Enacts into law major components of legislation necessary to implement the state fiscal plan relating to education and family assistance
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Mar 09, 2015 |
referred to ways and means |
Enacts into law major components of legislation necessary to implement the state fiscal plan relating to education and family assistance; relates to apportionment of school aid, the teachers of tomorrow teacher recruitment and retention program, statewide universal full-day pre-kindergarten and support for English language learning success; to amend chapter 91 of the laws of 2002 amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; and to amend chapter 345 of the laws of 2009 amending the education law relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness thereof
S T A T E O F N E W Y O R K
________________________________________________________________________
6006
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by COMMITTEE ON RULES -- read once and referred to the
Committee on Ways and Means
AN ACT to amend the education law, in relation to apportionment of
school aid, the teachers of tomorrow teacher recruitment and retention
program, statewide universal full-day pre-kindergarten and support for
English language learning success; to amend chapter 91 of the laws of
2002 amending the education law and other laws relating to the reor-
ganization of the New York city school construction authority, board
of education and community boards, in relation to the effectiveness
thereof; and to amend chapter 345 of the laws of 2009 amending the
education law relating to the New York city board of education, chan-
cellor, community councils and community superintendents, in relation
to the effectiveness thereof; to amend the state finance law, in
relation to moneys appropriated from the commercial gaming revenue
fund; to amend chapter 756 of the laws of 1992, relating to funding a
program for work force education conducted by the consortium for work-
er education in New York city, in relation to reimbursements for the
2015-2016 school year; 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
withholding a portion of employment preparation education aid and in
relation to extending the effectiveness of such chapter; 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 other laws relating to state aid to
school districts and the appropriation of funds for the support of
government; to amend section 7 of chapter 472 of the laws of 1998
amending the education law relating to the lease of school buses by
school districts; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD20004-01-5
A. 6006 2
school and the suspension of pupils who bring a firearm to or possess
a firearm at a school, in relation to the effectiveness thereof; 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; allocates school bus driver training grants to school
districts and boards of cooperative education services; allows for
eligible school districts to receive special apportionments for salary
expenses; allows for eligible school districts to receive special
apportionments for public pension accruals; allows any moneys appro-
priated to the state education department to be suballocated to other
state departments or agencies and/or shall be made available for
specific payment of aid; to provide for the repayment by the Johnson
City central school district of certain excess state payments; in
relation to penalties arising from the late filing of certain final
cost reports; to amend the real property tax law, in relation to
establishing equalization rates for Greenburgh central school
district; allows the city school district of the city of Rochester to
purchase services as a non-component school district; to authorize the
Tonawanda city school district to pay a certain penalty in install-
ments; to establish a semiconductor manufacturing tax stabilization
fund in the Ballston Spa central school district to lessen or prevent
increases in the school district's real property tax levy; to amend
the general municipal law, in relation to employee benefit accrued
liability reserve funds; specifies amounts of state funds set aside
for each school district for the purpose of the development, mainte-
nance or expansion of magnet schools or magnet school programs;
prohibits moneys appropriated for the support of public libraries to
be used for library construction (Part A); intentionally omitted (Part
B); to amend the education law, in relation to creating the New York
state get on your feet loan forgiveness program (Part C); to amend the
education law, in relation to creating the New York DREAM fund commis-
sion; eligibility requirements and conditions governing general
awards, academic performance awards and student loans; eligibility
requirements for assistance under the higher education opportunity
programs and the collegiate science and technology entry program;
financial aid opportunities for students of the state university of
New York, the city university of New York and community colleges; and
the program requirements for the New York state college choice tuition
savings program; and to repeal subdivision 3 of section 661 of such
law relating thereto (Part D); intentionally omitted (Part E); to
amend the banking law, in relation to creating a standard financial
aid award letter (Part F); intentionally omitted (Part G); inten-
tionally omitted (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
family court act, in relation to family court, the definition of juve-
nile delinquent, the definition of a designated felony act, the proce-
dures regarding the adjustment of cases from criminal courts to family
court, the age at which children may be tried as an adult for various
felonies, the manner in which courts handle juvenile delinquent cases
services provided by family support centers, and successive petitions;
to amend the social services law, in relation to state reimbursement
for expenditures made by social services districts for various
services; to amend the social services law, in relation to the defi-
nitions of juvenile delinquent and persons in need of supervision; to
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amend the penal law, in relation to the definition of infancy and the
authorized dispositions, and sentences; to amend the criminal proce-
dure law, in relation to the definition of juvenile offender; to amend
the criminal procedure law, in relation to the arrest of a juvenile
offender without a warrant; in relation to the issuance of a uniform
traffic ticket; in relation to proceedings upon felony complaints; in
relation to conditional sealing of certain convictions for offenses
committed by a defendant twenty years of age or younger; in relation
to removal of certain proceedings to family court; in relation to
joinder of offenses and consolidation of indictments; in relation to
pleas; in relation to appearances and hearings for and placements of
certain juvenile offenders; in relation to raising the age for juve-
nile offender status; to amend the correction law, in relation to
requiring that no county jail be used for the confinement of persons
under the age of eighteen; to amend the education law, in relation to
the possession of a gun on school grounds by a student; to amend the
executive law, in relation to persons in need of supervision or youth-
ful offenders; to amend part K of chapter 57 of the laws of 2012,
amending the education law, relating to authorizing the board of coop-
erative educational services to enter into contracts with the commis-
sioner of children and family services to provide certain services, in
relation to a report of the cost effectiveness and programmatic impact
of delivering special education programs; extending such provisions;
to amend the vehicle and traffic law, in relation to certain
convictions of juveniles; and in relation to authorizing family court
judges to suspend, revoke and reissue licenses and registrations; and
to repeal certain provisions of the criminal procedure law and the
correction law relating thereto (Part J); to amend the social services
law, in relation to state reimbursement and subsidies for the adoption
of children (Part K); to amend the social services law, the family
court act, the public health law and the executive law, in relation to
implementing provisions required by the federal preventing sex traf-
ficking and strengthening families act (Part L); to utilize reserves
in the mortgage insurance fund for various housing purposes (Part M);
to amend the labor law, in relation to the minimum wage (Part N); to
amend the labor law, in relation to authorized absences by healthcare
professionals who volunteer to fight the Ebola virus disease overseas
(Part O); to amend the labor law, the workers' compensation law and
chapter 784 of the laws of 1951, constituting the New York state
defense emergency act, in relation to eliminating certain fees charged
by the department of labor; and to repeal certain provisions of the
labor law and the workers' compensation law relating thereto (Part P);
intentionally omitted (Part Q); to amend part U of chapter 57 of the
laws of 2005 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 R); to amend the educa-
tion law, in relation to establishing the New York state masters-in-e-
ducation teacher incentive scholarship program (Part S); to amend the
education law, in relation to establishing a science, technology,
engineering, and math initiative (Part T); to amend the education law,
in relation to establishing a financial outreach program (Part U); to
amend the social services law, in relation to the twelve month work
exemption for certain parents or relatives providing child care (Part
V); to amend the social services law, in relation to clarifying notice
requirements conciliation procedures and sanctions in cases when the
A. 6006 4
recipient of public assistance programs refuses to comply with employ-
ment program requirements (Part W); to amend the social services law,
in relation to educational or training work activity requirements
(Part X); to amend the education law, in relation to the amount of
tuition assistance program awards (Part Y); to amend the education
law, in relation to the investment of contributions to a family
tuition account (Part Z); to amend the education law, in relation to
the tuition assistance program for students with disabilities (Part
AA); in relation to establishing the New York state non-profit infras-
tructure capital investment program grant (Part BB); to amend part I
of chapter 58 of the laws of 2014, relating to reducing state aid for
administrative costs of certain fair hearings in local social services
districts, in relation to requiring social services districts with a
population of more than 5,000,000 to submit plans to minimize the
backlog of fair hearings (Part CC); to amend the social services law,
in relation to establishing a homelessness prevention pilot program
(Part DD); to amend the public housing law, in relation to New York
city housing authority revitalization capital funds (Part EE); to
amend the education law, in relation to the establishment of the
foster youth college success initiative (Part FF); relates to conduct-
ing an evaluation of supportive housing services statewide (Part GG);
requiring the New York state energy research and development authority
to continue to offer Green Jobs - Green New York financing (Part HH);
to establish the "My Home Mortgage Modification Program" (Part II);
and relating to the Home Help Mortgage Assistance and Foreclosure
Prevention Loan Program (Part JJ)
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 2015-2016
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through JJ. 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
education law, as amended by section 1 of part A of chapter 56 of the
laws of 2014, 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
A. 6006 5
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; AND PROVIDED FURTHER THAT, NO SCHOOL
DISTRICT SHALL BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE
TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER.
For purposes of this paragraph, the "gap elimination adjustment percent-
age" 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.
A. 6006 6
S 1-a. Paragraph b of subdivision 5 of section 1950 of the education
law, as amended by section 80-a of part A of chapter 58 of the laws of
2011, is amended to read as follows:
b. The cost of services herein referred to shall be the amount allo-
cated to each component school district by the board of cooperative
educational services to defray expenses of such board, except that that
part of the salary paid any teacher, supervisor or other employee of the
board of cooperative educational services which is in excess of thirty
thousand dollars, AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR AND THEREAFTER, IN EXCESS OF THIRTY-FOUR THOUSAND DOLLARS,
shall not be such an approved expense, and except also that administra-
tive and clerical expenses shall not exceed ten percent of the total
expenses for purposes of this computation. Any gifts, donations or
interest earned by the board of cooperative educational services or on
behalf of the board of cooperative educational services by the dormitory
authority or any other source shall not be deducted in determining the
cost of services allocated to each component school district. Any
payments made to a component school district by the board of cooperative
educational services pursuant to subdivision eleven of section six-p of
the general municipal law attributable to an approved cost of service
computed pursuant to this subdivision shall be deducted from the cost of
services allocated to such component school district. The expense of
transportation provided by the board of cooperative educational services
pursuant to paragraph q of subdivision four of this section shall be
eligible for aid apportioned pursuant to subdivision seven of section
thirty-six hundred two of this chapter and no board of cooperative
educational services transportation expense shall be an approved cost of
services for the computation of aid under this subdivision. Transporta-
tion expense pursuant to paragraph q of subdivision four of this section
shall be included in the computation of the ten percent limitation on
administrative and clerical expenses.
S 2. The closing paragraph of subdivision 5-a of section 3602 of the
education law, as amended by section 8 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
For the two thousand eight--two thousand nine school year, each school
district shall be entitled to an apportionment equal to the product of
fifteen percent and the additional apportionment computed pursuant to
this subdivision for the two thousand seven--two thousand eight school
year. For the two thousand nine--two thousand ten through two thousand
[fourteen] SIXTEEN--two thousand [fifteen] SEVENTEEN school years, each
school district shall be entitled to an apportionment equal to the
amount set forth for such school district as "SUPPLEMENTAL PUB EXCESS
COST" under the heading "2008-09 BASE YEAR AIDS" in the school aid
computer listing produced by the commissioner in support of the budget
for the two thousand nine--two thousand ten school year and entitled
"SA0910".
S 3. Subdivision 12 of section 3602 of the education law, as amended
by section 10 of part A of chapter 57 of the laws of 2013, is amended to
read as follows:
12. Academic enhancement aid. A school district that as of April first
of the base year has been continuously identified as a district in need
of improvement for at least five years shall, for the two thousand
eight--two thousand nine school year, be entitled to an additional
apportionment equal to the positive remainder, if any, of (a) the lesser
of fifteen million dollars or the product of the total foundation aid
base, as defined by paragraph j of subdivision one of this section,
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multiplied by ten percent (0.10), less (b) the positive remainder of (i)
the sum of the total foundation aid apportioned pursuant to subdivision
four of this section and the supplemental educational improvement grants
apportioned pursuant to subdivision eight of section thirty-six hundred
forty-one of this article, less (ii) the total foundation aid base.
For the two thousand nine--two thousand ten through two thousand four-
teen--two thousand fifteen school years, each school district shall be
entitled to an apportionment equal to the amount set forth for such
school district as "EDUCATION GRANTS, ACADEMIC EN" under the heading
"2008-09 BASE YEAR AIDS" in the school aid computer listing produced by
the commissioner in support of the budget for the two thousand nine--two
thousand ten school year and entitled "SA0910", and such apportionment
shall be deemed to satisfy the state obligation to provide an apportion-
ment pursuant to subdivision eight of section thirty-six hundred forty-
one of this article.
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN AND THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN YEARS, EACH SCHOOL DISTRICT SHALL
BE ENTITLED TO AN APPORTIONMENT EQUAL TO THE AMOUNT SET FORTH FOR SUCH
SCHOOL DISTRICT AS "ACADEMIC ENHANCEMENT" UNDER THE HEADING "2014-15
ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE
COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA141-5", AND SUCH APPORTION-
MENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN
APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX
HUNDRED FORTY-ONE OF THIS ARTICLE.
S 4. The opening paragraph of subdivision 16 of section 3602 of the
education law, as amended by section 11 of part A of chapter 57 of the
laws of 2013, is amended to read as follows:
Each school district shall be eligible to receive a high tax aid
apportionment in the two thousand eight--two thousand nine school year,
which shall equal the greater of (i) the sum of the tier 1 high tax aid
apportionment, the tier 2 high tax aid apportionment and the tier 3 high
tax aid apportionment or (ii) the product of the apportionment received
by the school district pursuant to this subdivision in the two thousand
seven--two thousand eight school year, multiplied by the due-minimum
factor, which shall equal, for districts with an alternate pupil wealth
ratio computed pursuant to paragraph b of subdivision three of this
section that is less than two, seventy percent (0.70), and for all other
districts, fifty percent (0.50). Each school district shall be eligible
to receive a high tax aid apportionment in the two thousand nine--two
thousand ten through two thousand twelve--two thousand thirteen school
years in the amount set forth for such school district as "HIGH TAX AID"
under the heading "2008-09 BASE YEAR AIDS" in the school aid computer
listing produced by the commissioner in support of the budget for the
two thousand nine--two thousand ten school year and entitled "SA0910".
Each school district shall be eligible to receive a high tax aid appor-
tionment in the two thousand thirteen--two thousand fourteen [school
year and the two thousand fourteen--two thousand fifteen] THROUGH TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school [year] YEARS equal to
the greater of (1) the amount set forth for such school district as
"HIGH TAX AID" under the heading "2008-09 BASE YEAR AIDS" in the school
aid computer listing produced by the commissioner in support of the
budget for the two thousand nine--two thousand ten school year and enti-
tled "SA0910" or (2) the amount set forth for such school district as
"HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school
A. 6006 8
aid computer listing produced by the commissioner in support of the
executive budget for the 2013-14 fiscal year and entitled "BT131-4".
S 5. The opening paragraph of subdivision 10 of section 3602-e of the
education law, as amended by section 21 of part A of chapter 56 of the
laws of 2014, is amended to read as follows:
Notwithstanding any provision of law to the contrary, for aid payable
in the two thousand eight--two thousand nine school year, the grant to
each eligible school district for universal prekindergarten aid shall be
computed pursuant to this subdivision, and for the two thousand nine--
two thousand ten and two thousand ten--two thousand eleven school years,
each school district shall be eligible for a maximum grant equal to the
amount computed for such school district for the base year in the elec-
tronic data file produced by the commissioner in support of the two
thousand nine--two thousand ten education, labor and family assistance
budget, provided, however, that in the case of a district implementing
programs for the first time or implementing expansion programs in the
two thousand eight--two thousand nine school year where such programs
operate for a minimum of ninety days in any one school year as provided
in section 151-1.4 of the regulations of the commissioner, for the two
thousand nine--two thousand ten and two thousand ten--two thousand elev-
en school years, such school district shall be eligible for a maximum
grant equal to the amount computed pursuant to paragraph a of subdivi-
sion nine of this section in the two thousand eight--two thousand nine
school year, and for the two thousand eleven--two thousand twelve school
year each school district shall be eligible for a maximum grant equal to
the amount set forth for such school district as "UNIVERSAL PREKINDER-
GARTEN" under the heading "2011-12 ESTIMATED AIDS" in the school aid
computer listing produced by the commissioner in support of the enacted
budget for the 2011-12 school year and entitled "SA111-2", and for two
thousand twelve--two thousand thirteen[, two thousand thirteen--two
thousand fourteen and two thousand fourteen--two thousand fifteen]
THROUGH TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 5-a. Paragraph b of subdivision 10 of section 3602 of the education
law, as amended by section 16 of part B of chapter 57 of the laws of
2007, is amended to read as follows:
b. Aid for career education. There shall be apportioned to such city
school districts and other school districts which were not components of
a board of cooperative educational services in the base year for pupils
in grades ten through twelve in attendance in career education programs
as such programs are defined by the commissioner, subject for the
purposes of this paragraph to the approval of the director of the budg-
et, an amount for each such pupil to be computed by multiplying the
career education aid ratio by three thousand nine hundred DOLLARS, AND
A. 6006 9
FOR AID PAYABLE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL
YEAR AND THEREAFTER BY FOUR THOUSAND TWO HUNDRED dollars. Such aid will
be payable for weighted pupils attending career education programs oper-
ated by the school district and for weighted pupils for whom such school
district contracts with boards of cooperative educational services to
attend career education programs operated by a board of cooperative
educational services. Weighted pupils for the purposes of this paragraph
shall mean the sum of the attendance of students in grades ten through
twelve in career education sequences in trade, industrial, technical,
agricultural or health programs plus the product of sixteen hundredths
multiplied by the attendance of students in grades ten through twelve in
career education sequences in business and marketing as defined by the
commissioner in regulations. The career education aid ratio shall be
computed by subtracting from one the product obtained by multiplying
fifty-nine percent by the combined wealth ratio. This aid ratio shall be
expressed as a decimal carried to three places without rounding, but not
less than thirty-six percent.
Any school district that receives aid pursuant to this paragraph shall
be required to use such amount to support career education programs in
the current year.
A board of education which spends less than its local funds as defined
by regulations of the commissioner for career education in the base year
during the current year shall have its apportionment under this subdivi-
sion reduced in an amount equal to such deficiency in the current or a
succeeding school year, provided however that the commissioner may waive
such reduction upon determination that overall expenditures per pupil in
support of career education programs were continued at a level equal to
or greater than the level of such overall expenditures per pupil in the
preceding school year.
S 5-b. Subdivision 4 of section 3602 of the education law, as amended
by section 3 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
4. Total foundation aid. In addition to any other apportionment pursu-
ant to this chapter, a school district, other than a special act school
district as defined in subdivision eight of section four thousand one of
this chapter, shall be eligible for total foundation aid equal to the
product of total aidable foundation pupil units multiplied by the
district's selected foundation aid, which shall be the greater of five
hundred dollars ($500) or foundation formula aid, provided, however that
for the two thousand seven--two thousand eight through two thousand
eight--two thousand nine school years, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base for aid payable in the two thousand seven--two thousand eight
school year computed pursuant to subparagraph (i) of paragraph j of
subdivision one of this section, plus the phase-in foundation increase
computed pursuant to paragraph b of this subdivision, and provided
further that for the two thousand twelve--two thousand thirteen school
year, no school district shall receive total foundation aid in excess of
the sum of the total foundation aid base for aid payable in the two
thousand eleven--two thousand twelve school year computed pursuant to
paragraph j of subdivision one of this section, plus the phase-in foun-
dation increase computed pursuant to paragraph b of this subdivision,
and provided further that for the two thousand thirteen--two thousand
fourteen school year and thereafter, no school district shall receive
total foundation aid in excess of the sum of the total foundation aid
base computed pursuant to paragraph j of subdivision one of this
A. 6006 10
section, plus the phase-in foundation increase computed pursuant to
paragraph b of this subdivision and provided further that total founda-
tion aid shall not be less than the product of the total foundation aid
base computed pursuant to paragraph j of subdivision one of this section
and the due-minimum percent which shall be, for the two thousand twelve-
-two thousand thirteen school year, one hundred and six-tenths percent
(1.006) and for the two thousand thirteen--two thousand fourteen school
year for city school districts of those cities having populations in
excess of one hundred twenty-five thousand and less than one million
inhabitants one hundred and one and one hundred and seventy-six thou-
sandths percent (1.01176), and for all other districts one hundred and
three-tenths percent (1.003), and for the two thousand fourteen--two
thousand fifteen school year one hundred and eighty-five hundredths
percent (1.0085), AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN
SCHOOL YEAR, ONE HUNDRED AND EIGHTY-FIVE HUNDREDTHS PERCENT (1.0085),
subject to allocation pursuant to the provisions of subdivision eighteen
of this section and any provisions of a chapter of the laws of New York
as described therein, nor more than the product of such total foundation
aid base and one hundred fifteen percent, and provided further that for
the two thousand nine--two thousand ten through two thousand eleven--two
thousand twelve school years, each school district shall receive total
foundation aid in an amount equal to the amount apportioned to such
school district for the two thousand eight--two thousand nine school
year pursuant to this subdivision. Total aidable foundation pupil units
shall be calculated pursuant to paragraph g of subdivision two of this
section. For the purposes of calculating aid pursuant to this subdivi-
sion, aid for the city school district of the city of New York shall be
calculated on a citywide basis.
a. Foundation formula aid. Foundation formula aid shall equal the
remainder when the expected minimum local contribution is subtracted
from the product of the foundation amount, the regional cost index, and
the pupil need index, or: (foundation amount x regional cost index x
pupil need index)- expected minimum local contribution.
(1) The foundation amount shall reflect the average per pupil cost of
general education instruction in successful school districts, as deter-
mined by a statistical analysis of the costs of special education and
general education in successful school districts, provided that the
foundation amount shall be adjusted annually to reflect the percentage
increase in the consumer price index as computed pursuant to section two
thousand twenty-two of this chapter, provided that for the two thousand
eight--two thousand nine school year, for the purpose of such adjust-
ment, the percentage increase in the consumer price index shall be
deemed to be two and nine-tenths percent (0.029), and provided further
that the foundation amount for the two thousand seven--two thousand
eight school year shall be five thousand two hundred fifty-eight
dollars, and provided further that for the two thousand seven--two thou-
sand eight through two thousand fifteen--two thousand sixteen school
years, the foundation amount shall be further adjusted by the phase-in
foundation percent established pursuant to paragraph b of this subdivi-
sion.
