAL GOVERNMENT, OR (D) IS ANY OTHER ENTITY OTHERWISE  AUTHORIZED
TO  ACT  IN THIS STATE AS A TRUSTEE PURSUANT TO THE PROVISIONS OF AN ACT
OF CONGRESS ENTITLED "EMPLOYEE RETIREMENT INCOME SECURITY ACT  OF  1974"
AS SUCH PROVISIONS MAY BE AMENDED FROM TIME TO TIME.
  H. "MEMBER OF FAMILY" SHALL MEAN A FAMILY MEMBER AS DEFINED IN SECTION
529 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED.
  I.  "NONQUALIFIED WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT,
BUT SHALL NOT MEAN:

S. 6356--C                         74

  (I) A QUALIFIED WITHDRAWAL; (II) A WITHDRAWAL MADE AS  THE  RESULT  OF
THE  DEATH OR DISABILITY OF THE DESIGNATED BENEFICIARY OF AN ACCOUNT; OR
(III) A WITHDRAWAL MADE ON THE ACCOUNT OF A SCHOLARSHIP.
  J.  "PLAN"  SHALL MEAN THE NEW YORK STATE PRE-PAID TUITION PLAN ESTAB-
LISHED PURSUANT TO THIS SECTION.
  K. "PLAN MANAGER" SHALL MEAN A FINANCIAL ORGANIZATION SELECTED BY  THE
COMPTROLLER TO ACT AS A DEPOSITORY AND MANAGER OF THE PLAN.
  L.  "QUALIFIED  WITHDRAWAL" SHALL MEAN A WITHDRAWAL FROM AN ACCOUNT TO
PAY THE QUALIFIED TUITION EXPENSES OF THE DESIGNATED BENEFICIARY.
  M. "STATE UNIVERSITY" SHALL MEAN THE STATE UNIVERSITY OF NEW YORK.
  N. "TUITION" SHALL MEAN ANY MANDATORY CHARGES IMPOSED BY  AN  ELIGIBLE
EDUCATIONAL  INSTITUTION FOR ATTENDANCE FOR AN ACADEMIC YEAR AS A CONDI-
TION OF ENROLLMENT. SUCH TERM SHALL NOT INCLUDE  LABORATORY  FEES,  ROOM
AND BOARD, OR OTHER SIMILAR FEES AND CHARGES.
  O.  "TUITION  SAVINGS  AGREEMENT"  SHALL MEAN AN AGREEMENT BETWEEN THE
COMPTROLLER OR A FINANCIAL ORGANIZATION AND AN ACCOUNT OWNER.
  2. POWERS AND DUTIES OF THE COMPTROLLER. THE COMPTROLLER SHALL  ADMIN-
ISTER  THE PLAN AND SHALL DEVELOP AND IMPLEMENT PROGRAMS FOR THE PREPAY-
MENT OF UNDERGRADUATE TUITION, AT A FIXED, GUARANTEED LEVEL FOR APPLICA-
TION AT ANY TWO-YEAR OR FOUR-YEAR ELIGIBLE  EDUCATIONAL  INSTITUTION  AS
DEFINED IN SECTION 529 OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,
OR OTHER APPLICABLE FEDERAL LAW. IN ADDITION, THE COMPTROLLER SHALL HAVE
THE POWER AND DUTY TO:
  A.  DEVELOP  AND  IMPLEMENT  THE  PLAN IN A MANNER CONSISTENT WITH THE
PROVISIONS OF THIS SECTION THROUGH RULES AND REGULATIONS ESTABLISHED  IN
ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURE ACT;
  B.  MAKE  ARRANGEMENTS  WITH THE STATE UNIVERSITY, CITY UNIVERSITY AND
ANY ELIGIBLE EDUCATIONAL INSTITUTION  LOCATED  WITHIN  THE  STATE  WHICH
CHOOSES  TO  PARTICIPATE,  TO  FULFILL OBLIGATIONS UNDER PREPAID TUITION
CONTRACTS FOR TWO-YEAR OR FOUR-YEAR DEGREE PROGRAMS, INCLUDING, BUT  NOT
LIMITED TO, PAYMENT FROM THE PLAN OF THE THEN ACTUAL IN-STATE UNDERGRAD-
UATE  TUITION  COST  ON  BEHALF  OF A QUALIFIED BENEFICIARY OF A PREPAID
TUITION CONTRACT TO THE INSTITUTION IN WHICH SUCH BENEFICIARY IS  ADMIT-
TED AND ENROLLED, AND APPLICATION OF SUCH BENEFITS TOWARDS GRADUATE-LEV-
EL TUITION AND TOWARDS TUITION COSTS AT SUCH ELIGIBLE EDUCATIONAL INSTI-
TUTIONS,  AS  THAT  TERM  IS  DEFINED  IN  26  U.S.C. S 529 OR ANY OTHER
APPLICABLE SECTION OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED,  AS
DETERMINED  BY THE COMPTROLLER IN HIS SOLE DISCRETION. SUCH ARRANGEMENTS
MUST INCLUDE PLANS THAT ALLOW AN ACCOUNT OWNER TO ENTER  INTO  CONTRACTS
IN  WHICH  HE  OR  SHE CAN PURCHASE TUITION IN INSTALLMENTS EQUAL TO THE
COST OF SEMESTERS AS A FULL TIME STUDENT, BUT  CAN  ALSO  INCLUDE  PLANS
THAT WOULD ALLOW FOR THE PREPAYMENT OF TUITION FOR TUITION CREDIT HOURS;
  C.  ENGAGE THE SERVICES OF CONSULTANTS ON A CONTRACT BASIS FOR RENDER-
ING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  D. SEEK RULINGS AND OTHER GUIDANCE FROM THE UNITED  STATES  DEPARTMENT
OF TREASURY AND THE INTERNAL REVENUE SERVICE RELATING TO THE PROGRAM;
  E.  MAKE  CHANGES  TO THE PLAN REQUIRED FOR THE PARTICIPANTS TO OBTAIN
THE FEDERAL INCOME TAX BENEFITS OR TREATMENT PROVIDED BY SECTION 529  OF
THE  INTERNAL REVENUE CODE OF 1986, AS AMENDED, OR ANY SIMILAR SUCCESSOR
LEGISLATION;
  F. CHARGE, IMPOSE AND COLLECT ADMINISTRATIVE FEES AND SERVICE  CHARGES
IN  CONNECTION  WITH  ANY AGREEMENT, CONTRACT OR TRANSACTION RELATING TO
THE PLAN;
  G. DEVELOP MARKETING PLANS AND PROMOTION MATERIAL;
  H. ESTABLISH THE METHODS BY WHICH THE FUNDS HELD IN SUCH  ACCOUNTS  BE
DISBURSED;

S. 6356--C                         75

  I.  ESTABLISH  THE METHOD BY WHICH FUNDS SHALL BE ALLOCATED TO PAY FOR
ADMINISTRATIVE COSTS; AND
  J.  DO  ALL  THINGS  NECESSARY AND PROPER TO CARRY OUT THE PURPOSES OF
THIS SECTION.
  3. PLAN REQUIREMENTS. EVERY PRE-PAID TUITION ACCOUNT SHALL COMPLY WITH
THE PROVISIONS OF THIS SECTION.
  A. A PRE-PAID TUITION ACCOUNT MAY BE OPENED BY ANY PERSON WHO  DESIRES
TO  ENTER  INTO  A  CONTRACT  FOR  PRE-PAYMENT OF TUITION EXPENSES AT AN
INSTITUTION OF THE STATE UNIVERSITY, THE CITY UNIVERSITY OR ANY  PARTIC-
IPATING ELIGIBLE EDUCATIONAL INSTITUTION. AN ACCOUNT OWNER MAY DESIGNATE
ANOTHER  PERSON  AS  SUCCESSOR  OWNER OF THE ACCOUNT IN THE EVENT OF THE
DEATH OF THE ORIGINAL ACCOUNT OWNER. SUCH PERSON WHO OPENS AN ACCOUNT OR
ANY SUCCESSOR OWNER SHALL BE CONSIDERED THE ACCOUNT OWNER.
  B. AN APPLICATION FOR SUCH ACCOUNT SHALL BE IN THE FORM PRESCRIBED  BY
THE COMPTROLLER AND CONTAIN THE FOLLOWING:
  (I) THE NAME, ADDRESS AND SOCIAL SECURITY NUMBER OR EMPLOYER IDENTIFI-
CATION NUMBER OF THE ACCOUNT OWNER;
  (II) THE DESIGNATION OF A DESIGNATED BENEFICIARY;
  (III)  THE  NAME, ADDRESS AND SOCIAL SECURITY NUMBER OF THE DESIGNATED
BENEFICIARY; AND
  (IV) SUCH OTHER INFORMATION AS THE COMPTROLLER MAY REQUIRE.
  C. THE COMPTROLLER MAY ESTABLISH A NOMINAL FEE FOR SUCH APPLICATION.
  D. ANY PERSON, INCLUDING THE ACCOUNT OWNER, MAY MAKE CONTRIBUTIONS  TO
AN ACCOUNT AFTER THE ACCOUNT IS OPENED.
  E. CONTRIBUTIONS TO ACCOUNTS MAY BE MADE ONLY IN CASH.
  F.  FOUR  YEARS  MUST  ELAPSE  BETWEEN THE ESTABLISHMENT OF A PRE-PAID
TUITION ACCOUNT AND THE TIME THE FIRST QUALIFIED WITHDRAWAL IS MADE  FOR
THE PAYMENT OF TUITION EXPENSES.
  G.  AN  ACCOUNT  OWNER MAY WITHDRAW ALL OR PART OF THE BALANCE FROM AN
ACCOUNT ON SIXTY DAYS NOTICE OR SUCH SHORTER PERIOD AS MAY BE AUTHORIZED
UNDER RULES GOVERNING THE PLAN. SUCH RULES SHALL INCLUDE PROVISIONS THAT
WILL GENERALLY ENABLE THE DETERMINATION AS TO WHETHER A WITHDRAWAL IS  A
NONQUALIFIED WITHDRAWAL OR A QUALIFIED WITHDRAWAL.
  H.  AN  ACCOUNT  OWNER  MAY  CHANGE  THE  DESIGNATED BENEFICIARY OF AN
ACCOUNT TO AN INDIVIDUAL WHO IS A MEMBER OF  THE  FAMILY  OF  THE  PRIOR
DESIGNATED  BENEFICIARY IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE
COMPTROLLER.
  I. AN ACCOUNT OWNER MAY TRANSFER ALL OR A PORTION  OF  AN  ACCOUNT  TO
ANOTHER FAMILY TUITION ACCOUNT, THE SUBSEQUENT DESIGNATED BENEFICIARY OF
WHICH  IS A MEMBER OF THE FAMILY AS DEFINED IN SECTION 529 OF THE INTER-
NAL REVENUE CODE OF 1986, AS AMENDED.
  J. THE PLAN SHALL PROVIDE  SEPARATE  ACCOUNTING  FOR  EACH  DESIGNATED
BENEFICIARY.
  K.  NO ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF ANY ACCOUNT SHALL BE
PERMITTED TO DIRECT THE INVESTMENT OF ANY CONTRIBUTIONS TO AN ACCOUNT OR
THE EARNINGS THEREON.
  L. NEITHER AN ACCOUNT OWNER NOR A DESIGNATED BENEFICIARY SHALL USE  AN
INTEREST IN AN ACCOUNT AS SECURITY FOR A LOAN. ANY PLEDGE OF AN INTEREST
IN AN ACCOUNT SHALL BE OF NO FORCE AND EFFECT.
  M.  (I) IF THERE IS ANY DISTRIBUTION FROM AN ACCOUNT TO ANY INDIVIDUAL
OR FOR THE BENEFIT OF  ANY  INDIVIDUAL  DURING  A  CALENDAR  YEAR,  SUCH
DISTRIBUTION  SHALL  BE REPORTED TO THE INTERNAL REVENUE SERVICE AND THE
ACCOUNT OWNER, THE DESIGNATED BENEFICIARY  OR  THE  DISTRIBUTEE  TO  THE
EXTENT REQUIRED BY FEDERAL LAW OR REGULATION.
  (II)  STATEMENTS SHALL BE PROVIDED TO EACH ACCOUNT OWNER AT LEAST ONCE
EACH YEAR WITHIN SIXTY DAYS AFTER THE END OF THE TWELVE MONTH PERIOD  TO

S. 6356--C                         76

WHICH  THEY  RELATE. THE STATEMENT SHALL IDENTIFY THE CONTRIBUTIONS MADE
DURING A PRECEDING TWELVE MONTH PERIOD, THE TOTAL CONTRIBUTIONS MADE  TO
THE  ACCOUNT  THROUGH THE END OF THE PERIOD, THE VALUE OF THE ACCOUNT AT
THE  END  OF  SUCH PERIOD, DISTRIBUTIONS MADE DURING SUCH PERIOD AND ANY
OTHER INFORMATION THAT THE COMPTROLLER SHALL REQUIRE TO BE  REPORTED  TO
THE ACCOUNT OWNER.
  (III)  STATEMENTS  AND  INFORMATION  RELATING  TO  ACCOUNTS  SHALL  BE
PREPARED AND FILED TO THE EXTENT REQUIRED BY FEDERAL AND STATE TAX LAW.
  N. (I)  A  LOCAL  GOVERNMENT  OR  ORGANIZATION  DESCRIBED  IN  SECTION
501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED, MAY OPEN AND
BECOME  THE ACCOUNT OWNER OF AN ACCOUNT TO FUND SCHOLARSHIPS FOR PERSONS
WHOSE IDENTITY WILL BE DETERMINED UPON DISBURSEMENT.
  (II) IN THE CASE OF ANY ACCOUNT OPENED PURSUANT TO PARAGRAPH A OF THIS
SUBDIVISION THE REQUIREMENT SET FORTH IN THIS SUBDIVISION THAT A  DESIG-
NATED  BENEFICIARY  BE  DESIGNATED  WHEN  AN ACCOUNT IS OPENED SHALL NOT
APPLY AND EACH INDIVIDUAL WHO RECEIVES AN INTEREST IN SUCH ACCOUNT AS  A
SCHOLARSHIP SHALL BE TREATED AS A DESIGNATED BENEFICIARY WITH RESPECT TO
SUCH INTEREST.
  O. AN ANNUAL FEE MAY BE IMPOSED UPON THE ACCOUNT OWNER FOR THE MAINTE-
NANCE OF THE ACCOUNT.
  P.  THE  PLAN  SHALL  DISCLOSE THE FOLLOWING INFORMATION IN WRITING TO
EACH ACCOUNT OWNER AND PROSPECTIVE ACCOUNT OWNER OF A  PRE-PAID  TUITION
ACCOUNT:
  (I)  THE  TERMS  AND  CONDITIONS  FOR  PURCHASING  A  PRE-PAID TUITION
ACCOUNT;
  (II) ANY RESTRICTIONS ON THE SUBSTITUTION OF BENEFICIARIES;
  (III) THE PERSON OR ENTITY ENTITLED TO TERMINATE THE TUITION  PRE-PAY-
MENT AGREEMENT;
  (IV)  THE  PERIOD OF TIME DURING WHICH A BENEFICIARY MAY RECEIVE BENE-
FITS UNDER THE TUITION PRE-PAYMENT AGREEMENT;
  (V) THE TERMS AND CONDITIONS  UNDER  WHICH  MONEY  MAY  BE  WHOLLY  OR
PARTIALLY  WITHDRAWN  FROM  THE PLAN, INCLUDING, BUT NOT LIMITED TO, ANY
REASONABLE CHARGES AND FEES THAT MAY BE IMPOSED FOR WITHDRAWAL;
  (VI) THE PROBABLE TAX CONSEQUENCES ASSOCIATED  WITH  CONTRIBUTIONS  TO
AND DISTRIBUTIONS FROM ACCOUNTS; AND
  (VII)  ALL  OTHER  RIGHTS AND OBLIGATIONS PURSUANT TO PRE-PAID TUITION
AGREEMENTS, AND ANY OTHER TERMS, CONDITIONS AND PROVISIONS DEEMED NECES-
SARY AND APPROPRIATE BY THE COMPTROLLER PURSUANT TO THIS SUBDIVISION.
  Q. PRE-PAID TUITION SAVINGS AGREEMENTS SHALL  BE  SUBJECT  TO  SECTION
FOURTEEN-C  OF  THE  BANKING  LAW AND THE "TRUTH-IN-SAVINGS" REGULATIONS
PROMULGATED THEREUNDER.
  R. NOTHING IN THIS ARTICLE OR IN ANY PRE-PAID TUITION  SAVINGS  AGREE-
MENT ENTERED INTO PURSUANT TO THIS ARTICLE SHALL BE CONSTRUED AS A GUAR-
ANTEE BY THE STATE OR ANY COLLEGE THAT A BENEFICIARY WILL BE ADMITTED TO
A COLLEGE OR UNIVERSITY, OR, UPON ADMISSION TO A COLLEGE WILL BE PERMIT-
TED  TO  CONTINUE  TO  ATTEND OR WILL RECEIVE A DEGREE FROM A COLLEGE OR
UNIVERSITY.
  4. STATE GUARANTEE. A. NOTHING IN THIS SECTION SHALL ESTABLISH  OR  BE
DEEMED  TO ESTABLISH ANY OBLIGATION OF THE STATE, THE COMPTROLLER OR ANY
AGENCY OR INSTRUMENTALITY OF THE STATE TO GUARANTEE ANY BENEFITS TO  ANY
ACCOUNT OWNER OR DESIGNATED BENEFICIARY.
  B.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
IN ORDER TO ENSURE THAT THE PLAN IS ABLE TO MEET  ITS  OBLIGATIONS,  THE
GOVERNOR SHALL INCLUDE IN THE BUDGET SUBMITTED PURSUANT TO SECTION TWEN-
TY-TWO  OF  THE  STATE  FINANCE LAW, AN APPROPRIATION SUFFICIENT FOR THE
PURPOSE OF ENSURING THAT THE PLAN CAN MEET  ITS  OBLIGATIONS.  ANY  SUMS

S. 6356--C                         77

APPROPRIATED  FOR  SUCH  PURPOSE  SHALL  BE TRANSFERRED TO THE PLAN. ALL
AMOUNTS PAID INTO THE PLAN PURSUANT TO THIS SUBDIVISION SHALL CONSTITUTE
AND BE ACCOUNTED FOR AS ADVANCES BY THE STATE TO THE PLAN  AND,  SUBJECT
TO  THE  RIGHTS  OF  THE PLAN'S CONTRACT HOLDERS, SHALL BE REPAID TO THE
STATE WITHOUT INTEREST FROM AVAILABLE OPERATING REVENUE OF THE  PLAN  IN
EXCESS  OF  AMOUNTS  REQUIRED  FOR THE PAYMENT OF THE OBLIGATIONS OF THE
PLAN. AS USED IN THIS SECTION, "OBLIGATIONS OF THE PLAN"  MEANS  AMOUNTS
REQUIRED  FOR  THE  PAYMENT OF CONTRACT BENEFITS OR OTHER OBLIGATIONS OF
THE PLAN, THE MAINTENANCE OF THE PLAN, AND OPERATING  EXPENSES  FOR  THE
CURRENT FISCAL YEAR.
  S  2. The state finance law is amended by adding a new section 78-c to
read as follows:
  S 78-C. NEW YORK STATE PRE-PAID TUITION PLAN FUND. 1. THERE IS  HEREBY
ESTABLISHED  IN THE SOLE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND
TO BE KNOWN AS THE NEW  YORK  STATE  PRE-PAID  TUITION  PLAN  FUND.  ALL
PAYMENTS  FROM  SUCH FUND SHALL BE MADE IN ACCORDANCE WITH SECTION THREE
HUNDRED FIFTY-FIVE-D OF THE EDUCATION LAW.
  2. (A) THE COMPTROLLER SHALL INVEST THE ASSETS OF THE FUND IN  INVEST-
MENTS AUTHORIZED BY ARTICLE FOUR-A OF THE RETIREMENT AND SOCIAL SECURITY
LAW, PROVIDED HOWEVER, THAT:
  (I)  THE PROVISIONS OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION ONE
HUNDRED SEVENTY-SEVEN OF THE RETIREMENT AND SOCIAL  SECURITY  LAW  SHALL
NOT  APPLY  EXCEPT  FOR  SUBPARAGRAPH  (II)  OF SUCH PARAGRAPH; AND (II)
NOTWITHSTANDING THE PROVISIONS  OF  SUBDIVISION  SEVEN  OF  SECTION  ONE
HUNDRED  SEVENTY-SEVEN  OF THE RETIREMENT AND SOCIAL SECURITY LAW OR ANY
OTHER LAW TO THE CONTRARY, THE ASSETS OF THE FUND MAY BE INVESTED IN ANY
FUNDING AGREEMENT ISSUED IN ACCORDANCE WITH SECTION THREE  THOUSAND  TWO
HUNDRED  TWENTY-TWO  OF  THE  INSURANCE LAW BY A DOMESTIC LIFE INSURANCE
COMPANY OR A FOREIGN LIFE  INSURANCE  COMPANY  DOING  BUSINESS  IN  THIS
STATE, SUBJECT TO THE FOLLOWING:
  (1) SUCH A FUNDING AGREEMENT MAY PROVIDE FOR A GUARANTEED MINIMUM RATE
OF RETURN;
  (2)  SUCH  A  FUNDING  AGREEMENT MAY BE ALLOCATED AS EITHER A SEPARATE
ACCOUNT OR A GENERAL ACCOUNT OF  THE  ISSUER,  AS  THE  COMPTROLLER  MAY
DECIDE;
  (3)  TOTAL  INVESTMENTS  OF THE FUND PURSUANT TO THIS PARAGRAPH IN ANY
FUNDING AGREEMENTS ISSUED BY A SINGLE LIFE INSURANCE COMPANY  WHICH  ARE
ALLOCATED  AS  A  GENERAL ACCOUNT OF THE ISSUER SHALL NOT, IN THE AGGRE-
GATE, EXCEED THREE HUNDRED FIFTY MILLION DOLLARS; AND
  (4) NO ASSETS OF THE FUND SHALL BE INVESTED IN ANY SUCH FUNDING AGREE-
MENT UNLESS, AT THE TIME OF SUCH INVESTMENT, THE GENERAL OBLIGATIONS  OR
FINANCIAL  STRENGTH  OF  THE  ISSUER HAVE RECEIVED EITHER THE HIGHEST OR
SECOND HIGHEST RATING BY TWO NATIONALLY RECOGNIZED RATING SERVICES OR BY
ONE NATIONALLY RECOGNIZED RATING SERVICE IN THE EVENT THAT ONLY ONE SUCH
SERVICE RATES SUCH OBLIGATIONS.
  (B) FUND ASSETS SHALL BE KEPT SEPARATE AND  SHALL  NOT  BE  COMMINGLED
WITH  OTHER  ASSETS. THE COMPTROLLER MAY ENTER INTO CONTRACTS TO PROVIDE
FOR INVESTMENT ADVICE  AND  MANAGEMENT,  CUSTODIAL  SERVICES  AND  OTHER
PROFESSIONAL SERVICES FOR THE ADMINISTRATION AND INVESTMENT OF THE PLAN.
ADMINISTRATIVE  FEES,  COSTS AND EXPENSES, INCLUDING INVESTMENT FEES AND
EXPENSES, SHALL BE PAID FROM THE ASSETS OF THE FUND.
  3. THE COMPTROLLER SHALL PROVIDE FOR THE ADMINISTRATION OF  THE  TRUST
FUND,  INCLUDING  MAINTAINING  PARTICIPANT  RECORDS  AND  ACCOUNTS,  AND
PROVIDING  ANNUAL  AUDITED  REPORTS.  THE  COMPTROLLER  MAY  ENTER  INTO
CONTRACTS TO PROVIDE ADMINISTRATIVE SERVICES AND REPORTING.