(2) The regional cost index shall reflect an analysis of labor market
costs based on median salaries in professional occupations that require
similar credentials to those of positions in the education field, but
not including those occupations in the education field, provided that
the regional cost indices for the two thousand seven--two thousand eight
school year and thereafter shall be as follows:
A. 6006 11
Labor Force Region Index
Capital District 1.124
Southern Tier 1.045
Western New York 1.091
Hudson Valley 1.314
Long Island/NYC 1.425
Finger Lakes 1.141
Central New York 1.103
Mohawk Valley 1.000
North Country 1.000
(3) The pupil need index shall equal the sum of one plus the extraor-
dinary needs percent, provided, however, that the pupil need index shall
not be less than one nor more than two. The extraordinary needs percent
shall be calculated pursuant to paragraph w of subdivision one of this
section.
(4) The expected minimum local contribution shall equal the lesser of
(i) the product of (A) the quotient arrived at when the selected actual
valuation is divided by total wealth foundation pupil units, multiplied
by (B) the product of the local tax factor, multiplied by the income
wealth index, or (ii) the product of (A) the product of the foundation
amount, the regional cost index, and the pupil need index, multiplied by
(B) the positive difference, if any, of one minus the state sharing
ratio for total foundation aid. The local tax factor shall be estab-
lished by May first of each year by determining the product, computed to
four decimal places without rounding, of ninety percent multiplied by
the quotient of the sum of the statewide average tax rate as computed by
the commissioner for the current year in accordance with the provisions
of paragraph e of subdivision one of section thirty-six hundred nine-e
of this part plus the statewide average tax rate computed by the commis-
sioner for the base year in accordance with such provisions plus the
statewide average tax rate computed by the commissioner for the year
prior to the base year in accordance with such provisions, divided by
three, provided however that for the two thousand seven--two thousand
eight school year, such local tax factor shall be sixteen thousandths
(0.016), and provided further that for the two thousand eight--two thou-
sand nine school year, such local tax factor shall be one hundred
fifty-four ten thousandths (0.0154). The income wealth index shall be
calculated pursuant to paragraph d of subdivision three of this section,
provided, however, that for the purposes of computing the expected mini-
mum local contribution the income wealth index shall not be less than
sixty-five percent (0.65) and shall not be more than two hundred percent
(2.0) and provided however that such income wealth index shall not be
more than ninety-five percent (0.95) for the two thousand eight--two
thousand nine school year, and provided further that such income wealth
index shall not be less than zero for the two thousand thirteen--two
thousand fourteen school year. The selected actual valuation shall be
calculated pursuant to paragraph c of subdivision one of this section.
Total wealth foundation pupil units shall be calculated pursuant to
paragraph h of subdivision two of this section.
b. Phase-in foundation increase. (1) The phase-in foundation increase
shall equal the product of the phase-in foundation increase factor
multiplied by the positive difference, if any, of (i) the product of the
total aidable foundation pupil units multiplied by the district's
selected foundation aid less (ii) the total foundation aid base computed
pursuant to paragraph j of subdivision one of this section.
A. 6006 12
(2) (I) PHASE-IN FOUNDATION PERCENT. The phase-in foundation percent
shall equal one hundred thirteen and fourteen one hundredths percent
(1.1314) for the two thousand eleven--two thousand twelve school year,
one hundred ten and thirty-eight hundredths percent (1.1038) for the two
thousand twelve--two thousand thirteen school year, one hundred seven
and sixty-eight hundredths percent (1.0768) for the two thousand thir-
teen--two thousand fourteen school year, one hundred five and six
hundredths percent (1.0506) for the two thousand fourteen--two thousand
fifteen school year, and one hundred two and five tenths percent
(1.0250) for the two thousand fifteen--two thousand sixteen school year.
(II) PHASE-IN FOUNDATION INCREASE FACTOR. For the two thousand
eleven--two thousand twelve school year, the phase-in foundation
increase factor shall equal thirty-seven and one-half percent (0.375)
and the phase-in due minimum percent shall equal nineteen and forty-one
hundredths percent (0.1941), for the two thousand twelve--two thousand
thirteen school year the phase-in foundation increase factor shall equal
one and seven-tenths percent (0.017), for the two thousand thirteen--two
thousand fourteen school year the phase-in foundation increase factor
shall equal (1) for a city school district in a city having a population
of one million or more, five and twenty-three hundredths percent
(0.0523) or (2) for all other school districts zero percent, for the two
thousand fourteen--two thousand fifteen school year the phase-in founda-
tion increase factor shall equal (1) for a city school district of a
city having a population of one million or more, four and thirty-two
hundredths percent (0.0432) or (2) for a school district other than a
city school district having a population of one million or more for
which (A) the quotient of the positive difference of the foundation
formula aid minus the foundation aid base computed pursuant to paragraph
j of subdivision one of this section divided by the foundation formula
aid is greater than twenty-two percent (0.22) and (B) a combined wealth
ratio less than thirty-five hundredths (0.35), seven percent (0.07) or
(3) for all other school districts, four and thirty-one hundredths
percent (0.0431), and for the two thousand fifteen--two thousand sixteen
school year THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL (1) FOR
A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR
MORE, TWENTY-TWO AND EIGHT-TENTHS PERCENT (0.2280) OR (2) FOR DISTRICTS
WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING (I) THE DIFFERENCE OF (A)
TOTAL FOUNDATION AID LESS (B) TOTAL FOUNDATION AID FOR THE BASE YEAR
DIVIDED BY (II) TOTAL FOUNDATION AID IS GREATER THAN NINETEEN PERCENT
(0.19), AND WHERE THE DISTRICT'S COMBINED WEALTH RATIO IS LESS THAN
THIRTY-THREE HUNDREDTHS (0.33), THIRTY PERCENT (0.30) OR (3) FOR
DISTRICTS WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING (I) THE DIFFERENCE
OF (A) TOTAL FOUNDATION AID LESS (B) TOTAL FOUNDATION AID FOR THE BASE
YEAR DIVIDED BY (II) TOTAL FOUNDATION AID IS GREATER THAN NINETEEN
PERCENT (0.19), WHERE THE DISTRICT'S COMBINED WEALTH RATIO IS LESS THAN
THIRTY-THREE HUNDREDTHS (0.33), AND WHERE THE POSITIVE DIFFERENCE, IF
ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED
PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS
SECTION FOR THE BASE YEAR LESS PUBLIC SCHOOL DISTRICT ENROLLMENT FOR THE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR IS GREATER THAN
ZERO, FORTY PERCENT (0.40) OR (4) FOR ALL OTHER SCHOOL DISTRICTS,
FIFTEEN AND NINETY-THREE HUNDREDTHS PERCENT (0.1593), AND FOR THE TWO
THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR and thereafter the
commissioner shall annually determine the phase-in foundation increase
factor subject to allocation pursuant to the provisions of subdivision
A. 6006 13
eighteen of this section and any provisions of a chapter of the laws of
New York as described therein.
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight school year and thereafter,
the additional amount payable to each school district pursuant to this
subdivision in the current year as total foundation aid, after deducting
the total foundation aid base, shall be deemed a state grant in aid
identified by the commissioner for general use for purposes of section
seventeen hundred eighteen of this chapter.
c. Public excess cost aid setaside. Each school district shall set
aside from its total foundation aid computed for the current year pursu-
ant to this subdivision an amount equal to the product of: (i) the
difference between the amount the school district was eligible to
receive in the two thousand six--two thousand seven school year pursuant
to or in lieu of paragraph six of subdivision nineteen of this section
as such paragraph existed on June thirtieth, two thousand seven, minus
the amount such district was eligible to receive pursuant to or in lieu
of paragraph five of subdivision nineteen of this section as such para-
graph existed on June thirtieth, two thousand seven, in such school
year, and (ii) the sum of one and the percentage increase in the consum-
er price index for the current year over such consumer price index for
the two thousand six--two thousand seven school year, as computed pursu-
ant to section two thousand twenty-two of this chapter. Notwithstanding
any other provision of law to the contrary, the public excess cost aid
setaside shall be paid pursuant to section thirty-six hundred nine-b of
this part.
d. For the two thousand fourteen--two thousand fifteen school year a
city school district of a city having a population of one million or
more may use amounts apportioned pursuant to this subdivision for after-
school programs.
S 5-c. Paragraph b-1 of subdivision 4 of section 3602 of the education
law, as amended by section 26 of part A of chapter 58 of the laws of
2011, is amended to read as follows:
b-1. Notwithstanding any other provision of law to the contrary, for
the two thousand seven--two thousand eight through school year and ther-
eafter, the additional amount payable to each school district pursuant
to this subdivision in the current year as total foundation aid, after
deducting the total foundation aid base, shall be deemed a state grant
in aid identified by the commissioner for general use for purposes of
sections seventeen hundred eighteen and two thousand twenty-three of
this chapter.
S 5-d. The opening paragraph of paragraph (e) of subdivision 17 of
section 3602 of the education law, as amended by section 12 of part A of
chapter 57 of the laws of 2013 is amended to read as follows:
The gap elimination adjustment restoration amount for the two thousand
thirteen--two thousand fourteen school year for a school district shall
be computed based on data on file with the commissioner and in the data-
base used by the commissioner to produce an updated electronic data file
in support of the enacted budget for the two thousand thirteen--two
thousand fourteen state fiscal year [end] AND entitled "SA131-4" and
shall equal the greater of one hundred thousand dollars ($100,000) or
the sum of:
S 5-e. The opening paragraph of paragraph (f) of subdivision 17 of
section 3602 of the education law, as amended by section 2 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
A. 6006 14
The gap elimination adjustment restoration amount for the two thousand
fourteen--two thousand fifteen school year for a school district shall
be computed based on data on file with the commissioner and in the data-
base used by the commissioner to produce an updated electronic data file
in support of the enacted budget for the two thousand fourteen--two
thousand fifteen state fiscal year and entitled "SA141-5" and shall
equal the greater of:
S 5-f. Paragraph (g) of subdivision 17 of section 3602 of the educa-
tion law, as added by section 2 of part A of chapter 56 of the laws of
2014, is amended and a new paragraph h is added to read as follows:
[(g)] 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.] FOR A SCHOOL DISTRICT
SHALL BE COMPUTED BASED ON DATA ON FILE WITH THE COMMISSIONER AND IN THE
DATABASE USED BY THE COMMISSIONER TO PRODUCE AN UPDATED ELECTRONIC DATA
FILE IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN STATE FISCAL YEAR AND ENTITLED "SA151-6" AND SHALL
EQUAL THE GREATER OF (1) THE SUM OF TIERS ONE THROUGH SEVEN, (2) MINIMUM
A, OR (3) MINIMUM B.
(I) TIER 1 SHALL EQUAL THE PRODUCT OF, FOR SCHOOL DISTRICTS WITH A
POPULATION OF ONE MILLION OR MORE ONE HUNDRED FIVE DOLLARS ($105.00),
AND FOR ALL OTHER DISTRICTS ONE HUNDRED EIGHTY-FIVE DOLLARS ($185.00)
MULTIPLIED BY THE EXTRAORDINARY NEEDS COUNT COMPUTED PURSUANT TO PARA-
GRAPH S OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE CONCEN-
TRATION FACTOR, WHERE THE CONCENTRATION FACTOR SHALL BE THE SUM OF ONE
PLUS THE QUOTIENT ARRIVED AT WHEN DIVIDING (1) THE DIFFERENCE OF THE
EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVI-
SION ONE OF THIS SECTION LESS FOUR TENTHS (0.4) DIVIDED BY (2) NINE
HUNDRED TWO THOUSANDTHS (0.902), PROVIDED, HOWEVER, THAT SUCH CONCEN-
TRATION FACTOR SHALL NOT BE LESS THAN ONE.
(II) TIER 2 SHALL BE THE PRODUCT, FOR DISTRICTS WITH A CHANGE IN
ENROLLMENT OF GREATER THAN TWO PERCENT, OF EIGHT HUNDRED DOLLARS
($800.00) MULTIPLIED BY THE CHANGE IN ENROLLMENT, AND FOR ANY DISTRICT
WITH A CHANGE IN ENROLLMENT GREATER THAN ZERO BUT LESS THAN TWO PERCENT,
OF SIX HUNDRED FIFTY DOLLARS ($650.00) MULTIPLIED BY THE CHANGE IN
ENROLLMENT, WHERE THE CHANGE IN ENROLLMENT SHALL BE THE POSITIVE DIFFER-
ENCE, IF ANY, OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE
OF THIS SECTION FOR THE BASE YEAR LESS PUBLIC SCHOOL DISTRICT ENROLLMENT
FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR.
(III) TIER 3 SHALL BE THE PRODUCT, FOR QUALIFYING DISTRICTS, OF TWO
HUNDRED DOLLARS ($200.00) 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 FOR THE BASE YEAR, WHERE A
QUALIFYING DISTRICT SHALL (1) HAVE A FREE AND REDUCED PRICE LUNCH
PERCENT COMPUTED PURSUANT TO PARAGRAPH P OF SUBDIVISION ONE OF THIS
SECTION GREATER THAN SIXTY-EIGHT PERCENT (0.68), (2) A BASE YEAR PUBLIC
SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR GREATER
THAN ONE THOUSAND (1,000), (3) A CUMULATIVE GEA RESTORATION PERCENT OF
LESS THAN SEVENTY-FIVE PERCENT (0.75), AND (4) HAVE A POPULATION OF LESS
THAN ONE MILLION, WHERE THE CUMULATIVE GEA RESTORATION PERCENT SHALL BE
THE QUOTIENT ARRIVED AT WHEN DIVIDING THE DIFFERENCE OF THE 2011-12 GEA
LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR DIVIDED BY THE
A. 6006 15
2011-12 GEA, WHERE THE 2011-12 GEA SHALL BE THE ABSOLUTE VALUE OF THE
AMOUNT SET FORTH FOR SUCH SCHOOL DISTRICT AS "GAP ELIMINATION ADJUST-
MENT" UNDER THE HEADING "2011-12 ESTIMATED AIDS" IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU-
TIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND
TWELVE STATE FISCAL YEAR AND ENTITLED "BT111-2".
(IV) TIER 4 SHALL BE THE PRODUCT OF, FOR DISTRICTS WITH A POPULATION
OF MORE THAN ONE MILLION, THIRTY DOLLARS ($30.00) AND FOR ALL OTHER
DISTRICTS, ONE HUNDRED SIXTY-FIVE DOLLARS ($165.00) MULTIPLIED BY THE
FREE AND REDUCED PRICE LUNCH PERCENT COMPUTED PURSUANT TO PARAGRAPH P OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE BASE YEAR PUBLIC
SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION FOR THE BASE YEAR.
(V) TIER 5 SHALL BE, FOR ANY DISTRICT OTHER THAN A DISTRICT WITH A
POPULATION OF ONE MILLION OR MORE, THE PRODUCT OF EIGHT HUNDRED DOLLARS
($800.00) MULTIPLIED BY THE LIMITED ENGLISH PROFICIENT COUNT COMPUTED
PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY
THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF
SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE SUM OF ONE AND THE LEP
GROWTH PERCENT, WHERE THE LEP GROWTH PERCENT SHALL BE THE QUOTIENT
ARRIVED AT BY DIVIDING THE DIFFERENCE OF THE LIMITED ENGLISH PROFICIENT
COUNT FOR THE BASE YEAR LESS SUCH COUNT FOR THE YEAR PRIOR TO THE BASE
YEAR DIVIDED BY SUCH COUNT FOR THE YEAR PRIOR TO THE BASE YEAR.
(VI) TIER 6 SHALL BE FOR SCHOOL DISTRICTS THAT WERE DESIGNATED AS
SMALL CITY SCHOOL DISTRICTS OR CENTRAL SCHOOL DISTRICTS WHOSE BOUNDARIES
INCLUDE A PORTION OF A SMALL CITY FOR THE SCHOOL AID COMPUTER LISTING
PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE
TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED
"SA1415" THE PRODUCT OF TWO HUNDRED SEVENTY-NINE DOLLARS ($279.00)
MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE
OF THIS SECTION FOR THE BASE YEAR.
(VII) TIER 7 SHALL BE THE PRODUCT OF SIXTY-FIVE DOLLARS ($65.00)
MULTIPLIED BY THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS
COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE
OF THIS SECTION FOR THE BASE YEAR MULTIPLIED BY THE MULTIPLIER FACTOR,
WHERE THE MULTIPLIER FACTOR SHALL BE ANY POSITIVE RESULT OF THE INDEX
CALCULATOR MINUS ONE AND TWO HUNDREDTHS (1.02), WHERE THE INDEX CALCU-
LATION SHALL BE THE GEA/TGFE PERCENT DIVIDED BY ONE AND SEVENTY-NINE
HUNDREDTHS PERCENT (0.0179), AND WHERE THE GEA/TGFE PERCENT SHALL BE GAP
ELIMINATION ADJUSTMENT FOR THE BASE YEAR DIVIDED BY THE TOTAL GENERAL
FUND EXPENDITURES FOR SUCH DISTRICT IN THE BASE YEAR.
(VIII) MINIMUM A SHALL BE THE PRODUCT OF THE GAP ELIMINATION ADJUST-
MENT FOR THE BASE YEAR FOR SUCH DISTRICTS MULTIPLIED BY TEN PERCENT
(0.10).
(IX) MINIMUM B SHALL BE, FOR DISTRICTS WHOSE GAP ELIMINATION ADJUST-
MENT FOR THE BASE YEAR DIVIDED 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" IS GREATER THAN FORTY-FOUR PERCENT (0.44),
THE PRODUCT OF FORTY-FOUR PERCENT MULTIPLIED BY SUCH 2011-12 GEA MULTI-
PLIED BY THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH
W OF SUBDIVISION ONE OF THIS SECTION.
A. 6006 16
(X) PROVIDED, HOWEVER, THE NO GEA RESTORATION SHALL BE MORE THAN THE
PRODUCT, FOR DISTRICTS THAT WERE DESIGNATED AS LOW 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 THOU-
SAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OF SEVENTY-FIVE PERCENT
(0.75), AND FOR ALL OTHER DISTRICTS, NINETY PERCENT (0.90) MULTIPLIED BY
THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR.
H. THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 6. The opening paragraph of section 3609-a of the education law, as
amended by section 4 of part A of chapter 56 of the laws of 2014, is
amended to read as follows:
For aid payable in the two thousand seven--two thousand eight school
year through the [two thousand thirteen--two thousand fourteen] TWO
THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 general support for public schools for the
prescribed payments and individualized payments due prior to April first
for the current year plus the apportionment payable during the current
school year pursuant to subdivision six-a and subdivision fifteen of
section thirty-six hundred two of this part minus any reductions to
current year aids pursuant to subdivision seven of section thirty-six
hundred four of this part or any deduction from apportionment payable
pursuant to this chapter for collection of a school district basic
contribution as defined in subdivision eight of section forty-four
hundred one of this chapter, less any grants provided pursuant to
subparagraph two-a of paragraph b of subdivision four of section nine-
ty-two-c of the state finance law, LESS ANY GRANTS PROVIDED PURSUANT TO
SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW,
less any grants provided pursuant to subdivision twelve of section thir-
ty-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
[fourteen--two thousand fifteen] FIFTEEN--TWO THOUSAND SIXTEEN school
year, reference to such "school aid computer listing for the current
year" shall mean the printouts entitled ["SA141-5"] "SA151-6".
S 7. The education law is amended by adding a new section 3609-h to
read as follows:
A. 6006 17
S 3609-H. MONEYS APPORTIONED TO SCHOOL DISTRICTS FOR COMMERCIAL GAMING
GRANTS PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE
STATE FINANCE LAW, WHEN AND HOW PAYABLE COMMENCING JULY FIRST, TWO THOU-
SAND FOURTEEN. NOTWITHSTANDING THE PROVISIONS OF SECTION THIRTY-SIX
HUNDRED NINE-A OF THIS PART, APPORTIONMENTS PAYABLE PURSUANT TO SUBDIVI-
SION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE FINANCE LAW SHALL BE
PAID PURSUANT TO THIS SECTION. 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.
1. THE MONEYS APPORTIONED BY THE COMMISSIONER TO SCHOOL DISTRICTS
PURSUANT TO SUBDIVISION SIX OF SECTION NINETY-SEVEN-NNNN OF THE STATE
FINANCE LAW FOR THE TWO THOUSAND FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL
YEAR AND THEREAFTER SHALL BE PAID AS A COMMERCIAL GAMING GRANT, AS
COMPUTED PURSUANT TO SUCH SUBDIVISION, AS FOLLOWS:
A. FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR,
ONE HUNDRED PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE AS THE
PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH THREE OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF THIS
ARTICLE.
B. FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND
THEREAFTER, SEVENTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME DATE
AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (II) OF SUBPARAGRAPH THREE OF
PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED NINE-A OF
THIS ARTICLE, AND THIRTY PERCENT OF SUCH GRANT SHALL BE PAID ON THE SAME
DATE AS THE PAYMENT COMPUTED PURSUANT TO CLAUSE (V) OF SUBPARAGRAPH
THREE OF PARAGRAPH B OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED
NINE-A OF THIS ARTICLE.
2. ANY PAYMENT TO A SCHOOL DISTRICT PURSUANT TO THIS SECTION SHALL BE
GENERAL RECEIPTS OF THE DISTRICT AND MAY BE USED FOR ANY LAWFUL PURPOSE
OF THE DISTRICT.
S 8. Paragraph b of subdivision 2 of section 3612 of the education
law, as amended by section 5 of part A of chapter 56 of the laws of
2014, 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 fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN.
S 8-a. Section 3602-ee of the education law, as added by section 1 of
part CC of chapter 56 of the laws of 2014, is amended to read as
follows:
A. 6006 18
S 3602-ee. Statewide universal full-day pre-kindergarten program. 1.
The purpose of the universal full-day pre-kindergarten program is to
incentivize and fund state-of-the-art innovative pre-kindergarten
programs and to encourage program creativity through competition.
2. All universal full-day pre-kindergarten programs shall demonstrate
quality on the following elements:
(a) curriculum;
(b) learning environment, materials and supplies;
(c) family engagement;
(d) staffing patterns;
(e) teacher education and experience;
(f) facility quality;
(g) physical well-being, health and nutrition; and
(h) partnerships with non-profit, community and educational insti-
tutions.
3. (a) The [universal full-day pre-kindergarten program] COMMISSIONER
shall make awards to (i) consolidated applications submitted by school
districts which include pre-kindergarten programs offered by schools,
non-profit organizations, community-based organizations, charter
schools, libraries and/or museums, which shall demonstrate geographic
diversity within the area to be served as well as diversity of provid-
ers; and (ii) non-profit organizations, community-based organizations,
charter schools, libraries and museums, which may apply individually to
the extent allowed under paragraph (b) of this subdivision. Any consol-
idated application must include, but is not limited to, the names of
individual locations and providers, applicable licenses, facility lease
information, and intended staffing plans and certifications.
(b) Prior to submission of a consolidated application, a school
district shall widely solicit non-profit organizations, community-based
organizations, charter schools, libraries and museums located within the
school district to be included in its application. THE SCHOOL DISTRICT
SHALL PROVIDE NOTICE TO SUCH ENTITIES OF THE TIMELINE FOR RESPONDING TO
THE SOLICITATION AND THE CONTENTS OF AN ENTITY'S APPLICATION TO PARTIC-
IPATE IN THE CONSOLIDATED APPLICATION. The school district shall notify
any applicant who has been denied for inclusion in the consolidated
application no later than two weeks prior to submission of such applica-
tion. Such eligible providers denied for inclusion may apply individual-
ly as provided in paragraph (a) of this subdivision. PROVIDED, HOWEVER,
AN ELIGIBLE PROVIDER THAT DOES NOT RESPOND TO A SCHOOL DISTRICT'S SOLIC-
ITATION IN A TIMELY MANNER OR FAILS TO SUBMIT A COMPLETE APPLICATION IN
GOOD FAITH TO THE SCHOOL DISTRICT SHALL BE PROHIBITED FROM APPLYING
INDIVIDUALLY AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION. UPON
RECEIPT OF AN APPLICATION FROM AN ELIGIBLE PROVIDER, THE DEPARTMENT
SHALL VERIFY WITH THE LOCAL SCHOOL DISTRICT THAT THE ELIGIBLE PROVIDER
SUBMITTED A TIMELY AND GOOD FAITH APPLICATION, AS DETERMINED BY THE
SCHOOL DISTRICT, FOR INCLUSION IN THE SCHOOL DISTRICT'S CONSOLIDATED
APPLICATION.
(c) The department [shall] MAY establish two application periods in
advance of a school year.
(d) Providers awarded slots under this section that they actually
utilized would continue to have such slots renewed in subsequent years
provided the program meets quality standards and all applicable require-
ments.
4. Programs that provide more stimulation, enhance child development
and demonstrate creative approaches to improve early childhood education
will have a competitive advantage in the application process.
A. 6006 19
5. The department shall develop a scoring system, which it shall use
to evaluate which applications shall be funded on a competitive basis
based on merit and factors including but not limited to the criteria
listed above and student and community need. [Upon review of applica-
tions, if the program is oversubscribed in any region or regions of the
state, the department shall notify the division of the budget, which
shall develop a plan for distribution of available slots within any
oversubscribed region. The] FOR GRANTS AWARDED IN THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR, THE subscription for the New
York city region is three hundred million dollars AND THE SUBSCRIPTION
FOR PROVIDERS OTHER THAN THOSE IN THE NEW YORK CITY REGION SHALL BE
FORTY MILLION DOLLARS. AN ADDITIONAL FORTY MILLION DOLLARS SHALL BE
AWARDED TO THE NEW YORK CITY REGION FOR THE TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN SCHOOL YEAR AND AN ADDITIONAL FORTY MILLION DOLLARS
SHALL BE AWARDED TO ANY PROVIDERS OTHER THAN THOSE IN THE NEW YORK CITY
REGION FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR.
The department shall allocate full-day pre-kindergarten conversion slots
and new full-day pre-kindergarten slots based on available funding and
[shall make] payments SHALL BE MADE IN THE TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN SCHOOL YEAR upon documentation of eligible expenditures
in the base year[, which]. PAYMENTS shall be [limited to] PROVIDED FOR
the actual number of slots operated and paid on a per-pupil basis pursu-
ant to subdivision fourteen of this section, ALONG WITH PAYMENTS
CONSISTENT WITH THE SUPPLEMENTAL FUNDS CRITERIA IN THE REQUEST FOR
PROPOSAL ISSUED BY THE COMMISSIONER IN THE YEAR TWO THOUSAND FOURTEEN.
(A) FOR GRANTS THAT WERE AWARDED IN THE TWO THOUSAND FOURTEEN--TWO
THOUSAND FIFTEEN SCHOOL YEAR THAT CONTINUE IN THE TWO THOUSAND FIFTEEN-
-TWO THOUSAND SIXTEEN AND TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEARS: (I) FOR ALL AWARDEES STATEWIDE, TWENTY-FIVE PERCENT OF A
SCHOOL DISTRICT'S AND/OR ELIGIBLE ENTITY'S AWARDED FUNDS SHALL BE MADE
AVAILABLE IN THE FINAL QUARTER OF THE YEAR IN WHICH SERVICES ARE
PROVIDED AS AN ADVANCE ON THE SUBSEQUENT SCHOOL YEAR LIABILITIES; (II)
FOR ANY PROVIDERS OTHER THAN THOSE IN THE NEW YORK CITY REGION, FOR
SERVICES PROVIDED IN THE CURRENT SCHOOL YEAR, AN ADDITIONAL PAYMENT OF
UP TO SEVENTY PERCENT, INCLUDING THE AFOREMENTIONED TWENTY-FIVE PERCENT
ADVANCE, SHALL BE MADE AVAILABLE IN THE FIRST THREE QUARTERS OF THE
CURRENT SCHOOL YEAR, WITH THE REMAINING THIRTY PERCENT TO BE PAID IN THE
FINAL QUARTER OF THE CURRENT SCHOOL YEAR; (III) PROVIDERS IN THE NEW
YORK CITY REGION SHALL RECEIVE THE AFOREMENTIONED TWENTY-FIVE PERCENT
ADVANCE. REMAINING PAYMENTS SHALL BE MADE UPON DOCUMENTATION OF ELIGIBLE
EXPENDITURES IN THE BASE YEAR, INCLUDING PAYMENTS CONSISTENT WITH THE
SUPPLEMENTAL FUNDS CRITERIA IN SUCH REQUEST FOR PROPOSAL ISSUED BY THE
COMMISSIONER IN THE YEAR TWO THOUSAND FOURTEEN.
(B) FOR ADDITIONAL GRANTS AWARDED FOR THE TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN SCHOOL YEAR: (I) ANY PROVIDERS OTHER THAN THOSE IN THE
NEW YORK CITY REGION RECEIVING A NEW AWARD SHALL RECEIVE A TWENTY-FIVE
PERCENT ADVANCE OF AWARDED FUNDS AS SOON AS FEASIBLE IN THE FIRST QUAR-
TER OF THE CURRENT SCHOOL YEAR; (II) FOR PROGRAMS OUTSIDE OF THE NEW
YORK CITY REGION, PAYMENTS SHALL BE MADE ON A CURRENT YEAR BASIS, WITH
SEVENTY PERCENT BEING PAID BY MARCH THIRTY-FIRST OF THE CURRENT SCHOOL
YEAR, AND THE REMAINING PAYMENTS MADE IN THE FINAL QUARTER OF THE
CURRENT SCHOOL YEAR; (III) PROVIDERS IN THE NEW YORK CITY REGION SHALL
RECEIVE PAYMENTS UPON DOCUMENTATION OF ELIGIBLE EXPENDITURES IN THE BASE
YEAR INCLUDING PAYMENTS CONSISTENT WITH THE SUPPLEMENTAL FUNDS CRITERIA
IN SUCH REQUEST FOR PROPOSAL ISSUED BY THE COMMISSIONER IN THE YEAR TWO
THOUSAND FOURTEEN.
A. 6006 20
6. The department shall develop a statewide inspection protocol, which
shall provide for annual inspections of all universal full-day pre-kin-
dergarten providers, and shall develop a quality assurance protocol and
physical plant review protocol for such reviews.
7. Statewide universal full-day pre-kindergarten slots shall only be
awarded to support programs that provide instruction for at least five
hours per school day for the full school year and that otherwise comply
with the rules and requirements pursuant to section thirty-six hundred
two-e of this part except as otherwise provided in this section. THE
GRANT AWARD FOR PROGRAMS THAT PROVIDE INSTRUCTION FOR LESS THAN ONE
HUNDRED EIGHTY DAYS IN A SCHOOL YEAR SHALL BE PRORATED IN ACCORDANCE
WITH THE PROVISIONS OF SUBDIVISION SIXTEEN OF SECTION THIRTY-SIX HUNDRED
TWO-E OF THIS PART.
8. All teachers in the universal full-day pre-kindergarten program
shall meet the same teacher certification standards applicable to public
schools. Pre-kindergarten teachers providing instruction through this
section shall possess:
(a) a teaching license or certificate valid for service in the early
childhood grades; or
(b) a teaching license or certificate for students with disabilities
valid for service in early childhood grades; or
(c) for eligible agencies as defined in paragraph b of subdivision one
of section thirty-six hundred two-e of this part that are not schools, a
bachelor's degree in early childhood education or a related field and a
written plan to obtain a certification valid for service in the early
childhood grades as follows:
(i) for teachers hired on or after the effective date of this section
as the teacher for a universal full-day pre-kindergarten classroom,
within three years after commencing employment, at which time such
certification shall be required for employment; and
(ii) for teachers hired by such provider prior to the effective date
of this section for other early childhood care and education programs,
no later than June thirtieth, two thousand seventeen, at which time such
certification shall be required for employment.
9. The process by which applicants submit proposals to collaborate
with the school district or individually to the department, and the
renewal process for such providers, shall take into account any record
of violations of health and safety codes and/or licensure or registra-
tion requirements. In addition, any agency that is cited for a violation
classified as an "imminent danger" by the office of children and family
services or as a "public health hazard" by the New York city department
of health and mental hygiene which is not immediately corrected and
which is not of a life threatening or of a grave and serious nature
shall be suspended from the program and, upon final determination of
such violation by the regulating agency, suspended or terminated from
participating in the program under this section based on the severity of
the violation. Provided further, that eligible agencies with a record of
other serious or critical and/or repeated violations that pose a risk to
health or safety shall, upon final determination of such violations, be
suspended or terminated from participating in the program under this
section, and the office of children and family services shall establish
statewide standards for determining such grounds for such suspension or
termination based on violations issued by the applicable regulatory
agency.
10. Notwithstanding any provision of law to the contrary, a universal
full-day pre-kindergarten provider shall be inspected by the department,
A. 6006 21
the school district with which it partners, if any, and its respective
licensing, permitting, regulatory, oversight, registration or enrolling
agency or entity no fewer than two times per school year, at least one
inspection of which shall be performed by the eligible agency's respec-
tive licensing, permitting, regulatory, oversight, registration or
enrolling agency, as applicable.
11. Facilities providing universal full-day pre-kindergarten under
this section shall meet all applicable fire safety and building codes
and any applicable facility requirements of a state or local licensing
or registering agency and at all times shall maintain building and
classroom space in a manner that ensures and protects the health and
safety of students in all programs statewide, notwithstanding any chang-
es in such applicable codes or requirements.
12. Notwithstanding paragraph (a) of subdivision one of section twen-
ty-eight hundred fifty-four of this chapter and paragraph (c) of subdi-
vision two of section twenty-eight hundred fifty-four of this chapter,
charter schools shall be eligible to participate in universal full-day
pre-kindergarten programs under this section, provided that all such
monitoring, programmatic review and operational requirements under this
section shall be the responsibility of the charter entity and shall be
consistent with the requirements under article fifty-six of this chap-
ter. The provisions of paragraph (b) of subdivision two of section twen-
ty-eight hundred fifty-four of this chapter shall apply to the admission
of pre-kindergarten students, PROVIDED HOWEVER THAT A STUDENT ENROLLED
IN A CHARTER SCHOOL FULL-DAY UNIVERSAL PRE-KINDERGARTEN PROGRAM SHALL
NOT BE ELIGIBLE FOR THE RETURNING STUDENT ENROLLMENT PREFERENCE, except
parents of pre-kindergarten children may submit applications for the two
thousand fourteen--two thousand fifteen school year by a date to be
determined by the charter school upon selection to participate in the
universal full-day pre-kindergarten program. The limitations on the
employment of uncertified teachers under paragraph (a-1) of subdivision
three of section twenty-eight hundred fifty-four of this chapter shall
apply to all teachers from pre-kindergarten through grade twelve.
13. Apportionments under this section shall only be used to supplement
and not supplant current local expenditures of federal, state or local
funds on pre-kindergarten programs and the number of slots in such
programs from such sources. Current local expenditures shall include any
local expenditures of federal, state or local funds used to supplement
or extend services provided directly or via contract to eligible chil-
dren enrolled in a universal pre-kindergarten program pursuant to
section thirty-six hundred two-e of this part.
14. (a) The award per pupil for an eligible entity pursuant to subdi-
vision three of this section shall equal: (i) for each new full-day
pre-kindergarten placement the lesser of the full-day pre-kindergarten
per pupil amount or the total approved expenditures per pupil and (ii)
for each existing half-day pre-kindergarten placement converted into a
full-day pre-kindergarten placement the lesser of (A) the positive
difference of the full-day pre-kindergarten per pupil amount minus the
district's selected aid per pre-kindergarten pupil pursuant to subpara-
graph (i) of paragraph b of subdivision ten of section thirty-six
hundred two-e of this part or (B) the positive difference of the total
approved expenditures per pupil minus the district's selected aid per
pre-kindergarten pupil pursuant to subparagraph (i) of paragraph b of
subdivision ten of section thirty-six hundred two-e of this part. Each
participating eligible entity pursuant to subdivision three of this
A. 6006 22
section shall provide its expenses under this provision in a format
prescribed by the commissioner.
(b) For the purposes of this section, "full-day pre-kindergarten per
pupil amount" shall mean (i) for pupils enrolled in programs where the
teacher of record for such pupil holds a teaching certificate issued by
the commissioner in an appropriate certificate title, ten thousand
dollars, and (ii) for pupils enrolled in programs where the teacher of
record for such pupil does not hold a teaching certificate issued by the
commissioner in an appropriate certificate title, seven thousand
dollars.
(c) For the purposes of this section, "teacher of record" shall mean
the teacher who is primarily and directly responsible for a student's
learning activities, as reported to the department in a manner
prescribed by the commissioner.
15. Definitions. For the purpose of this section, the following defi-
nitions shall apply:
(a) "regions of the state" shall mean:
(i) Capital Region: Includes Albany, Columbia, Greene, Rensselaer,
Saratoga, Schenectady, Warren, and Washington counties.
(ii) Central New York Region: Includes Cayuga, Cortland, Madison,
Onondaga and Oswego counties.
(iii) Finger Lakes Region: Includes Genesee, Livingston, Monroe,
Ontario, Orleans, Seneca, Wayne, Wyoming and Yates counties.
(iv) Long Island Region: Includes Nassau and Suffolk counties.
(v) Mid-Hudson Region: Includes Dutchess, Orange, Putnam, Rockland,
Sullivan, Ulster and Westchester counties.
(vi) Mohawk Valley Region: Includes Fulton, Herkimer, Montgomery,
Oneida, Otsego and Schoharie counties.
(vii) New York City Region: Includes Bronx, Kings, New York, Queens
and Richmond counties.
(viii) North Country Region: Includes Clinton, Essex, Franklin, Hamil-
ton, Jefferson, Lewis and St. Lawrence counties.
(ix) Southern Tier Region: Includes Broome, Chemung, Chenango, Dela-
ware, Schuyler, Steuben, Tioga and Tompkins counties.
(x) Western New York Region: Includes Allegany, Cattaraugus, Chautau-
qua, Erie and Niagara counties.
(b) "community-based organization" shall mean a provider of child care
and early education, a day care provider, early childhood program or
center, approved preschool special education program, Head Start or
other such community-based organization.
[16. The authority of the department to administer the universal full-
day pre-kindergarten program shall expire June thirtieth, two thousand
sixteen; provided that the program shall continue and remain in full
effect.]
S 8-b. Section 3641 of the education law is amended by adding a new
subdivision 17 to read as follows:
17. SUPPORT FOR PUPILS FOR ENGLISH LANGUAGE LEARNING SUCCESS. FOR THE
TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN SCHOOL YEAR, ELIGIBLE SCHOOL
DISTRICTS SHALL RECEIVE AN APPORTIONMENT FROM FUNDS APPROPRIATED FOR
INSTRUCTIONAL PROGRAMS FOR STUDENTS DESIGNATED UNDER PARAGRAPH O OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE. SUCH
APPORTIONMENT SHALL BE EQUAL TO THE PRODUCT OF TEN MILLION DOLLARS
MULTIPLIED BY THE SPELLS GROWTH QUOTIENT.
A. "INCREASE IN SPELLS STUDENTS" SHALL MEAN THE DIFFERENCE OF THE
PUPIL COUNT CALCULATED PURSUANT TO PARAGRAPH O OF SUBDIVISION ONE OF
SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR THE TWO THOUSAND
A. 6006 23
FOURTEEN-TWO THOUSAND FIFTEEN SCHOOL YEAR AS SUCH AMOUNT APPEARS ON AN
ELECTRONIC FILE PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE DATABASE
PRODUCED IN FEBRUARY, TWO THOUSAND FIFTEEN PURSUANT TO SUBDIVISION TWEN-
TY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER AND ENTITLED
"CL027-A" LESS THE PUPIL COUNT CALCULATED PURSUANT TO PARAGRAPH O OF
SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE FOR
THE TWO THOUSAND THIRTEEN-TWO THOUSAND FOURTEEN SCHOOL YEAR AS SUCH
AMOUNT APPEARS ON AN ELECTRONIC FILE PRODUCED BY THE COMMISSIONER IN
SUPPORT OF THE DATABASE PRODUCED IN MAY, TWO THOUSAND FOURTEEN PURSUANT
TO SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER
AND ENTITLED "SA141-A".
B. "SPELLS GROWTH QUOTIENT" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN
DIVIDING AN ELIGIBLE DISTRICT'S INCREASE IN SPELLS STUDENTS BY THE SUM
OF INCREASE IN SPELLS STUDENTS IN ALL ELIGIBLE DISTRICTS.
C. "ELIGIBLE SCHOOL DISTRICT" SHALL MEAN A DISTRICT WITH (1) AN
INCREASE IN SPELLS STUDENTS GREATER THAN OR EQUAL TO TWENTY AND (2) A
COMBINED WEALTH RATIO COMPUTED PURSUANT TO PARAGRAPH C OF SUBDIVISION
THREE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS ARTICLE LESS THAN OR
EQUAL TO ONE AND ONE-HALF.
S 8-c. Paragraph c of subdivision 16 of section 3641 of the education
law, as added by section 2 of part C of chapter 56 of the laws of 2014,
is amended to read as follows:
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.
(3) IN IMPLEMENTING AND DEVELOPING GUIDANCE TO SCHOOL DISTRICTS ON THE
SMART SCHOOLS GRANTS, THE SMART SCHOOLS REVIEW BOARD SHALL CONSIDER THE
NEED TO MAKE TIMELY AWARDS TO SCHOOL DISTRICTS, TAKING INTO ACCOUNT THE
BUDGETING NEEDS OF SCHOOL DISTRICTS AND THE IMPACT, IF ANY, ON THE TAX
LEVY.
S 9. Subdivision 6 of section 4402 of the education law, as amended by
section 9 of part A of chapter 56 of the laws of 2014, is amended to
read as follows:
A. 6006 24
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 [fifteen] SIXTEEN of the two
thousand [fourteen] FIFTEEN--two thousand [fifteen] SIXTEEN school year,
be authorized to increase class sizes in special classes containing
students with disabilities whose age ranges are equivalent to those of
students in middle and secondary schools as defined by the commissioner
for purposes of this section by up to but not to exceed one and two
tenths times the applicable maximum class size specified in regulations
of the commissioner rounded up to the nearest whole number, provided
that in a city school district having a population of one million or
more, classes that have a maximum class size of fifteen may be increased
by no more than one student and provided that the projected average
class size shall not exceed the maximum specified in the applicable
regulation, provided that such authorization shall terminate on June
thirtieth, two thousand. Such authorization shall be granted upon filing
of a notice by such a board of education with the commissioner stating
the board's intention to increase such class sizes and a certification
that the board will conduct a study of attendance problems at the
secondary level and will implement a corrective action plan to increase
the rate of attendance of students in such classes to at least the rate
for students attending regular education classes in secondary schools of
the district. Such corrective action plan shall be submitted for
approval by the commissioner by a date during the school year in which
such board increases class sizes as provided pursuant to this subdivi-
sion 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. Section 34 of chapter 91 of the laws of 2002 amending the
education law and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended to
read as follows:
S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2015] 2022; provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2015] 2022 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by section three of this act,
subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
A. 6006 25
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
S 10-a. Subdivision 12 of section 17 of chapter 345 of the laws of
2009 amending the education law relating to the New York city board of
education, chancellor, community councils, and community superinten-
dents, is amended to read as follows:
12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2015] 2022.
S 11. Subparagraph (i) of paragraph a of subdivision 10 of section
4410 of the education law is amended by adding a new clause (C) to read
as follows:
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN
SCHOOL YEAR AND THEREAFTER, TO BE PHASED-IN OVER NO MORE THAN FOUR YEARS
STARTING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL
YEAR, THE COMMISSIONER, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE
BUDGET, SHALL ESTABLISH REGIONAL TUITION RATES FOR SPECIAL EDUCATION
ITINERANT SERVICES BASED ON AVERAGE ACTUAL COSTS IN ACCORDANCE WITH A
METHODOLOGY ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF SECTION
FORTY-FOUR HUNDRED FIVE OF THIS ARTICLE.