S. 6356--C                         78

  S  3.  Section  5205 of the civil practice law and rules is amended by
adding a new subdivision (p) to read as follows:
  (P)  EXEMPTION FOR NEW YORK STATE PRE-PAID TUITION PLAN MONIES. MONIES
IN AN ACCOUNT CREATED PURSUANT TO SECTION THREE HUNDRED FIFTY FIVE-D  OF
THE  EDUCATION  LAW ARE EXEMPT FROM APPLICATION TO THE SATISFACTION OF A
MONEY JUDGMENT AS FOLLOWS:
  1. ONE HUNDRED PERCENT OF MONIES IN AN ACCOUNT IN  CONNECTION  WITH  A
PRE-PAID  TUITION  PLAN  ESTABLISHED PURSUANT TO SUCH ARTICLE IS EXEMPT;
AND
  2. ONE HUNDRED PERCENT OF MONIES IN AN ACCOUNT  IS  EXEMPT  WHERE  THE
JUDGMENT  DEBTOR  IS THE ACCOUNT OWNER OR DESIGNATED BENEFICIARY OF SUCH
ACCOUNT.
  FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS  "ACCOUNT  OWNER"  AND
"DESIGNATED  BENEFICIARY"  SHALL  HAVE  THE MEANINGS ASCRIBED TO THEM IN
ARTICLE FOURTEEN-A OF THE EDUCATION LAW.
  S 4. Paragraph 34 of subsection (b) of section 612 of the tax law,  as
amended  by chapter 535 of the laws of 2000, subparagraph (B) as amended
by chapter 593 of the laws of 2003, is amended to read as follows:
  (34) (A) Excess distributions received during the taxable  year  by  a
distributee  of  a family tuition account established under the New York
state college choice tuition savings program provided for under  article
fourteen-A of the education law, OR OF A PRE-PAID TUITION ACCOUNT ESTAB-
LISHED  PURSUANT  TO SECTION THREE HUNDRED FIFTY-FIVE-D OF THE EDUCATION
LAW, to the extent such excess distributions are deemed attributable  to
deductible contributions under paragraph thirty-two of subsection (c) of
this section.
  (B)  (i) The term "excess distributions" means distributions which are
not
  (I) qualified withdrawals within the meaning of  subdivision  nine  of
section  six  hundred ninety-five-b OR PARAGRAPH L OF SUBDIVISION ONE OF
SECTION THREE HUNDRED FIFTY-FIVE-D of the education law;
  (II) withdrawals made as a result of the death or  disability  of  the
designated  beneficiary within the meaning of subdivision ten of section
six hundred ninety-five-b OR PARAGRAPH I OF SUBDIVISION ONE  OF  SECTION
THREE HUNDRED FIFTY-FIVE-D of such law; or
  (III) transfers described in paragraph b of subdivision six of section
six hundred ninety-five-e of such law.
  (ii)  Excess  distributions shall be deemed attributable to deductible
contributions to the extent the amount of any such excess  distribution,
when  added  to  all  previous  excess  distributions  from the account,
exceeds the aggregate of all nondeductible contributions to the account.
  S 5. Paragraphs 32 and 33 of subsection (c) of section 612 of the  tax
law, paragraph 32 as amended by chapter 81 of the laws of 2008 and para-
graph  33  as  added  by chapter 546 of the laws of 1997, are amended to
read as follows:
  (32) Contributions made during the taxable year by an account owner to
one or more family tuition accounts established under the New York state
college choice tuition savings program provided for under article  four-
teen-A,  OR  TO  A  PRE-PAID  TUITION  ACCOUNT PURSUANT TO SECTION THREE
HUNDRED FIFTY-FIVE-D of the education law, to the extent not  deductible
or eligible for credit for federal income tax purposes, provided, howev-
er, the exclusion provided for in this paragraph shall not exceed [five]
TEN  thousand  dollars  for  an individual or head of household, and for
married couples who file joint tax returns, shall not exceed [ten] TWEN-
TY thousand dollars; provided, further, that  such  exclusion  shall  be
available only to the account owner and not to any other person.

S. 6356--C                         79

  (33) Distributions from a family tuition account established under the
New York state college choice tuition savings program provided for under
article  fourteen-A,  OR  FROM  A  PRE-PAID  TUITION ACCOUNT PURSUANT TO
SECTION THREE HUNDRED FIFTY-FIVE-D of the education law, to  the  extent
includible in gross income for federal income tax purposes.
  S 6. This act shall take effect immediately and shall apply to taxable
years commencing after December 31, 2014.

                                 PART Y

  Section 1. The education law is amended by adding a new section 6303-b
to read as follows:
  S  6303-B.  RETRAIN  AND EMPLOY UNEMPLOYED PERSONS PROGRAM.  1.  DEFI-
NITIONS. AS USED IN THIS SECTION THE  FOLLOWING  TERMS  SHALL  HAVE  THE
FOLLOWING MEANINGS.
  (A)  "GRANT  PROGRAM"  SHALL  MEAN  THE  RETRAIN AND EMPLOY UNEMPLOYED
PERSONS PROGRAM OR THE RE-UP NEW YORK PROGRAM.
  (B) "TRAINING PROGRAM OR WORKFORCE DEVELOPMENT PROGRAM" SHALL MEAN THE
COMMUNITY COLLEGE PROGRAMS CREATED OR IMPROVED  PURSUANT  TO  THE  GRANT
PROGRAM.
  (C)  "BOCES"  SHALL MEAN BOARDS OF COOPERATIVE EDUCATIONAL SERVICES AS
DEFINED IN ARTICLE FORTY OF THIS CHAPTER.
  2. BY NO LATER THAN JULY FIRST, TWO THOUSAND FIFTEEN THE STATE UNIVER-
SITY BOARDS OF TRUSTEES AND THE CITY UNIVERSITY BOARDS OF TRUSTEES SHALL
ESTABLISH A GRANT PROGRAM FOR COMMUNITY  COLLEGES  TO  DEVELOP  TRAINING
PROGRAMS  OR  IMPROVE  EXISTING  WORKFORCE  DEVELOPMENT PROGRAMS FOR THE
PURPOSES OF TRAINING UNEMPLOYED INDIVIDUALS  FOR  JOBS  IN  THE  REGIONS
SURROUNDING EACH COMMUNITY COLLEGES.
  3.  GRANTS  SHALL BE AWARDED PURSUANT TO APPROPRIATION IN AN AMOUNT UP
TO FIVE HUNDRED THOUSAND DOLLARS TO COMMUNITY COLLEGES THAT  CAN  DEMON-
STRATE  THAT  SUCH  TRAINING  PROGRAMS OR WORKFORCE DEVELOPMENT PROGRAMS
WILL PROVIDE THE REQUISITE TRAINING REQUIRED FOR JOB PLACEMENT IN  BUSI-
NESSES  AND  INDUSTRIES  WITHIN THE REGION THAT LACK THE NECESSARY WORK-
FORCE OR THAT ARE SEEKING EMPLOYEES WITH NEW SKILLS IN AN AREA WHERE JOB
OPENINGS CURRENTLY EXIST OR WHERE JOB GROWTH IS ANTICIPATED IN THE  NEAR
FUTURE.
  4.  TO  BE  ELIGIBLE TO RECEIVE A GRANT, A COMMUNITY COLLEGE MUST ALSO
DEMONSTRATE THAT SUCH COMMUNITY COLLEGE: (A) HAS PARTNERED WITH REGIONAL
BUSINESSES OR INDUSTRIES TO DETERMINE AREAS WHERE JOBS ARE AVAILABLE  OR
ARE  ANTICIPATED  TO BECOME AVAILABLE AND A SKILLED WORKFORCE IS NEEDED;
AND (B) CONSULTS WITH THE DEPARTMENT OF LABOR TO TARGET UNEMPLOYED INDI-
VIDUALS WHO  SHALL  BE  GIVEN  PRIORITY  PLACEMENT  INTO  SUCH  TRAINING
PROGRAMS OR WORKFORCE DEVELOPMENT PROGRAMS.
  5. UPON SUCCESSFUL PLACEMENT OF TRAINING PROGRAM OR WORKFORCE DEVELOP-
MENT  PROGRAM  PARTICIPANTS,  LOCAL  BUSINESSES OR INDUSTRIES PARTNERING
WITH COMMUNITY COLLEGES PURSUANT TO THIS GRANT PROGRAM  SHALL  REIMBURSE
THE COMMUNITY COLLEGES FOR ONE THIRD OF THE COST OF SUCH EMPLOYEE TRAIN-
ING.
  6. COMMUNITY COLLEGES MAY SEEK TO PROVIDE ON-SITE TRAINING OR MAY SEEK
TO HAVE PARTICIPANTS TRAINED ON JOB SITES.
  7.  THE  COMMUNITY  COLLEGE,  IN  CONSULTATION  WITH LOCAL BUSINESS OR
INDUSTRY, SHALL DETERMINE THE  LENGTH  OF  SUCH  TRAINING  OR  WORKFORCE
DEVELOPMENT PROGRAM, PROVIDED THAT SUCH PROGRAM SHALL PROVIDE COMPETENCY
FOR  A  PARTICULAR  BUSINESS  OR INDUSTRY NEED. SUCCESSFUL COMPLETION OF
SUCH PROGRAMS SHALL BE SIGNIFIED BY THE  RECEIPT  OF  A  CERTIFICATE  OF
COMPLETION, HOWEVER, TRAINING OR WORKFORCE DEVELOPMENT PROGRAMS NEED NOT

S. 6356--C                         80

LEAD TO DEGREES OR OFFICIAL CERTIFICATIONS PROVIDED BY THE DEPARTMENT OR
THE DEPARTMENT OF STATE.
  8. BEGINNING IN THE YEAR TWO THOUSAND SIXTEEN AND THEREAFTER, PURSUANT
TO  APPROPRIATION  AND  BASED  ON  THE  AVAILABILITY OF FUNDS, COMMUNITY
COLLEGES SHALL BE ELIGIBLE  TO  RECEIVE  AN  ADDITIONAL  FIFTY  THOUSAND
DOLLARS  IN  ANY  YEAR THAT MORE THAN FIFTY PERCENT OF ALL GRANT PROGRAM
PARTICIPANTS TRAINED BECOME EMPLOYED.
  9. SUNY AND CUNY BOARDS OF TRUSTEES SHALL ALSO CONSULT  WITH  REGIONAL
BOCES  TO  DEVELOP OR IMPROVE CAREER TRAINING PROGRAMS THAT WILL PARTNER
WITH COMMUNITY COLLEGES AND BUSINESS INDUSTRIES TO TRAIN  MIDDLE  SCHOOL
OR  HIGH SCHOOL STUDENTS. IN ORDER TO BE ELIGIBLE FOR A GRANT UNDER THIS
SUBDIVISION, SUCH CAREER TRAINING PROGRAMS SHALL RESULT IN  HIGH  SCHOOL
GRADUATION  AND  ENROLLMENT IN A COMMUNITY COLLEGE OR PARTICIPATION IN A
RE-UP NEW YORK TRAINING OR WORKFORCE DEVELOPMENT PROGRAM. A  PORTION  OF
THE  FUNDING  FOR  THE BOCES, COMMUNITY COLLEGE AND INDUSTRY PARTNERSHIP
MAY BE FUNDED BY THE PARTICIPATING BUSINESS OR INDUSTRY.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section 1. Subdivision 2 of  section  355  of  the  education  law  is
amended by adding a new paragraph f-1 to read as follows:
  F-1.  (1) THE STATE UNIVERSITY BOARD OF TRUSTEES, IN CONSULTATION WITH
THE DEPARTMENT, SHALL: (I) IDENTIFY BACCALAUREATE DEGREE  PROGRAMS  THAT
COULD  BE  OFFERED  AT  REDUCED  RATES  BY  REQUIRING  FEWER CREDITS FOR
COMPLETION AND BY BEING PROVIDED EXCLUSIVELY AS  ON-LINE  PROGRAMS;  AND
(II)  DEVELOP  CRITERIA  FOR  THE CREATION OF AN ACCELERATED PROFICIENCY
DEGREE (APD) TO BE OFFERED AT FOUR STATE UNIVERSITY OF  NEW  YORK  STATE
OPERATED  INSTITUTIONS  TO  BE  CHOSEN  BY THE STATE UNIVERSITY BOARD OF
TRUSTEES IN CONSULTATION WITH THE COLLEGE  PRESIDENTS  AND  THE  COLLEGE
COUNCILS.
  (2)  APD  PROGRAMS SHALL CONSIST OF CONCENTRATED COURSES OF STUDY THAT
SHALL BE COMPLETED WITHIN THREE YEARS. APD PROGRAMS MAY ACCEPT  AND  MAY
APPLY  PREVIOUSLY  EARNED CREDITS, EXPERIENCE CREDITS, MILITARY CREDITS,
COMPETENCY BASED EDUCATION AS DEFINED BY FEDERAL REGULATION OR ANY OTHER
CRITERIA THAT LEAD TO PROFICIENCY IN AN APD PROGRAM AREA  TOWARD  DEGREE
COMPLETION.
  (3)  BEGINNING IN THE ACADEMIC YEAR TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN, APD PROGRAMS SHALL BE OPEN TO ENROLLMENT.
  (4) THE TOTAL COST OF TUITION AND FEES CHARGED TO THE STUDENT ENROLLED
IN AN APD PROGRAM SHALL NOT EXCEED TWELVE THOUSAND DOLLARS.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Paragraphs 6 and 7 of subsection (c) of section 301 of  the
financial  services  law  are  amended and a new paragraph 8 is added to
read as follows:
  (6) providing technical assistance to local governments  and  not-for-
profits  in the development of consumer protection measures with respect
to financial products and services; [and]
  (7)  continuing  and  expanding  the  detection,   investigation   and
prevention of insurance fraud[.]; AND
  (8)  ESTABLISHING  AND ADMINISTERING THE "STUDENT LENDING TRANSPARENCY
PROGRAM" PURSUANT TO ARTICLE SIX OF THIS CHAPTER.

S. 6356--C                         81

  S 2. The financial services law is amended by adding a new  article  6
to read as follows:
                                ARTICLE 6
                  STUDENT LENDING TRANSPARENCY PROGRAM
SECTION 601. DEFINITIONS.
        602. STUDENT LENDING TRANSPARENCY PROGRAM.
        603. RULES AND REGULATIONS.
  S 601. DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN-
INGS WHEN USED IN THIS ARTICLE:
  (A)  "PRIVATE  STUDENT  LOANS"  SHALL  MEAN A PRIVATE LOAN ISSUED BY A
PRIVATE LENDING INSTITUTION FOR THE PURPOSES OF PAYING FOR OR  FINANCING
HIGHER EDUCATION EXPENSES.
  (B) "PRIVATE LENDING INSTITUTIONS" OR "PRIVATE LENDERS" SHALL MEAN ANY
PRIVATE  ENTITY  THAT  ITSELF  OR  THROUGH  AN AFFILIATE MAKES AVAILABLE
STUDENT LOANS TO PAY FOR OR FINANCE HIGHER EDUCATION EXPENSES.
  (C) "STUDENT BORROWER" SHALL MEAN ANY  INDIVIDUAL  WHO  BORROWS  MONEY
FROM A PRIVATE LENDING INSTITUTION TO FINANCE HIGHER EDUCATION EXPENSES.
  (D) "HIGHER EDUCATION EXPENSES" SHALL INCLUDE THE FOLLOWING:
  (1) TUITION AND FEES;
  (2) BOOKS AND SUPPLIES; AND
  (3) ROOM AND BOARD.
  S  602.  STUDENT  LENDING TRANSPARENCY PROGRAM. (A) THE SUPERINTENDENT
SHALL ESTABLISH A PROGRAM TO COMPILE DATA  RELATED  TO  PRIVATE  STUDENT
LOANS FOR THE PURPOSE OF COMPARING PRIVATE LENDING INSTITUTION'S STUDENT
LOAN  INTEREST RATES AND REPAYMENT PLANS, INCLUDING POLICIES RELATING TO
DEFERMENT AND FORBEARANCE, DEFAULT POLICIES AND PENALTIES, AND ANY OTHER
INFORMATION THAT THE SUPERINTENDENT DEEMS RELEVANT FOR  THE  PURPOSE  OF
CREATING A LIST OF PRIVATE LENDERS WHO PROVIDE THE LOWEST RATES AND BEST
REPAYMENT OPTIONS ON STUDENT LOANS. SUCH LIST SHALL BE CREATED AND MAIN-
TAINED  BY  THE SUPERINTENDENT OR HIS DESIGNEE AND SHALL BE PLACED ON AN
EASILY ACCESSIBLE WEBSITE THAT SHALL BE MADE AVAILABLE TO BE  LINKED  TO
THE  WEBSITE  OF  THE  HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO
SUBDIVISION THIRTEEN OF SECTION SIX HUNDRED FIFTY-FIVE OF THE  EDUCATION
LAW  AND TO COLLEGES AND UNIVERSITIES WEBSITES PURSUANT TO ARTICLE FOUR-
TEEN-B OF THE EDUCATION LAW.
  (B) SUCH WEBSITE SHALL BE UPDATED ON A MONTHLY BASIS  TO  ENSURE  THAT
THE STUDENT LOAN INFORMATION IS CURRENT AND ACCURATE. THE SUPERINTENDENT
OR  HIS OR HER DESIGNEE SHALL COMPILE A LIST OF THE TOP TEN BEST PRIVATE
LENDING INSTITUTIONS BASED UPON RATES AND POLICIES THAT ARE MOST FAVORA-
BLE TO THE STUDENT BORROWER. THE SUPERINTENDENT MAY  ALSO  CONSIDER  THE
PRIVATE LENDING INSTITUTIONS POLICIES FOR ALLOWING A STUDENT BORROWER TO
BORROW  MORE THAN TEN PERCENT OVER SUCH STUDENT BORROWER'S TOTAL COST OF
HIGHER EDUCATION EXPENSES WHEN DETERMINING IF A PRIVATE LENDING INSTITU-
TION SHOULD BE PLACED ON SUCH LIST. INFORMATION  PERTAINING  TO  LENDING
INSTITUTIONS  THAT  DO NOT MAKE THE TOP TEN LIST SHALL ALSO BE POSTED ON
SUCH WEBSITE AND THOSE LENDING INSTITUTIONS THAT PROVIDE THE WORST RATES
AND STRICTEST REPAYMENT OPTIONS SHALL BE CLEARLY INDICATED.
  S 603. RULES AND REGULATIONS. THE SUPERINTENDENT SHALL PROMULGATE  ALL
RULES AND REGULATIONS NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
  S  3.  Section  655  of  the  education law is amended by adding a new
subdivision 13 to read as follows:
  13. TO CREATE A LINK ON THE CORPORATION'S WEBSITE TO THE DEPARTMENT OF
FINANCIAL SERVICES WEBSITE PURSUANT TO SUBSECTION  (A)  OF  SECTION  SIX
HUNDRED TWO OF THE FINANCIAL SERVICES LAW.
  S 4. The education law is amended by adding a new article 14-B to read
as follows:

S. 6356--C                         82

                              ARTICLE 14-B
                  STUDENT LENDING TRANSPARENCY PROGRAM
SECTION 697. CREATION OF PROGRAM.
        698. ACCESS TO INFORMATION.
        699. LINKS TO DEPARTMENT OF FINANCIAL SERVICES.
  S  697.  CREATION OF PROGRAM. THE STUDENT LENDING TRANSPARENCY PROGRAM
IS HEREBY ESTABLISHED TO ENSURE THAT NEW YORK STATE COLLEGES PROVIDE THE
MOST ACCURATE AND TRANSPARENT INFORMATION WITH REGARD TO STUDENT LOANS.
  S 698. ACCESS TO INFORMATION. NOTWITHSTANDING ANY OTHER LAW,  RULE  OR
REGULATION  TO  THE  CONTRARY,  NEW  YORK  STATE  COLLEGES AS DEFINED IN
SECTION SIX HUNDRED ONE OF THIS TITLE, SHALL BE REQUIRED  THROUGH  THEIR
FINANCIAL  AID  OFFICES  TO  PROVIDE  TO  PROSPECTIVE  OR NEWLY ACCEPTED
STUDENTS AND PARENTS CLEARLY OUTLINED AND EASY TO UNDERSTAND INFORMATION
PERTAINING TO THE TOTAL COST OF ATTENDANCE  AT  THEIR  INSTITUTION,  THE
APPROXIMATE  OR  ACTUAL TOTAL AMOUNT OF FINANCIAL AID THEY WOULD RECEIVE
FROM SUCH INSTITUTION AND THE APPROXIMATE  OR  ACTUAL  TOTAL  AMOUNT  OF
STUDENT LOAN DEBT THEY WOULD ACCUMULATE OVER THE COURSE OF FOUR YEARS IF
THEY  ATTENDED  SUCH COLLEGE. THE INFORMATION PROVIDED MUST ALSO INCLUDE
STUDENT LOAN RATES, INFORMATION ON REPAYMENT PLANS AND DEFAULT RATES AND
THE ACTUAL COST OF THE AVERAGE MONTHLY PAYMENT THAT  WOULD  BE  REQUIRED
UPON GRADUATION WHEN SUCH LOANS WOULD BECOME DUE.
  S  699.  LINKS  TO  DEPARTMENT  OF  FINANCIAL SERVICES. NEW YORK STATE
COLLEGES THAT  MAINTAIN  AN  OFFICIAL  COLLEGE  WEBSITE  SHALL  ALSO  BE
REQUIRED  TO  ADD  A LINK ON EACH OF THEIR WEBSITES TO THE DEPARTMENT OF
FINANCIAL SERVICES  WEBSITE  ON  STUDENT  LENDING  TRANSPARENCY  CREATED
PURSUANT TO ARTICLE SIX OF THE FINANCIAL SERVICES LAW.
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

                                 PART BB

  Section  1.  Subdivision  5 of section 2556 of the education law, such
section as renumbered by chapter 762 of the laws of 1950, is amended  to
read as follows:
  5.  It  shall  be  unlawful for a schoolhouse to be constructed in the
city of New York without an open-air playground attached to or  used  in
connection  with  the  same.    EXISTING  PLAYGROUNDS SHALL NOT BE SOLD,
LEASED OR TRANSFERRED, OR PERMANENTLY AUTHORIZED FOR OTHER USES SUCH  AS
SCHOOL BUILDING CONSTRUCTION, RENOVATION, PLACEMENT OR STORAGE OF BUILD-
ING  MATERIALS  FOR SUCH WORK THAT WOULD ELIMINATE THE USE OF SUCH PLAY-
GROUND SPACE FOR OUTDOOR RECREATIONAL ACTIVITIES UNLESS A PLAN IS ESTAB-
LISHED  AND  IMPLEMENTED  TO  PROVIDE  SUITABLE  AND  ADEQUATE  PHYSICAL
ACTIVITIES  OR  SPACE TO ACCOMMODATE THE PHYSICAL AND RECREATIONAL NEEDS
OF THE PUPILS OF SUCH BUILDING.   THE  PROVISIONS  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO  SCHOOL CONSTRUCTION OR RENOVATION ACTIVITIES THAT
OCCUR ON OR REQUIRE THE USE OF SUCH PLAYGROUNDS FOR  A  DURATION  OF  NO
MORE THAN ONE YEAR.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have become a law; provided however, that the commissioner of
education is authorized and directed to promulgate any  rules  or  regu-
lations necessary for the timely implementation of this act on or before
such date.

                                 PART CC

S. 6356--C                         83

  Section  1. The private housing finance law is amended by adding a new
article 28 to read as follows:
                              ARTICLE XXVIII
               NEW YORK ACCESS TO HOME FOR HEROES PROGRAM
SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
        1241. DEFINITIONS.
        1242. ACCESS TO HOME FOR HEROES CONTRACTS.
  S 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY  FINDS AND DECLARES THAT MANY DISABLED VETERANS IN NEW YORK STATE
FACE A SIGNIFICANT IMPEDIMENT TO ACCESSIBLE AND AFFORDABLE HOUSING AS  A
RESULT  OF SERVICE RELATED INJURIES, AGE OR HEALTH RELATED DISABILITIES.
THESE MEN AND WOMEN HAVE SERVED OUR COUNTRY AND  STATE  WITH  HONOR  AND
DISTINCTION  AND  DESERVE TO ACHIEVE MAXIMUM INDEPENDENCE, SOCIAL INTER-
ACTION AND COMMUNITY INTEGRATION. PROVIDING  FINANCIAL  ASSISTANCE  WITH
THE  COST  OF  ADAPTING  THE DWELLING UNITS OF OUR DISABLED VETERANS, IS
FUNDAMENTAL TO PROVIDING FOR THE PROMISE OF LIVING  SAFELY,  COMFORTABLY
AND PRODUCTIVELY IN THE MOST INTEGRATED SETTING OF THEIR CHOICE.
  S  1241.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "CORPORATION" SHALL
MEAN  THE  HOUSING  TRUST  FUND  CORPORATION  ESTABLISHED   IN   SECTION
FORTY-FIVE-A OF THIS CHAPTER.
  2.   "ELIGIBLE   APPLICANT"  SHALL  MEAN  A  CITY,  TOWN,  VILLAGE  OR
NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A  PERIOD  OF  ONE  OR  MORE
YEARS  PRIOR  TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD,
INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW AND  HAS  SUBSTAN-
TIAL EXPERIENCE IN ADAPTING OR RETROFITTING HOMES FOR PERSONS WITH DISA-
BILITIES.
  3.  "VETERAN"  SHALL  MEAN A RESIDENT OF THIS STATE, WHO HAS SERVED ON
ACTIVE DUTY IN  THE UNITED STATES ARMY, NAVY, AIR FORCE,  MARINE  CORPS,
COAST  GUARD,  AND/OR  THE  ARMY NATIONAL GUARD, AIR NATIONAL GUARD, NEW
YORK GUARD AND/OR THE NEW YORK NAVAL MILITIA, WHO HAS BEEN RELEASED FROM
SUCH SERVICE BY HONORABLE DISCHARGE OR GENERAL DISCHARGE.
  4. "DISABLED VETERAN" SHALL MEAN A VETERAN WHO  IS  CERTIFIED  BY  THE
UNITED  STATES  DEPARTMENT  OF  VETERANS  AFFAIRS  OR  THE DEPARTMENT OF
DEFENSE AS ENTITLED TO RECEIVE  DISABILITY  PAYMENTS  UPON  THE  CERTIF-
ICATION  OF  SUCH  DEPARTMENT FOR A DISABILITY INCURRED BY HIM OR HER IN
TIME OF WAR.
  5. "ACCESS TO HOME FOR HEROES PROGRAMS" OR  "PROGRAMS"  SHALL  MEAN  A
SERIES  OF  ACTIVITIES  BY  AN ELIGIBLE APPLICANT TO ADMINISTER FUNDS TO
PROVIDE GRANTS TO HOMEOWNERS AND RENTERS AND TO OVERSEE  THE  ADAPTATION
OR RETROFITTING OF ELIGIBLE PROPERTIES.
  6.  "ELIGIBLE  PROPERTY" SHALL MEAN A HOUSING UNIT THAT IS THE PRIMARY
RESIDENCE OF A DISABLED VETERAN OR VETERAN WITH  A  PHYSICAL  DISABILITY
AND A TOTAL HOUSEHOLD INCOME THAT DOES NOT EXCEED ONE HUNDRED AND TWENTY
PERCENT  OF  AREA  MEDIAN  INCOME. A PROPERTY SHALL NOT BE CONSIDERED AN
ELIGIBLE PROPERTY IF THE OWNER OF THE PROPERTY IS OTHERWISE OBLIGATED BY
FEDERAL, STATE OR LOCAL LAW TO PROVIDE  THE  IMPROVEMENTS  FUNDED  UNDER
THIS ARTICLE.
  S  1242.  ACCESS  TO HOME FOR HEROES CONTRACTS. 1. WITHIN THE LIMIT OF
FUNDS AVAILABLE IN THE ACCESS TO HOME FOR  HEROES  PROGRAM,  THE  CORPO-
RATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLI-
CANTS  TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF AN ACCESS
TO HOME FOR HEROES PROGRAM. THE FINANCIAL ASSISTANCE  SHALL  BE  IN  THE
FORM  OF  GRANTS. NO MORE THAN FIFTY PERCENT OF THE TOTAL AMOUNT AWARDED
PURSUANT TO THIS ARTICLE IS ANY FISCAL YEAR SHALL BE ALLOCATED TO ACCESS
TO HOME PROGRAMS LOCATED WITHIN ANY SINGLE MUNICIPALITY. THE CORPORATION
SHALL MAKE A CONCERTED EFFORT TO PROVIDE GEOGRAPHIC DISTRIBUTION IN  THE

S. 6356--C                         84

AWARDING  OF  PROGRAM FUNDS TO AFFORD MAXIMUM STATEWIDE IMPACT FOR DISA-
BLED VETERANS.
  2.  THE  TOTAL  PAYMENT  PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED
FIVE HUNDRED  THOUSAND  DOLLARS  AND  THE  CONTRACT  SHALL  PROVIDE  FOR
COMPLETION OF THE PROGRAM WITHIN A REASONABLE PERIOD, AS SPECIFIED THER-
EIN,  WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCE-
MENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE  CONTRACT
FOR  UP  TO  TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE
ELIGIBLE APPLICANT.
  3. THE CORPORATION MAY AUTHORIZE THE ELIGIBLE APPLICANT TO SPEND UP TO
SEVEN AND ONE-HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED  ADMINIS-
TRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROGRAM.
  4.  THE  CORPORATION  SHALL  REQUIRE  THAT,  IN ORDER TO RECEIVE FUNDS
PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT  SHALL  SUBMIT  A  PLAN
WHICH  SHALL INCLUDE, BUT NOT BE LIMITED TO, PROGRAM FEASIBILITY, IMPACT
ON THE COMMUNITY, BUDGET FOR EXPENDITURE OF PROGRAM  FUNDS,  A  SCHEDULE
FOR  COMPLETION OF THE PROGRAM, AFFIRMATIVE ACTION AND MINORITY BUSINESS
PARTICIPATION.
  S 2. This act shall take effect immediately.

                                 PART DD

  Section 1. The education law is amended by adding a new section  679-f
to read as follows:
  S  679-F.  NEW  YORK  STATE  YOUNG  FARMERS LOAN FORGIVENESS INCENTIVE
PROGRAM. 1. PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN  FORGIVENESS
AWARDS  FOR  THE  PURPOSE OF ALLEVIATING THE BURDEN OF STUDENT LOAN DEBT
FOR YOUNG FARMERS. SUCH AWARDS SHALL BE MADE ON A COMPETITIVE BASIS,  IN
ACCORDANCE WITH RULES AND REGULATIONS PROMULGATED BY THE CORPORATION FOR
SUCH  PURPOSES,  TO  APPLICANTS  WHO MEET THE ELIGIBILITY CRITERIA. SUCH
RULES AND REGULATIONS SHALL INCLUDE PROVISIONS FOR THE CONSIDERATION  OF
APPLICANTS WHO ARE ECONOMICALLY DISADVANTAGED.
  2.  ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
APPLICANTS SHALL: (A) HAVE GRADUATED  AND  OBTAINED  A  DEGREE  FROM  AN
APPROVED  NEW  YORK STATE COLLEGE OR UNIVERSITY; (B) HAVE AN OUTSTANDING
STUDENT LOAN DEBT FROM OBTAINING SUCH DEGREE; (C) OPERATE A FARM IN  NEW
YORK  STATE ON A FULL-TIME BASIS; (D) AGREE TO OPERATE SUCH FARM FOR THE
DURATION OF NO LESS THAN FIVE YEARS; (E) APPLY FOR THIS  PROGRAM  WITHIN
TWO  YEARS OF COLLEGE GRADUATION; AND (F) COMPLY WITH SUBDIVISIONS THREE
AND FIVE OF SECTION SIX HUNDRED SIXTY-ONE OF THIS PART.
  3. AWARDS. NO GREATER THAN TEN AWARDS SHALL BE  GRANTED  TO  QUALIFIED
APPLICANTS  IN  THE  AMOUNT  OF UP TO TEN THOUSAND DOLLARS PER YEAR, PER
APPLICANT, NOT TO EXCEED A DURATION OF FIVE YEARS AND NOT TO EXCEED  THE
TOTAL  AMOUNT  OF  SUCH  APPLICANT'S  STUDENT LOAN DEBT. THE CORPORATION
SHALL GRANT SUCH AWARDS WITHIN AMOUNTS APPROPRIATED  FOR  SUCH  PURPOSES
AND  BASED  ON THE AVAILABILITY OF FUNDS. NO ONE APPLICANT SHALL RECEIVE
MORE THAN A TOTAL OF FIFTY THOUSAND DOLLARS UPON THE END OF A FIVE  YEAR
PERIOD.
  4.  PRIORITY.  FIRST  PRIORITY  SHALL  BE  GIVEN TO APPLICANTS WHO ARE
COMPLETING THE SECOND, THIRD, FOURTH OR FIFTH  YEAR  OF  FULL-TIME  FARM
OPERATION  AND  ARE  RE-APPLYING TO RECEIVE AN AWARD UNDER THIS PROGRAM.
SECOND PRIORITY SHALL BE GIVEN  TO  AN  APPLICANT  WHO  CAN  DEMONSTRATE
ECONOMIC NEED BUT DID NOT RECEIVE AN AWARD DURING THE FIRST YEAR OF THIS
PROGRAM'S OPERATION. IF LARGER NUMBERS OF APPLICANTS ARE ELIGIBLE PURSU-
ANT TO THIS SUBDIVISION THAN FUNDS AVAILABLE, APPLICANTS SHALL BE CHOSEN
PURSUANT  TO  RULES  AND  REGULATIONS  PROMULGATED  BY  THE CORPORATION.

S. 6356--C                         85

PROVIDED, HOWEVER, THAT EACH APPLICANT CHOSEN SHALL RECEIVE AN AWARD  OF
UP  TO TEN THOUSAND DOLLARS IN EACH YEAR SUCH APPLICANT IS ACCEPTED INTO
THE PROGRAM.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided, however that any rules or regu-
lations necessary for the timely  implementation  of  this  act  on  its
effective date may be promulgated on or before such effective date.

                                 PART EE

  Section  1. Article 13 of the executive law is amended by adding a new
section 260-a to read as follows:
  S 260-A. INTER-AGENCY AFFORDABLE HOUSING DEVELOPMENT TASK FORCE.    1.
THERE SHALL BE ESTABLISHED AN INTER-AGENCY AFFORDABLE HOUSING TASK FORCE
TO  IDENTIFY  HOW  STATE AGENCIES, PUBLIC AUTHORITIES AND MUNICIPALITIES
CAN ASSIST IN THE CREATION OF ADDITIONAL AFFORDABLE HOUSING THROUGH  THE
EASING  OF REGULATORY BURDENS, AND MAKING VACANT OR UNDERUTILIZED PUBLIC
ASSETS SUITABLE FOR AFFORDABLE HOUSING DEVELOPMENT AVAILABLE TO ENTITIES
THAT DEVELOP AFFORDABLE HOUSING.
  2. AS USED IN THIS SECTION:
  (A) "METROPOLITAN TRANSPORTATION AUTHORITY" MEANS THE PUBLIC AUTHORITY
ESTABLISHED PURSUANT TO TITLE ELEVEN  OF  ARTICLE  FIVE  OF  THE  PUBLIC
AUTHORITIES  LAW,  AND  ITS  SUBSIDIARIES,  THE  LONG  ISLAND RAIL ROAD,
METRO-NORTH RAILROAD, METROPOLITAN SUBURBAN BUS AUTHORITY, STATEN ISLAND
RAPID TRANSIT OPERATING AUTHORITY, TRIBOROUGH BRIDGE AND TUNNEL AUTHORI-
TY, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARIES, AND  MANHATTAN
AND  BRONX  SURFACE TRANSIT OPERATING AUTHORITY; AND ANY OTHER AUTHORITY
WHICH IS SUBJECT TO THE CUSTODY OR CONTROL OF THE METROPOLITAN TRANSPOR-
TATION AUTHORITY.
  (B) "TASK FORCE" MEANS THE INTER-AGENCY AFFORDABLE HOUSING DEVELOPMENT
TASK FORCE ESTABLISHED PURSUANT TO THIS SECTION.
  (C) "UNDERUTILIZED PROPERTY" MEANS VACANT OR ABANDONED LAND  OR  SPACE
IN  A BROWNFIELD SITE AS DEFINED IN ARTICLE TWENTY-SEVEN OF THE ENVIRON-
MENTAL CONSERVATION LAW, OR A DISTRESSED OR  ABANDONED  PROPERTY,  WHICH
SHALL  BE  DETERMINED  BY  FACTORS  INCLUDING POVERTY, IDENTIFIED BY THE
COUNTY, TOWN, VILLAGE OR CITY THAT CONTAINS SUCH DISTRESSED OR ABANDONED
PROPERTY.
  (D) "VACANT LAND"  MEANS  LAND,  INCLUDING  LAND  UNDER  WATER,  WHICH
CONTAINS  NO  ENCLOSED,  PERMANENT  IMPROVEMENT.  A FENCE, SHED, GARAGE,
ATTENDANT'S BOOTH, PAVING, PIER, BULKHEAD, LIGHTING FIXTURES AND SIMILAR
ITEMS, OR ANY IMPROVEMENT HAVING AN ASSESSED  VALUE  OF  LESS  THAN  TWO
THOUSAND  DOLLARS  SHALL  NOT CONSTITUTE AN ENCLOSED, PERMANENT IMPROVE-
MENT.
  3. THE TASK FORCE SHALL BE CO-CHAIRED BY THE COMMISSIONER  OF  GENERAL
SERVICES  AND  THE  COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL, OR BY
THEIR DESIGNEES.   THE REMAINING MEMBERSHIP  OF  THE  TASK  FORCE  SHALL
CONSIST OF SUCH MEMBERS AS ARE APPOINTED BY THE CO-CHAIRS WHO ARE DEEMED
TO  BE  NECESSARY TO CARRY OUT THE DUTIES OF THE TASK FORCE. THE MEMBER-
SHIP OF THE TASK FORCE MAY INCLUDE REPRESENTATION FROM APPROPRIATE STATE
AGENCIES.
  4. THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO  ADDITIONAL  COMPEN-
SATION  FOR THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES-
SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR  DUTIES  PURSUANT  TO
THIS SECTION.

S. 6356--C                         86

  5.  THE  CO-CHAIRS MAY REQUEST SUCH ASSISTANCE FROM STATE AGENCIES AND
PUBLIC AUTHORITIES AS SHALL BE NECESSARY TO CARRY OUT THE DUTIES OF  THE
TASK FORCE.
  6. THE TASK FORCE SHALL:
  (A)  CREATE A LIST OF ALL VACANT LAND AND UNDERUTILIZED PROPERTY OWNED
BY THE STATE OR ANY STATE AGENCY DEEMED APPROPRIATE FOR THE  DEVELOPMENT
OF  AFFORDABLE  HOUSING. THE LIST SHALL INCLUDE AN ESTIMATE OF THE VALUE
OF THESE LANDS OR PROPERTIES. THE LIST MAY INCLUDE ANY OTHER PARCELS  OF
LAND  OR  PROPERTIES  OWNED BY THE STATE OR ANY STATE AGENCY ALSO DEEMED
APPROPRIATE FOR THE DEVELOPMENT OF AFFORDABLE HOUSING BY THE CO-CHAIRS;
  (B) REQUEST FROM THE METROPOLITAN TRANSPORTATION AUTHORITY,  NEW  YORK
CITY  HOUSING  AUTHORITY,  PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND
THE NEW YORK STATE THRUWAY AUTHORITY A LIST OF VACANT LANDS OR UNDERUTI-
LIZED PROPERTIES OWNED BY  SUCH AUTHORITIES. SUCH LISTS SHALL INCLUDE AN
ESTIMATE OF THE VALUE OF THESE LANDS AND PROPERTIES. THE CO-CHAIRS SHALL
DETERMINE WHICH LANDS OR  PROPERTIES  ARE  DEEMED  APPROPRIATE  FOR  THE
DEVELOPMENT  OF  AFFORDABLE  HOUSING  AND  ADD  THEM TO THE LIST CREATED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
  (C) REQUEST FROM ANY CITY WITH A POPULATION GREATER THAN ONE MILLION A
LIST OF VACANT LANDS AND UNDERUTILIZED PROPERTIES OWNED  BY  SUCH  CITY.
THESE  LISTS  SHALL  INCLUDE  AN ESTIMATE OF THE VALUE OF SUCH LANDS AND
PROPERTIES.  THE CO-CHAIRS SHALL DETERMINE WHICH LANDS OR PROPERTIES ARE
DEEMED APPROPRIATE FOR THE DEVELOPMENT OF  AFFORDABLE  HOUSING  AND  ADD
THEM TO THE LIST CREATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
  (D) AT THE DISCRETION OF THE CO-CHAIRS, REQUEST A LIST OF VACANT LANDS
AND  UNDERUTILIZED  PROPERTIES OWNED BY ANY PUBLIC AUTHORITY ESTABLISHED
UNDER THE PUBLIC AUTHORITIES  LAW,  ANY  HOUSING  AUTHORITY  ESTABLISHED
UNDER  THE  PUBLIC  HOUSING  LAW AND ANY MUNICIPALITY. THESE LISTS SHALL
INCLUDE AN ESTIMATE OF THE VALUE  OF  THESE  LANDS  OR  PROPERTIES.  THE
CO-CHAIRS SHALL DETERMINE WHICH LANDS OR PROPERTIES ARE DEEMED APPROPRI-
ATE  FOR  THE DEVELOPMENT OF AFFORDABLE HOUSING AND ADD THEM TO THE LIST
CREATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION; AND
  (E) ISSUE A REPORT WITH RECOMMENDATIONS ON CHANGES IN LAWS, RULES  AND
REGULATIONS  THE  STATE,  ITS  AGENCIES,  PUBLIC AUTHORITIES AND MUNICI-
PALITIES CAN UNDERTAKE TO FACILITATE THE CONSTRUCTION OF MORE AFFORDABLE
HOUSING IN THIS STATE. IN ORDER TO COMPLETE THIS REPORT THE  TASK  FORCE
MAY:
  (I)EXAMINE  THE EXISTING STATUTES, REGULATIONS AND RULES GOVERNING THE
TRANSFER OR SALE OF PUBLICLY OWNED LANDS AND PROPERTIES,
  (II) EXAMINE THE EFFECT OF LOCAL ZONING CODES, LAND USE LAWS OR  OTHER
MUNICIPAL POLICIES ON THE DEVELOPMENT OF AFFORDABLE HOUSING, AND
  (III) INVESTIGATE ANY OTHER STATE POLICIES THAT AFFECT THE DEVELOPMENT
OF AFFORDABLE HOUSING IN THE STATE.
  7. THE TASK FORCE SHALL, WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
SECTION,  ISSUE  TO  THE  PUBLIC,  AND SUBMIT TO THE GOVERNOR, TEMPORARY
PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR  OF  THE  SENATE
FINANCE  COMMITTEE,  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, AND
CHAIRS OF THE SENATE AND ASSEMBLY HOUSING COMMITTEES  A  REPORT  OF  ITS
FINDINGS,  CONCLUSIONS AND RECOMMENDATIONS, ALONG WITH THE LIST OF LANDS
AND PROPERTIES DEEMED APPROPRIATE  FOR  THE  DEVELOPMENT  OF  AFFORDABLE
HOUSING.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law, and shall expire and be  deemed  repealed  14  months
after it shall take effect.