S 11-a. Tuition rates approved for the two thousand fifteen--two thou-
sand sixteen school year for special services or programs provided to
school-age students by special act school districts and approved private
residential or non-residential schools for the education of students
with disabilities that are located within the state shall provide for an
increase of at least two and four-tenths percent in reimbursable costs.
S 12. Section 97-nnnn of the state finance law is amended by adding a
new subdivision 6 to read as follows:
6. A. MONEYS APPROPRIATED FROM THE FUND FOR THE TWO THOUSAND FOUR-
TEEN--TWO THOUSAND FIFTEEN AND TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEARS, FOR THE PURPOSES OF PROVIDING AID PURSUANT TO
PARAGRAPH A OF SUBDIVISION THREE OF THIS SECTION SHALL BE APPORTIONED
AND PAID BY THE EDUCATION DEPARTMENT ON OR AFTER APRIL FIRST, TWO THOU-
SAND FIFTEEN.
B. EACH SCHOOL DISTRICT ELIGIBLE TO RECEIVE TOTAL FOUNDATION AID
PURSUANT TO SECTION THIRTY-SIX HUNDRED TWO OF THE EDUCATION LAW SHALL
RECEIVE A COMMERCIAL GAMING GRANT IN AN AMOUNT EQUAL TO THE PRODUCT OF
THE AMOUNT OF THE APPROPRIATION OF SUCH COMMERCIAL GAMING GRANTS FOR THE
CURRENT STATE FISCAL YEAR MULTIPLIED BY THE DISTRICT'S COMMERCIAL GAMING
A. 6006 26
RATIO. THE "COMMERCIAL GAMING RATIO" SHALL BE EQUAL TO THE QUOTIENT OF
THE MONEYS APPORTIONED FOR SUCH DISTRICT PURSUANT TO SECTION THIRTY-SIX
HUNDRED NINE-A OF THE EDUCATION LAW AS SET FORTH IN THE SCHOOL AID
COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED
STATE BUDGET FOR THE CURRENT SCHOOL YEAR, DIVIDED BY THE SUM OF SUCH
MONEYS APPORTIONED FOR ALL SCHOOL DISTRICTS AS SET FORTH IN SUCH SCHOOL
AID COMPUTER LISTING IN SUPPORT OF THE ENACTED STATE BUDGET FOR THE
CURRENT SCHOOL YEAR.
MONEYS TO BE APPROPRIATED FROM THE FUND IN ANY STATE FISCAL YEAR,
COMMENCING ON AND AFTER APRIL FIRST, TWO THOUSAND FIFTEEN, FOR THE
PURPOSES OF PROVIDING AID PURSUANT TO THIS SUBPARAGRAPH SHALL BE APPOR-
TIONED AND PAID BY THE EDUCATION DEPARTMENT PURSUANT TO SECTION THIRTY-
SIX HUNDRED NINE-H OF THE EDUCATION LAW.
S 13. 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
12 of part A of chapter 56 of the laws of 2014, is amended to read as
follows:
b. Reimbursement for programs approved in accordance with subdivision
a of this section [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, 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] THIRTEEN dollars per contact hour, AND
REIMBURSEMENT FOR THE 2015--2016 SCHOOL YEAR SHALL NOT EXCEED 60.7
PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIR-
TEEN DOLLARS AND FORTY CENTS PER CONTACT HOUR where a contact hour
represents sixty minutes of instruction services provided to an eligible
adult. Notwithstanding any other provision of law to the contrary, [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
six hundred twenty-five thousand (1,625,000) hours; WHEREAS FOR THE
2015--2016 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION
FIVE HUNDRED NINETY-NINE THOUSAND FIFTEEN (1,599,015) HOURS. Notwith-
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 14. 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
A. 6006 27
worker education in New York city, is amended by adding a new subdivi-
sion t to read as follows:
T. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE
COMPLETION OF PAYMENTS FOR THE 2015--2016 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 15. 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 14 of part A of
chapter 56 of the laws of 2014, is amended to read as follows:
S 6. This act shall take effect July 1, 1992, and shall be deemed
repealed on June 30, [2015] 2016.
S 15-a. Paragraph a-1 of subdivision 11 of section 3602 of the educa-
tion law, as amended by section 14-a of part A of chapter 56 of the laws
of 2014, 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 [fourteen] FIFTEEN--two thou-
sand [fifteen] SIXTEEN, 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 16. 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 15 of part A of chapter 56 of the laws of 2014, 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, [2016] 2017.
S 17. Subdivisions 22 and 24 of section 140 of chapter 82 of the laws
of 1995, amending the education law and other laws relating to state aid
to school districts and the appropriation of funds for the support of
government, as amended by section 16 of part A of chapter 56 of the laws
of 2014, are amended to read as follows:
A. 6006 28
(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,
[2015] 2016 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 twenty-four of this act shall be deemed to be
repealed on and after July 1, [2015] 2016;
S 18. Section 7 of chapter 472 of the laws of 1998, amending the
education law relating to the lease of school buses by school districts,
as amended by section 26 of part A of chapter 57 of the laws of 2013, is
amended to read as follows:
S 7. This act shall take effect September 1, 1998, and shall expire
and be deemed repealed September 1, [2015] 2017.
S 19. 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 18 of part A of
chapter 56 of the laws of 2014, 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, [2015] 2016 when
upon such date the provisions of this act shall be deemed repealed.
S 20. Section 4 of chapter 425 of the laws of 2002, amending the
education law relating to the provision of supplemental educational
services, attendance at a safe public school and the suspension of
pupils who bring a firearm to or possess a firearm at a school, as
amended by section 19 of part A of chapter 56 of the laws of 2014, 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, [2015] 2016.
S 21. 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 20 of part A of chapter 56 of the laws of
2014, 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, [2015] 2016.
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 2015-2016 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 2016 and not later than the last day of the third full
business week of June 2016, a school district eligible for an apportion-
ment 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, 2016, for salary expenses incurred between April 1 and
June 30, 2015 and such apportionment shall not exceed the sum of (i) the
A. 6006 29
deficit reduction assessment of 1990--1991 as determined by the commis-
sioner 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 inhabitants accord-
ing to the latest federal census, plus (iv) the net gap elimination
adjustment for 2010--2011, as determined by the commissioner of educa-
tion pursuant to chapter 53 of the laws of 2010, plus (v) the gap elimi-
nation adjustment for 2011--2012 as determined by the commissioner of
education pursuant to subdivision 17 of section 3602 of the education
law, and provided further that such apportionment shall not exceed such
salary expenses. Such application shall be made by a school district,
after the board of education or trustees have adopted a resolution to do
so and in the case of a city school district in a city with a population
in excess of 125,000 inhabitants, with the approval of the mayor of such
city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
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, 2016, 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, 2016 and such apportionment shall
not exceed the additional accruals required to be made by school
A. 6006 30
districts in the 2004--2005 and 2005--2006 school years associated with
changes for such public pension liabilities. The amount of such addi-
tional accrual shall be certified to the commissioner of education by
the president of the board of education or the trustees or, in the case
of a city school district in a city with a population in excess of
125,000 inhabitants, the mayor of such city. Such application shall be
made by a school district, after the board of education or trustees have
adopted a resolution to do so and in the case of a city school district
in a city with a population in excess of 125,000 inhabitants, with the
approval of the mayor of such city.
b. The claim for an apportionment to be paid to a school district
pursuant to subdivision a of this section shall be submitted to the
commissioner of education on a form prescribed for such purpose, and
shall be payable upon determination by such commissioner that the form
has been submitted as prescribed. Such approved amounts shall be payable
on the same day in September of the school year following the year in
which application was made as funds provided pursuant to subparagraph
(4) of paragraph b of subdivision 4 of section 92-c of the state finance
law, on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education in the manner
prescribed by law from moneys in the state lottery fund and from the
general fund to the extent that the amount paid to a school district
pursuant to this section exceeds the amount, if any, due such school
district pursuant to subparagraph (2) of paragraph a of subdivision 1 of
section 3609-a of the education law in the school year following the
year in which application was made.
c. Notwithstanding the provisions of section 3609-a of the education
law, an amount equal to the amount paid to a school district pursuant to
subdivisions a and b of this section shall first be deducted from the
following payments due the school district during the school year
following the year in which application was made pursuant to subpara-
graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of
section 3609-a of the education law in the following order: the lottery
apportionment payable pursuant to subparagraph (2) of such paragraph
followed by the fixed fall payments payable pursuant to subparagraph (4)
of such paragraph and then followed by the district's payments to the
teachers' retirement system pursuant to subparagraph (1) of such para-
graph, and any remainder to be deducted from the individualized payments
due the district pursuant to paragraph b of such subdivision shall be
deducted on a chronological basis starting with the earliest payment due
the district.
S 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.
A. 6006 31
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 25-a. Notwithstanding any provision of law to the contrary, state
building aid payments in the amount of not more than one million nine
hundred eighty-nine thousand eight hundred sixty-seven dollars
($1,989,867) made to the Johnson City central school district in various
school years, which included excess payments of which such school
district has been notified, and for which a recovery must be made by the
state through deduction of future aid payments, shall be reduced through
aid deductions totaling such excess payments, by deducting one-sixth of
such excess payments from the payments due to such school district and
payable in the month of June in the years 2015, 2016, 2017, 2018, 2019
and 2020; provided, however, there shall be no interest penalty assessed
against such district or collected by the state; and provided, further,
that notwithstanding any other provision of this act, any pending
payment of moneys due to such district as a prior year adjustment paya-
ble 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 for which recovery of excess payments is to be
made pursuant to this section, 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 section shall be reduced by the commissioner of education to
reflect the amount to recovered.
S 25-b. Notwithstanding any provision of the law to the contrary, for
the Amsterdam city school district having a penalty arising from the
late filing of a final cost report pursuant to section 31 of part A of
chapter 57 of the laws of 2012 where such penalty exceeds $5,000,000 and
also exceeds 9 percent of such district's total general fund expendi-
tures for the 2012-13 school year, the commissioner of education shall
recover such penalty in five equal annual installments beginning the
later of June, 2017 or June of the school year in which such district is
notified of the penalty. Provided further that such district may elect
to make an initial payment no later than thirty days in advance of the
first annual installment which shall reduce the amount of each annual
installment.
S 25-c. Subdivision 3 of section 1230 of the real property tax law, as
amended by section 54 of part A1 of chapter 58 of the laws of 2006, is
amended to read as follows:
3. Special equalization rates shall be established for the following
school districts:
Amityville union free school district
Brentwood school district
Central Islip school district
Freeport union free school district
GREENBURGH CENTRAL SCHOOL DISTRICT
Hempstead union free school district
Roosevelt union free school district
Tuckahoe union free school district
Uniondale union free school district
Westbury union free school district
Wyandanch school district
A. 6006 32
S 25-d. For calculation of aid apportioned to the Greenburgh central
school district for any project for which aid is first apportioned
pursuant to subdivision 6 of section 3602 of the education law on or
after July 1, 2015, the district shall compute aid under the provisions
of such subdivision using the greater of:
a. the building aid ratio computed for use in the current year; or
b. a building aid ratio equal to the difference of the selected build-
ing aid ratio equivalent computed pursuant to this section, less one-
tenth.
(1) The selected building aid ratio equivalent shall be the positive
difference of:
(a) one, less
(b) the product, computed to three decimal places without rounding, of
(i) the quotient, computed to three decimal places without rounding,
of
(A) the quotient, computed to the nearest whole number without round-
ing, of
(I) the actual valuation of the school district, as defined pursuant
to subdivision 1 of section 3602 of the education law, divided by
(II) the equivalent pupils of the school district
(B) divided by the state average actual valuation per pupil computed
pursuant to subdivision 3 of section 3602 of the education law, multi-
plied by
(ii) fifty-one percent.
Such aid ratio shall not be less than zero.
(2) The equivalent pupils of the school district shall be the
quotient, computed to the nearest whole number without rounding, of
(a) an equivalent actual valuation equal to the amount that would be
computed obtained by taking the assessed valuation of taxable real prop-
erty within such district as it appears upon the assessment roll of the
town in which such property is located, for the calendar year two years
prior to the calendar year in which the base year commenced, after
revision as provided by law, and dividing it by the state equalization
rate as determined by the state office of real property services, for
the assessment roll of such town completed during such preceding calen-
dar year, divided by
(b) the product, computed to the nearest whole number without round-
ing, of
(i) the state average actual valuation per pupil computed pursuant to
subdivision 3 of section 3602 of the education law, multiplied by
(ii) the quotient, computed to three decimals without rounding, of
(A) the positive difference of
(I) one less
(II) the building aid ratio that was used or that would have been used
to compute an apportionment pursuant to subdivision 6 of section 3602 of
the education law in the 1999--2000 school year, divided by
(B) fifty-one one-hundredths.
The office of real property services shall determine such equivalent
actual valuation and shall report it to the state comptroller and the
commissioner of education. Such computations shall be deemed final and
not subject to change on or after July 1, 2016.
S 26. Notwithstanding the provision of any law, rule, or regulation to
the contrary, the city school district of the city of Rochester, upon
the consent of the board of cooperative educational services of the
supervisory district serving its geographic region may purchase from
A. 6006 33
such board for the 2015--2016 school year, as a non-component school
district, services required by article 19 of the education law.
S 26-a. Notwithstanding any provision of the law to the contrary, for
the Tonawanda school district having a penalty arising from the late
filing of a final cost report pursuant to section 31 of part A of chap-
ter 57 of the laws of 2012 where such penalty exceeds $1,400,000 and
also exceeds 5 percent of such district's total general fund expendi-
tures for the 2012-13 school year and the district has a combined wealth
ratio for 2013-14 aid of .610, the commissioner of education shall
recover such penalty in five equal annual installments beginning the
later of June, 2017 or June of the school year in which such district is
notified of the penalty. Provided, further, that such district may elect
to make an initial payment no later than thirty days in advance of the
first annual installment which shall reduce the amount of each annual
installment.
S 26-b. Ballston Spa central school district semiconductor manufactur-
ing tax stabilization fund. 1. Legislative findings. The legislature
hereby finds that the private development and ownership of a semiconduc-
tor manufacturing project or projects located within the Ballston Spa
central school district may result in instability in the real property
tax base and the budgets of the district due to the uncertainty with the
assessments of such semiconductor manufacturing project or projects and
the variability of the payments in lieu of taxes prior to and at termi-
nation of such payments.
2. Definitions. As used in this section:
(a) "Board of education" or "board" means the board of education of
the Ballston Spa central school district.
(b) "Semiconductor manufacturing tax stabilization reserve fund" or
"fund" means the semiconductor manufacturing tax stabilization reserve
fund established pursuant to this section.
(c) "Payments in lieu of taxes" or "payments" means payments in lieu
of taxes receivable by the school district pursuant to contracts entered
into in accordance with section 412-a of the real property tax law or
section 858 of the general municipal law on any semiconductor manufac-
turing project or projects located wholly or partially within the Ball-
ston Spa central school district.
(d) "School district" or "district" means the Ballston Spa central
school district.
(e) "Semiconductor manufacturing project or projects" shall be defined
as in section 412-a of the real property tax law and shall include the
land upon which the project is located, buildings for use in the manu-
facturing of semiconductors, associated buildings, and the acquisition
and installation therein of certain machinery and equipment.
3. Semiconductor manufacturing tax stabilization reserve fund. The
board of education is hereby authorized to establish a semiconductor
manufacturing tax stabilization reserve fund to lessen or prevent
increases in the school district's real property tax levy resulting from
decreases in revenue due to changes in the amount of or termination of
payments in lieu of taxes receivable by the school district provided,
however, that no such fund shall be established unless approved by a
majority vote of the qualified voters of the district present and voting
on a separate ballot proposition therefor at either a special district
meeting which the board of education may call for such purposes, or at
the annual district meeting and election, to be noticed and conducted in
either case in accordance with the provisions of article 41 of the
A. 6006 34
education law. Moneys shall be paid into and withdrawn from the fund,
and the fund shall be administered, as follows:
(a) For any school district fiscal year commencing after the effective
date of this section and after the establishment of the semiconductor
manufacturing tax stabilization reserve fund, the board of education may
determine that there shall be paid into the fund all or any portion of
the amount by which the payments in lieu of taxes receivable by the
school district for such fiscal year is greater than the amount of such
payments received by the school district for the preceding fiscal year,
provided that no payment into the reserve fund shall cause the balance
of the fund to exceed the amount approved in a ballot proposition
described above.
(b) Moneys may be withdrawn from the semiconductor manufacturing tax
stabilization reserve fund for any fiscal year to be expended for any
lawful purpose, provided, however, that no such withdrawal and expendi-
ture shall be made unless approved by a majority vote of the qualified
voters of the district present and voting on a single proposition as
part of the district's budget at the annual district meeting and
election, or, on a separate ballot proposition therefor at a special
district meeting which the board of education may call for such purpose,
to be noticed and conducted in either case in accordance with the
provisions of article 41 of the education law.
(c) The moneys in the semiconductor manufacturing tax stabilization
reserve fund shall be deposited, invested and accounted for in the
manner provided for in subdivisions 2 and 6 of section 3651 and section
3652 of the education law.
S 26-c. Subdivision 10 of section 6-p of the general municipal law, as
amended by section 14-b of part A of chapter 56 of the laws of 2014, 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 fourteen--
two thousand fifteen] TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN 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 elimi-
nation adjustment as calculated by the commissioner of education pursu-
ant 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 fourteen--two thousand fifteen] TWO THOUSAND FIFTEEN--TWO
THOUSAND SIXTEEN 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 withdrawal, the date
of withdrawal, and the use of such withdrawn funds.
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 2015--2016
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
A. 6006 35
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 2015--2016 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 2015--2016
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 2015--2016 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
A. 6006 36
($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 2015 enacting
the aid to localities budget shall be apportioned for the 2015-2016
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 educa-
tion 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 2015-2016
by a chapter of the laws of 2015 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 28-a. Subdivision 3 of section 4204-b of the education law, as
amended by section 12-b of part A of chapter 57 of the laws of 2012, is
amended to read as follows:
3. The state comptroller may deduct from any state funds which become
due to a school district for each year in which such child was in
attendance at such institution or facility an amount equal to the
reimbursement required to be made by such school district in accordance
with this section, and the amount so deducted shall not be included in
the operating expense of such district for the purposes of computing the
[apportionment for] APPROVED operating expense [aid] pursuant to PARA-
GRAPH T OF subdivision [eleven] ONE of section thirty-six hundred two of
this chapter.
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
A. 6006 37
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, 2015, provided,
however, that:
1. Sections eight, eight-b, nine, thirteen, fourteen, twenty-two,
twenty-six and twenty-seven of this act shall take effect July 1, 2015.
2. Sections seven and twelve of this act shall take effect April 1,
2014.
3. Section six of this act shall take effect July 1, 2014.
4. Section eleven of this act shall take effect April 1, 2016 and
shall first apply to reimbursement for services and programs provided
pursuant to section 4410 of the education law in the 2016-17 school
year.
4-a. The amendments to paragraph b-1 of section 3602 of the education
law made by section five-b of this act shall be subject to the expira-
tion and reversion of such paragraph pursuant to section 13 of part A of
chapter 97 of the laws of 2011, when upon such date the provisions of
section five-c of this act shall take effect.
5. The amendments to chapter 756 of the laws of 1992, relating to
funding a program for work force education conducted by a consortium for
worker education in New York City, made by sections thirteen and four-
teen of this act shall not affect the repeal of such chapter and shall
be deemed repealed therewith.
6. Section seventeen of this act shall take effect immediately and
shall be deemed to have been in full force and effect on and after the
effective date of section 140 of chapter 82 of the laws of 1995.
PART B
Intentionally Omitted
PART C
Section 1. The education law is amended by adding a new section 679-g
to read as follows:
S 679-G. NEW YORK STATE GET ON YOUR FEET LOAN FORGIVENESS PROGRAM. 1.
PURPOSE. THE PRESIDENT SHALL GRANT STUDENT LOAN FORGIVENESS AWARDS FOR
THE PURPOSE OF ALLEVIATING THE BURDEN OF FEDERAL STUDENT LOAN DEBT FOR
RECENT NEW YORK STATE COLLEGE GRADUATES.
2. ELIGIBILITY. TO BE ELIGIBLE FOR AN AWARD PURSUANT TO THIS SECTION,
AN APPLICANT SHALL: (A) HAVE GRADUATED FROM A HIGH SCHOOL LOCATED IN NEW
YORK STATE OR ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE
HIGH SCHOOL EQUIVALENCY DIPLOMA AND RECEIVED SUCH HIGH SCHOOL EQUIVALEN-
CY DIPLOMA; (B) HAVE GRADUATED AND OBTAINED AN UNDERGRADUATE DEGREE FROM
A COLLEGE OR UNIVERSITY WITH ITS HEADQUARTERS LOCATED IN NEW YORK STATE
IN OR AFTER THE TWO THOUSAND FOURTEEN--FIFTEEN ACADEMIC YEAR; (C) APPLY
FOR THIS PROGRAM WITHIN TWO YEARS OF COLLEGE GRADUATION; PROVIDED THAT
AN APPLICANT WHO ENROLLS IN A GRADUATE OR HIGHER DEGREE PROGRAM OR OTHER
PROFESSIONAL LICENSURE DEGREE PROGRAM IMMEDIATELY FOLLOWING COLLEGE
GRADUATION SHALL APPLY FOR THIS PROGRAM WITHIN TWO YEARS OF COMPLETING
SUCH DEGREE PROGRAM; (D) BE A PARTICIPANT IN A FEDERAL INCOME-DRIVEN
A. 6006 38
REPAYMENT PLAN WHOSE PAYMENT AMOUNT IS GENERALLY TEN PERCENT OF DISCRE-
TIONARY INCOME; (E) HAVE INCOME OF LESS THAN FIFTY THOUSAND DOLLARS; (F)
BE A RESIDENT OF NEW YORK STATE; AND (G) WORK IN NEW YORK STATE, IF
EMPLOYED. FOR PURPOSES OF THIS PROGRAM, "INCOME" SHALL BE THE TOTAL
ADJUSTED GROSS INCOME OF THE APPLICANT.