                                 PART FF

S. 6356--C                         87

  Section  1.  Paragraph a of subdivision 3 of section 467-b of the real
property tax law, as separately amended by chapters 188 and 205  of  the
laws of 2005, is amended to read as follows:
  a.  for  a  dwelling  unit where the head of the household is a person
sixty-two years of age or older, no tax abatement shall  be  granted  if
the  combined  income of all members of the household for the income tax
year immediately preceding the date of making application  exceeds  four
thousand  dollars,  or such other sum not more than twenty-five thousand
dollars beginning July first, two  thousand  five,  twenty-six  thousand
dollars  beginning  July  first, two thousand six, twenty-seven thousand
dollars beginning July first, two thousand seven, twenty-eight  thousand
dollars  beginning  July  first,  two  thousand eight, [and] twenty-nine
thousand dollars beginning July first,  two  thousand  nine,  AND  FIFTY
THOUSAND  DOLLARS BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, as may be
provided by the local law, ordinance or resolution adopted  pursuant  to
this  section,  provided  that  when  the  head of the household retires
before the commencement of such income tax year and the date  of  filing
the  application,  the income for such year may be adjusted by excluding
salary or earnings and projecting his or her retirement income over  the
entire period of such year.
  S  2.  Subparagraph 1 of paragraph d of subdivision 1 of section 467-c
of the real property tax law, as separately amended by chapters 188  and
205 of the laws of 2005, is amended to read as follows:
  (1)  a  person  or  his or her spouse who is sixty-two years of age or
older and is entitled to the possession or to the use and occupancy of a
dwelling unit, provided, however, with respect to a dwelling  which  was
subject  to  a  mortgage  insured  or  initially  insured by the federal
government pursuant to section two  hundred  thirteen  of  the  National
Housing Act, as amended "eligible head of the household" shall be limit-
ed to that person or his or her spouse who was entitled to possession or
the  use  and occupancy of such dwelling unit at the time of termination
of such mortgage, and whose income when combined with the income of  all
other  members  of  the  household,  does  not  exceed six thousand five
hundred dollars for the taxable period, or such other sum not less  than
sixty-five  hundred  dollars  nor more than twenty-five thousand dollars
beginning July first, two thousand  five,  twenty-six  thousand  dollars
beginning  July  first,  two thousand six, twenty-seven thousand dollars
beginning July first, two thousand seven, twenty-eight thousand  dollars
beginning  July  first,  two  thousand eight, [and] twenty-nine thousand
dollars beginning July first, two  thousand  nine,  AND  FIFTY  THOUSAND
DOLLARS  BEGINNING JULY FIRST, TWO THOUSAND FOURTEEN, as may be provided
by local law; or
  S 3. This act shall take effect immediately; provided that the  amend-
ment  to  section 467-b of the real property tax law made by section one
of this act shall not affect the expiration of such section and shall be
deemed to expire therewith.

                                 PART GG

  Section 1. Section 59-a of the private housing finance law,  as  added
by chapter 67 of the laws of 1985, is amended to read as follows:
  S 59-a. Housing trust fund account. The housing trust fund corporation
created  by section forty-five-a of this chapter shall create and estab-
lish a special account to be known as the housing trust fund 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

S. 6356--C                         88

including but not limited to moneys appropriated by and  made  available
pursuant to appropriation by the state and any income or interest earned
by,  or increment to, the account due to the investment thereof or loans
made  pursuant  to  [article] ARTICLES eighteen AND TWENTY-EIGHT of this
chapter. The moneys held in  or  credited  to  the  housing  trust  fund
account established under this section shall be expended solely to carry
out  the  provisions  of [article] ARTICLES eighteen AND TWENTY-EIGHT of
this chapter.
  S 2. The private housing finance law is amended by adding a new  arti-
cle XXVIII to read as follows:
                              ARTICLE XXVIII
              MITCHELL-LAMA 2020 HOUSING TRUST FUND PROGRAM
SECTION 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE.
        1241. DEFINITIONS.
        1242. COOPERATIVE   OR   CONDOMINIUM,  HOMESTEADING  AND  RENTAL
                CONTRACTS.
        1243. GENERAL AND ADMINISTRATIVE PROVISIONS.
  S 1240. STATEMENT OF LEGISLATIVE FINDINGS AND PURPOSE. THE LEGISLATURE
HEREBY FINDS AND DECLARES THAT  THERE  IS  INCREASINGLY  A  SHORTAGE  OF
AFFORDABLE  HOUSING  IN  THE  STATE  FOR  PERSONS OF MODERATE AND MIDDLE
INCOME; THAT THE COST OF PROVIDING SUCH HOUSING WITHOUT  PUBLIC  PARTIC-
IPATION  AND  ASSISTANCE IS PROHIBITIVE IN MANY PARTS OF THE STATE; THAT
THE FEDERAL GOVERNMENT DOES NOT MAKE FUNDS AVAILABLE FOR  CREATING  THIS
KIND  OF  HOUSING  AND THUS THE STATE MUST TAKE A LEADING ROLE; THAT THE
PURPOSES OF THIS ARTICLE SHOULD BE SERVED BY PROVIDING FOR  NEW  HOUSING
FOR  PERSONS  OF  MODERATE AND MIDDLE INCOME THROUGH NEW CONSTRUCTION OR
THROUGH  REHABILITATION  OF  EXISTING  PROPERTIES  DEPENDING  ON   WHICH
PROJECTS ARE MOST COST EFFICIENT; THAT THE CARRYING OUT OF SUCH PROJECTS
SERVES  A  SIGNIFICANT PUBLIC PURPOSE AND MAY APPROPRIATELY BE PERFORMED
BY ELIGIBLE APPLICANTS; THAT PAYMENT FOR SUCH SERVICES,  TAX  EXEMPTIONS
AND  OTHER  PUBLIC  PARTICIPATION  IN SUCH PROJECTS WOULD BRING DOWN THE
COST OF SUCH HOUSING AND MAKE IT AFFORDABLE TO PERSONS OF  MODERATE  AND
MIDDLE  INCOME;  AND  THAT IT IS THE POLICY OF THE STATE TO PRESERVE AND
CREATE SUCH HOUSING IN ORDER TO MAINTAIN THE ECONOMIC VIABILITY AND MAIN
TAX BASE OF OUR MUNICIPALITIES  AND  STATE.  THE  LEGISLATURE  THEREFORE
FINDS  THAT  A  PROGRAM  SHOULD BE ESTABLISHED TO PROVIDE MONIES FOR THE
REHABILITATION AND CONSTRUCTION OF THESE PROPERTIES BY  ELIGIBLE  APPLI-
CANTS TO PROMOTE THE PRESERVATION AND CREATION OF AFFORDABLE HOUSING FOR
PERSONS OF MODERATE AND MIDDLE INCOME.
  IT  IS INTENDED THAT ANY PAYMENTS, GRANTS OR LOANS PROVIDED TO MUNICI-
PALITIES PURSUANT TO THIS ARTICLE NOT SUBSTITUTE FOR  FUNDS  WHICH  SUCH
MUNICIPALITIES  WOULD HAVE SPENT IN THE ABSENCE OF THIS ARTICLE AND THAT
SUCH PAYMENTS, GRANTS AND  LOANS  WILL  ENABLE  SUCH  MUNICIPALITIES  TO
EXPAND  THEIR  COMMITMENT  TO  INCREASE  THE SUPPLY OF AFFORDABLE MIDDLE
INCOME HOUSING TO LEVELS GREATER THAN WOULD HAVE BEEN  POSSIBLE  WITHOUT
THIS ARTICLE.
  S 1241. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
  1.  "COMMISSIONER" SHALL BE AS SUCH TERM IS DEFINED IN SUBDIVISION ONE
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  2. "CORPORATION" SHALL BE AS SUCH TERM IS DEFINED IN  SUBDIVISION  TWO
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  3.  "REHABILITATION"  SHALL  BE AS SUCH TERM IS DEFINED IN SUBDIVISION
THREE OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  4. "COOPERATIVE PROJECT" OR "CONDOMINIUM PROJECT"  SHALL  BE  AS  SUCH
TERM  IS  DEFINED  IN  SUBDIVISION FOUR OF SECTION ELEVEN HUNDRED ONE OF
THIS CHAPTER.

S. 6356--C                         89

  5. "HOMESTEADING PROJECT" SHALL BE AS SUCH TERM IS DEFINED IN SUBDIVI-
SION FIVE OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  6.  "RENTAL  PROJECT"  SHALL BE AS SUCH TERM IS DEFINED IN SUBDIVISION
SIX OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  7. "ELIGIBLE APPLICANT" SHALL MEAN A  PERSON  OF  MODERATE  OR  MIDDLE
INCOME,  A  HOUSING  DEVELOPMENT  FUND  COMPANY INCORPORATED PURSUANT TO
ARTICLE ELEVEN OF THIS CHAPTER, A LIMITED PROFIT HOUSING COMPANY  INCOR-
PORATED  PURSUANT  TO  ARTICLE  TWO  OF THIS CHAPTER, A LIMITED DIVIDEND
HOUSING COMPANY INCORPORATED PURSUANT TO ARTICLE FOUR OF THIS CHAPTER, A
NOT-FOR-PROFIT CORPORATION OR CHARITABLE ORGANIZATION WHICH HAS  AS  ONE
OF  ITS  PRIMARY  PURPOSES THE IMPROVEMENT OF HOUSING FOR PERSONS OF LOW
INCOME, A WHOLLY-OWNED SUBSIDIARY OF SUCH A CORPORATION OR ORGANIZATION,
A PARTNERSHIP AT LEAST FIFTY PERCENT  OF  THE  CONTROLLING  INTEREST  OF
WHICH IS HELD BY SUCH A CORPORATION OR ORGANIZATION AND WHICH HAS AGREED
TO  LIMIT  PROFITS  OR  RATE OF RETURN OF INVESTORS IN ACCORDANCE WITH A
FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION OR A PRIVATE DEVELOP-
ER WHICH HAS AGREED TO LIMIT PROFITS OR RATE OF RETURN OF  INVESTORS  IN
ACCORDANCE  WITH A FORMULA ESTABLISHED OR APPROVED BY THE CORPORATION, A
CITY, TOWN OR VILLAGE, OR A COUNTY, PROVIDED, HOWEVER, THAT  THE  COUNTY
IS ONLY ACTING AS AN ADMINISTRATOR OF A PROGRAM UNDER WHICH PROJECTS ARE
REHABILITATED  OR CONSTRUCTED OR NONRESIDENTIAL PROPERTIES ARE CONVERTED
BY OTHER  ELIGIBLE  APPLICANTS,  AND  PROVIDED  FURTHER,  HOWEVER,  THAT
PERSONS  OF MODERATE AND MIDDLE INCOME SHALL NOT BE DIRECT RECIPIENTS OF
PAYMENTS, GRANTS OR LOANS FROM THE CORPORATION UNDER  THIS  ARTICLE  BUT
MAY RECEIVE SUCH FUNDS FROM ANOTHER ELIGIBLE APPLICANT.
  8.  "CONVERSION" SHALL BE AS SUCH TERM IS DEFINED IN SUBDIVISION EIGHT
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  9. "NONRESIDENTIAL PROPERTY" SHALL BE  AS  SUCH  TERM  IS  DEFINED  IN
SUBDIVISION NINE OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  10.  "PERSONS  OF MODERATE AND MIDDLE INCOME" SHALL MEAN (A) IN CITIES
WITH A POPULATION OF ONE MILLION OR  MORE  PERSONS,  THOSE  PERSONS  AND
FAMILIES  WHOSE  INCOMES DO NOT EXCEED ONE HUNDRED THIRTY PERCENT OF THE
MEDIAN INCOME FOR THE METROPOLITAN STATISTICAL AREA IN WHICH  A  PROJECT
IS  LOCATED; PROVIDED HOWEVER THAT IN THE CASE OF AN OWNER OCCUPANT OF A
HOMESTEADING PROJECT, "PERSONS OF MODERATE AND MIDDLE INCOME" SHALL ALSO
MEAN THOSE PERSONS AND FAMILIES WHOSE INCOMES DO NOT EXCEED ONE  HUNDRED
THIRTY PERCENT OF THE MEDIAN INCOME FOR THE STATE AND (B) IN THE PORTION
OF  THE  STATE  OUTSIDE  CITIES WITH A POPULATION OF ONE MILLION OR MORE
PERSONS, (I) AND WITHIN A METROPOLITAN STATISTICAL  AREA  THOSE  PERSONS
AND  FAMILIES  WHOSE INCOMES DO NOT EXCEED ONE HUNDRED THIRTY PERCENT OF
THE MEDIAN INCOME FOR THE  METROPOLITAN  STATISTICAL  AREA  IN  WHICH  A
PROJECT  IS  LOCATED  OR ONE HUNDRED THIRTY PERCENT OF THE MEDIAN INCOME
FOR THE STATE, WHICHEVER IS LOWER OR,  (II)  IF  A  PROJECT  IS  LOCATED
OUTSIDE  A  METROPOLITAN  STATISTICAL  AREA,  THOSE PERSONS AND FAMILIES
WHOSE INCOMES DO NOT EXCEED ONE HUNDRED THIRTY  PERCENT  OF  THE  MEDIAN
INCOME  FOR  THE  COUNTY  IN  WHICH A PROJECT IS LOCATED, OR ONE HUNDRED
THIRTY PERCENT OF THE MEDIAN INCOME FOR THE STATE, WHICHEVER IS LOWER.
  11. "DISTRESSED RESIDENTIAL PROPERTY" SHALL BE AS SUCH TERM IS DEFINED
IN SUBDIVISION ELEVEN OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  12. "PROJECT" SHALL BE AS SUCH TERM IS DEFINED IN  SUBDIVISION  TWELVE
OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  13.  "PRIVATE  DEVELOPER" SHALL BE AS SUCH TERM IS DEFINED IN SUBDIVI-
SION THIRTEEN OF SECTION ELEVEN HUNDRED ONE OF THIS CHAPTER.
  S 1242. COOPERATIVE OR CONDOMINIUM, HOMESTEADING AND RENTAL CONTRACTS.
1. WITHIN THE LIMIT  OF  FUNDS  AVAILABLE  IN  THE  HOUSING  TRUST  FUND
ACCOUNT,  THE  CORPORATION  IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS

S. 6356--C                         90

WITH ELIGIBLE APPLICANTS FOR THE FURNISHING BY SUCH APPLICANTS OF  HOUS-
ING  FOR PERSONS OF MODERATE AND MIDDLE INCOME. EACH SUCH CONTRACT SHALL
PROVIDE THAT ELIGIBLE APPLICANTS REHABILITATE OR CONSTRUCT ONE  OR  MORE
PROJECTS   OR  CONVERT  ONE  OR  MORE  NONRESIDENTIAL  PROPERTIES.  SUCH
CONTRACTS MAY PROVIDE FOR PAYMENTS, GRANTS OR LOANS BY  THE  CORPORATION
FOR THE ACTIVITIES TO BE CARRIED OUT BY THE ELIGIBLE APPLICANT UNDER THE
CONTRACT.  SUCH CONTRACTS SHALL PROVIDE THAT A PRIVATE DEVELOPER MAKE AN
EQUITY INVESTMENT OF THE GREATER OF (I)  TWO  AND  ONE-HALF  PERCENT  OF
PROJECT  COSTS  OR  (II) FIVE PERCENT OF PROJECT COSTS LESS GRANTS WHICH
ARE TO BE APPLIED TO SUCH COSTS. THE  FOREGOING  SHALL  NOT  PRECLUDE  A
PRIVATE DEVELOPER FROM MAKING A GREATER EQUITY INVESTMENT. ANY PAYMENTS,
GRANTS  OR  LOANS  MADE  BY  THE  CORPORATION OUTSTANDING AT THE TIME OF
RESALE SHALL BE SUBJECT TO REPAYMENT IN WHOLE OR  IN  PART  UPON  RESALE
AFTER  TERMINATION  OF  THE  REGULATORY PERIOD AND AS OTHERWISE PROVIDED
THEREIN. SUCH REPAYMENT PROVISIONS MAY SURVIVE THE END OF THE REGULATORY
PERIOD. SUCH CONTRACTS MAY PROVIDE THAT ELIGIBLE APPLICANTS SHALL EITHER
(A) PERFORM ACTIVITIES SPECIFIED UNDER THE CONTRACT  THEMSELVES  OR  (B)
ACT  AS  ADMINISTRATORS  OF A PROGRAM UNDER WHICH PROJECTS ARE REHABILI-
TATED OR CONSTRUCTED OR NONRESIDENTIAL PROPERTIES ARE CONVERTED BY OTHER
ELIGIBLE APPLICANTS OR (C) PERFORM BOTH SUCH FUNCTIONS. IN THE CASE OF A
MUNICIPALITY ACTING AS AN ADMINISTRATOR, FUNDS PROVIDED TO SUCH  MUNICI-
PALITY  HEREUNDER SHALL NOT BE DEEMED TO BE MUNICIPAL FUNDS.  THE CORPO-
RATION SHALL REFER ANY  REQUEST  FOR  PAYMENTS,  GRANTS  OR  LOANS  FROM
PERSONS OF MODERATE AND MIDDLE INCOME TO ELIGIBLE APPLICANTS IN THE AREA
IN  WHICH SUCH PERSONS RESIDE. LOANS MAY BE IN THE FORM OF PARTICIPATION
IN LOANS INCLUDING BUT NOT LIMITED TO PARTICIPATION IN LOANS  ORIGINATED
OR  FINANCED  BY LENDING INSTITUTIONS AS DEFINED IN SECTION FORTY-TWO OF
THIS CHAPTER, THE STATE OF NEW YORK MORTGAGE AGENCY, THE NEW  YORK  CITY
HOUSING  DEVELOPMENT  CORPORATION,  THE  NEW  YORK STATE HOUSING FINANCE
AGENCY, OR PRIVATE OR PUBLIC EMPLOYEE PENSION FUNDS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW, PAYMENTS, GRANTS AND LOANS MAY BE  DEPOSITED  BY
THE  CORPORATION  DIRECTLY  WITH  A LENDING INSTITUTION AT OR BEFORE THE
TIME OF INITIAL LOAN CLOSING PURSUANT TO AN ESCROW  AGREEMENT  SATISFAC-
TORY  TO  THE  CORPORATION.  PAYMENTS, GRANTS AND LOANS SHALL BE ON SUCH
TERMS AND CONDITIONS AS THE CORPORATION, OR THE ELIGIBLE APPLICANT  WITH
THE  APPROVAL  OF  THE CORPORATION, AS THE CASE MAY BE, SHALL DETERMINE.
PAYMENTS, GRANTS AND LOANS SHALL BE USED  TO  PAY  FOR  THE  ACTUAL  AND
NECESSARY  COST  OF ACQUISITION, CONSTRUCTION, REHABILITATION OR CONVER-
SION, PROVIDED THAT NOT MORE THAN FIFTY PERCENT OF SUCH PAYMENTS, GRANTS
AND LOANS RECEIVED FOR THE REHABILITATION, CONSTRUCTION OR CONVERSION OF
A PROJECT MAY BE USED FOR THE COST OF THE PROJECT'S ACQUISITION AND  NOT
MORE THAN TEN PERCENT OF SUCH PAYMENTS, GRANTS AND LOANS MAY BE USED FOR
THE  REHABILITATION,  CONSTRUCTION  OR  CONVERSION  OF COMMUNITY SERVICE
FACILITIES AND, PROVIDED FURTHER, THAT PAYMENTS, GRANTS OR  LOANS  SHALL
NOT  BE  USED  FOR (A) THE ADMINISTRATIVE COSTS OF AN ELIGIBLE APPLICANT
EXCEPT AS OTHERWISE AUTHORIZED BY LAW, (B) THE COST OF THE  ACQUISITION,
CONSTRUCTION,  CONVERSION  OR REHABILITATION OF RESIDENTIAL UNITS WHICH,
SUBSEQUENT TO SUCH ACQUISITION, CONSTRUCTION,  CONVERSION  OR  REHABILI-
TATION,  ARE TO BE OCCUPIED BY PERSONS OTHER THAN PERSONS OF MODERATE OR
MIDDLE INCOME, AND  (C)  THE  COST  OF  THE  ACQUISITION,  CONSTRUCTION,
CONVERSION OR REHABILITATION OF UNITS WHICH, SUBSEQUENT TO SUCH ACQUISI-
TION,  CONSTRUCTION, CONVERSION OR REHABILITATION, ARE OCCUPIED OR TO BE
OCCUPIED FOR OTHER  THAN  RESIDENTIAL  PURPOSES,  EXCEPT  FOR  COMMUNITY
SERVICE FACILITIES AS DESCRIBED ABOVE. NO SUCH PAYMENTS, GRANTS OR LOANS
SHALL  EXCEED  A  TOTAL  OF ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS PER
DWELLING UNIT. AMONG THE CRITERIA  THE  CORPORATION  SHALL  CONSIDER  IN

S. 6356--C                         91

DETERMINING  WHETHER  TO  PROVIDE  ADDITIONAL FUNDS ARE: AVERAGE COST OF
CONSTRUCTION IN THE AREA, LOCATION OF THE PROJECT AND THE IMPACT OF  THE
ADDITIONAL FUNDING ON THE AFFORDABILITY OF THE PROJECT FOR THE OCCUPANTS
OF  SUCH  PROJECT.  THE  LENGTH  OF ANY LOAN PROVIDED UNDER THIS ARTICLE
SHALL NOT EXCEED FORTY YEARS.
  2. THE AMOUNT ORIGINALLY APPROPRIATED PURSUANT TO THIS ARTICLE IN  THE
FIRST  FISCAL  YEAR OF OPERATIONS SHALL BE ALLOCATED TO PROJECTS LOCATED
WITHIN CITIES WITH A POPULATION ABOVE ONE  HUNDRED  FORTY  THOUSAND.  NO
MORE  THAN  SEVENTY PERCENT SHALL BE ALLOCATED TO PROJECTS WITHIN A CITY
WITH A POPULATION OF ONE MILLION.
  2-A. NO MORE THAN SIXTY PERCENT OF THE TOTAL AMOUNT ORIGINALLY  APPRO-
PRIATED  PURSUANT  TO  THIS ARTICLE IN ANY FISCAL YEAR SUBSEQUENT TO THE
FIRST FISCAL YEAR SHALL BE ALLOCATED  TO  PROJECTS  LOCATED  WITHIN  ANY
SINGLE MUNICIPALITY. OF THE AMOUNT ORIGINALLY APPROPRIATED TO THE CORPO-
RATION  IN  ANY FISCAL YEAR SUBSEQUENT TO THE FIRST FISCAL YEAR, NO MORE
THAN THIRTY-THREE AND ONE-THIRD PERCENT SHALL BE  ALLOCATED  TO  PRIVATE
DEVELOPERS  FOR  PROJECTS WITHIN A CITY WITH A POPULATION OF ONE MILLION
OR MORE. OF THE AMOUNT ORIGINALLY APPROPRIATED TO THE CORPORATION IN ANY
FISCAL  YEAR  SUBSEQUENT  TO  THE  FIRST  FISCAL  YEAR,  NO  MORE   THAN
THIRTY-THREE  AND ONE-THIRD PERCENT SHALL BE ALLOCATED TO PRIVATE DEVEL-
OPERS FOR PROJECTS IN THE AREA OUTSIDE CITIES WITH A POPULATION  OF  ONE
MILLION OR MORE.
  3. THE CORPORATION AND ELIGIBLE APPLICANTS WHICH ACT AS ADMINISTRATORS
OF  A  PROGRAM  UNDER THIS ARTICLE SHALL DEPOSIT ANY RECAPTURED FUNDS OR
FUNDS FROM THE REPAYMENT OF LOANS AND INTEREST RECEIVED  ON  LOANS  INTO
THE HOUSING TRUST FUND ACCOUNT.
  4.  THE CORPORATION SHALL NOT ENTER INTO A CONTRACT UNDER THIS ARTICLE
UNLESS THE ELIGIBLE APPLICANT HAS  SUBMITTED  AN  APPLICATION  AND  SUCH
APPLICATION  CONTAINS  A  PLAN,  ACCEPTABLE  TO  THE  CORPORATION, WHICH
PROVIDES FOR EACH PROJECT:
  (A) THAT VIOLATIONS ON THE PROJECT WHICH ARE CLASSIFIED  AS  HAZARDOUS
OR  IMMEDIATELY HAZARDOUS SHALL BE REPAIRED IN ACCORDANCE WITH STATE AND
LOCAL LAWS AND REGULATIONS OF STATE AND LOCAL AGENCIES AND  THE  PROJECT
SHALL  BE  BROUGHT  INTO  COMPLIANCE  WITH ALL APPLICABLE LAWS AND REGU-
LATIONS.
  (B) FOR THE  ESTABLISHMENT  OF  OCCUPANT  SELECTION  PROCEDURES  WHICH
PROVIDE  THAT  ANY LAWFUL OCCUPANTS WHO LIVE IN A PROJECT PRIOR TO REHA-
BILITATION SHALL NOT BE DISPLACED AS A RESULT  OF  SUCH  REHABILITATION,
OTHER  THAN  TEMPORARILY, IN WHICH CASE SUITABLE RELOCATION ARRANGEMENTS
SHALL BE PROVIDED, AND THAT ANY ADDITIONAL OCCUPANTS  WHO  MOVE  INTO  A
PROJECT ARE PERSONS OF MODERATE OR MIDDLE INCOME.
  (C)  IN  THE  CASE  OF A HOMESTEADING PROJECT THAT (I) THE PROJECT MAY
ONLY BE TRANSFERRED OR SOLD TO  AN  ELIGIBLE  APPLICANT;  AND  (II)  THE
RESALE  PRICE OF THE PROJECT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE SUM
OF (A) THE ORIGINAL EQUITY PAID BY THE OWNER FOR THE PROJECT  AND  REHA-
BILITATION OR CONSTRUCTION THEREOF, EXCLUSIVE OF ANY PAYMENTS, GRANTS OR
LOANS  RECEIVED PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES, OR FROM SUCH
OTHER SOURCES AS DETERMINED BY THE CORPORATION, WITH INTEREST THEREON AT
THE RATE OF SIX PERCENT PER ANNUM, (B) THE COST OF CAPITAL  IMPROVEMENTS
TO THE PROJECT PAID BY SUCH OWNER AFTER THE COMPLETION OF REHABILITATION
OR  CONSTRUCTION,  EXCLUSIVE  OF  ANY PAYMENTS, GRANTS OR LOANS RECEIVED
PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES, OR FROM SUCH  OTHER  SOURCES
AS  DETERMINED  BY THE CORPORATION, WITH INTEREST THEREON AT THE RATE OF
SIX PERCENT PER ANNUM, (C) THE ACTUAL AMORTIZATION PAID BY SUCH OWNER IN
THE REDUCTION OF TOTAL OUTSTANDING PRINCIPAL INDEBTEDNESS ON ALL  EXIST-
ING  AND PRIOR MORTGAGES ON, OR LOANS FOR, SUCH PROJECT, BUT ONLY TO THE

S. 6356--C                         92

EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS  WERE  USED  BY  THE
OWNER  FOR THE PROJECT AND REHABILITATION OR CONSTRUCTION THEREOF OR FOR
THE COST OF CAPITAL IMPROVEMENTS THERETO, WITH INTEREST THEREON  AT  THE
RATE  OF  SIX  PERCENT  PER  ANNUM, (D) THE ACTUAL OUTSTANDING PRINCIPAL
INDEBTEDNESS ON ALL EXISTING MORTGAGES ON, OR LOANS OR OTHER OBLIGATIONS
FOR, SUCH PROJECT WHICH THE OWNER IS REQUIRED TO SATISFY,  BUT  ONLY  TO
THE EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS WERE USED BY THE
OWNER  FOR THE PROJECT AND REHABILITATION OR CONSTRUCTION THEREOF OR FOR
THE COST OF CAPITAL IMPROVEMENTS THERETO, WITH INTEREST THEREON  AT  THE
RATE  OF SIX PERCENT PER ANNUM, PROVIDED THAT IF THE INDEBTEDNESS IS NOT
PAID IN FULL UPON THE SALE OF THE PROJECT, SUCH OWNER SHALL NOT BE CRED-
ITED WITH THE AMOUNT OF SUCH INDEBTEDNESS, AND (E) THE REASONABLE  COSTS
AND EXPENSES INCURRED IN CONNECTION WITH THE SALE OF SUCH PROJECT.
  (D)  IN THE CASE OF A COOPERATIVE PROJECT THAT (I) THE SHARES APPLICA-
BLE TO A COOPERATIVE UNIT SHALL BE TRANSFERRED OR SOLD ONLY TO AN ELIGI-
BLE APPLICANT; AND (II) THE RESALE PRICE OF SHARES APPLICABLE TO A COOP-
ERATIVE UNIT SHALL NOT EXCEED AN AMOUNT EQUAL TO  THE  SUM  OF  (A)  THE
ORIGINAL  EQUITY  PAID BY THE TENANT SHAREHOLDER FOR SUCH SHARES AND FOR
THE REHABILITATION OR  CONSTRUCTION  OF  SUCH  UNIT,  EXCLUSIVE  OF  ANY
PAYMENTS,  GRANTS  OR  LOANS  RECEIVED PURSUANT TO THIS ARTICLE FOR SUCH
PURPOSES OR FROM SUCH OTHER SOURCES AS DETERMINED  BY  THE  CORPORATION,
WITH INTEREST THEREON AT THE RATE OF SIX PERCENT PER ANNUM, (B) THE COST
OF  CAPITAL  IMPROVEMENTS  TO  SUCH UNIT PAID BY SUCH TENANT SHAREHOLDER
AFTER THE COMPLETION OF REHABILITATION OR CONSTRUCTION, EXCLUSIVE OF ANY
PAYMENTS, GRANTS OR LOANS RECEIVED PURSUANT TO  THIS  ARTICLE  FOR  SUCH
PURPOSES  OR  FROM  SUCH OTHER SOURCES AS DETERMINED BY THE CORPORATION,
WITH INTEREST THEREON AT THE RATE OF SIX  PERCENT  PER  ANNUM,  (C)  THE
PRO-RATA PORTION OF ANY CAPITAL ASSESSMENTS OR CAPITAL CONTRIBUTIONS FOR
BUILDING  WIDE IMPROVEMENTS PAID BY SUCH TENANT SHAREHOLDER, WITH INTER-
EST THEREON AT THE RATE OF SIX  PERCENT  PER  ANNUM,  (D)  THE  PRO-RATA
PORTION  OF  ACTUAL  AMORTIZATION PAID BY SUCH TENANT SHAREHOLDER ON ALL
EXISTING AND PRIOR MORTGAGES ON SUCH PROJECT IN THE REDUCTION  OF  TOTAL
OUTSTANDING PRINCIPAL INDEBTEDNESS, WITH INTEREST THEREON AT THE RATE OF
SIX  PERCENT  PER ANNUM, (E) THE ACTUAL AMORTIZATION PAID BY SUCH TENANT
SHAREHOLDER IN THE REDUCTION OF TOTAL OUTSTANDING PRINCIPAL INDEBTEDNESS
ON ALL EXISTING AND PRIOR LOANS FOR SUCH UNIT, BUT ONLY  TO  THE  EXTENT
THAT  THE PROCEEDS OF SUCH LOANS WERE USED BY THE TENANT SHAREHOLDER FOR
THE PURCHASE OF SUCH SHARES OR FOR THE COST  OF  THE  REHABILITATION  OR
CONSTRUCTION  OF,  OR  CAPITAL IMPROVEMENTS TO, SUCH UNIT, WITH INTEREST
THEREON AT THE RATE OF SIX PERCENT PER ANNUM, (F) THE ACTUAL OUTSTANDING
PRINCIPAL INDEBTEDNESS ON ALL EXISTING LOANS OR  OTHER  OBLIGATIONS  FOR
SUCH  UNIT WHICH THE TENANT SHAREHOLDER IS REQUIRED TO SATISFY, BUT ONLY
TO THE EXTENT THAT THE PROCEEDS OF SUCH LOANS WERE USED BY  SUCH  TENANT
SHAREHOLDER FOR THE PURCHASE OF SUCH SHARES OR FOR THE COST OF THE REHA-
BILITATION  OR  CONSTRUCTION  OF, OR CAPITAL IMPROVEMENTS TO, SUCH UNIT,
PROVIDED THAT IF SUCH INDEBTEDNESS IS NOT PAID IN FULL UPON THE SALE  OF
SUCH  TENANT'S SHARES SUCH TENANT SHAREHOLDER SHALL NOT BE CREDITED WITH
THE AMOUNT OF SUCH  INDEBTEDNESS,  AND  (G)  THE  REASONABLE  COSTS  AND
EXPENSES INCURRED IN CONNECTION WITH THE SALE OF SUCH SHARES.
  (E)  IN  THE CASE OF A CONDOMINIUM PROJECT THAT (I) A CONDOMINIUM UNIT
SHALL BE TRANSFERRED OR SOLD ONLY TO AN ELIGIBLE APPLICANT; AND (II) THE
RESALE PRICE OF A CONDOMINIUM UNIT SHALL NOT EXCEED AN AMOUNT  EQUAL  TO
THE  SUM  OF (A) THE ORIGINAL EQUITY PAID BY THE OWNER FOR SUCH UNIT AND
THE REHABILITATION OR CONSTRUCTION THEREOF, EXCLUSIVE OF  ANY  PAYMENTS,
GRANTS  OR  LOANS RECEIVED PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES OR
FROM SUCH OTHER SOURCES AS DETERMINED BY THE CORPORATION, WITH  INTEREST

S. 6356--C                         93

THEREON  AT  THE  RATE OF SIX PERCENT PER ANNUM, (B) THE COST OF CAPITAL
IMPROVEMENTS TO SUCH UNIT PAID BY SUCH OWNER  AFTER  THE  COMPLETION  OF
REHABILITATION  OR  CONSTRUCTION,  EXCLUSIVE  OF ANY PAYMENTS, GRANTS OR
LOANS  RECEIVED  PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES OR FROM SUCH
OTHER SOURCES AS DETERMINED BY THE CORPORATION, WITH INTEREST THEREON AT
THE RATE OF SIX PERCENT PER ANNUM, (C) THE PRO-RATA PORTION OF ANY CAPI-
TAL ASSESSMENTS OR CAPITAL CONTRIBUTIONS FOR BUILDING WIDE  IMPROVEMENTS
PAID  BY SUCH OWNER TO THE PROJECT, WITH INTEREST THEREON AT THE RATE OF
SIX PERCENT PER ANNUM, (D) THE ACTUAL AMORTIZATION PAID BY SUCH OWNER ON
ALL EXISTING AND PRIOR MORTGAGES ON, OR LOANS  FOR,  SUCH  UNIT  IN  THE
REDUCTION  OF  TOTAL OUTSTANDING PRINCIPAL INDEBTEDNESS, BUT ONLY TO THE
EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS WERE  USED  BY  SUCH
OWNER FOR THE UNIT AND THE REHABILITATION OR CONSTRUCTION THEREOF OR FOR
THE  COST  OF  CAPITAL IMPROVEMENTS THERETO WITH INTEREST THEREON AT THE
RATE OF SIX PERCENT PER ANNUM,  (E)  THE  ACTUAL  OUTSTANDING  PRINCIPAL
INDEBTEDNESS  ON  ALL  EXISTING  MORTGAGES  ON, AND LOANS OR OTHER OBLI-
GATIONS FOR, SUCH UNIT WHICH THE OWNER IS REQUIRED TO SATISFY, BUT  ONLY
TO  THE EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS WERE USED BY
SUCH OWNER FOR THE UNIT AND THE REHABILITATION OR  CONSTRUCTION  THEREOF
OR  FOR  THE  COST OF CAPITAL IMPROVEMENTS THERETO, PROVIDED THAT IF THE
INDEBTEDNESS IS NOT PAID IN FULL UPON THE SALE OF SUCH UNIT, SUCH  OWNER
SHALL  NOT BE CREDITED WITH THE AMOUNT OF SUCH INDEBTEDNESS, AND (F) THE
REASONABLE COSTS AND EXPENSES INCURRED IN CONNECTION WITH  THE  SALE  OF
SUCH UNIT.
  (F)  IN  THE  CASE OF A RENTAL PROJECT THAT (I) THE RENTAL PROJECT MAY
ONLY BE TRANSFERRED OR SOLD TO  AN  ELIGIBLE  APPLICANT;  AND  (II)  THE
RESALE  PRICE  OF THE RENTAL PROJECT SHALL NOT EXCEED AN AMOUNT EQUAL TO
THE SUM OF (A) THE ORIGINAL EQUITY PAID BY THE OWNER FOR THE PROJECT AND
REHABILITATION OR  CONSTRUCTION  THEREOF,  EXCLUSIVE  OF  ANY  PAYMENTS,
GRANTS  OR  LOANS RECEIVED PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES OR
FROM SUCH OTHER SOURCES AS DETERMINED BY THE CORPORATION, WITH  INTEREST
THEREON  AT  THE  RATE OF SIX PERCENT PER ANNUM, (B) THE COST OF CAPITAL
IMPROVEMENTS TO THE PROJECT PAID BY THE OWNER AFTER  THE  COMPLETION  OF
REHABILITATION  OR  CONSTRUCTION,  EXCLUSIVE  OF ANY PAYMENTS, GRANTS OR
LOANS RECEIVED PURSUANT TO THIS ARTICLE FOR SUCH PURPOSES OR  FROM  SUCH
OTHER SOURCES AS DETERMINED BY THE CORPORATION, WITH INTEREST THEREON AT
THE  RATE  OF SIX PERCENT PER ANNUM, (C) THE ACTUAL AMORTIZATION PAID BY
SUCH OWNER ON ALL EXISTING AND PRIOR MORTGAGES ON, OR  LOANS  FOR,  SUCH
PROJECT  IN  THE  REDUCTION OF TOTAL OUTSTANDING PRINCIPAL INDEBTEDNESS,
BUT ONLY TO THE EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS WERE
USED BY SUCH OWNER FOR THE PROJECT AND REHABILITATION THEREOF OR FOR THE
COST OF CAPITAL IMPROVEMENTS THERETO, WITH INTEREST THEREON AT THE  RATE
OF  SIX  PERCENT PER ANNUM, (D) THE ACTUAL OUTSTANDING PRINCIPAL INDEBT-
EDNESS ON ALL EXISTING MORTGAGES ON, OR LOANS OR OTHER OBLIGATIONS  FOR,
SUCH  PROJECT  WHICH  THE  OWNER IS REQUIRED TO SATISFY, BUT ONLY TO THE
EXTENT THAT THE PROCEEDS OF SUCH MORTGAGES OR LOANS  WERE  USED  BY  THE
OWNER  FOR  THE  PROJECT  AND  REHABILITATION THEREOF OR FOR THE COST OF
CAPITAL IMPROVEMENTS THERETO, PROVIDED THAT IF THE INDEBTEDNESS  IS  NOT
PAID IN FULL UPON THE SALE OF THE PROJECT, SUCH OWNER SHALL NOT BE CRED-
ITED  WITH THE AMOUNT OF SUCH INDEBTEDNESS, AND (E) THE REASONABLE COSTS
AND EXPENSES INCURRED IN CONNECTION WITH THE SALE OF SUCH PROJECT.
  (G) IN THE CASE OF A RENTAL PROJECT, THAT THE PROJECT SHALL  BE  OPER-
ATED INITIALLY AS A RENTAL PROPERTY, AND WHEN LOCATED IN THE CITY OF NEW
YORK  SHALL BE SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED
SIXTY-NINE, AND WHEN LOCATED IN A MUNICIPALITY WHICH HAS ELECTED  TO  BE
COVERED  BY  THE  PROVISIONS  OF  THE EMERGENCY TENANT PROTECTION ACT OF

S. 6356--C                         94

NINETEEN SEVENTY-FOUR, BE SUBJECT TO THE PROVISIONS OF SUCH  ACT.    ANY
SUBSEQUENT CONVERSION TO COOPERATIVE OR CONDOMINIUM OWNERSHIP DURING THE
PERIOD  IN WHICH SUCH PROPERTY REMAINS SUBJECT TO THE PROVISIONS OF THIS
ARTICLE SHALL ONLY BE ALLOWED WITH THE CONSENT OF THE CORPORATION AND IF
DONE  PURSUANT  TO SECTION THREE HUNDRED FIFTY-TWO-EEEE OR THREE HUNDRED
FIFTY-TWO-EEE OF THE GENERAL BUSINESS LAW SHALL ONLY BE ALLOWED PURSUANT
TO A NON-EVICTION PLAN. THE CONVERSION OF A RENTAL  PROJECT  TO  COOPER-
ATIVE OR CONDOMINIUM OWNERSHIP SHALL MAKE THE COOPERATIVE OR CONDOMINIUM
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COOPERATIVE OR CONDOMINIUM
PROJECTS  FOR  THE  REMAINING  TERM  WHICH  THE RENTAL PROJECT WAS TO BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE.
  4-A. THE CORPORATION SHALL PROVIDE THE APPLICANT WITH A LIST OF CONDI-
TIONS THAT MUST BE MET PRIOR TO ENTERING INTO  A  CONTRACT  PURSUANT  TO
THIS  ARTICLE. WITHIN FIFTEEN WORKING DAYS OF RECEIPT BY THE CORPORATION
OF ALL DOCUMENTS IN SATISFACTION OF  THE  LIST,  THE  CORPORATION  SHALL
NOTIFY  THE  APPLICANT  OF THE SUFFICIENCY OR INSUFFICIENCY OF THE DOCU-
MENTS. AFTER SATISFACTION BY THE APPLICANT OF ALL CONDITIONS REQUIRED BY
THE CORPORATION PRIOR TO ENTERING INTO A CONTRACT THE CORPORATION  SHALL
ENTER  INTO  THE CONTRACT WITHIN FORTY-FIVE WORKING DAYS OF SATISFACTION
OF SUCH CONDITIONS.
  5. NOTWITHSTANDING THE PROVISIONS OF, OR  ANY  REGULATION  PROMULGATED
PURSUANT TO, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY
HOUSING  RENT  CONTROL  ACT,  OR LOCAL LAW ENACTED PURSUANT THERETO, THE
RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, OR THE  EMERGENCY
TENANT  PROTECTION  ACT OF NINETEEN SEVENTY-FOUR, THE ELIGIBLE APPLICANT
WITH THE APPROVAL OF THE CORPORATION SHALL HAVE THE  POWER  TO  SET  THE
INITIAL  RENT LEVEL OF ANY RENTAL HOUSING ACCOMMODATION WHICH IS LOCATED
IN A RENTAL OR HOMESTEADING PROJECT RECEIVING PAYMENTS, GRANTS OR  LOANS
UNDER THIS ARTICLE.
  6.  ANY  COOPERATIVE  OR  CONDOMINIUM OR RENTAL PROJECT WHICH RECEIVES
PAYMENTS, GRANTS OR LOANS PURSUANT TO THIS ARTICLE SHALL BE  SUBJECT  TO
ITS  PROVISIONS  FOR  A  PERIOD  OF THIRTY YEARS FOLLOWING COMPLETION OF
REHABILITATION WORK, CONSTRUCTION OR CONVERSION OR FOR THE PERIOD DURING
WHICH ANY LOAN OR  INDEBTEDNESS  RECEIVED  UNDER  THIS  ARTICLE  REMAINS
OUTSTANDING,  WHICHEVER  IS  GREATER  PROVIDED  HOWEVER THAT ALL HOUSING
ACCOMMODATIONS IN RENTAL PROJECTS SHALL CONTINUE TO BE  SUBJECT  TO  THE
RENT  STABILIZATION  LAW OF NINETEEN HUNDRED SIXTY-NINE OR THE EMERGENCY
TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, AS PROVIDED IN PARAGRAPH
(G) OF SUBDIVISION FOUR OF THIS SECTION AS THE  CASE  MAY  BE,  FOR  THE
PERIOD SPECIFIED IN THIS SUBDIVISION AND THEREAFTER THE APPLICABILITY OF
SUCH LAWS SHALL TERMINATE AS TO EACH ACCOMMODATION UPON THE FIRST VACAN-
CY WHICH OCCURS IN EACH ACCOMMODATION.
  7.  ANY  HOMESTEADING PROJECT WHICH RECEIVES PAYMENTS, GRANTS OR LOANS
UNDER THIS ARTICLE SHALL BE SUBJECT TO ITS PROVISIONS FOR  A  PERIOD  OF
TWENTY  YEARS  FOLLOWING COMPLETION OF REHABILITATION WORK, CONSTRUCTION
OR CONVERSION, OR FOR THE PERIOD DURING WHICH ANY LOAN  OR  INDEBTEDNESS
RECEIVED UNDER THIS ARTICLE REMAINS OUTSTANDING, WHICHEVER IS GREATER.
  7-A.  NOTWITHSTANDING  ANY  PROVISIONS OF SUBDIVISIONS FIVE AND SIX OF
THIS SECTION TO THE CONTRARY, IN THE CASE OF PROJECTS SUBJECT TO A MORT-
GAGE MADE BY ANY LENDER:
  (A) SUCH LENDER, IF NOT THE CORPORATION, SHALL  GIVE  THE  CORPORATION
NOTICE WHEN AN OWNER HAS DEFAULTED ON ANY PAYMENT OF PRINCIPAL OR INTER-
EST  ON  SUCH  MORTGAGE  LOAN  FOR A PROJECT FOR A CONSECUTIVE PERIOD OF
SIXTY DAYS.
  (B) FOLLOWING RECEIPT OF SUCH NOTICE, OR AT SUCH EARLIER TIME  AS  THE
CORPORATION  DEEMS  APPROPRIATE, THE CORPORATION SHALL SEEK TO CURE SUCH