3. AWARDS. AN APPLICANT WHOSE ANNUAL INCOME IS LESS THAN FIFTY THOU-
SAND DOLLARS SHALL BE ELIGIBLE TO RECEIVE AN AWARD EQUAL TO ONE HUNDRED
PERCENT OF HIS OR HER MONTHLY FEDERAL INCOME-DRIVEN REPAYMENT PLAN
PAYMENTS FOR A PERIOD OF TWENTY-FOUR MONTHS OF REPAYMENT UNDER THE
FEDERAL PROGRAM. PROVIDED, HOWEVER, THAT AWARDS GRANTED UNDER THIS
SECTION SHALL BE DEFERRED FOR AN APPLICANT WHO HAS BEEN GRANTED A DEFER-
MENT OR FORBEARANCE UNDER THE FEDERAL INCOME-DRIVEN REPAYMENT PLAN. UPON
COMPLETION OF SUCH DEFERMENT OR FORBEARANCE PERIOD, SUCH APPLICANT SHALL
BE ELIGIBLE TO RECEIVE AN AWARD FOR THE REMAINING TIME PERIOD UNDER THIS
SUBDIVISION.
4. RULES AND REGULATIONS. THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES AND REGULATIONS, AND MAY PROMULGATE EMERGENCY REGULATIONS NECES-
SARY FOR THE IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
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, 2015.
PART D
Section 1. This act shall be known and may be cited as the "New York
state DREAM Act".
S 2. The education law is amended by adding a new section 609 to read
as follows:
S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED
A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING
THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS.
(B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE
MEMBERS TO BE APPOINTED AS FOLLOWS:
(I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR;
(II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF
THE SENATE;
(III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
(IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE
SENATE;
(V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
BLY;
(C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY
OF THE STATE.
(D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL
INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER
INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE
CHILDREN OF IMMIGRANTS.
(E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO
COMPENSATION FOR THEIR SERVICES.
2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO:
(I) ADMINISTER THE PROVISIONS OF THIS SECTION;
(II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND;
(III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL-
ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY
EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS-
A. 6006 39
TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI-
GRANTS TO THE UNITED STATES;
(IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK
DREAM FUND;
(V) DEVELOP CRITERIA AND A SELECTION PROCESS FOR THE RECIPIENTS OF
SCHOLARSHIPS FROM THE NEW YORK DREAM FUND;
(VI) RESEARCH ISSUES PERTAINING TO THE AVAILABILITY OF ASSISTANCE WITH
THE COSTS OF HIGHER EDUCATION FOR THE CHILDREN OF IMMIGRANTS AND OTHER
ISSUES REGARDING ACCESS FOR AND THE PERFORMANCE OF THE CHILDREN OF IMMI-
GRANTS WITHIN HIGHER EDUCATION;
(VII) ESTABLISH, PUBLICIZE, AND ADMINISTER TRAINING PROGRAMS FOR HIGH
SCHOOL COUNSELORS, ADMISSIONS OFFICERS, AND FINANCIAL AID OFFICERS OF
INSTITUTIONS OF HIGHER EDUCATION. THE TRAINING PROGRAMS SHALL INSTRUCT
PARTICIPANTS ON THE EDUCATIONAL OPPORTUNITIES AVAILABLE TO COLLEGE-BOUND
STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS, INCLUDING, BUT NOT LIMITED
TO, IN-STATE TUITION AND SCHOLARSHIP PROGRAMS. TO THE EXTENT PRACTICA-
BLE, THE NEW YORK DREAM FUND COMMISSION SHALL OFFER THE TRAINING PROGRAM
TO SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
THROUGHOUT THE STATE, PROVIDED HOWEVER, THAT PRIORITY SHALL BE GIVEN TO
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH
LARGER NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS OVER SCHOOL
DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES WITH LESSER
NUMBER OF STUDENTS WHO ARE THE CHILDREN OF IMMIGRANTS;
(VIII) ESTABLISH A PUBLIC AWARENESS CAMPAIGN REGARDING EDUCATIONAL
OPPORTUNITIES AVAILABLE TO COLLEGE BOUND STUDENTS WHO ARE THE CHILDREN
OF IMMIGRANTS; AND
(IX) ESTABLISH, BY RULE, PROCEDURES FOR ACCEPTING AND EVALUATING
APPLICATIONS FOR SCHOLARSHIPS FROM THE CHILDREN OF IMMIGRANTS AND ISSU-
ING SCHOLARSHIPS TO SELECTED STUDENT APPLICANTS;
(B) TO RECEIVE A SCHOLARSHIP PURSUANT TO THIS SECTION, A STUDENT
APPLICANT MUST MEET THE FOLLOWING QUALIFICATIONS:
(I) HAVE RESIDED WITH HIS OR HER PARENTS OR GUARDIANS WHILE ATTENDING
A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE;
(II) HAVE GRADUATED FROM A PUBLIC OR PRIVATE HIGH SCHOOL OR RECEIVED
THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA IN THIS STATE;
(III) HAVE ATTENDED A PUBLIC OR PRIVATE HIGH SCHOOL IN THIS STATE FOR
AT LEAST TWO YEARS AS OF THE DATE HE OR SHE GRADUATED FROM HIGH SCHOOL
OR RECEIVED THE EQUIVALENT OF A HIGH SCHOOL DIPLOMA;
(IV) HAVE AT LEAST ONE PARENT OR GUARDIAN WHO IMMIGRATED TO THE UNITED
STATES.
(C) THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE FUNDED ENTIRELY BY PRIVATE CONTRIBUTIONS AND NO STATE FUNDS
SHALL BE APPROPRIATED TO OR USED BY THE NEW YORK DREAM FUND. NO FUNDS
OF THE NEW YORK DREAM FUND OR THE NEW YORK DREAM FUND COMMISSION SHALL
BE TRANSFERRED TO THE GENERAL FUND OR ANY SPECIAL REVENUE FUND OR SHALL
BE USED FOR ANY PURPOSE OTHER THAN THE PURPOSES SET FORTH IN THIS
SECTION.
3. THE NEW YORK DREAM FUND COMMISSION AND THE NEW YORK DREAM FUND
SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLES SIX AND SEVEN AND SECTION
SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW.
S 3. Subdivision 3 of section 661 of the education law is REPEALED.
S 4. Paragraph a of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is amended to read as
follows:
a. (I) Except as provided in subdivision two of section six hundred
seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an
A. 6006 40
applicant for an award at the undergraduate level of study must either
[(i)] (A) have been a legal resident of the state for at least one year
immediately preceding the beginning of the semester, quarter or term of
attendance for which application for assistance is made, or [(ii)] (B)
be a legal resident of the state and have been a legal resident during
his last two semesters of high school either prior to graduation, or
prior to admission to college. Provided further that persons shall be
eligible to receive awards under section six hundred sixty-eight or
section six hundred sixty-nine OF THIS PART who are currently legal
residents of the state and are otherwise qualified.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 5. Paragraph b of subdivision 5 of section 661 of the education law,
as amended by chapter 466 of the laws of 1977, is amended to read as
follows:
b. [An] (I) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, AN applicant for an award at the graduate level of study must
either [(i)] (A) have been a legal resident of the state for at least
one year immediately preceding the beginning of the semester, quarter or
term of attendance for which application for assistance is made, or
[(ii)] (B) be a legal resident of the state and have been a legal resi-
dent during his last academic year of undergraduate study and have
continued to be a legal resident until matriculation in the graduate
program.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE
PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES
CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN
APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN
AWARD AT THE UNDERGRADUATE LEVEL OF STUDY PROVIDED THAT THE STUDENT:
(A) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
A. 6006 41
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(B) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(C) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 6. Paragraph d of subdivision 5 of section 661 of the education law,
as amended by chapter 844 of the laws of 1975, is amended to read as
follows:
d. If an applicant for an award allocated on a geographic basis has
more than one residence in this state, his OR HER residence for the
purpose of this article shall be his OR HER place of actual residence
during the major part of the year while attending school, as determined
by the commissioner; AND FURTHER PROVIDED THAT AN APPLICANT WHO DOES NOT
HAVE A RESIDENCE IN THIS STATE AND IS ELIGIBLE FOR AN AWARD PURSUANT TO
SUBPARAGRAPH (II) OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF
THIS SUBDIVISION SHALL BE DEEMED TO RESIDE IN THE GEOGRAPHIC AREA OF THE
INSTITUTION OF HIGHER EDUCATION IN WHICH HE OR SHE ATTENDS FOR PURPOSES
OF AN AWARD ALLOCATED ON A GEOGRAPHIC BASIS.
S 7. Paragraph e of subdivision 5 of section 661 of the education law,
as added by chapter 630 of the laws of 2005, is amended to read as
follows:
e. Notwithstanding any other provision of this article to the contra-
ry, the New York state [residency] eligibility [requirement] REQUIRE-
MENTS for receipt of awards [is] SET FORTH IN PARAGRAPHS A AND B OF THIS
SUBDIVISION ARE waived for a member, or the spouse or dependent of a
member, of the armed forces of the United States on full-time active
duty and stationed in this state.
S 8. Paragraph h of subdivision 2 of section 355 of the education law
is amended by adding a new subparagraph 10 to read as follows:
(10) SUCH REGULATIONS SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS
NOT A LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
S 9. Subdivision 7 of section 6206 of the education law is amended by
adding a new paragraph (d) to read as follows:
(D) THE TRUSTEES SHALL FURTHER PROVIDE THAT ANY STUDENT WHO IS NOT A
LEGAL RESIDENT OF NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A
A. 6006 42
PERMANENT LAWFUL RESIDENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT
WITHOUT LAWFUL IMMIGRATION STATUS MAY HAVE THE PAYMENT OF TUITION AND
OTHER FEES AND CHARGES REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS OR
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
S 10. Section 6305 of the education law is amended by adding a new
subdivision 8-a to read as follows:
8-A. THE PAYMENT OF TUITION AND OTHER FEES AND CHARGES OF A STUDENT
WHO IS ATTENDING A COMMUNITY COLLEGE AND WHO IS NOT A LEGAL RESIDENT OF
NEW YORK STATE BUT IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESI-
DENT, A LAWFUL NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMI-
GRATION STATUS MAY BE REDUCED BY STATE-AIDED PROGRAMS, SCHOLARSHIPS AND
OTHER FINANCIAL ASSISTANCE AWARDED UNDER THE PROVISIONS OF ARTICLES
THIRTEEN, THIRTEEN-A, FOURTEEN AND FOURTEEN-A OF THIS CHAPTER, PROVIDED
THAT THE STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II)
OF PARAGRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE
OF SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE.
S 11. Paragraph d of subdivision 3 of section 6451 of the education
law, as amended by chapter 149 of the laws of 1972, is amended to read
as follows:
d. Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such enrolled students,
INCLUDING STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE
STUDENT MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARA-
GRAPH A OR SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF
SECTION SIX HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided,
however, that such supplemental financial assistance shall be furnished
pursuant to criteria promulgated by the commissioner with the approval
of the director of the budget.
S 12. Subparagraph (v) of paragraph a of subdivision 4 of section 6452
of the education law, as added by chapter 917 of the laws of 1970, is
amended to read as follows:
(v) Any necessary supplemental financial assistance, which may include
the cost of books and necessary maintenance for such students, INCLUDING
STUDENTS WITHOUT LAWFUL IMMIGRATION STATUS PROVIDED THAT THE STUDENT
MEETS THE REQUIREMENTS SET FORTH IN SUBPARAGRAPH (II) OF PARAGRAPH A OR
SUBPARAGRAPH (II) OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION SIX
HUNDRED SIXTY-ONE OF THIS CHAPTER, AS APPLICABLE; provided, however,
that such supplemental financial assistance shall be furnished pursuant
to criteria promulgated by such universities and approved by the regents
and the director of the budget.
S 13. Paragraph (a) of subdivision 2 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Undergraduate science and technology entry program moneys may
be used for tutoring, counseling, remedial and special summer courses,
supplemental financial assistance, program administration, and other
activities which the commissioner may deem appropriate. To be eligible
for undergraduate collegiate science and technology entry program
support, a student must be a resident of New York [who is], OR MEET THE
REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either
economically disadvantaged or from a minority group historically under
represented in the scientific, technical, health and health-related
A. 6006 43
professions, and [who demonstrates] MUST DEMONSTRATE interest in and a
potential for a professional career if provided special services. Eligi-
ble students must be in good academic standing, enrolled full time in an
approved, undergraduate level program of study, as defined by the
regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
WHO IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS,
SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
(1) ATTENDED A REGISTERED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE
YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL AND
APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE
UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN
FIVE YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA,
ATTENDED AN APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO OR MORE YEARS,
GRADUATED FROM AN APPROVED NEW YORK STATE HIGH SCHOOL AND APPLIED FOR
ATTENDANCE AT AN INSTITUTION OF HIGHER EDUCATION WITHIN FIVE YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 14. Paragraph (a) of subdivision 3 of section 6455 of the education
law, as added by chapter 285 of the laws of 1986, is amended to read as
follows:
(a) (I) Graduate science and technology entry program moneys may be
used for recruitment, academic enrichment, career planning, supplemental
financial assistance, review for licensing examinations, program admin-
istration, and other activities which the commissioner may deem appro-
priate. To be eligible for graduate collegiate science and technology
entry program support, a student must be a resident of New York [who
is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH,
AND MUST BE either economically disadvantaged or from a minority group
historically underrepresented in the scientific, technical and health-
related professions. Eligible students must be in good academic stand-
ing, enrolled full time in an approved graduate level program, as
defined by the regents.
(II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF NEW YORK STATE, BUT
EITHER IS A UNITED STATES CITIZEN, A PERMANENT LAWFUL RESIDENT, A LAWFUL
NON-IMMIGRANT ALIEN OR AN APPLICANT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL BE ELIGIBLE FOR AN AWARD AT THE UNDERGRADUATE LEVEL OF STUDY
PROVIDED THAT THE STUDENT:
A. 6006 44
(1) ATTENDED A REGISTERED APPROVED NEW YORK STATE HIGH SCHOOL FOR TWO
OR MORE YEARS, GRADUATED FROM A REGISTERED NEW YORK STATE HIGH SCHOOL
AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR
THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN YEARS OF
RECEIVING A NEW YORK STATE HIGH SCHOOL DIPLOMA; OR
(2) ATTENDED AN APPROVED NEW YORK STATE PROGRAM FOR A STATE HIGH
SCHOOL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY
DIPLOMA AND APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCA-
TION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT WITHIN TEN
YEARS OF RECEIVING A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA; OR
(3) IS OTHERWISE ELIGIBLE FOR THE PAYMENT OF TUITION AND FEES AT A
RATE NO GREATER THAN THAT IMPOSED FOR RESIDENT STUDENTS OF THE STATE
UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK OR COMMUNITY
COLLEGES AS PRESCRIBED IN SUBPARAGRAPH EIGHT OF PARAGRAPH H OF SUBDIVI-
SION TWO OF SECTION THREE HUNDRED FIFTY-FIVE OR PARAGRAPH (A) OF SUBDI-
VISION SEVEN OF SECTION SIXTY-TWO HUNDRED SIX OF THIS CHAPTER.
PROVIDED, FURTHER, THAT A STUDENT WITHOUT LAWFUL IMMIGRATION STATUS
SHALL ALSO BE REQUIRED TO FILE AN AFFIDAVIT WITH SUCH INSTITUTION OF
HIGHER EDUCATION STATING THAT THE STUDENT HAS FILED AN APPLICATION TO
LEGALIZE HIS OR HER IMMIGRATION STATUS, OR WILL FILE SUCH AN APPLICATION
AS SOON AS HE OR SHE IS ELIGIBLE TO DO SO.
S 15. Subparagraph (i) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
(i) the name, address and social security number [or], employer iden-
tification number, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
account owner UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN EFFECT PRIOR
TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA-
TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE
ALLOWED UPON THE EXPIRATION OF THE CONTRACT;
S 16. Subparagraph (iii) of paragraph a of subdivision 2 of section
695-e of the education law, as amended by chapter 593 of the laws of
2003, is amended to read as follows:
(iii) the name, address, and social security number, EMPLOYER IDEN-
TIFICATION NUMBER, OR INDIVIDUAL TAXPAYER IDENTIFICATION NUMBER of the
designated beneficiary, UNLESS A FAMILY TUITION ACCOUNT THAT WAS IN
EFFECT PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO
THOUSAND FIFTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A
TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION
NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and
S 17. The president of the higher education services corporation, in
consultation with the commissioner of education, shall establish an
application form and procedures that shall allow a student applicant
that meets the requirements set forth in subparagraph (ii) of paragraph
(a) or subparagraph (ii) of paragraph b of subdivision 5 of section 661
of the education law to apply directly to the higher education services
corporation or education department for applicable awards without having
to submit information to any other state or federal agency. All informa-
tion contained within the applications filed with such corporation or
department shall be deemed confidential.
S 18. This act shall take effect immediately; provided, however, that:
(a) section two of this act shall take effect January 1, 2016;
(b) sections fifteen and sixteen of this act shall take effect on the
ninetieth day after it shall have become a law; provided, however, that
any rule or regulation necessary for the timely implementation of this
A. 6006 45
act on its effective date shall be promulgated on or before such effec-
tive date; and
(c) sections three through fourteen and section seventeen of this act
shall take effect on the ninetieth day after the issuance of regulations
and the development of an application form by the president of the high-
er education services corporation and commissioner of education or on
the ninetieth day after it shall have become a law, whichever shall be
later; provided, however that effective immediately the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date is authorized and directed to
be made and completed on or before such date; provided, further, howev-
er, that the president of the higher education services corporation and
the commissioner of education shall notify the legislative bill drafting
commission upon the occurrence of the issuance of the regulations and
the development of an application form in order that the commission may
maintain an accurate and timely effective data base of the official text
of the laws of the state of New York in furtherance of effectuating the
provisions of section 44 of the legislative law and section 70-b of the
public officers law.
PART E
Intentionally Omitted
PART F
Section 1. The banking law is amended by adding a new section 9-w to
read as follows:
S 9-W. STANDARD FINANCIAL AID AWARD LETTER. THE SUPERINTENDENT OF
FINANCIAL SERVICES IN CONSULTATION WITH THE PRESIDENT OF THE HIGHER
EDUCATION SERVICES CORPORATION SHALL DEVELOP A STANDARD FINANCIAL AID
AWARD LETTER WHICH SHALL CLEARLY DELINEATE (A) THE ESTIMATED COST OF
ATTENDANCE, INCLUDING BUT NOT LIMITED TO, THE COST OF TUITION AND FEES,
ROOM AND BOARD, BOOKS, AND TRANSPORTATION. SUCH STANDARD LETTER SHALL
PROVIDE THE ESTIMATED COST OF ATTENDANCE FOR THE CURRENT ACADEMIC YEAR
AS WELL AS EACH ACADEMIC YEAR THAT THE STUDENT WOULD NEED TO ATTEND TO
EARN A DEGREE AT SUCH INSTITUTION, (B) ALL FINANCIAL AID OFFERED FROM
THE FEDERAL GOVERNMENT, THE STATE, AND THE INSTITUTION, WITH AN EXPLANA-
TION AS TO WHICH COMPONENTS WILL REQUIRE REPAYMENT, (C) ANY EXPECTED
STUDENT AND/OR FAMILY CONTRIBUTION, (D) CAMPUS-SPECIFIC GRADUATION,
MEDIAN BORROWING, AND LOAN DEFAULT RATES, AND (E) ANY OTHER INFORMATION
AS DETERMINED BY THE SUPERINTENDENT IN CONSULTATION WITH THE PRESIDENT.
SUCH STANDARD LETTER SHALL INCLUDE A GLOSSARY OF STANDARD TERMS AND
DEFINITIONS USED ON SUCH STANDARD LETTER. THE SUPERINTENDENT SHALL
PUBLISH AND MAKE AVAILABLE SUCH STANDARD LETTER BY DECEMBER
THIRTY-FIRST, TWO THOUSAND FIFTEEN AND THEREAFTER. EACH COLLEGE, VOCA-
TIONAL INSTITUTION, AND ANY OTHER INSTITUTION THAT OFFERS AN APPROVED
PROGRAM AS DEFINED IN SECTION SIX HUNDRED ONE OF THE EDUCATION LAW SHALL
UTILIZE THE STANDARD LETTER ISSUED BY THE DEPARTMENT OF FINANCIAL
SERVICES IN RESPONDING TO ALL FINANCIAL AID APPLICANTS FOR THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER. THE
SUPERINTENDENT SHALL PROMULGATE REGULATIONS IMPLEMENTING THIS SECTION.
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, 2015.
A. 6006 46
PART G
Intentionally Omitted
PART H
Intentionally Omitted
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 58 of the laws of 2014, are amended to read as
follows:
(a) in the case of each individual receiving family care, an amount
equal to at least [$139.00] $141.00 for each month beginning on or after
January first, two thousand [fourteen] FIFTEEN.
(b) in the case of each individual receiving residential care, an
amount equal to at least [$160.00] $163.00 for each month beginning on
or after January first, two thousand [fourteen] FIFTEEN.
(c) in the case of each individual receiving enhanced residential
care, an amount equal to at least [$190.00] $193.00 for each month
beginning on or after January first, two thousand [fourteen] FIFTEEN.
(d) for the period commencing January first, two thousand [fifteen]
SIXTEEN, 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 [fifteen] SIXTEEN, but prior to June thirtieth, two thousand
[fifteen] SIXTEEN, 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 58 of the laws of 2014, are amended to read as follows:
(a) On and after January first, two thousand [fourteen] FIFTEEN, for
an eligible individual living alone, [$808.00] $820.00; and for an
eligible couple living alone, [$1186.00] $1204.00.
(b) On and after January first, two thousand [fourteen] FIFTEEN, for
an eligible individual living with others with or without in-kind
income, [$744.00] $756.00; and for an eligible couple living with others
with or without in-kind income, [$1128.00] $1146.00.