S. 6356--C                         95

DEFAULT AND MAKE THE PROJECT ECONOMICALLY VIABLE BY ASSISTING THE  OWNER
IN  ENTERING  INTO  A  MORTGAGE  MODIFICATION AGREEMENT WITH THE LENDER,
FINDING A NEW ELIGIBLE APPLICANT TO OWN THE PROJECT AND ASSUME THE OBLI-
GATIONS UNDER THE MORTGAGE OR TAKING SUCH OTHER ACTIONS, CONSISTENT WITH
THE PROVISIONS OF THIS ARTICLE, AS THE CORPORATION DEEMS APPROPRIATE.
  (C)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION, WITH RESPECT TO ANY LENDER OTHER THAN THE CORPORATION,  THE
CORPORATION  MAY PROVIDE IN AGREEMENTS RESPECTING ANY PROJECT THAT WHERE
A LENDER SHALL HAVE FORECLOSED OR OBTAINED TITLE TO A PROJECT IN ACCORD-
ANCE WITH LAW AND THE PROVISIONS OF ITS MORTGAGE, THE PROJECT OR PARTIC-
ULAR RESIDENTIAL UNITS THEREIN SHALL NOT  BE  SUBJECT  TO  ONE  OR  MORE
PROVISIONS  OF  THIS ARTICLE, OTHER THAN THE RENT STABILIZATION COVERAGE
PROVISIONS OF PARAGRAPH (G) OF SUBDIVISION FOUR OF THIS  SECTION.    ANY
AGREEMENT  PURSUANT  TO THIS PARAGRAPH SHALL ONLY BE MADE UPON A FINDING
BY THE CORPORATION THAT SUCH AGREEMENT IS NECESSARY IN ORDER TO ENABLE A
PROJECT OWNER TO OBTAIN A MORTGAGE LOAN FROM A  LENDER  OTHER  THAN  THE
CORPORATION.
  8. THE CORPORATION SHALL PROVIDE FOR THE REVIEW, AT PERIODIC INTERVALS
AT  LEAST  ANNUALLY,  OF  THE  PERFORMANCE  OF ELIGIBLE APPLICANTS UNDER
CONTRACT PURSUANT TO  THIS  ARTICLE.  SUCH  REVIEW  SHALL,  AMONG  OTHER
THINGS,  BE  FOR  THE PURPOSES OF ASCERTAINING CONFORMITY TO CONTRACTUAL
PROVISIONS, THE FINANCIAL INTEGRITY AND EFFICIENCY  OF  ELIGIBLE  APPLI-
CANTS AND THE EVALUATION OF THE PROJECT. CONTRACTS ENTERED INTO PURSUANT
TO  THIS  ARTICLE  MAY  BE TERMINATED, FUNDS MAY BE WITHHELD AND UNSPENT
FUNDS MAY BE RECAPTURED BY THE CORPORATION UPON A FINDING OF SUBSTANTIAL
NONPERFORMANCE OR BREACH BY THE ELIGIBLE APPLICANT  OF  ITS  OBLIGATIONS
UNDER ITS CONTRACT.
  9.  WITHIN  EACH  OF  THE THREE CATEGORIES OF PROJECTS (COOPERATIVE OR
CONDOMINIUM, RENTAL, OR HOMESTEADING), PREFERENCE  IN  THE  AWARDING  OF
CONTRACTS  SHALL  BE GIVEN TO ECONOMICALLY FEASIBLE PROJECTS IN WHICH AT
LEAST TWENTY PERCENT OF THE DWELLING UNITS ARE SUITABLE  FOR  HOUSEHOLDS
WITH  FOUR  MEMBERS OR MORE, IN CASES WHERE ANY SUCH PROJECT CONSISTS OF
LESS THAN THE TOTAL NUMBER OF UNITS OR THE TOTAL AMOUNT OF  FLOOR  SPACE
OF  A  PROPERTY  TO  PROJECTS THAT COMPOSE AT LEAST FIFTY PERCENT OF THE
TOTAL NUMBER OF UNITS IN THE PROPERTY, TO PROJECTS THAT MET THE REQUIRE-
MENTS OF THE GREEN RESIDENTIAL BUILDING  STANDARDS  AS  ESTABLISHED  AND
AUTHORIZED BY SECTION EIGHTEEN HUNDRED SEVENTY-TWO OF THE PUBLIC AUTHOR-
ITIES LAW, TO PROJECTS THAT UTILIZE INNOVATIVE CONSTRUCTION METHODS THAT
MINIMIZE  COSTS  WHILE  COMPLYING  WITH ALL RELEVANT SAFETY AND BUILDING
STANDARDS, ADDITIONAL PREFERENCE SHALL BE GIVEN TO ECONOMICALLY FEASIBLE
PROJECTS LOCATED ON A BROWNFIELD SITE THAT HAS RECEIVED A CERTIFICATE OF
COMPLETION.
  S 1243. 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  INCLUDE  PROVISIONS
CONCERNING  THE ELIGIBILITY OF APPLICANTS FOR PAYMENTS, GRANTS AND LOANS
UNDER THIS ARTICLE; FUNDING CRITERIA AND THE FUNDING DETERMINATION PROC-
ESS; SUPERVISION AND EVALUATION OF  CONTRACTING  APPLICANTS;  REPORTING,
BUDGETING  AND  RECORD-KEEPING REQUIREMENTS; PROVISIONS FOR MODIFICATION
AND TERMINATION OF CONTRACTS; AND SUCH OTHER  MATTERS  NOT  INCONSISTENT
WITH  THE  PURPOSES  AND  PROVISIONS  OF THIS ARTICLE AS THE CORPORATION
SHALL DEEM NECESSARY OR APPROPRIATE.
  2. THE CORPORATION MAY PROVIDE TECHNICAL SERVICES  AND  ASSISTANCE  OR
CONTRACT TO PROVIDE TECHNICAL SERVICES AND ASSISTANCE TO ELIGIBLE APPLI-
CANTS  TO  COMPLY  WITH  THE PROVISIONS AND INTENT OF THIS ARTICLE WHICH
SERVICES AND ASSISTANCE MAY INCLUDE BUT SHALL NOT NECESSARILY BE LIMITED

S. 6356--C                         96

TO REHABILITATION SKILLS TRAINING, SITE SELECTION,  FINANCIAL  PACKAGING
AND ENGINEERING AND ARCHITECTURAL SERVICES NECESSARY FOR THE PREPARATION
OF  PROPOSALS FOR ENTERING INTO CONTRACTS OR FOR THE CONTINUED OPERATION
OF  COOPERATIVE  OR  CONDOMINIUM,  HOMESTEADING OR RENTAL REHABILITATION
PROJECTS.
  3. THE CORPORATION SHALL, ON OR BEFORE  SEPTEMBER  FIFTEENTH  IN  EACH
YEAR,  SUBMIT A PROPOSED BUDGET FOR THE OPERATION OF THE CORPORATION FOR
ITS NEXT FISCAL YEAR TO THE DIRECTOR OF THE BUDGET FOR HIS REVIEW.   THE
CHAIRMAN  OF THE CORPORATION SHALL ALSO DELIVER A COPY OF SUCH BUDGET TO
THE CHAIRMAN OF THE SENATE FINANCE COMMITTEE AND  THE  CHAIRMAN  OF  THE
ASSEMBLY  WAYS  AND  MEANS COMMITTEE AT THE SAME TIME THAT THE BUDGET IS
DELIVERED TO THE DIRECTOR OF THE BUDGET. THE BUDGET  SHALL  INCLUDE  THE
TOTAL AMOUNT NEEDED FOR CORPORATE PURPOSES, INCLUDING THE FUNDS REQUIRED
BY  THE  CORPORATION  FOR  ITS  GENERAL AND ADMINISTRATIVE EXPENSES, THE
SOURCE OF ALL FUNDS THAT THE CORPORATION EXPECTS  TO  RECEIVE  AND  SUCH
OTHER INFORMATION AS THE DIRECTOR OF THE BUDGET SHALL REQUIRE.
  4.  THE  CORPORATION  SHALL  REQUIRE  THE  SUBMISSION  OF  THE  NAMES,
ADDRESSES AND BUSINESS BACKGROUND OF THE PRINCIPALS INVOLVED, THE NATURE
OF THEIR FIDUCIARY RELATIONSHIP AND THEIR FINANCIAL RELATIONSHIP,  PAST,
PRESENT AND FUTURE, TO THE PROJECT AND TO EACH OTHER.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and  directed  to  be  made  and completed on or before such
effective date.

                                 PART HH

  Section 1. The social services law is amended by adding a new  section
390-i to read as follows:
  S  390-I. NOTICE OF INSPECTION REPORT. 1. EACH CHILD DAY CARE PROVIDER
THAT OPERATES A RESIDENTIAL OR NON-RESIDENTIAL CHILD DAY CARE  FACILITY,
WHERE  CHILD  DAY  CARE IS PROVIDED SHALL POST A COPY OF ITS MOST RECENT
INSPECTION REPORT IN A PROMINENT PLACE, AND IF POSSIBLE ON  THE  WEBSITE
OF SUCH PROVIDER.
  2.  ALL SUCH RESIDENTIAL AND NON-RESIDENTIAL CHILD DAY CARE FACILITIES
REGULATED PURSUANT TO THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION
BY  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES, OR THE DEPARTMENT OF
HEALTH AND MENTAL HEALTH OF THE CITY OF NEW YORK, SHALL COMPLY WITH  THE
POSTING  REQUIREMENTS  OF  THIS SECTION TO BE ENFORCED BY THE APPLICABLE
STATE OR CITY AGENCY PURSUANT TO ITS RULES OR REGULATIONS.
  S 2. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law. Provided, however,
that effective immediately any rules and regulations necessary to imple-
ment the provisions of this act on its effective date are authorized and
directed to be completed on or before such date.

                                 PART II

  Section 1. The provisions of subdivision (c) of section 11-245.1-b  of
the  administrative code of the city of New York shall not be applicable
to any multiple dwelling containing fewer than 4 dwelling units, as  set
forth  in the certificate of occupancy, that is located on lots numbered
1667 through 1708 and lots numbered 1801 through  1964  of  Bronx  block
numbered  3432, as such lots are indicated on the tax map of the city of

S. 6356--C                         97

New York, provided that the construction of any such multiple  dwellings
on  those  lots  commences  on  or before January 1, 2009, and provided,
further, that any application for a preliminary or a  final  certificate
of eligibility for such lots is submitted to the local housing agency no
later than 180 days after the effective date of this act.
  S 2. This act shall take effect immediately.

                                 PART JJ

  Section  1.  Subparagraph  (i)  of  paragraph  (b) of subdivision 4 of
section 425 of the real property tax law is  amended  by  adding  a  new
clause (C-1) to read as follows:
  (C-1)  NOTWITHSTANDING  THE  PROVISIONS OF CLAUSE (C) OF THIS SUBPARA-
GRAPH, IN THE EVENT THAT A SENIOR CITIZEN WHO, AS A RESULT OF THE  DEATH
OF HIS OR HER SPOUSE, EXPERIENCES A SUFFICIENT DECREASE IN INCOME DURING
THE  TAX  YEAR  IMMEDIATELY PRECEDING THE DATE OF MAKING APPLICATION FOR
THE EXEMPTION, THEN FOR THE PURPOSES OF DETERMINING ELIGIBILITY FOR  THE
ENHANCED  EXEMPTION,  SUCH  SENIOR CITIZEN MAY USE HIS OR HER INCOME FOR
SUCH YEAR; PROVIDED THAT THE INCOME TAX RETURN FOR SUCH  YEAR  HAS  BEEN
FILED  WITH THE APPROPRIATE STATE OR FEDERAL AGENCY, OR OTHER DOCUMENTA-
TION OF INCOME ELIGIBILITY HAS BEEN FILED WITH THE ASSESSOR OF APPROPRI-
ATE JURISDICTION, PRIOR TO APRIL THIRTIETH.
  S 2. This act shall take effect immediately.

                                 PART KK

  Section 1.  Subdivision 2 of section 410-u of the social services law,
as added by section 52 of part B of chapter 436 of the laws of 1997,  is
amended to read as follows:
  2.  The  state  block  grant  for child care shall be divided into two
parts pursuant to a  plan  developed  by  the  [department]  OFFICE  and
approved  by the  director of the budget.  One part shall be retained by
the state to  provide child care on a statewide basis to special  groups
and for  activities to increase the availability and/or quality of child
care    programs,  including,  but not limited to, the start-up of child
care   programs, the operation  of  child  care  resource  and  referral
programs,  training  activities,  the regulation and monitoring of child
care programs, the development of computerized data systems, and consum-
er education, provided however, that child care  resource  and  referral
programs  funded under title five-B of article six of this chapter shall
meet additional performance standards developed by  the  [department  of
social  services]  OFFICE  OF CHILDREN AND FAMILY SERVICES including but
not limited to: increasing the  number  of  child  care  placements  for
persons  who  are  at  or  below two hundred percent of the state income
standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STANDARD FOR  THOSE
IN  THE  FACILITATED  ENROLLMENT  PROGRAM,  with  emphasis on placements
supporting local efforts in meeting federal and state work participation
requirements, increasing technical assistance to all modalities of legal
child care to persons who are at or below two  hundred  percent  of  the
state income standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STAND-
ARD  FOR  THOSE  IN  THE  FACILITATED  ENROLLMENT PROGRAM, including the
provision of training to assist providers in meeting child  care  stand-
ards  or  regulatory  requirements, and creating new child care opportu-
nities,  and  assisting  social  services  districts  in  assessing  and
responding  to  child  care  needs  for  persons at or below two hundred
percent of the state income standard OR  FOUR  HUNDRED  PERCENT  OF  THE

S. 6356--C                         98

STATE  INCOME  STANDARD FOR THOSE IN THE FACILITATED ENROLLMENT PROGRAM.
The [department] OFFICE shall have the authority to withhold funds  from
those  agencies  which do not meet performance standards. Agencies whose
funds  are  withheld  may have funds restored upon achieving performance
standards.   The other  part  shall  be  allocated  to  social  services
districts  to provide child care assistance to families receiving family
assistance and to other low income families.
  S 2. Section 410-v of the social services law is amended by  adding  a
new subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  INCONSISTENT  PROVISIONS OF LAW, APPROPRIATE
CHILD CARE BLOCK GRANT FUNDS SHALL BE AVAILABLE TO CONTINUE  AND  EXPAND
OPERATION  OF  FACILITATED  ENROLLMENT  PROGRAMS  IN NEW YORK STATE. THE
CHILD CARE FACILITATED ENROLLMENT PROGRAMS EXPAND ACCESS TO  CHILD  CARE
SUBSIDIES  FOR  WORKING FAMILIES WITH INCOMES UP TO FOUR HUNDRED PERCENT
OF THE STATE INCOME STANDARD.
  (A) SUCH PROGRAMS OUTSIDE THE CITY OF NEW YORK SHALL  BE  ADMINISTERED
BY  THE  NYS  AFL-CIO WORKFORCE DEVELOPMENT INSTITUTE, AND SUCH PROGRAMS
WITHIN THE CITY OF NEW YORK SHALL BE ADMINISTERED BY THE CONSORTIUM  FOR
WORKERS EDUCATION (ADMINISTERING ORGANIZATIONS).
  (B)  ADMINISTERING ORGANIZATIONS MAY, AT THEIR DISCRETION AND WITH THE
APPROVAL OF THE COMMISSIONER  OF  THE  OFFICE  OF  CHILDREN  AND  FAMILY
SERVICES  AND  WITHIN  THE  APPROPRIATIONS  ALLOCATED TO THE FACILITATED
ENROLLMENT PROGRAM, CONTRACT WITH AND OVERSEE  APPROPRIATE  AND  EXPERI-
ENCED  NOT-FOR-PROFIT  CHILD  CARE AGENCIES TO ASSIST IN THE DELIVERY OF
FACILITATED ENROLLMENT SERVICES.
  (C) ADMINISTERING ORGANIZATIONS MAY SPEND NO MORE THAN TEN PERCENT  OF
THE  BLOCK  GRANT  ALLOCATION  FOR  ADMINISTRATIVE  ACTIVITIES. THE TERM
"ADMINISTRATIVE ACTIVITIES" SHALL NOT INCLUDE  THE  COSTS  OF  PROVIDING
DIRECT  SERVICES, BUT SHALL INCLUDE THE START-UP COSTS OF IMPLEMENTING A
NEW PROGRAM IN AN AREA NOT YET SERVED UNTIL  THE  PROGRAM  IS  AVAILABLE
STATEWIDE.
  (D)  THE  REMAINING  PORTION  OF  THE  FUNDS SHALL BE ALLOCATED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES  TO  THE  LOCAL  SOCIAL  SERVICES
DISTRICTS  WHERE  THE  RECIPIENT  FAMILIES  RESIDE  AS DETERMINED BY THE
PROJECT ADMINISTRATOR BASED ON PROJECTED  NEED  AND  COST  OF  PROVIDING
CHILD  CARE  SUBSIDY  PAYMENTS  TO WORKING FAMILIES ENROLLED THROUGH THE
FACILITATED ENROLLMENT PROGRAM, A LOCAL SOCIAL SERVICES  DISTRICT  SHALL
NOT  REIMBURSE  SUBSIDY  PAYMENTS IN EXCESS OF THE AMOUNT OF THE SUBSIDY
FUNDING APPROPRIATED HEREIN CAN SUPPORT.  CHILD CARE SUBSIDIES  PAID  ON
BEHALF  OF  ELIGIBLE  FAMILIES SHALL BE REIMBURSED AT THE ACTUAL COST OF
CARE UP TO THE APPLICABLE MARKET RATE FOR  THE  DISTRICT  IN  WHICH  THE
CHILD  CARE IS PROVIDED IN ACCORDANCE WITH THE FEE SCHEDULE OF THE LOCAL
SOCIAL SERVICES DISTRICT MAKING THE SUBSIDY PAYMENTS.
  (E) ADMINISTERING ORGANIZATIONS SHALL MAINTAIN  THE  NUMBER  OF  CHILD
CARE SLOTS AS FUNDING FOR THE FACILITATED ENROLLMENT PROGRAM WILL ALLOW,
PROVIDING SLOTS ON A FIRST-COME, FIRST SERVE BASIS FOR ELIGIBLE FAMILIES
WITH  HOUSEHOLD  INCOMES UP TO AND INCLUDING FOUR HUNDRED PERCENT OF THE
STATE INCOME STANDARD.
  (F) ADMINISTERING  ORGANIZATIONS  ARE  REQUIRED  TO  SUBMIT  BIMONTHLY
(ALTERNATING  MONTHS)  REPORTS  TO  THE  OFFICE  OF  CHILDREN AND FAMILY
SERVICES, THE LOCAL SOCIAL SERVICES DISTRICT, AND TO THE  ADMINISTRATION
FOR  CHILDREN'S SERVICES   FOR THOSE PROGRAMS LOCATED IN THE CITY OF NEW
YORK; AND ARE FURTHER REQUIRED TO SUBMIT REPORTS ON AN ANNUAL  BASIS  ON
DECEMBER  FIRST,  TWO  THOUSAND FOURTEEN AND THEREAFTER TO THE CHAIRS OF
THE SENATE COMMITTEE ON CHILDREN AND FAMILIES AND THE  SENATE  COMMITTEE
ON  SOCIAL SERVICES, THE CHAIR OF THE ASSEMBLY COMMITTEE ON CHILDREN AND

S. 6356--C                         99

FAMILIES, THE CHAIR OF THE ASSEMBLY COMMITTEE ON  SOCIAL  SERVICES,  THE
CHAIR  OF  THE  SENATE COMMITTEE ON LABOR, AND THE CHAIR OF THE ASSEMBLY
COMMITTEE ON LABOR.
  (G) EACH REPORT MUST PROVIDE WITHOUT BENEFIT OF PERSONALLY IDENTIFYING
INFORMATION,  THE  PROGRAMS'  CURRENT  ENROLLMENT  LEVEL,  AMOUNT OF THE
CHILD'S SUBSIDY, CO-PAYMENT LEVELS AND OTHER INFORMATION  AS  NEEDED  OR
REQUIRED  BY  THE  OFFICE  OF CHILDREN AND FAMILY SERVICES. FURTHER, THE
OFFICE SHALL PROVIDE TECHNICAL ASSISTANCE TO THE PROGRAMS TO ASSIST WITH
PROJECT ADMINISTRATION AND TIMELY COORDINATION OF THE  MONTHLY  CLAIMING
PROCESS.
  S  3.  Paragraphs  (b),  (c),  (d) and (e) of subdivision 1 of section
410-w of the social services law, as amended by chapter 569 of the  laws
of 2001, are amended to read as follows:
  (b)  families  with  incomes  up  to  two hundred percent of the state
income standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STANDARD FOR
THOSE IN THE FACILITATED ENROLLMENT PROGRAM who are  attempting  through
work  activities  to transition off of public assistance when such child
care is necessary in order to enable a parent or caretaker  relative  to
engage in work provided such families' public assistance has been termi-
nated  as  a  result  of increased hours of or income from employment or
increased income from child support payments or the  family  voluntarily
ended  assistance; and, provided that the family received public assist-
ance at least three of the six  months  preceding  the  month  in  which
eligibility  for  such  assistance  terminated or ended or provided that
such family has received child care assistance under subdivision four of
this section;
  (c) families with incomes up to  two  hundred  percent  of  the  state
income standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STANDARD FOR
THOSE  IN  THE  FACILITATED  ENROLLMENT  PROGRAM which are determined in
accordance with the regulations of the [department] OFFICE to be at risk
of becoming dependent on family assistance;
  (d) families with incomes up to  two  hundred  percent  of  the  state
income standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STANDARD FOR
THOSE  IN  THE  FACILITATED  ENROLLMENT PROGRAM who are attending a post
secondary educational program and working at least  seventeen  and  one-
half hours per week; and
  (e) other families with incomes up to two hundred percent of the state
income standard OR FOUR HUNDRED PERCENT OF THE STATE INCOME STANDARD FOR
THOSE  IN  THE  FACILITATED ENROLLMENT PROGRAM which the social services
district designates in its consolidated services plan  as  eligible  for
child  care  assistance  in  accordance with criteria established by the
[department] OFFICE.
  S 4. Subdivision 6 of section 410-x of the  social  services  law,  as
added  by  section  52  of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
  6. Pursuant to department regulations, child care assistance shall  be
provided  on a sliding fee basis based upon the family's ability to pay.
FOR THOSE FAMILIES ENROLLED IN THE FACILITATED  ENROLLMENT  PROGRAM,  NO
CO-PAYMENT SHALL BE ASSESSED TO A FAMILY WHOSE INCOME IS AT OR BELOW THE
STATE  INCOME  STANDARD  AS  DEFINED  IN SUBDIVISION TWO OF SECTION FOUR
HUNDRED TEN-W OF THIS TITLE. CO-PAYMENTS SHALL NOT EXCEED TEN PERCENT OF
THE HOUSEHOLD INCOME.
  S 5. This act shall take effect immediately.

                                 PART LL

S. 6356--C                         100

  Section 1. Subdivision 9 of section 201 of the  workers'  compensation
law is amended by adding a new paragraph C to read as follows:
  C. "DISABILITY" ALSO INCLUDES FAMILY CARE.
  S  2.  Subdivision 14 of section 201 of the workers' compensation law,
as added by chapter 600 of the laws of 1949 and as renumbered by chapter
438 of the laws of 1964, is amended, and nine new subdivisions  15,  16,
17, 18, 19, 20, 21, 22 and 23 are added to read as follows:
  14.  "A  day  of  disability"  means any day on which the employee was
prevented from performing work because of disability, INCLUDING ANY  DAY
WHICH THE EMPLOYEE USES FOR FAMILY CARE, and for which [he] THE EMPLOYEE
has not received his OR HER regular remuneration.
  15. "FAMILY CARE" MEANS ANY LEAVE TAKEN BY AN EMPLOYEE FROM PERFORMING
WORK:
  A.  TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOG-
ICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERI-
OUS HEALTH CONDITION OF THE FAMILY MEMBER; OR
  B. TO BOND WITH THE EMPLOYEE'S CHILD DURING THE  FIRST  TWELVE  MONTHS
AFTER  THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT
OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE.
  16. "CHILD" MEANS A BIOLOGICAL, ADOPTED OR FOSTER CHILD, A STEP-CHILD,
A LEGAL WARD OR A CHILD OF A PERSON WHO STANDS IN PARENTAL  RELATIONSHIP
TO THE CHILD WHO IS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B.  EIGHTEEN  YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  17. "DOMESTIC PARTNER" HAS THE SAME MEANING SET FORTH  IN  SUBDIVISION
ONE OF SECTION FOUR OF THIS CHAPTER.
  18.  "SERIOUS  HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT,
OR PHYSICAL OR MENTAL CONDITION THAT:
  A. REQUIRES INPATIENT CARE  IN  A  HOSPITAL,  HOSPICE  OR  RESIDENTIAL
HEALTH CARE FACILITY; OR
  B. REQUIRES CONTINUING TREATMENT BY A HEALTH CARE PROVIDER.
  19.  "PARENT"  MEANS A BIOLOGICAL OR ADOPTIVE PARENT OR STEP-PARENT OF
AN EMPLOYEE, OR A PERSON  WHO  STOOD  IN  PARENTAL  RELATIONSHIP  TO  AN
EMPLOYEE WHEN THE EMPLOYEE WAS:
  A. LESS THAN EIGHTEEN YEARS OF AGE; OR
  B.  EIGHTEEN  YEARS OF AGE OR OLDER AND INCAPABLE OF SELF-CARE BECAUSE
OF A MENTAL OR PHYSICAL DISABILITY.
  20. "FAMILY MEMBER" MEANS A CHILD, SPOUSE, DOMESTIC  PARTNER,  PARENT,
GRANDCHILD, GRANDPARENT, OR MOTHER OR FATHER OF A DOMESTIC PARTNER.
  21.  "PERSONS  WHO  STAND IN PARENTAL RELATIONSHIP TO A CHILD" INCLUDE
THOSE WITH DAY-TO-DAY RESPONSIBILITIES TO CARE FOR AND PROVIDE FINANCIAL
SUPPORT OF A CHILD, OR, IN THE CASE OF AN EMPLOYEE, WHO HAD SUCH RESPON-
SIBILITY FOR THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. A BIOLOGICAL OR
LEGAL RELATIONSHIP SHALL NOT BE NECESSARY.
  22. "GRANDCHILD" MEANS THE CHILD OF A CHILD.
  23. "HEALTH CARE PROVIDER" MEANS A HEALTH  CARE  PRACTITIONER  WHO  IS
LICENSED  UNDER  THE  RELEVANT FEDERAL OR STATE LAWS TO PROVIDE MEDICAL,
EMERGENCY OR HEALTH SERVICES, AND IS TREATING AN EMPLOYEE  OR  A  FAMILY
MEMBER FOR A SERIOUS HEALTH CONDITION.
  S 3. Section 202 of the workers' compensation law is amended by adding
a new subdivision 1-a to read as follows:
  1-A.  SOLELY FOR THE PURPOSES OF THE PROVISIONS OF THIS ARTICLE RELAT-
ING TO THE PROVISION OF BENEFITS,  RIGHTS  AND  PRIVILEGES  RELATING  TO
FAMILY  CARE  LEAVE,  "COVERED  EMPLOYER" SHALL INCLUDE THE STATE OR ANY

S. 6356--C                         101

POLITICAL OR CIVIL SUBDIVISION THEREOF, AND EMPLOYERS  WITH  TWENTY-FIVE
OR MORE EMPLOYEES.
  S  4.  The  workers'  compensation  law  is  amended by adding two new
sections 203-a and 203-b to read as follows:
  S 203-A. RETALIATORY ACTION PROHIBITED.  1. THE PROVISIONS OF  SECTION
ONE  HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF
THIS ARTICLE SHALL BE APPLICABLE TO FAMILY CARE LEAVE AS  IF  FULLY  SET
FORTH IN THIS SECTION.
  2.  NOTHING  IN  THIS  SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS,
PRIVILEGES OR REMEDIES OF ANY EMPLOYEE UNDER ANY  COLLECTIVE  BARGAINING
AGREEMENT  OR  EMPLOYMENT  CONTRACT;  EXCEPT  THAT THE INSTITUTION OF AN
ACTION IN ACCORDANCE WITH THIS SECTION SHALL BE DEEMED A WAIVER  OF  THE
RIGHTS  AND  REMEDIES  AVAILABLE  UNDER ANY OTHER CONTRACT OR COLLECTIVE
BARGAINING AGREEMENT.
  S 203-B. FAMILY CARE LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOY-
ER WHO TAKES FAMILY CARE LEAVE ON OR AFTER JANUARY FIRST,  TWO  THOUSAND
FIFTEEN UNDER THIS SECTION SHALL BE ENTITLED, ON RETURN FROM SUCH LEAVE,
TO BE RESTORED BY HIS OR HER EMPLOYER TO THE POSITION OF EMPLOYMENT HELD
BY  THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPA-
RABLE POSITION WITH COMPARABLE EMPLOYMENT BENEFITS, PAY AND OTHER  TERMS
AND  CONDITIONS  OF  EMPLOYMENT.  THE TAKING OF LEAVE FOR THE PURPOSE OF
FAMILY CARE SHALL NOT RESULT IN  THE  LOSS  OF  ANY  EMPLOYMENT  BENEFIT
ACCRUED  PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS
SECTION SHALL BE CONSTRUED TO  ENTITLE  ANY  RESTORED  EMPLOYEE  TO  THE
ACCRUAL  OF  ANY  SENIORITY  OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF
LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO  WHICH  THE  EMPLOYEE  WOULD
HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN SUCH LEAVE. A VIOLATION OF
THIS  SECTION SHALL BE A VIOLATION OF SECTION ONE HUNDRED TWENTY OF THIS
CHAPTER, AND ALL REMEDIES AND  PENALTIES  AVAILABLE  UNDER  SECTION  ONE
HUNDRED TWENTY OF THIS CHAPTER SHALL BE AVAILABLE FOR VIOLATIONS OF THIS
SECTION AS IF FULLY SET FORTH IN THIS SECTION.
  S 5. Section 204 of the workers' compensation law is amended by adding
a new subdivision 3 to read as follows:
  3.  THE WEEKLY BENEFIT WHICH AN EMPLOYEE ON FAMILY CARE LEAVE IS ENTI-
TLED TO RECEIVE FOR DISABILITY COMMENCING ON OR AFTER JANUARY FIRST, TWO
THOUSAND FIFTEEN, BUT BEFORE JANUARY FIRST, TWO THOUSAND SIXTEEN,  SHALL
BE  FIFTY  PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE, BUT IN NO CASE
SHALL SUCH BENEFIT EXCEED THIRTY-FIVE PERCENT OF THE  STATEWIDE  AVERAGE
WEEKLY  WAGE  AS  DETERMINED  BY  THE DEPARTMENT PURSUANT TO SUBDIVISION
SIXTEEN OF SECTION TWO OF THIS CHAPTER.   THE WEEKLY BENEFIT  WHICH  THE
DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILITY COMMENCING ON OR
AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, BUT BEFORE JANUARY FIRST, TWO
THOUSAND  SEVENTEEN,  SHALL  BE  FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE
WEEKLY WAGE, BUT IN NO CASE SHALL SUCH BENEFIT EXCEED FORTY  PERCENT  OF
THE STATEWIDE AVERAGE WEEKLY WAGE AS DETERMINED BY THE DEPARTMENT PURSU-
ANT  TO  SUBDIVISION  SIXTEEN OF SECTION TWO OF THIS CHAPTER. THE WEEKLY
BENEFIT WHICH THE DISABLED EMPLOYEE IS ENTITLED TO RECEIVE FOR DISABILI-
TY COMMENCING ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN SHALL BE
FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY  WAGE,  BUT  IN  NO  CASE
SHALL  SUCH BENEFIT EXCEED FIFTY PERCENT OF THE STATEWIDE AVERAGE WEEKLY
WAGE AS DETERMINED BY THE DEPARTMENT PURSUANT TO SUBDIVISION SIXTEEN  OF
SECTION TWO OF THIS CHAPTER.
  S  6.  Subdivisions  1,  2, 3, 4, and 8 of section 205 of the workers'
compensation law, subdivision 1 as amended by chapter 651 of the laws of
1958, subdivision 2 as amended by chapter 270 of the laws  of  1990  and
subdivisions  3, 4 and 8 as added by chapter 600 of the laws of 1949 and

S. 6356--C                         102

as renumbered by chapter 352 of the laws of 1981, are amended and a  new
subdivision 9 is added to read as follows:
  1.  (A) For DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF
AN EMPLOYEE, FOR more than twenty-six weeks during a period of fifty-two
consecutive calendar weeks or during any one period of disability, OR
  (B) FOR FAMILY CARE, FOR MORE  THAN  SIX  WEEKS  DURING  A  PERIOD  OF
FIFTY-TWO  CONSECUTIVE CALENDAR WEEKS OR DURING ANY ONE PERIOD OF FAMILY
CARE;
  2. for any period of disability RESULTING FROM THE INJURY, SICKNESS OR
PREGNANCY OF AN EMPLOYEE during which an employee is not under the  care
of  a  duly  licensed  physician or with respect to disability resulting
from a condition of the foot which may lawfully be  treated  by  a  duly
registered  and  licensed  podiatrist  of  the state of New York or with
respect to a disability resulting from a condition which may lawfully be
treated by a duly registered and licensed chiropractor of the  state  of
New  York  or  with  respect  to a disability resulting from a condition
which may lawfully be treated by a duly licensed dentist of the state of
New York or with respect to a  disability  resulting  from  a  condition
which may lawfully be treated by a duly registered and licensed psychol-
ogist of the state of New York or with respect to a disability resulting
from a condition which may lawfully be treated by a duly certified nurse
midwife,  for  any period of such disability during which an employee is
neither under the care of a physician nor a podiatrist, nor a chiroprac-
tor, nor a dentist, nor a psychologist, nor a certified  nurse  midwife;
and for any period of disability during which an employee who adheres to
the  faith or teachings of any church or denomination and who in accord-
ance with its creed, tenets or principles depends for healing upon pray-
er through spiritual means alone in the practice  of  religion,  is  not
under the care of a practitioner duly accredited by the church or denom-
ination,  and  provided such employee shall submit to all physical exam-
inations as required by this chapter[.];
  3. for any disability RESULTING FROM INJURY OR SICKNESS OF AN EMPLOYEE
occasioned by the wilful intention of the employee to bring about injury
to or the sickness of himself or another, or resulting from  any  injury
or  sickness sustained in the perpetration by the employee of an illegal
act;
  4. for any day of disability during which the employee performed  work
for  remuneration or profit, BUT NOT INCLUDING ANY REMUNERATION RECEIVED
FOR CARING FOR A FOSTER OR ADOPTED CHILD OR OTHER INDIVIDUAL RESIDING IN
THE EMPLOYEE'S PLACE OF RESIDENCE;
  8. for any disability RESULTING FROM AN INJURY, SICKNESS OR  PREGNANCY
OF THE EMPLOYEE commencing before the employee becomes eligible to bene-
fits  hereunder  [or  commencing  prior  to July first, nineteen hundred
fifty, but this shall not preclude benefits for  recurrence  after  July
first,  nineteen  hundred fifty, of a disability commencing prior there-
to.]; OR
  9. FOR ANY DAY OF ABSENCE FROM WORK REQUIRED PURSUANT TO ANY DISCIPLI-
NARY PROCESS, OR, WITH REGARD  TO  FAMILY  CARE  BENEFITS,  ANY  DAY  OF
ABSENCE  FROM  WORK  RESULTING  FOR INJURY, SICKNESS OR PREGNANCY OF THE
EMPLOYEE, INCLUDING ANY  LEAVE  TAKEN  UNDER  SECTION  SEVENTY-THREE  OR
SEVENTY-FIVE OF THE CIVIL SERVICE LAW.
  S  7. The workers' compensation law is amended by adding a new section
205-a to read as follows:
  S 205-A. RELATIONSHIP BETWEEN DISABILITY BENEFITS FOR FAMILY CARE  AND
FOR  THE  EMPLOYEE'S  OWN INJURY, SICKNESS OR PREGNANCY.  THE RECEIPT OF
BENEFITS FOR DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY  OF

S. 6356--C                         103

THE  EMPLOYEE, SHALL NOT COUNT TOWARD ANY TIME LIMITATION UNDER SUBDIVI-
SION ONE OF SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE  RECEIPT  OF
BENEFITS  FOR  FAMILY  CARE, AND THE RECEIPT OF BENEFITS FOR FAMILY CARE
SHALL  NOT  COUNT  TOWARD  ANY  TIME LIMITATION UNDER SUBDIVISION ONE OF
SECTION TWO HUNDRED FIVE OF THIS ARTICLE ON THE RECEIPT OF BENEFITS  FOR
DISABILITY RESULTING FROM INJURY, SICKNESS OR PREGNANCY TO THE EMPLOYEE,
EXCEPT  THAT  AN  EMPLOYEE  MAY  RECEIVE DISABILITY BENEFITS ON ONLY ONE
CLAIM AT ANY TIME.
  S 8. Subdivision 3 of section 209 of the workers' compensation law, as
amended by chapter 415 of the laws of 1983, is amended and a new  subdi-
vision 6 is added to read as follows:
  3.  The  contribution  of each such employee to the cost of disability
benefits provided by this article shall be one-half of one per centum of
the employee's wages paid to him  on  and  after  July  first,  nineteen
hundred fifty, but not in excess of sixty cents per week FOR THE COST OF
DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY OF THE EMPLOYEE.
  6. EFFECTIVE DURING THE TWO THOUSAND FIFTEEN CALENDAR YEAR FAMILY CARE
BENEFITS  SHALL  BE  PROVIDED AT NO COST TO AN ELIGIBLE EMPLOYEE THROUGH
THE STATE GENERAL FUND. THIS EXACT LEVEL OF FUNDING SHALL BE PROVIDED BY
THE STATE EACH CALENDAR YEAR FOR  FAMILY  CARE  BENEFITS.  DURING  EVERY
SUBSEQUENT  CALENDAR YEAR, THE CONTRIBUTION OF EACH SUCH EMPLOYEE TO THE
COST OF FAMILY CARE BENEFITS SHALL BE SET BY REGULATION  OF  THE  SUPER-
INTENDENT  OF  FINANCIAL SERVICES. EMPLOYERS SHALL NOT CONTRIBUTE TOWARD
THE COST OF FAMILY CARE BENEFITS.
  S 9. Section 211 of the workers' compensation law is amended by adding
two new subdivisions 7 and 8 to read as follows:
  7. SUCH FAMILY CARE BENEFITS AS ARE PROVIDED FOR IN THIS ARTICLE SHALL
BE IN ADDITION TO, AND SHALL NOT AMEND, REPEAL OR REPLACE, THE TERMS  OF
ANY AGREEMENT THAT IS COLLECTIVELY NEGOTIATED BETWEEN AN EMPLOYER AND AN
EMPLOYEE  ORGANIZATION,  INCLUDING  AGREEMENT  OR  INTEREST  ARBITRATION
AWARDS MADE PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
  8. NOTHING IN THIS ARTICLE SHALL REQUIRE AN EMPLOYER TO USE  THE  SAME
CARRIER  TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE UNDER THIS ARTI-
CLE FOR DISABILITY RESULTING FROM INJURY, SICKNESS TO  OR  PREGNANCY  OF
THE  EMPLOYEE  AS IT USES TO PROVIDE BENEFITS REQUIRED BY OR PERMISSIBLE
UNDER THIS ARTICLE FOR FAMILY CARE. AN  EMPLOYER  MAY  USE  A  DIFFERENT
MEANS,  AMONG  THOSE  SET FORTH IN SUBDIVISIONS ONE THROUGH FIVE OF THIS
SECTION, TO PROVIDE BENEFITS REQUIRED BY  THIS  ARTICLE  FOR  DISABILITY
RESULTING  FROM INJURY OR SICKNESS TO OR PREGNANCY OF THE EMPLOYEE, FROM
THE MEANS USED TO PROVIDE BENEFITS REQUIRED BY THIS ARTICLE  FOR  FAMILY
CARE.
  S 10. The workers' compensation law is amended by adding a new section
211-a to read as follows:
  S  211-A.  PUBLIC  EMPLOYEES; EMPLOYEE OPTION. 1. FOR PURPOSES OF THIS
SECTION:
  (A) "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE,  ANY  POLITICAL
SUBDIVISION  OF THE STATE, A PUBLIC AUTHORITY, OR ANY OTHER GOVERNMENTAL
AGENCY OR INSTRUMENTALITY.
  (B) "PUBLIC EMPLOYER" MEANS THE STATE, ANY  POLITICAL  SUBDIVISION  OF
THE  STATE,  A  PUBLIC  AUTHORITY,  OR  ANY OTHER GOVERNMENTAL AGENCY OR
INSTRUMENTALITY THEREOF.
  (C) "EMPLOYEE ORGANIZATION"  SHALL  HAVE  THE  MEANING  SET  FORTH  IN
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW.
  2.  PUBLIC  EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY CARE TO PUBLIC
EMPLOYEES WHERE AN EMPLOYEE ORGANIZATION THAT  REPRESENTS  THOSE  PUBLIC
EMPLOYEES  ELECTS  TO  HAVE  FAMILY CARE BENEFITS PROVIDED IN ACCORDANCE