(c) On and after January first, two thousand [fourteen] FIFTEEN, (i)
for an eligible individual receiving family care, [$987.48] $999.48 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, [$949.48]
$961.48; and (iv) for an eligible couple receiving such care in any
A. 6006 47
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 [fourteen] FIFTEEN, (i)
for an eligible individual receiving residential care, [$1156.00]
$1168.00 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, [$1126.00] $1138.00; 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 [fourteen] FIFTEEN,
for an eligible individual receiving enhanced residential care,
[$1415.00] $1427.00; 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 [fifteen] SIXTEEN but
prior to June thirtieth, two thousand [fifteen] SIXTEEN.
S 3. This act shall take effect December 31, 2015.
PART J
Section 1. The opening paragraph of subdivision (b) of section 117 of
the family court act, as amended by chapter 7 of the laws of 2007, is
amended to read as follows:
For every juvenile delinquency proceeding under article three OF THIS
ACT involving an allegation of an act committed by a person which, if
done by an adult, would [be a crime (i) defined in sections 125.27
(murder in the first degree); 125.25 (murder in the second degree);
135.25 (kidnapping in the first degree); or 150.20 (arson in the first
degree) of the penal law committed by a person thirteen, fourteen or
fifteen years of age; or such conduct committed as a sexually motivated
felony, where authorized pursuant to section 130.91 of the penal law;
(ii) defined in sections 120.10 (assault in the first degree); 125.20
(manslaughter in the first degree); 130.35 (rape in the first degree);
130.50 (criminal sexual act in the first degree); 135.20 (kidnapping in
the second degree), but only where the abduction involved the use or
threat of use of deadly physical force; 150.15 (arson in the second
degree); or 160.15 (robbery in the first degree) of the penal law
committed by a person thirteen, fourteen or fifteen years of age; or
such conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iii) defined in the penal
law as an attempt to commit murder in the first or second degree or
kidnapping in the first degree committed by a person thirteen, fourteen
or fifteen years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (iv) defined in section 140.30 (burglary in the first degree);
subdivision one of section 140.25 (burglary in the second degree);
subdivision two of section 160.10 (robbery in the second degree) of the
penal law; or section 265.03 of the penal law, where such machine gun or
such firearm is possessed on school grounds, as that phrase is defined
A. 6006 48
in subdivision fourteen of section 220.00 of the penal law committed by
a person fourteen or fifteen years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen or fifteen years of age but only where
there has been a prior finding by a court that such person has previous-
ly committed an act which, if committed by an adult, would be the crime
of assault in the second degree, robbery in the second degree or any
designated felony act specified in clause (i), (ii) or (iii) of this
subdivision regardless of the age of such person at the time of the
commission of the prior act; or (vi) other than a misdemeanor, committed
by a person at least seven but less than sixteen years of age, but only
where there has been two prior findings by the court that such person
has committed a prior act which, if committed by an adult would be a
felony] CONSTITUTE A DESIGNATED FELONY ACT AS DEFINED IN SUBDIVISION
EIGHT OF SECTION 301.2 OF SUCH ARTICLE:
S 2. Subdivision (a) of section 158 of the family court act is amended
to read as follows:
(a) The family court may place in protective custody a person under
[sixteen] EIGHTEEN years of age who is a material witness, as provided
by law.
S 3. Subdivision 1 of section 301.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. "Juvenile delinquent" means a person [over seven and less than
sixteen years of age, who, having committed an act that would constitute
a crime if committed by an adult, (a) is not criminally responsible for
such conduct by reason of infancy, or (b) is the defendant in an action
ordered removed from a criminal court to the family court pursuant to
article seven hundred twenty-five of the criminal procedure law]:
(A) WHO IS:
(I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI-
TUTE A CRIME AS DEFINED IN SECTION 125.25 (MURDER IN THE SECOND DEGREE)
OF THE PENAL LAW IF COMMITTED BY AN ADULT; OR
(II) AT LEAST TWELVE YEARS OF AGE AND LESS THAN EIGHTEEN YEARS OF AGE
WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN
ADULT; OR
(III) SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT
WOULD CONSTITUTE DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE
PENAL LAW, HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.26
OF THE PENAL LAW OR PARAGRAPH (A) OF SUBDIVISION 6 OF SECTION 65 OF THE
ALCOHOLIC BEVERAGE CONTROL LAW IF COMMITTED BY AN ADULT. PROVIDED,
HOWEVER, THAT WHERE SUCH PERSON HAS VIOLATED SECTION 65-B(6)(A) OF THE
ALCOHOLIC BEVERAGE CONTROL LAW, HE OR SHE SHALL ONLY BE DEEMED TO BE A
JUVENILE DELINQUENT FOR THE PURPOSES OF IMPOSING LICENSE SANCTIONS IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION 352.2 OF THIS ARTICLE; AND
(B) WHO:
(I) IS NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFAN-
CY;
(II) IS THE DEFENDANT IN AN ACTION BASED ON SUCH ACT THAT HAS BEEN
ORDERED REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED
TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW; OR
(III) COULD BE, BUT IS NOT, THE DEFENDANT IN AN ACTION AGAINST A
SIXTEEN OR SEVENTEEN YEAR OLD AUTHORIZED BY SUBDIVISION FORTY-TWO OF
SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
A. 6006 49
S 4. Subdivision 8 of section 301.2 of the family court act, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
8. "Designated felony act" means an act which, if done by an adult,
would be a crime: (i) defined in sections [125.27 (murder in the first
degree)]; 125.25 (murder in the second degree); 135.25 (kidnapping in
the first degree); or 150.20 (arson in the first degree) of the penal
law committed by a person thirteen, fourteen [or], fifteen, SIXTEEN OR
SEVENTEEN years of age; or such conduct committed as a sexually moti-
vated felony, where authorized pursuant to section 130.91 of the penal
law; (ii) defined in sections 120.10 (assault in the first degree);
125.20 (manslaughter in the first degree); 130.35 (rape in the first
degree); 130.50 (criminal sexual act in the first degree); 130.70
(aggravated sexual abuse in the first degree); 135.20 (kidnapping in the
second degree) but only where the abduction involved the use or threat
of use of deadly physical force; 150.15 (arson in the second degree) or
160.15 (robbery in the first degree) of the penal law committed by a
person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of
age; or such conduct committed as a sexually motivated felony, where
authorized pursuant to section 130.91 of the penal law; (iii) defined in
the penal law as an attempt to commit murder in the first or second
degree or kidnapping in the first degree committed by a person thirteen,
fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age; or such
conduct committed as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; (iv) defined in section
140.30 (burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); subdivision two of section 160.10
(robbery in the second degree) of the penal law; or section 265.03 of
the penal law, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of the penal law committed by a person fourteen [or]
fifteen, SIXTEEN OR SEVENTEEN years of age; or such conduct committed as
a sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (v) defined in section 120.05 (assault in the second
degree) or 160.10 (robbery in the second degree) of the penal law
committed by a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years
of age but only where there has been a prior finding by a court that
such person has previously committed an act which, if committed by an
adult, would be the crime of assault in the second degree, robbery in
the second degree or any designated felony act specified in paragraph
(i), (ii), or (iii) of this subdivision regardless of the age of such
person at the time of the commission of the prior act; [or] (vi) other
than a misdemeanor committed by a person at least [seven] TWELVE but
less than [sixteen years of age,] EIGHTEEN YEARS OF AGE, but only where
there has been two prior findings by the court that such person has
committed a prior felony; OR (VII) DEFINED IN SECTION 490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE
OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); OR
130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL LAW COMMITTED BY A PERSON
SIXTEEN OR SEVENTEEN YEARS OLD.
S 5. Section 304.1 of the family court act, as added by chapter 920 of
the laws of 1982, subdivision 2 as amended by chapter 419 of the laws of
1987, is amended to read as follows:
S 304.1. Detention. 1. A facility certified by the state [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile DETENTION
A. 6006 50
facility must be operated in conformity with the regulations of the
state [division for youth and shall be subject to the visitation and
inspection of the state board of social welfare] OFFICE OF CHILDREN AND
FAMILY SERVICES.
2. No child to whom the provisions of this article may apply shall be
detained in any prison, jail, lockup, or other place used for adults
convicted of crime or under arrest and charged with crime without the
approval of the state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each child and the statement of its reasons
therefor. The state [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES shall promulgate and publish the rules which it shall apply in
determining whether approval should be granted pursuant to this subdivi-
sion.
3. [The detention of a child under ten years of age in a secure
detention facility shall not be directed under any of the provisions of
this article.
4.] A detention facility which receives a child under subdivision four
of section 305.2 shall immediately notify the child's parent or other
person legally responsible for his OR HER care or, if such legally
responsible person is unavailable the person with whom the child
resides, that he OR SHE has been placed in detention.
S 6. Subdivision 1 of section 305.1 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
1. A private person may take a child [under the age of sixteen] WHO
MAY BE SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT
THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody in cases in
which [he] SUCH PRIVATE PERSON may arrest an adult for a crime under
section 140.30 of the criminal procedure law.
S 7. Subdivision 2 of section 305.2 of the family court act, as added
by chapter 920 of the laws of 1982, is amended to read as follows:
2. An officer may take a child [under the age of sixteen] WHO MAY BE
SUBJECT TO THE PROVISIONS OF THIS ARTICLE FOR COMMITTING AN ACT THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT into custody without a warrant
in cases in which [he] THE OFFICER may arrest a person for a crime under
article one hundred forty of the criminal procedure law.
S 8. Paragraph (b) of subdivision 4 of section 305.2 of the family
court act, as amended by chapter 492 of the laws of 1987, is amended to
read as follows:
(b) forthwith and with all reasonable speed take the child directly,
and without his first being taken to the police station house, to the
family court located in the county in which the act occasioning the
taking into custody allegedly was committed, OR, WHEN THE FAMILY COURT
IS NOT IN SESSION, TO THE MOST ACCESSIBLE MAGISTRATE, IF ANY, DESIGNATED
BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPART-
MENT TO CONDUCT A HEARING UNDER SECTION 307.4 OF THIS PART, unless the
officer determines that it is necessary to question the child, in which
case he OR SHE may take the child to a facility designated by the chief
administrator of the courts as a suitable place for the questioning of
children or, upon the consent of a parent or other person legally
responsible for the care of the child, to the child's residence and
there question him OR HER for a reasonable period of time; or
S 9. Subdivision 1 of section 306.1 of the family court act, as
amended by chapter 645 of the laws of 1996, is amended to read as
follows:
1. Following the arrest of a child alleged to be a juvenile delin-
quent, or the filing of a delinquency petition involving a child who has
A. 6006 51
not been arrested, the arresting officer or other appropriate police
officer or agency shall take or cause to be taken fingerprints of such
child if:
(a) the child is eleven years of age or older and the crime which is
the subject of the arrest or which is charged in the petition consti-
tutes a class [A or B] A-1 felony; [or]
(b) THE CHILD IS TWELVE YEARS OF AGE OR OLDER AND THE CRIME WHICH IS
THE SUBJECT OF THE ARREST OR WHICH IS CHARGED IN THE PETITION CONSTI-
TUTES A CLASS A OR B FELONY; OR
(C) the child is thirteen years of age or older and the crime which is
the subject of the arrest or which is charged in the petition consti-
tutes a class C, D or E felony.
S 10. Section 307.3 of the family court act, as added by chapter 920
of the laws of 1982, subdivisions 1 and 2 as amended by chapter 419 of
the laws of 1987, is amended to read as follows:
S 307.3. Rules of court authorizing release before filing of petition.
1. The agency responsible for operating a detention facility pursuant to
section two hundred eighteen-a of the county law, five hundred [ten-a]
THREE of the executive law or other applicable provisions of law, shall
release a child in custody before the filing of a petition to the custo-
dy of his OR HER parents or other person legally responsible for his OR
HER care, or if such legally responsible person is unavailable, to a
person with whom he OR SHE resides, when the events occasioning the
taking into custody do not appear to involve allegations that the child
committed a delinquent act.
2. When practicable such agency may release a child before the filing
of a petition to the custody of his OR HER parents or other person
legally responsible for his OR HER care, or if such legally responsible
person is unavailable, to a person with whom he OR SHE resides, when the
events occasioning the taking into custody appear to involve allegations
that the child committed a delinquent act; PROVIDED, HOWEVER, THAT SUCH
AGENCY MUST RELEASE THE CHILD IF:
(A) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
(B) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
(I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
(II) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
(C) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMITTED
ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
(I) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
(II) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(III) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT
THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT
ACT ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
A. 6006 52
(IV) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD;
3. If a child is released under this section, the child and the person
legally responsible for his OR HER care shall be issued a family court
appearance ticket in accordance with section 307.1 OF THIS PART.
4. If the agency for any reason does not release a child under this
section, such child shall be brought before the appropriate family
court, OR WHEN SUCH FAMILY COURT IS NOT IN SESSION, TO THE MOST ACCESSI-
BLE MAGISTRATE, IF ANY, DESIGNATED BY THE APPELLATE DIVISION OF THE
SUPREME COURT IN THE APPLICABLE DEPARTMENT; PROVIDED, HOWEVER, THAT IF
SUCH FAMILY COURT IS NOT IN SESSION AND IF A MAGISTRATE IS NOT AVAIL-
ABLE, SUCH YOUTH SHALL BE BROUGHT BEFORE SUCH FAMILY COURT within seven-
ty-two hours or the next day the court is in session, whichever is soon-
er. Such agency shall thereupon file an application for an order
pursuant to section 307.4 OF THIS PART and shall forthwith serve a copy
of the application upon the appropriate presentment agency. Nothing in
this subdivision shall preclude the adjustment of suitable cases pursu-
ant to section 308.1 OF THIS PART.
S 11. Section 308.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivision 2 as amended by section 3 of part V of
chapter 55 of the laws of 2012, subdivision 4 as amended by chapter 264
of the laws of 2003, subdivisions 5 and 8 as amended by chapter 398 of
the laws of 1983, and subdivision 6 as amended by chapter 663 of the
laws of 1985, is amended to read as follows:
S 308.1. [Rules of court for preliminary] PRELIMINARY procedure;
ADJUSTMENT OF CASES. 1. [Rules of court shall authorize and determine
the circumstances under which the] THE probation service may confer with
any person seeking to have a juvenile delinquency petition filed, the
potential respondent and other interested persons concerning the advis-
ability of requesting that a petition be filed IN ACCORDANCE WITH THIS
SECTION.
2. (A) Except as provided in subdivisions three [and], four, AND THIR-
TEEN of this section, the probation service [may, in accordance with
rules of court,] SHALL ATTEMPT TO adjust [suitable cases] A CASE before
a petition is filed. THE PROBATION SERVICE MUST DILIGENTLY ATTEMPT TO
ADJUST THE CASE. SUCH ATTEMPTS MAY INCLUDE THE USE OF A JUVENILE REVIEW
BOARD COMPRISED OF APPROPRIATE COMMUNITY MEMBERS TO WORK WITH THE CHILD
AND HIS OR HER FAMILY ON DEVELOPING RECOMMENDED ADJUSTMENT ACTIVITIES.
THE PROBATION SERVICE MAY STOP ATTEMPTING TO ADJUST SUCH A CASE IF IT
DETERMINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL
BENEFIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT
OR THE TIME FOR ADJUSTMENT HAS EXPIRED.
(B) The inability of the respondent or his or her family to make
restitution shall not be a factor in a decision to adjust a case or in a
recommendation to the presentment agency pursuant to subdivision six of
this section.
(C) Nothing in this section shall prohibit the probation service or
the court from directing a respondent to obtain employment and to make
restitution from the earnings from such employment. Nothing in this
section shall prohibit the probation service or the court from directing
an eligible person to complete an education reform program in accordance
with section four hundred fifty-eight-l of the social services law.
A. 6006 53
3. The probation service shall not ATTEMPT TO adjust a case in which
the child has allegedly committed a designated felony act THAT INVOLVES
ALLEGATIONS THAT THE CHILD CAUSED PHYSICAL INJURY TO A PERSON unless
[it] THE PROBATION SERVICE has received the written approval of the
court.
4. The probation service shall not ATTEMPT TO adjust a case in which
the child has allegedly committed a delinquent act which would be a
crime defined in section 120.25, (reckless endangerment in the first
degree), subdivision one of section 125.15, (manslaughter in the second
degree), subdivision one of section 130.25, (rape in the third degree),
subdivision one of section 130.40, (criminal sexual act in the third
degree), subdivision one or two of section 130.65, (sexual abuse in the
first degree), section 135.65, (coercion in the first degree), section
140.20, (burglary in the third degree), section 150.10, (arson in the
third degree), section 160.05, (robbery in the third degree), subdivi-
sion two, three or four of section 265.02, (criminal possession of a
weapon in the third degree), section 265.03, (criminal possession of a
weapon in the second degree), or section 265.04, (criminal possession of
a [dangerous] weapon in the first degree) of the penal law where the
child has previously had one or more adjustments of a case in which such
child allegedly committed an act which would be a crime specified in
this subdivision unless it has received written approval from the court
and the appropriate presentment agency.
5. The fact that a child is detained prior to the filing of a petition
shall not preclude the probation service from adjusting a case; upon
adjusting such a case the probation service shall notify the detention
facility to release the child.
6. The probation service shall not transmit or otherwise communicate
to the presentment agency any statement made by the child to a probation
officer. However, the probation service may make a recommendation
regarding adjustment of the case to the presentment agency and provide
such information, including any report made by the arresting officer and
record of previous adjustments and arrests, as it shall deem relevant.
7. No statement made to the probation service prior to the filing of a
petition may be admitted into evidence at a fact-finding hearing or, if
the proceeding is transferred to a criminal court, at any time prior to
a conviction.
8. The probation service may not prevent any person who wishes to
request that a petition be filed from having access to the appropriate
presentment agency for that purpose.
9. Efforts at adjustment [pursuant to rules of court] under this
section may not extend for a period of more than two months [without],
OR, FOR A PERIOD OF MORE THAN FOUR MONTHS IF THE PROBATION SERVICE
DETERMINES THAT ADJUSTMENT BEYOND THE FIRST TWO MONTHS IS WARRANTED
BECAUSE DOCUMENTED BARRIERS TO ADJUSTMENT EXIST OR CHANGES NEED TO BE
MADE TO THE CHILD'S SERVICES PLAN, EXCEPT UPON leave of the court, which
may extend the ADJUSTMENT period for an additional two months.
10. If a case is not adjusted by the probation service, such service
shall notify the appropriate presentment agency of that fact within
forty-eight hours or the next court day, whichever occurs later.
11. The probation service may not be authorized under this section to
compel any person to appear at any conference, produce any papers, or
visit any place.
12. The probation service shall certify to the division of criminal
justice services and to the appropriate police department or law
enforcement agency whenever it adjusts a case in which the potential
A. 6006 54
respondent's fingerprints were taken pursuant to section 306.1 OF THIS
PART in any manner other than the filing of a petition for juvenile
delinquency for an act which, if committed by an adult, would constitute
a felony, provided, however, in the case of a child [eleven or] twelve
years of age, such certification shall be made only if the act would
constitute a class A or B felony, OR, IN THE CASE OF A CHILD ELEVEN
YEARS OF AGE, SUCH CERTIFICATION SHALL BE MADE ONLY IF THE ACT WOULD
CONSTITUTE A CLASS A-1 FELONY.
13. The [provisions of this section] PROBATION SERVICE shall not
[apply] ATTEMPT TO ADJUST A CASE where the petition is an order of
removal to the family court pursuant to article seven hundred twenty-
five of the criminal procedure law UNLESS THE PROBATION SERVICE HAS
RECEIVED THE WRITTEN APPROVAL OF THE COURT.
14. PROBATION SHALL SEEK THE WRITTEN APPROVAL OF THE COURT, AND
PRESENTMENT AGENCY IF APPLICABLE, IN INSTANCES WHEN SUCH APPROVAL IS
REQUIRED PRIOR TO ADJUSTING A CASE PURSUANT TO SUBDIVISIONS THREE, FOUR
AND THIRTEEN OF THIS SECTION. IF SUCH WRITTEN APPROVAL IS GIVEN,
PROBATION SHALL ATTEMPT TO ADJUST THE CASE.
S 12. Paragraph (c) of subdivision 3 of section 311.1 of the family
court act, as added by chapter 920 of the laws of 1982, is amended to
read as follows:
(c) the fact that the respondent is a person [under sixteen years of]
OF THE NECESSARY age TO BE A JUVENILE DELINQUENT at the time of the
alleged act or acts;
S 13. Subdivision 3 of section 320.5 of the family court act is
amended by adding a new paragraph (a-1) to read as follows:
(A-1) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT
SHALL NOT DIRECT DETENTION IF:
(I) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
(II) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
(A) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
(B) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
(III) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
(A) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
(B) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(C) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
(D) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD;
A. 6006 55
S 14. Subdivision 5 of section 322.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraphs (a) and (d) as amended by
chapter 41 of the laws of 2010, is amended to read as follows:
5. (a) If the court finds that there is probable cause to believe
that the respondent committed a felony, it shall order the respondent
committed to the custody of the commissioner of mental health or the
commissioner of [mental retardation and] PERSONS WITH developmental
disabilities for an initial period not to exceed one year from the date
of such order. Such period may be extended annually upon further appli-
cation to the court by the commissioner having custody or his or her
designee. Such application must be made not more than sixty days prior
to the expiration of such period on forms that have been prescribed by
the chief administrator of the courts. At that time, the commissioner
must give written notice of the application to the respondent, the coun-
sel representing the respondent and the mental hygiene legal service if
the respondent is at a residential facility. Upon receipt of such appli-
cation, the court must conduct a hearing to determine the issue of
capacity. If, at the conclusion of a hearing conducted pursuant to this
subdivision, the court finds that the respondent is no longer incapaci-
tated, he or she shall be returned to the family court for further
proceedings pursuant to this article. If the court is satisfied that the
respondent continues to be incapacitated, the court shall authorize
continued custody of the respondent by the commissioner for a period not
to exceed one year. Such extensions shall not continue beyond a reason-
able period of time necessary to determine whether the respondent will
attain the capacity to proceed to a fact finding hearing in the foresee-
able future but in no event shall continue beyond the respondent's eigh-
teenth birthday OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE
WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTH-
DAY.
(b) If a respondent is in the custody of the commissioner upon the
respondent's eighteenth birthday, OR IF THE RESPONDENT WAS AT LEAST
SIXTEEN YEARS OF AGE WHEN THE ACT RESULTING IN THE RESPONDENT'S PLACE-
MENT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY, the
commissioner shall notify the clerk of the court that the respondent was
in his custody on such date and the court shall dismiss the petition.
(c) If the court finds that there is probable cause to believe that
the respondent has committed a designated felony act, the court shall
require that treatment be provided in a residential facility within the
appropriate office of the department of mental hygiene.
(d) The commissioner shall review the condition of the respondent
within forty-five days after the respondent is committed to the custody
of the commissioner. He or she shall make a second review within ninety
days after the respondent is committed to his or her custody. Thereaft-
er, he or she shall review the condition of the respondent every ninety
days. The respondent and the counsel for the respondent, shall be noti-
fied of any such review and afforded an opportunity to be heard. The
commissioner having custody shall apply to the court for an order
dismissing the petition whenever he or she determines that there is a
substantial probability that the respondent will continue to be incapac-
itated for the foreseeable future. At the time of such application the
commissioner must give written notice of the application to the respond-
ent, the presentment agency and the mental hygiene legal service if the
respondent is at a residential facility. Upon receipt of such applica-
tion, the court may on its own motion conduct a hearing to determine
whether there is substantial probability that the respondent will
A. 6006 56
continue to be incapacitated for the foreseeable future, and it must
conduct such hearing if a demand therefor is made by the respondent or
the mental hygiene legal service within ten days from the date that
notice of the application was given to them. The respondent may apply to
the court for an order of dismissal on the same ground.
S 15. Subdivision 1 of section 325.1 of the family court act, as
amended by chapter 398 of the laws of 1983, is amended to read as
follows:
1. At the initial appearance, if the respondent denies a charge
contained in the petition and the court determines IN ACCORDANCE WITH
THE REQUIREMENTS OF SECTION 320.5 OF THIS PART that [he] THE RESPONDENT
shall be detained for more than three days pending a fact-finding hear-
ing, the court shall schedule a probable-cause hearing to determine the
issues specified in section 325.3 OF THIS PART.
S 16. The family court act is amended by adding a new section 325.5 to
read as follows:
S 325.5. REMOVAL FOR PROCEEDINGS IN A SUPERIOR COURT; CERTAIN ALLEGED
OFFENSES BY YOUTHS AGE THIRTEEN, FOURTEEN OR FIFTEEN. 1. (A) (I)
NOTWITHSTANDING ANY INCONSISTENT PROVISION OF PART FOUR OF THIS ARTICLE,
AT ANY TIME WITHIN TEN DAYS AFTER THE INITIAL APPEARANCE WITH RESPECT TO
A JUVENILE DELINQUENCY PETITION WHICH ALLEGES CONDUCT THAT IS ALSO A
JUVENILE OFFENSE, AS DEFINED IN SUBDIVISION EIGHTEEN OF SECTION 10.00 OF
THE PENAL LAW, AND THAT IS PENDING PURSUANT TO THIS ARTICLE AGAINST A
YOUTH WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE AT THE TIME OF
SUCH ALLEGED OFFENSE, IF SUCH RESPONDENT HAS NOT ENTERED AN ADMISSION TO
ALL SUCH JUVENILE OFFENSE COUNTS PURSUANT TO SECTION 321.2 OF THIS PART
THAT HAS BEEN ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT
WAIVED A FACT-FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND
SUCH A FACT-FINDING HEARING HAS NOT OTHERWISE COMMENCED, THE APPROPRIATE
PRESENTMENT AGENCY SHALL, UPON THE WRITTEN REQUEST OF THE DISTRICT
ATTORNEY HAVING GEOGRAPHIC JURISDICTION OVER SUCH ALLEGED OFFENSE,
PROMPTLY SERVE AND FILE, IN THE FAMILY COURT IN WHICH SUCH PETITION IS
PENDING, A MOTION SEEKING TO REMOVE SUCH JUVENILE OFFENDER COUNT OR
COUNTS TO THE SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURIS-
DICTION OVER SUCH OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO
RESULT.
(II) SUCH REQUEST BY THE PRESENTMENT AGENCY MAY (IF SOUGHT IN SUCH
DISTRICT ATTORNEY'S WRITTEN REQUEST) INCLUDE A REQUEST TO REMOVE TO THE
SUPERIOR CRIMINAL COURT OTHER SPECIFIED RELATED OFFENSES OF THE TYPE
DESCRIBED IN SUBDIVISION SIX OF SECTION 200.20 OF THE CRIMINAL PROCEDURE
LAW, PROVIDED THAT THE RESPONDENT HAS NOT ENTERED AN ADMISSION TO SUCH
COUNT OR COUNTS PURSUANT TO SECTION 321.2 OF THIS PART THAT HAS BEEN
ACCEPTED PURSUANT TO SECTION 321.3 OF THIS PART, HAS NOT WAIVED A FACT-
FINDING HEARING PURSUANT TO PART FOUR OF THIS ARTICLE, AND SUCH A FACT-
FINDING HEARING HAS NOT OTHERWISE COMMENCED.
(B) (I) IN ITS MOTION, WHICH SHALL BE IN WRITING, THE PRESENTMENT
AGENCY SHALL SET FORTH THE REASONS FOR THE MOTION FOR REMOVAL, WHICH
SHALL BE STATED IN DETAIL AND NOT IN CONCLUSORY TERMS. THE WRITTEN
REQUEST OF THE DISTRICT ATTORNEY, WHICH MUST ALSO BE STATED IN DETAIL
AND NOT IN CONCLUSORY TERMS, SHALL BE APPENDED TO THE MOTION. SUCH
DISTRICT ATTORNEY, OR AN ASSISTANT DISTRICT ATTORNEY ACTING ON BEHALF OF
SUCH DISTRICT ATTORNEY, MAY ALSO SERVE AND FILE AN AFFIRMATION IN THE
NATURE OF AN AMICUS CURIAE IN THE FAMILY COURT IN SUPPORT OF SUCH
MOTION.
(II) THE COURT MAY GRANT A HEARING ON THE MOTION AT THE REQUEST OF ANY
PARTY. THE PRESENTMENT AGENCY SHALL HAVE THE BURDEN TO SHOW: (A) AGGRA-
A. 6006 57
VATING CIRCUMSTANCES THAT BEAR DIRECTLY ON THE MANNER IN WHICH SUCH
CRIME OR CRIMES WERE COMMITTED; AND (B) IF THE RESPONDENT WAS NOT THE
SOLE PARTICIPANT IN SUCH CRIME OR CRIMES, THAT THE RESPONDENT PLAYED A
MAJOR ROLE OR WAS THE DOMINANT PARTICIPANT IN SUCH CRIMES. IF SUCH
BURDEN IS MET, THE COURT MAY GRANT REMOVAL ONLY IF, AFTER CONSIDERING
THE FACTORS SET FORTH IN SUBDIVISION TWO OF SECTION 210.43 OF THE CRIMI-
NAL PROCEDURE LAW, IT DETERMINES THAT REMOVAL TO A SUPERIOR COURT IS
NECESSARY TO ACCOMPLISH THE PURPOSES SET FORTH IN SECTION 1.05 OF THE
PENAL LAW AND ASSURE A JUST AND FAIR RESULT.
2. (A) IF THE COURT ORDERS REMOVAL OF ALL OR A PORTION OF THE ACTION
TO A SUPERIOR CRIMINAL COURT PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, IT SHALL STATE ON THE RECORD THE FACTORS UPON WHICH ITS DETER-
MINATION IS BASED, AND SHALL GIVE ITS REASONS FOR REMOVAL IN DETAIL AND
NOT IN CONCLUSORY TERMS.
(B) WHERE A MOTION FOR REMOVAL PURSUANT TO SUBDIVISION ONE OF THIS
SECTION HAS BEEN DENIED, NO FURTHER MOTION PURSUANT TO THIS SECTION MAY
BE MADE BY THE PRESENTMENT AGENCY WITH RESPECT TO THE SAME OFFENSE OR
OFFENSES.
3. (A) WHERE AN ORDER OF REMOVAL HAS BEEN GRANTED PURSUANT TO THIS
SECTION, AND THE RESPONDENT IS IN DETENTION PURSUANT TO SECTION 320.5 OF
THIS PART, THE ORDER OF REMOVAL TO THE SUPERIOR CRIMINAL COURT MUST
PROVIDE THAT THE POLICE OFFICER OR PEACE OFFICER WHO MADE THE ARREST OR
SOME OTHER PROPER OFFICER FORTHWITH AND WITH ALL REASONABLE SPEED TAKE
THE JUVENILE TO THE DESIGNATED SUPERIOR COURT. THE ORDER OF REMOVAL MUST
SPECIFY A DATE CERTAIN WITHIN TEN DAYS FROM THE DATE OF THE ORDER OF
REMOVAL FOR THE RESPONDENT'S APPEARANCE IN SUCH SUPERIOR COURT PROVIDED,
HOWEVER, THAT WHERE THE RESPONDENT IS IN DETENTION OR IN THE CUSTODY OF
THE SHERIFF THAT DATE MUST BE NOT LATER THAN THE NEXT DAY THE SUPERIOR
COURT IS IN SESSION.
(B) THE ORDER OF REMOVAL MUST DIRECT THAT ALL OF THE PLEADINGS AND
PROCEEDINGS IN THE ACTION, OR A CERTIFIED COPY OF SAME BE TRANSFERRED TO
THE DESIGNATED SUPERIOR COURT AND BE DELIVERED TO AND FILED WITH THE
CLERK OF THAT COURT. FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
"PLEADINGS AND PROCEEDINGS" INCLUDES THE MINUTES OF ANY HEARING, INQUIRY
OR TRIAL HELD IN THE ACTION AND THE MINUTES OF ANY PLEA ACCEPTED AND
ENTERED.
(C) THE ORDER OF REMOVAL MUST BE SIGNED BY THE JUDGE OF THE FAMILY
COURT WHO DIRECTED THE REMOVAL.
S 17. Subdivisions 1 and 2 of section 340.2 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
1. [The] EXCEPT WHEN AUTHORIZED IN ACCORDANCE WITH SECTION 346.1 OF
THIS PART INVOLVING A CASE REMOVED TO FAMILY COURT PURSUANT TO ARTICLE
SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW, THE judge who
presides at the commencement of the fact-finding hearing shall continue
to preside until such hearing is concluded and an order entered pursuant
to section 345.1 OF THIS PART unless a mistrial is declared.
2. The judge who presides at the fact-finding hearing or accepts an
admission pursuant to section 321.3 OF THIS ARTICLE shall preside at any
other subsequent hearing in the proceeding, including but not limited to
the dispositional hearing EXCEPT WHERE THE CASE IS REMOVED TO FAMILY
COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL
PROCEDURE LAW AFTER A FACT-FINDING HEARING HAS OCCURRED.
S 18. Subdivision 2 of section 351.1 of the family court act, as
amended by chapter 880 of the laws of 1985, is amended to read as
follows:
A. 6006 58
2. Following a determination that a respondent committed a crime and
prior to the dispositional hearing, the court shall order a probation
investigation, A RISK AND NEEDS ASSESSMENT, and may order a diagnostic
assessment. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPART-
MENT SHALL RECOMMEND TO THE COURT THAT THE RESPONDENT PARTICIPATE IN ANY
SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND ADDRESS INDIVIDUAL
NEEDS.
S 19. Paragraph (a) of subdivision 2 of section 352.2 of the family
court act, as amended by chapter 880 of the laws of 1985, is amended to
read as follows:
(a) In determining an appropriate order the court shall consider the
needs and best interests of the respondent as well as the need for
protection of the community. If the respondent has committed a desig-
nated felony act the court shall determine the appropriate disposition
in accord with section 353.5. In all other cases the court shall order
the least restrictive available alternative enumerated in subdivision
one OF THIS SECTION which is consistent with the needs and best inter-
ests of the respondent and the need for protection of the community;
PROVIDED, HOWEVER, THAT THE COURT SHALL NOT DIRECT THE PLACEMENT OF A
RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHIL-
DREN AND FAMILY SERVICES IF:
(I) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMIT-
TED BY AN ADULT; OR
(II) SUCH EVENTS APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD
COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE
THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF:
(A) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
AND
(B) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD; OR
(III) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT-
TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF:
(A) THE ALLEGED ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED
IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON;
(B) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT
WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT;
(C) THE CHILD HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT
WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT
ALSO DID NOT RESULT IN ANY PHYSICAL INJURY TO ANOTHER PERSON; AND
(D) THE CHILD WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION
RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES UNLESS THE AGENCY DETERMINES THAT DETENTION IS NECESSARY
BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY
AND STATES THE REASONS FOR SUCH DETERMINATION IN THE CHILD'S RECORD.
S 20. Section 352.2 of the family court act is amended by adding a new
subdivision 4 to read as follows:
4. WHERE A YOUTH RECEIVES A JUVENILE DELINQUENCY ADJUDICATION FOR
CONDUCT COMMITTED WHEN THE YOUTH WAS AGE SIXTEEN OR OLDER THAT WOULD
CONSTITUTE A CRIME UNDER THE VEHICLE AND TRAFFIC LAW, THE COURT SHALL
NOTIFY THE COMMISSIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A
YOUTH RECEIVES A JUVENILE DELINQUENCY ADJUDICATION FOR CONDUCT THAT
A. 6006 59
WOULD CONSTITUTE A VIOLATION OF ANY OTHER PROVISION OF LAW WHICH ALLOWS
FOR THE IMPOSITION OF A LICENSE AND REGISTRATION SANCTION, THE COURT
SHALL NOTIFY THE COMMISSIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION.
THE COURT SHALL HAVE THE POWER TO IMPOSE ANY SUSPENSION OR REVOCATION OF
DRIVING PRIVILEGES, IGNITION INTERLOCK DEVICES, ANY DRUG OR ALCOHOL
REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER RESPONSIBILITY
ASSESSMENT, VICTIM ASSISTANCE FEE, AND SURCHARGE AS IS OTHERWISE
REQUIRED UPON A CONVICTION OF A CRIME UNDER THE VEHICLE AND TRAFFIC LAW,
OR AN OFFENSE FOR WHICH A LICENSE SANCTION IS REQUIRED, AND, FURTHER,
SHALL NOTIFY THE COMMISSIONER OF MOTOR VEHICLES OF SAID SUSPENSION OR
REVOCATION.
S 21. Paragraph (a) of subdivision 1 and paragraphs (f) and (h) of
subdivision 2 of section 353.2 of the family court act, paragraph (a) of
subdivision 1 as added by chapter 920 of the laws of 1982, paragraphs
(f) and (h) of subdivision 2 as amended by chapter 124 of the laws of
1993, are amended to read as follows:
(a) placement of respondent is not or may not be necessary OR ALLOW-
ABLE;
(f) make restitution or perform services for the public good pursuant
to section 353.6, provided the respondent is over [ten] TWELVE years of
age;
(h) comply with such other reasonable conditions as the court shall
determine to be necessary or appropriate to ameliorate the conduct which
gave rise to the filing of the petition or to prevent placement with the
commissioner of social services or the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES.
S 22. Subdivision 3 of section 353.2 of the family court act, as added
by chapter 920 of the laws of 1982, paragraph (f) as amended by chapter
465 of the laws of 1992, is amended to read as follows:
3. When ordering a period of probation, the court may, as a condition
of such order, further require that the respondent:
(a) meet with a probation officer when directed to do so by that offi-
cer and permit the officer to visit the respondent at home or elsewhere;
(b) permit the probation officer to obtain information from any person
or agency from whom respondent is receiving or was directed to receive
diagnosis, treatment or counseling;
(c) permit the probation officer to obtain information from the
respondent's school;
(d) co-operate with the probation officer in seeking to obtain and in
accepting employment, and supply records and reports of earnings to the
officer when requested to do so; AND
(e) obtain permission from the probation officer for any absence from
respondent's residence in excess of two weeks[; and
(f) with the consent of the division for youth, spend a specified
portion of the probation period, not exceeding one year, in a non-secure
facility provided by the division for youth pursuant to article nine-
teen-G of the executive law].
S 23. Subparagraph (iii) of paragraph (a) and paragraph (d) of subdi-
vision 4 of section 353.5 of the family court act, as amended by section
6 of subpart A of part G of chapter 57 of the laws of 2012, is amended
to read as follows:
(iii) after the period set under subparagraph (ii) of this paragraph,
the respondent shall be placed in a residential facility for a period of
twelve months; provided, however, that if the respondent has been placed
from a family court in a social services district operating an approved
juvenile justice services close to home initiative pursuant to section
A. 6006 60
four hundred four of the social services law FOR AN ACT COMMITTED WHEN
THE RESPONDENT WAS UNDER SIXTEEN YEARS OF AGE, once the time frames in
subparagraph (ii) of this paragraph are met:
(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the office of children and
family services, or, if applicable, a social services district operating
an approved juvenile justice services close to home initiative pursuant
to section four hundred four of the social services law, after a dispo-
sitional hearing, for an additional period not to exceed twelve months,
but no initial placement or extension of placement under this section
may continue beyond the respondent's twenty-first birthday, OR, FOR AN
ACT THAT WAS COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR
OLDER, THE RESPONDENT'S TWENTY-THIRD BIRTHDAY.
S 24. Paragraph (e) of subdivision 2 of section 353.2 of the family
court act, as amended by chapter 124 of the laws of 1993, is amended to
read as follows:
(e) co-operate with a mental health, social services or other appro-
priate community facility or agency to which the respondent is referred,
INCLUDING A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE
SIX OF THE SOCIAL SERVICES LAW;
S 25. Paragraph (d) of subdivision 4 of section 353.5 of the family
court act, as amended by chapter 398 of the laws of 1983, is amended to
read as follows:
(d) Upon the expiration of the initial period of placement, or any
extension thereof, the placement may be extended in accordance with
section 355.3 on a petition of any party or the [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES after a dispositional hearing,
for an additional period not to exceed twelve months, but no initial
placement or extension of placement under this section may continue
beyond the respondent's twenty-first birthday, OR, FOR AN ACT THAT WAS
COMMITTED WHEN THE RESPONDENT WAS SIXTEEN YEARS OF AGE OR OLDER, THE
RESPONDENT'S TWENTY-THIRD BIRTHDAY.
S 26. The opening paragraph of subdivision 1 of section 353.6 of the
family court act, as amended by chapter 877 of the laws of 1983, is
amended to read as follows:
At the conclusion of the dispositional hearing in cases involving
respondents over [ten] TWELVE years of age the court may:
S 27. Section 354.1 of the family court act, as added by chapter 920
of the laws of 1982, subdivisions 2, 6, and 7 as amended by chapter 645
of the laws of 1996, subdivisions 4 and 5 as amended by chapter 398 of
the laws of 1983, is amended to read as follows:
S 354.1. Retention and destruction of fingerprints of persons alleged
to be juvenile delinquents. 1. If a person whose fingerprints, palm-
prints or photographs were taken pursuant to section 306.1 or was
initially fingerprinted as a juvenile offender and the action is subse-
quently removed to a family court pursuant to article seven hundred
twenty-five of the criminal procedure law is adjudicated to be a juve-
nile delinquent for a felony, the family court shall forward or cause to
be forwarded to the division of criminal justice services notification
of such adjudication and such related information as may be required by
such division, provided, however, in the case of a person eleven [or
twelve] years of age such notification shall be provided only if the act
upon which the adjudication is based would constitute a class [A or B]
A-1 felony OR, IN THE CASE OF A PERSON TWELVE YEARS OF AGE, SUCH NOTIFI-
A. 6006 61
CATION SHALL BE PROVIDED ONLY IF THE ACT UPON WHICH THE ADJUDICATION IS
BASED WOULD CONSTITUTE A CLASS A OR B FELONY.
2. If a person whose fingerprints, palmprints or photographs were
taken pursuant to section 306.1 or was initially fingerprinted as a
juvenile offender and the action is subsequently removed to family court
pursuant to article seven hundred twenty-five of the criminal procedure
law has had all petitions disposed of by the family court in any manner
other than an adjudication of juvenile delinquency for a felony, but in
the case of acts committed when such person was eleven [or twelve] years
of age which would constitute a class [A or B] A-1 felony only, OR, IN
THE CASE OF ACTS COMMITTED WHEN SUCH PERSON WAS TWELVE YEARS OF AGE
WHICH WOULD CONSTITUTE A CLASS A OR B FELONY ONLY, all such finger-
prints, palmprints, photographs, and copies thereof, and all information
relating to such allegations obtained by the division of criminal
justice services pursuant to section 306.1 shall be destroyed forthwith.
The clerk of the court shall notify the commissioner of the division of
criminal justice services and the heads of all police departments and
law enforcement agencies having copies of such records, who shall
destroy such records without unnecessary delay.
3. If the appropriate presentment agency does not originate a proceed-
ing under section 310.1 for a case in which the potential respondent's
fingerprints were taken pursuant to section 306.1, the presentment agen-
cy shall serve a certification of such action upon the division of crim-
inal justice services, and upon the appropriate police department or law
enforcement agency.
4. If, following the taking into custody of a person alleged to be a
juvenile delinquent and the taking and forwarding to the division of
criminal justice services of such person's fingerprints but prior to
referral to the probation department or to the family court, an officer
or agency, elects not to proceed further, such officer or agency shall
serve a certification of such election upon the division of criminal
justice services.
5. Upon certification pursuant to subdivision twelve of section 308.1
or subdivision three or four of this section, the department or agency
shall destroy forthwith all fingerprints, palmprints, photographs, and
copies thereof, and all other information obtained in the case pursuant
to section 306.1. Upon receipt of such certification, the division of
criminal justice services and all police departments and law enforcement
agencies having copies of such records shall destroy them.
6. If a person fingerprinted pursuant to section 306.1 and subsequent-
ly adjudicated a juvenile delinquent for a felony, but in the case of
acts committed when such a person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, is subsequently convicted of a
crime, all fingerprints and related information obtained by the division
of criminal justice services pursuant to such section and not destroyed
pursuant to subdivisions two, five and seven or subdivision twelve of
section 308.1 shall become part of such division's permanent adult crim-
inal record for that person, notwithstanding section 381.2 or 381.3.