S. 6356--C                         104

WITH THE PROCEDURES AND TERMS SET FORTH IN  SUBDIVISION  THREE  OF  THIS
SECTION.
  3.  AN  EMPLOYEE  ORGANIZATION  MAY ELECT TO HAVE FAMILY CARE BENEFITS
PROVIDED ON BEHALF OF THE PUBLIC EMPLOYEES IT REPRESENTS:
  (A) AT ANY TIME UPON NINETY DAYS NOTICE TO ANY PUBLIC  EMPLOYER  WHICH
IS  NOT  PROVIDING DISABILITY BENEFITS FOR INJURY, SICKNESS OR PREGNANCY
OF A PUBLIC EMPLOYEE UNDER SECTION TWO HUNDRED TWELVE OF  THIS  ARTICLE,
OR WHICH IS SELF-INSURED FOR SUCH BENEFITS;
  (B) FOR ANY PUBLIC EMPLOYER WHICH IS PROVIDING DISABILITY BENEFITS FOR
INJURY,  SICKNESS  OR  PREGNANCY  OF A PUBLIC EMPLOYEE UNDER SECTION TWO
HUNDRED TWELVE OF THIS ARTICLE, UPON NOTICE AT LEAST NINETY  DAYS  PRIOR
TO  THE  EXPIRATION  OF  THE PUBLIC EMPLOYER'S INSURANCE POLICY FOR SUCH
BENEFITS, WHICH ELECTION SHALL BE EFFECTIVE ONLY  FOR  THE  TIME  PERIOD
COVERED BY ANY SUBSEQUENT POLICY OR RENEWAL; OR
  (C) AT ANY TIME AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGAN-
IZATION  AND  ANY  PUBLIC  EMPLOYER.  AN  EMPLOYEE ORGANIZATION THAT HAS
ELECTED TO HAVE THE FAMILY CARE BENEFIT PROVIDED MAY OPT OUT OF IT WITH-
IN THE TIME PERIODS, AND EFFECTIVE UPON THE SAME  DATES,  SET  FORTH  IN
THIS PARAGRAPH.
  4.  IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI-
ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC
EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS  SECTION  TO
CONTRIBUTE THE FAMILY CARE COST AS SET FORTH IN SECTION TWO HUNDRED NINE
OF THIS ARTICLE.
  S  11.  Subdivisions  1,  2,  3  and  4 of section 217 of the workers'
compensation law, subdivision 1 as amended by chapter 167 of the laws of
1999, subdivisions 2 and 3 as amended by chapter  270  of  the  laws  of
1990, and subdivision 4 as added by chapter 600 of the laws of 1949, are
amended to read as follows:
  1.  (A)  Written  notice and proof of disability shall be furnished to
the employer by or on behalf of the employee claiming  benefits  or,  in
the  case of a claimant under section two hundred seven of this article,
to the chair, within thirty days after commencement  of  the  period  of
disability.  Additional proof shall be furnished thereafter from time to
time as the employer or carrier or chair may require but not more  often
than once each week. Such proof shall include:
  (I) IN THE CASE OF DISABILITY RESULTING FROM INJURY, SICKNESS OR PREG-
NANCY  OF  THE  EMPLOYEE,  a  statement  of disability by the employee's
attending [physician or attending podiatrist or  attending  chiropractor
or  attending  dentist  or attending psychologist or attending certified
nurse midwife, or in the case of an employee who adheres to the faith or
teachings of any church or denomination, and who in accordance with  its
creed,  tenets  or  principles  depends  for healing upon prayer through
spiritual means alone in the practice  of  religion,  by  an  accredited
practitioner,  containing  facts  and  opinions as to such disability in
compliance with regulations of the chair.] HEALTH CARE PROVIDER; AND
  (II) IN THE CASE OF FAMILY CARE FOR BONDING WITH A NEW CHILD, A  BIRTH
CERTIFICATE,  CERTIFICATE OF ADOPTION, OR OTHER COMPETENT EVIDENCE SHOW-
ING THAT THE EMPLOYEE IS THE PARENT OF A CHILD WITHIN TWELVE  MONTHS  OF
THAT  CHILD'S  BIRTH  OR  PLACEMENT FOR ADOPTION OR FOSTER CARE WITH THE
EMPLOYEE.
  (B) Failure to furnish notice or proof within  the  time  and  in  the
manner  [above]  provided IN PARAGRAPH (A) OF THIS SUBDIVISION shall not
invalidate the claim but no benefits shall be required to  be  paid  for
any  period  more than two weeks prior to the date on which the required
proof is furnished unless it shall be shown to the satisfaction  of  the

S. 6356--C                         105

chair  not  to  have  been reasonably possible to furnish such notice or
proof and that such notice or proof was furnished as soon  as  possible;
provided,  however,  that  no benefits shall be paid unless the required
proof of disability is furnished within twenty-six weeks after commence-
ment  of  the  period of disability.   No limitation of time provided in
this section shall run as against any person who  is  mentally  incompe-
tent,  or physically incapable of providing such notice as a result of a
serious medical condition, or a minor so long  as  such  person  has  no
guardian of the person and/or property.
  2.  An  employee claiming benefits FOR THE EMPLOYEE'S INJURY, SICKNESS
OR PREGNANCY shall, as requested by  the  employer  or  carrier,  submit
himself  or  herself  at  intervals,  but not more than once a week, for
examination by a [physician or podiatrist or chiropractor or dentist  or
psychologist  or  certified nurse midwife] RELEVANT HEALTH CARE PROVIDER
designated by the employer or carrier. All such  examinations  shall  be
without  cost to the employee and shall be held at a reasonable time and
place.
  3. The chair may direct the claimant WHO SEEKS DISABILITY BENEFITS FOR
HIS OR HER INJURY, SICKNESS OR PREGNANCY to submit to examination  by  a
[physician  or  podiatrist  or  chiropractor or dentist or psychologist]
RELEVANT HEALTH CARE PROVIDER designated by him or her in  any  case  in
which  the claim to disability benefits is contested and in claims aris-
ing under section two hundred seven OF THIS ARTICLE, and in other  cases
as the chair or board may require.
  4.  Refusal  of  the claimant without good cause to submit to any such
examination shall disqualify [him] THE CLAIMANT from all benefits  here-
under  for  the  period  of  such refusal, except as to benefits already
paid.
  S 12. Subdivision 2 of section 229 of the workers'  compensation  law,
as  added  by  chapter  271  of  the laws of 1985, is amended to read as
follows:
  2. (A) Whenever an employee of a covered employer who is eligible  for
benefits  under section two hundred four of this article shall be absent
from work due to a disability as defined in subdivision nine of  section
two  hundred  one  of this article for more than seven consecutive days,
the employer shall provide the employee with a written statement of  the
employee's rights under this article in a form prescribed by [the chair-
man]  CHAIR. The statement shall be provided to the employee within five
business days after the employee's seventh consecutive  day  of  absence
due  to disability or within five business days after the employer knows
or should know that the employee's absence is due to disability,  which-
ever is later.
  (B) EACH COVERED EMPLOYER SHALL PROVIDE EACH EMPLOYEE WITH A TYPEWRIT-
TEN,  PRINTED  OR  ELECTRONIC  NOTICE IN A FORM PRESCRIBED BY THE CHAIR,
STATING THAT THE EMPLOYER HAS PROVIDED FOR  THE  PAYMENT  OF  DISABILITY
BENEFITS AS REQUIRED BY THIS ARTICLE WITHIN THIRTY DAYS OF THE EFFECTIVE
DATE OF THIS PARAGRAPH.  EACH COVERED EMPLOYER SHALL PROVIDE SUCH NOTICE
TO ALL NEW EMPLOYEES WITHIN THIRTY DAYS OF THEIR FIRST DAY OF WORK.
  S 13. Subdivision 2 of section 76 of the workers' compensation law, as
added by chapter 600 of the laws of 1949, is amended to read as follows:
  2.  The purposes of the state insurance fund herein created are hereby
enlarged to provide [for the] insurance [by the state insurance fund of]
FOR the payment of the benefits required by section two hundred four  of
this  chapter, INCLUDING BENEFITS FOR FAMILY CARE PROVIDED EITHER IN THE
SAME POLICY WITH OR IN A SEPARATE POLICY FROM  BENEFITS  FOR  DISABILITY
RESULTING FROM INJURY OR SICKNESS TO OR PREGNANCY OF AN EMPLOYEE, AND AS

S. 6356--C                         106

PROVIDED  PURSUANT  TO  SECTION TWO HUNDRED ELEVEN-A OF THIS CHAPTER.  A
separate fund is hereby created within the state insurance  fund,  which
shall  be  known  as  the  "disability  benefits  fund", and which shall
consist  of  all premiums received and paid into said fund on account of
such insurance, all securities acquired by and through the use of moneys
belonging to said fund and of interest earned upon moneys  belonging  to
said fund and deposited or invested as herein provided.  Said disability
benefits  fund  shall be applicable to the payment of benefits, expenses
and assessments on account of insurance written pursuant to article nine
of this chapter.
  S 14. Paragraph 3 of subsection (a) of section 1113 of  the  insurance
law is amended to read as follows:
  (3) "Accident and health insurance," means (i) insurance against death
or  personal  injury  by  accident  or by any specified kind or kinds of
accident and insurance  against  sickness,  ailment  or  bodily  injury,
including  insurance  providing  disability benefits pursuant to article
nine of the workers' compensation law,  INCLUDING  ANY  INSURANCE  UNDER
SUCH  ARTICLE  FOR  FAMILY  CARE  BENEFITS,  AND/OR  DISABILITY BENEFITS
RESULTING FROM INJURY, SICKNESS OR PREGNANCY OF AN EMPLOYEE ALL,  except
as  specified in item (ii) [hereof] OF THIS PARAGRAPH; and (ii) non-can-
cellable disability  insurance,  meaning  insurance  against  disability
resulting  from sickness, ailment or bodily injury (but excluding insur-
ance solely against accidental injury) under any contract which does not
give the insurer  the  option  to  cancel  or  otherwise  terminate  the
contract at or after one year from its effective date or renewal date.
  S 15. 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 LL of this act shall be
as specifically set forth in the last section of such Parts.

S6356D (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A8556D
Law Section:
Budget Bills
Laws Affected:
Amd Various Laws, generally

S6356D (ACTIVE) - Bill Texts

view summary

Relates to contracts for excellence, calculation of the gap elimination restoration amount, total foundation aid, apportionment of school aid, teachers of tomorrow teacher recruitment and retention program, school district reorganizations and real property tax rates, transportation after 4 p.m.; establishes a teacher excellence fund; relates to charter schools, subjecting charter schools to financial audits by the comptroller of the city of New York for such charter schools located in such city and by the state comptroller for charter schools located outside of the city of New York, closure or dissolution of charter schools; authorizes the commissioner of education to establish regional tuition rates for approved special education itinerant services, to authorize reimbursement for approved special education itinerant services based on actual attendance; authorizes New York city to establish local tuition rates for approved special education itinerant services; relates to the apportionment and reimbursement of a program for work force education conducted by the consortium for worker education in New York city; amends certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budgets; makes permanent certain provisions relating to transportation contracts; relates to state aid to school districts and the appropriation of funds for the support of government; relates to educational opportunities for students with disabilities; amends the definition of "school district basic contribution"; relates to conditional appointment of school district, charter school or BOCES employees; relates 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; relates to the Valley Stream school district; extends the expiration of certain provisions relating to implementation of the No Child Left Behind Act of 2001; relates to the submission of an expenditure plan by the Roosevelt Union free school district; relates to certain apportionments authorizing the Roosevelt Union free serial bonds; relates to the effectiveness of certain provisions related to census reporting; provides special apportionment for school bus driver training; relates to the effectiveness of certain provisions relating to the support of education; provides special apportionment for salary expenses; provides special apportionment for public pension accruals; provides special apportionment for salary expenses; relates to suballocation of certain education department accruals; relates to the support of public libraries and repeals certain provisions of the education law relating thereto; provides for the repeal of certain provisions upon expiration thereof (Part A); authorizes the creation of a state debt in the amount of two billion dollars; creates the smart schools bond act of 2014 for the purposes of funding capital projects to provide learning technology equipment or facilities, enhanced internet connectivity for schools and communities, and educational facilities to accommodate pre-kindergarten programs; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2014 (Part B); relates to the implementation of the smart schools bond act of 2014 (Part C); enacts the "nurse practitioners modernization act"; provides for the repeal of such provisions upon expiration thereof (Part D); creates the science, technology, engineering and mathematics incentive program (Part G); relates to the New York state higher education capital matching grant program for independent colleges and the effectiveness thereof (Part H); utilizes reserves in the project pool insurance account of the mortgage insurance fund for various housing purposes (Part K); relates to notice of inspection reports (Part Q); relates to income eligibility for the block grant for child care (Part R); relates to the powers of social services officials to receive and dispose of a deed, mortgage, or lien (Part S); relates to reporting on post adoption services (Part T); relates to tuition assistance program awards starting in 2014-15 (Part U); relates to the granting of student loan forgiveness awards for the purpose of increasing the number of social workers serving in critical human service areas (Part V); relates to community colleges and state aided four year colleges and non-resident and out of state students (Part W); relates to student financial aid awards and tuition assistance program awards (Part X); establishes the New York state young farmers loan forgiveness incentive program (Part Y); requires the chancellor of the state university of New York to report to the governor and the legislature on economic development activities (Part Z); prohibits the administration of traditional standardized tests in pre-kindergarten programs and in grades kindergarten through second grade (Subpart A); provides that standardized test scores shall not be included on a student's permanent record; provides for the repeal of such provisions upon expiration thereof (Subpart B); provides that no school shall make promotion or placement decisions based solely or primarily on standardized test scores (Subpart C); relates to standardized test requirement for students with disabilities and English language learners (Subpart D); relates to the amount of time spent on standardized testing and test prep (Subpart E); relates to transparency in testing (Subpart F); reduces the number of standardized tests (Subpart G); relates to assessment information for teachers and the public (Subpart H); relates to assistance to parents and families in understanding common core learning standards (Subpart I); relates to additional professional development support for educators (Subpart J); prohibits the release of student information to certain entities (Subpart K); protects student privacy and ensures data security (Subpart L); (Part AA); relates to financing of charter schools (Part BB); relates to universal full-day pre-kindergarten (Part CC).

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

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

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

                            January 21, 2014
                               ___________

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

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

AN ACT to amend the education law, in relation to contracts  for  excel-
  lence,  calculation  of  the gap elimination restoration amount, total
  foundation aid, apportionment of  school  aid,  teachers  of  tomorrow
  teacher recruitment and retention program, school district reorganiza-
  tions  and  real  property  tax rates, transportation after 4 p.m., to
  establish a teacher  excellence  fund,  relates  to  charter  schools,
  subjecting  charter  schools to financial audits by the comptroller of
  the city of New York for such charter schools located in such city and
  by the state comptroller for charter schools located  outside  of  the
  city  of  New  York,  closure  or  dissolution  of charter schools, to
  authorize the commissioner of education to establish regional  tuition
  rates  for approved special education itinerant services, to authorize
  reimbursement for approved special education itinerant services  based
  on  actual  attendance,  to authorize New York city to establish local
  tuition rates for approved special education  itinerant  services;  to
  amend  chapter  756  of the laws of 1992 relating to funding a program
  for work force education conducted by the consortium for worker educa-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12672-06-4

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

  tion in New York city, in relation to apportionment and reimbursement;
  and in relation to extending the expiration of certain provisions;  to
  amend  chapter  169 of the laws of 1994 relating to certain provisions
  related  to  the  1994-95 state operations, aid to localities, capital
  projects and debt service budgets; to amend chapter 698 of the laws of
  1996 amending the education law relating to transportation  contracts,
  in  relation  to making such provisions permanent; to amend chapter 82
  of the laws of 1995, amending the education law and certain other laws
  relating to state aid to school districts  and  the  appropriation  of
  funds  for  the  support of government; to amend the education law, in
  relation to educational opportunities for students with  disabilities;
  to  amend  the education law, in relation to the definition of "school
  district basic contribution"; to amend chapter 147 of the laws of 2001
  amending the education law  relating  to  conditional  appointment  of
  school  district,  charter school or BOCES employees; to amend chapter
  425 of the laws of 2002 amending the education  law  relating  to  the
  provision  of  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; in relation to the Valley Stream school
  district; to amend chapter 101 of the laws of 2003 amending the educa-
  tion law relating to implementation of the No Child Left Behind Act of
  2001, in relation to extending the expiration of certain provisions of
  such  chapters;  to  amend  the  education  law,  in  relation  to the
  submission of an expenditure plan by the Roosevelt Union  free  school
  district;  to  amend  chapter  121  of  the  laws of 1996, relating to
  authorizing the Roosevelt Union free school district to finance  defi-
  cits  by  the  issuance of serial bonds, in relation to certain appor-
  tionments; to amend chapter 97 of the laws of 2011 amending the educa-
  tion  law  relating  to  census  reporting,   in   relation   to   the
  effectiveness thereof; to provide special apportionment for school bus
  driver  training; to amend chapter 57 of the laws of 2004, relating to
  the support of education, in relation to the effectiveness thereof; to
  provide special apportionment for salary expenses; to provide  special
  apportionment  for  public pension accruals; to provide special appor-
  tionment for salary expenses; in relation to suballocation of  certain
  education  department  accruals;  in relation to the support of public
  libraries; to repeal certain provisions of the education law  relating
  thereto; and providing for the repeal of certain provisions upon expi-
  ration  thereof  (Part A); authorizing the creation of a state debt in
  the amount of two billion dollars, in relation to creating  the  smart
  schools  bond act of 2014 for the purposes of funding capital projects
  to provide  learning  technology  equipment  or  facilities,  enhanced
  internet  connectivity  for  schools  and communities, and educational
  facilities to accommodate pre-kindergarten programs; and providing for
  the submission to the people of a proposition or question therefor  to
  be  voted  upon  at  the general election to be held in November, 2014
  (Part B); to amend the education law and the  state  finance  law,  in
  relation  to  the implementation of the smart schools bond act of 2014
  (Part C); to amend the education law,  in  relation  to  enacting  the
  "nurse  practitioners modernization act"; and providing for the repeal
  of such provisions upon expiration  thereof  (Part  D);  intentionally
  omitted  (Part E); intentionally omitted (Part F); to amend the educa-
  tion law, in relation to creating the science, technology, engineering
  and mathematics incentive program (Part G); to amend chapter 57 of the
  laws of 2005 amending the labor law and other  laws  implementing  the
  state fiscal plan for the 2005-2006 state fiscal year, relating to the

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

  New  York  state  higher  education capital matching grant program for
  independent colleges, in relation to the New York state higher  educa-
  tion  matching  grant  program for independent colleges and the effec-
  tiveness  thereof  (Part  H);  intentionally  omitted (Part I); inten-
  tionally omitted (Part J); to utilize reserves  in  the  project  pool
  insurance  account  of the mortgage insurance fund for various housing
  purposes (Part K); intentionally omitted (Part L); intentionally omit-
  ted (Part M); intentionally omitted (Part  N);  intentionally  omitted
  (Part O); intentionally omitted (Part P); to amend the social services
  law,  in  relation  to notice of inspection reports (Part Q); to amend
  the social services law, in relation to  income  eligibility  for  the
  block grant for child care (Part R); to amend the social services law,
  in  relation to the powers of social services officials to receive and
  dispose of a deed, mortgage, or lien (Part S);  to  amend  the  social
  services law, in relation to reporting on post adoption services (Part
  T);  to  amend  the  education  law, in relation to tuition assistance
  program awards starting in 2014-15 (Part U); to  amend  the  education
  law,  in  relation  to the granting of student loan forgiveness awards
  for the purpose of increasing the number of social workers serving  in
  critical  human service areas (Part V); to amend the education law, in
  relation to community colleges and state aided four year colleges  and
  non-resident  and  out of state students (Part W); to amend the educa-
  tion law, in relation to student  financial  aid  awards  and  tuition
  assistance  program  awards  (Part  X); to amend the education law, in
  relation to  establishing  the  New  York  state  young  farmers  loan
  forgiveness incentive program (Part Y); to amend the education law, in
  relation  to  requiring  the chancellor of the state university of New
  York to report to the governor and the legislature on economic  devel-
  opment activities (Part Z); to amend the education law, in relation to
  prohibiting  the  administration  of traditional standardized tests in
  pre-kindergarten programs and in grades  kindergarten  through  second
  grade  (Subpart A); to amend the education law, in relation to provid-
  ing that standardized test scores shall not be included on a student's
  permanent record; and providing for the repeal of such provisions upon
  expiration thereof  (Subpart  B);  to  amend  the  education  law,  in
  relation to providing that no school shall make promotion or placement
  decisions  based  solely  or  primarily  on  standardized  test scores
  (Subpart C); to amend the education law, in relation  to  standardized
  tests requirements for students with disabilities and English language
  learners  (Subpart  D); to amend the education law, in relation to the
  amount of time spent on standardized testing and  test  prep  (Subpart
  E);  in  relation to transparency in testing (Subpart F); to amend the
  education law, in relation to  reducing  the  number  of  standardized
  tests  (Subpart G); in relation to assessment information for teachers
  and the public (Subpart H); to amend the education law, in relation to
  assistance to parents and families in understanding common core learn-
  ing standards (Subpart I); to amend the education law, in relation  to
  additional professional development support for educators (Subpart J);
  in  relation  to  prohibiting  the  release  of student information to
  certain entities (Subpart K); and  to  amend  the  education  law,  in
  relation  to  protecting  student  privacy  and ensuring data security
  (Subpart L)(Part AA); to amend  the  education  law,  in  relation  to
  financing  of  charter  schools  (Part BB); and to amend the education
  law, in relation to universal full-day pre-kindergarten (Part CC)

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

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

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

                                 PART A

  Section 1. Paragraph e of subdivision 1 of section 211-d of the educa-
tion law, as amended by section 2 of part A of chapter 57 of the laws of
2013, is amended to read as follows:
  e. Notwithstanding paragraphs a and b of this  subdivision,  a  school
district  that  submitted a contract for excellence for the two thousand
eight--two thousand nine school year shall submit a contract for  excel-
lence  for  the  two  thousand  nine--