7. When a person fingerprinted pursuant to section 306.1 and subse-
quently adjudicated a juvenile delinquent for a felony, but in the case
of acts committed when such person was eleven [or twelve] years of age
which would constitute a class [A or B] A-1 felony only, OR, IN THE CASE
OF ACTS COMMITTED WHEN SUCH A PERSON WAS TWELVE YEARS OF AGE WHICH WOULD
CONSTITUTE A CLASS A OR B FELONY ONLY, reaches the age of twenty-one, or
A. 6006 62
has been discharged from placement under this act for at least three
years, whichever occurs later, and has no criminal convictions or pend-
ing criminal actions which ultimately terminate in a criminal
conviction, all fingerprints, palmprints, photographs, and related
information and copies thereof obtained pursuant to section 306.1 in the
possession of the division of criminal justice services, any police
department, law enforcement agency or any other agency shall be
destroyed forthwith. The division of criminal justice services shall
notify the agency or agencies which forwarded fingerprints to such divi-
sion pursuant to section 306.1 of their obligation to destroy those
records in their possession. In the case of a pending criminal action
which does not terminate in a criminal conviction, such records shall be
destroyed forthwith upon such determination.
S 28. Subdivisions 1 and 6 of section 355.3 of the family court act,
subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision
6 as amended by chapter 663 of the laws of 1985, are amended to read as
follows:
1. In any case in which the respondent has been placed pursuant to
section 353.3 the respondent, the person with whom the respondent has
been placed, the commissioner of social services, or the [division for
youth] OFFICE OF CHILDREN AND FAMILY SERVICES may petition the court to
extend such placement. Such petition shall be filed at least sixty days
prior to the expiration of the period of placement, except for good
cause shown but in no event shall such petition be filed after the
original expiration date.
6. Successive extensions of placement under this section may be grant-
ed, but no placement may be made or continued beyond the respondent's
eighteenth birthday without the child's consent FOR ACTS COMMITTED
BEFORE THE RESPONDENT'S SIXTEENTH BIRTHDAY and in no event past the
child's twenty-first birthday EXCEPT AS PROVIDED FOR IN SUBDIVISION FOUR
OF SECTION 353.5.
S 29. Subdivision 5 of section 355.4 of the family court act, as added
by chapter 479 of the laws of 1992, is amended to read as follows:
5. Nothing in this section shall: REQUIRE THAT CONSENT BE OBTAINED
FROM THE YOUTH'S PARENT OR LEGAL GUARDIAN TO ANY MEDICAL, DENTAL, OR
MENTAL HEALTH SERVICE AND TREATMENT WHEN NO CONSENT IS NECESSARY OR THE
YOUTH IS AUTHORIZED BY LAW TO CONSENT ON HIS OR HER OWN BEHALF; preclude
a youth from consenting on his or her own behalf to any medical, dental
or mental health service and treatment where otherwise authorized by law
to do so[, or the division for youth]; OR PRECLUDE THE OFFICER OF CHIL-
DREN AND FAMILY SERVICES OR A SOCIAL SERVICES DISTRICT from petitioning
the court pursuant to section two hundred thirty-three of this act, as
appropriate.
S 30. Paragraph (b) of subdivision 3 of section 355.5 of the family
court act, as amended by chapter 145 of the laws of 2000, is amended to
read as follows:
(b) subsequent permanency hearings shall be held no later than every
twelve months following the respondent's initial twelve months in place-
ment BUT IN NO EVENT PAST THE RESPONDENT'S TWENTY-FIRST BIRTHDAY;
provided, however, that they shall be held in conjunction with an exten-
sion of placement hearing held pursuant to section 355.3 of this [arti-
cle] PART.
S 31. Subdivisions 2 and 6 of section 360.3 of the family court act,
as added by chapter 920 of the laws of 1982, are amended to read as
follows:
A. 6006 63
2. At the time of his first appearance following the filing of a peti-
tion of violation the court must: (a) advise the respondent of the
contents of the petition and furnish him with a copy thereof; (b) deter-
mine whether the respondent should be released or detained pursuant to
section 320.5, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE A
RESPONDENT TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD NOT
CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES
(I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFE-
TY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS; and (c) ask the respondent whether he wishes to make any state-
ment with respect to the violation. If the respondent makes a statement,
the court may accept it and base its decision thereon; the provisions of
subdivision two of section 321.3 shall apply in determining whether a
statement should be accepted. If the court does not accept such state-
ment or if the respondent does not make a statement, the court shall
proceed with the hearing. Upon request, the court shall grant a reason-
able adjournment to the respondent to enable him to prepare for the
hearing.
6. At the conclusion of the hearing the court may revoke, continue or
modify the order of probation or conditional discharge. If the court
revokes the order, it shall order a different disposition pursuant to
section 352.2, PROVIDED, HOWEVER, THAT NOTHING HEREIN SHALL AUTHORIZE
THE PLACEMENT OF A RESPONDENT FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
RESPONDENT IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAVE BEEN EXHAUSTED WITHOUT
SUCCESS. If the court continues the order of probation or conditional
discharge, it shall dismiss the petition of violation.
S 32. Subdivisions (d) and (i) of section 712 of the family court act,
subdivision (d) as amended by chapter 920 of the laws of 1982, and
subdivision (i) as amended by chapter 38 of the laws of 2014, are
amended and two new subdivisions (d-1) and (n) are added to read as
follows:
(d) "Non-secure detention facility". [A facility characterized by the
absence of physically restricting construction, hardware and proce-
dures.] A FOSTER CARE PROGRAM CERTIFIED BY THE OFFICE OF CHILDREN AND
FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY BOARDING HOME, OR IN A
CITY HAVING A POPULATION OF FIVE MILLION OR MORE, A FOSTER CARE FACILITY
ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL SERVICES LAW.
(D-1) "DETENTION FACILITY". A FOSTER CARE PROGRAM CERTIFIED BY THE
OFFICE OF CHILDREN AND FAMILY SERVICES OR A CERTIFIED OR APPROVED FAMILY
BOARDING HOME, OR IN A CITY HAVING A POPULATION OF FIVE MILLION OR MORE,
A FOSTER CARE FACILITY ESTABLISHED AND MAINTAINED PURSUANT TO THE SOCIAL
SERVICES LAW.
(i) "Diversion services". Services provided to children and families
pursuant to section seven hundred thirty-five of this article for the
purpose of avoiding the need to file a petition or direct the detention
of the child. Diversion services shall include: efforts to adjust cases
pursuant to this article before a petition is filed, or by order of the
court, [after the petition is filed but before fact-finding is
A. 6006 64
commenced;] AT ANY TIME; and preventive services provided in accordance
with section four hundred nine-a of the social services law to avert the
placement of the child into foster care, including crisis intervention
and respite services. Diversion services may also include, in cases
where any person is seeking to file a petition that alleges that the
child has a substance use disorder or is in need of immediate detoxifi-
cation or substance use disorder services, an assessment for substance
use disorder; provided, however, that notwithstanding any other
provision of law to the contrary, the designated lead agency shall not
be required to pay for all or any portion of the costs of such assess-
ment or substance use disorder or detoxification services, except in
cases where medical assistance for needy persons may be used to pay for
all or any portion of the costs of such assessment or services.
(N) "FAMILY SUPPORT CENTER". A PROGRAM ESTABLISHED PURSUANT TO TITLE
TWELVE ARTICLE SIX OF THE SOCIAL SERVICES LAW.
S 33. Section 720 of the family court act, as amended by chapter 419
of the laws of 1987, subdivision 3 as amended by section 9 of subpart B
of part Q of chapter 58 of the laws of 2011, subdivision 5 as amended by
section 3 of part E of chapter 57 of the laws of 2005, and paragraph (c)
of subdivision 5 as added by section 8 of part G of chapter 58 of the
laws of 2010, is added to read as follows:
S 720. Detention. 1. No child to whom the provisions of this article
may apply, shall be detained in any prison, jail, lockup, or other place
used for adults convicted of crime or under arrest and charged with a
crime.
2. The detention of a child in a secure detention facility shall not
be directed under any of the provisions of this article.
3. Detention of a person alleged to be or adjudicated as a person in
need of supervision shall, except as provided in subdivision four of
this section, be authorized only in a foster care program certified by
the office of children and family services, or a certified or approved
family boarding home[, or a non-secure detention facility certified by
the office] and in accordance with section seven hundred thirty-nine of
this article. The setting of the detention shall take into account (a)
the proximity to the community in which the person alleged to be or
adjudicated as a person in need of supervision lives with such person's
parents or to which such person will be discharged, and (b) the existing
educational setting of such person and the proximity of such setting to
the location of the detention setting.
4. Whenever detention is authorized and ordered pursuant to this arti-
cle, for a person alleged to be or adjudicated as a person in need of
supervision, a family court in a city having a population of one million
or more shall, notwithstanding any other provision of law, direct
detention in a foster care facility established and maintained pursuant
to the social services law. In all other respects, the detention of such
a person in a foster care facility shall be subject to the identical
terms and conditions for detention as are set forth in this article and
in section two hundred thirty-five of this act.
5. (a) The court shall not order or direct detention under this arti-
cle, unless the court determines that there is no substantial likelihood
that the youth and his or her family will continue to benefit from
diversion services, AND THAT CONTINUATION IN THE HOME WOULD NOT BE
APPROPRIATE BECAUSE SUCH CONTINUATION WOULD (I) CONTINUE OR WORSEN THE
CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR THAT CREATED THE
NEED FOR A PETITION TO BE SOUGHT OR (II) CREATE A SAFETY RISK TO THE
A. 6006 65
CHILD OR THE CHILD'S FAMILY and that all OTHER available alternatives to
detention have been exhausted; and
(b) [Where the youth is sixteen years of age or older, the court shall
not order or direct detention under this article, unless the court
determines and states in its order that special circumstances exist to
warrant such detention.
(c)] If the respondent may be a sexually exploited child as defined in
subdivision one of section four hundred forty-seven-a of the social
services law, the court may direct the respondent to an available short-
term safe house as defined in subdivision two of section four hundred
forty-seven-a of the social services law as an alternative to detention.
S 34. Section 728 of the family court act, subdivision (a) as amended
by chapter 41 of the laws of 2010, subdivision (b) as amended by chapter
419 of the laws of 1987, subdivision (d) as added by chapter 145 of the
laws of 2000, paragraph (i) as added and paragraph (ii) of subdivision
(d) as renumbered by section 5 of part E of chapter 57 of the laws of
2005, and paragraph (iii) as amended and paragraph (iv) of subdivision
(d) as added by section 10 of subpart B of part Q of chapter 58 of the
laws of 2011, is amended to read as follows:
S 728. Discharge, release or detention by judge after hearing and
before filing of petition in custody cases. (a) If a child in custody
is brought before a judge of the family court before a petition is
filed, the judge shall hold a hearing for the purpose of making a
preliminary determination of whether the court appears to have jurisdic-
tion over the child. At the commencement of the hearing, the judge shall
advise the child of his or her right to remain silent, his or her right
to be represented by counsel of his or her own choosing, and of the
right to have an attorney assigned in accord with part four of article
two of this act. The judge must also allow the child a reasonable time
to send for his or her parents or other person or persons legally
responsible for his or her care, and for counsel, and adjourn the hear-
ing for that purpose.
(b) After hearing, the judge shall order the release of the child to
the custody of his parent or other person legally responsible for his
care if the court does not appear to have jurisdiction.
(c) An order of release under this section may, but need not, be
conditioned upon the giving of a recognizance in accord with [sections]
PARAGRAPH (I) OF SUBDIVISION (B) OF SECTION seven hundred twenty-four
[(b) (i)] OF THIS PART.
(d) Upon a finding of facts and reasons which support a detention
order pursuant to this section, the court shall also determine and state
in any order directing detention:
(i) that there is no substantial likelihood that the youth and his or
her family will continue to benefit from diversion services, THAT
CONTINUATION IN THE HOME WOULD NOT BE APPROPRIATE BECAUSE SUCH CONTINUA-
TION WOULD (I) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE
UNDERLYING PETITION, OR THAT CREATED THE NEED FOR A PETITION TO BE
SOUGHT OR (II) CREATE A SAFETY RISK TO THE CHILD OR CHILD'S FAMILY and
that all OTHER available alternatives to detention have been exhausted;
and
(ii) whether continuation of the child in the child's home would be
contrary to the best interests of the child based upon, and limited to,
the facts and circumstances available to the court at the time of the
hearing held in accordance with this section; and
(iii) where appropriate, whether reasonable efforts were made prior to
the date of the court hearing that resulted in the detention order, to
A. 6006 66
prevent or eliminate the need for removal of the child from his or her
home or, if the child had been removed from his or her home prior to the
court appearance pursuant to this section, where appropriate, whether
reasonable efforts were made to make it possible for the child to safely
return home; and
(iv) whether the setting of the detention takes into account the prox-
imity to the community in which the person alleged to be or adjudicated
as a person in need of supervision lives with such person's parents or
to which such person will be discharged, and the existing educational
setting of such person and the proximity of such setting to the location
of the detention setting.
S 35. Section 735 of the family court act, as added by section 7 of
part E of chapter 57 of the laws of 2005, subdivision (b) as amended by
chapter 38 of the laws of 2014, and paragraph (i) of subdivision (d) as
amended by chapter 535 of the laws of 2011, is amended to read as
follows:
S 735. Preliminary procedure; diversion services. (a) Each county and
any city having a population of one million or more shall offer diver-
sion services as defined in section seven hundred twelve of this article
to youth who are at risk of being the subject of a person in need of
supervision petition. Such services shall be designed to provide an
immediate response to families in crisis, to identify and utilize appro-
priate alternatives to detention and to divert youth from being the
subject of a petition in family court. Each county and such city shall
designate either the local social services district or the probation
department as lead agency for the purposes of providing diversion
services.
(b) The designated lead agency shall:
(i) confer with any person seeking to file a petition, the youth who
may be a potential respondent, his or her family, and other interested
persons, concerning the provision of diversion services before any peti-
tion may be filed; and
(ii) diligently attempt to prevent the filing of a petition under this
article or, after the petition is filed, to prevent the placement of the
youth into foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED
FIFTY-SIX OF THIS ARTICLE; and
(iii) assess whether the youth would benefit from residential respite
services; and
(iv) ASSESS WHETHER THE YOUTH IS A SEXUALLY EXPLOITED CHILD AS DEFINED
IN SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW AND, IF
SO, WHETHER SUCH YOUTH SHOULD BE REFERRED TO A SAFE HOUSE; AND
(V) determine whether alternatives to detention are appropriate to
avoid remand of the youth to detention;
(VI) DETERMINE WHETHER THE YOUTH AND HIS OR HER FAMILY SHOULD BE
REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER;
(VII) ASSESS WHETHER REMAINING IN THE HOME WOULD CAUSE THE CONTINUA-
TION OR WORSENING OF THE CIRCUMSTANCES THAT CREATED THE NEED FOR A PETI-
TION TO BE SOUGHT, OR CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S
FAMILY; and
[(v)] (VIII) determine whether an assessment of the youth for
substance use disorder by an office of alcoholism and substance abuse
services certified provider is necessary when a person seeking to file a
petition alleges in such petition that the youth is suffering from a
substance use disorder which could make the youth a danger to himself or
herself or others. Provided, however, that notwithstanding any other
provision of law to the contrary, the designated lead agency shall not
A. 6006 67
be required to pay for all or any portion of the costs of such assess-
ment or for any substance use disorder or detoxification services,
except in cases where medical assistance for needy persons may be used
to pay for all or any portion of the costs of such assessment or
services. The office of alcoholism and substance abuse services shall
make a list of its certified providers available to the designated lead
agency.
(c) Any person or agency seeking to file a petition pursuant to this
article which does not have attached thereto the documentation required
by subdivision (g) of this section shall be referred by the clerk of the
court to the designated lead agency which shall schedule and hold, on
reasonable notice to the potential petitioner, the youth and his or her
parent or other person legally responsible for his or her care, at least
one conference in order to determine the factual circumstances and
determine whether the youth and his or her family should receive diver-
sion services pursuant to this section. Diversion services shall include
clearly documented diligent attempts to provide appropriate services to
the youth and his or her family unless it is determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further diversion attempts. Notwithstanding the provisions of
section two hundred sixteen-c of this act, the clerk shall not accept
for filing under this part any petition that does not have attached
thereto the documentation required by subdivision (g) of this section.
(d) Diversion services shall include documented diligent attempts to
engage the youth and his or her family in appropriately targeted commu-
nity-based services, but shall not be limited to:
(i) providing, at the first contact, information on the availability
of or a referral to services in the geographic area where the youth and
his or her family are located that may be of benefit in avoiding the
need to file a petition under this article; including the availability,
for up to twenty-one days, of a residential respite program, if the
youth and his or her parent or other person legally responsible for his
or her care agree, and the availability of other non-residential crisis
intervention programs such as A FAMILY SUPPORT CENTER, family crisis
counseling or alternative dispute resolution programs or an educational
program as defined in section four hundred fifty-eight-l of the social
services law.
(ii) scheduling and holding at least one conference with the youth and
his or her family and the person or representatives of the entity seek-
ing to file a petition under this article concerning alternatives to
filing a petition and services that are available. Diversion services
shall include clearly documented diligent attempts to provide appropri-
ate services to the youth and his or her family before it may be deter-
mined that there is no substantial likelihood that the youth and his or
her family will benefit from further attempts.
(iii) where the entity seeking to file a petition is a school district
or local educational agency, the designated lead agency shall review the
steps taken by the school district or local educational agency to
improve the youth's attendance and/or conduct in school and attempt to
engage the school district or local educational agency in further diver-
sion attempts, if it appears from review that such attempts will be
beneficial to the youth.
(e) The designated lead agency shall maintain a written record with
respect to each youth and his or her family for whom it considers
providing or provides diversion services pursuant to this section. The
record shall be made available to the court at or prior to the initial
A. 6006 68
appearance of the youth in any proceeding initiated pursuant to this
article.
(f) Efforts to prevent the filing of a petition pursuant to this
section may extend until the designated lead agency determines that
there is no substantial likelihood that the youth and his or her family
will benefit from further attempts. Efforts at diversion pursuant to
this section may continue after the filing of a petition where the
designated lead agency determines that the youth and his or her family
will benefit from further attempts to prevent the youth from entering
foster care IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS
ARTICLE.
(g) (i) The designated lead agency shall promptly give written notice
to the potential petitioner whenever attempts to prevent the filing of a
petition have terminated, and shall indicate in such notice whether
efforts were successful. The notice shall also detail the diligent
attempts made to divert the case if a determination has been made that
there is no substantial likelihood that the youth will benefit from
further attempts. No persons in need of supervision petition may be
filed pursuant to this article during the period the designated lead
agency is providing diversion services. A finding by the designated lead
agency that the case has been successfully diverted shall constitute
presumptive evidence that the underlying allegations have been success-
fully resolved in any petition based upon the same factual allegations.
No petition may be filed pursuant to this article by the parent or other
person legally responsible for the youth where diversion services have
been terminated because of the failure of the parent or other person
legally responsible for the youth to consent to or actively participate.
(ii) The clerk of the court shall accept a petition for filing only if
it has attached thereto the following:
(A) if the potential petitioner is the parent or other person legally
responsible for the youth, a notice from the designated lead agency
indicating there is no bar to the filing of the petition as the poten-
tial petitioner consented to and actively participated in diversion
services; and
(B) a notice from the designated lead agency stating that it has
terminated diversion services because it has determined that there is no
substantial likelihood that the youth and his or her family will benefit
from further attempts, and that the case has not been successfully
diverted.
(h) No statement made to the designated lead agency or to any agency
or organization to which the potential respondent, prior to the filing
of the petition, or if the petition has been filed, prior to the time
the respondent has been notified that attempts at diversion will not be
made or have been terminated, or prior to the commencement of a fact-
finding hearing if attempts at diversion have not terminated previously,
may be admitted into evidence at a fact-finding hearing or, if the
proceeding is transferred to a criminal court, at any time prior to a
conviction.
S 36. Subdivision (b) of section 742 of the family court act, as
amended by section 9 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(b) At the initial appearance of the respondent, the court shall
review any termination of diversion services pursuant to such section,
and the documentation of diligent attempts to provide appropriate
services and determine whether such efforts or services provided are
sufficient [and]. THE COURT may, AT ANY TIME, subject to the provisions
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of section seven hundred forty-eight of this article, order that addi-
tional diversion attempts be undertaken by the designated lead agency.
The court may order the youth and the parent or other person legally
responsible for the youth to participate in diversion services. If the
designated lead agency thereafter determines that the case has been
successfully resolved, it shall so notify the court, and the court shall
dismiss the petition.
S 37. Subdivision (a) of section 749 of the family court act, as
amended by section 4 of part V of chapter 55 of the laws of 2012, is
amended to read as follows:
(a) (i) Upon or after a fact-finding hearing, the court may, upon its
own motion or upon a motion of a party to the proceeding, order that the
proceeding be "adjourned in contemplation of dismissal". An adjournment
in contemplation of dismissal is an adjournment of the proceeding, for a
period not to exceed six months with a view to ultimate dismissal of the
petition in furtherance of justice. Upon issuing such an order, upon
such permissible terms and conditions as the rules of court shall
define, the court must release the individual.
(ii) The court may, as a condition of an adjournment in contemplation
of dismissal order: (A) in cases where the record indicates that the
consumption of alcohol may have been a contributing factor, require the
respondent to attend and complete an alcohol awareness program estab-
lished pursuant to section 19.25 of the mental hygiene law; or (B) in
cases where the record indicates that cyberbullying or sexting was the
basis of the petition, require an eligible person to complete an educa-
tion reform program in accordance with section four hundred
fifty-eight-l of the social services law; OR (C) PARTICIPATE IN SERVICES
INCLUDING BUT NOT LIMITED TO THOSE PROVIDED BY FAMILY SUPPORT CENTERS.
(iii) Upon application of the petitioner, or upon the court's own
motion, made at any time during the duration of the order, the court may
restore the matter to the calendar. If the proceeding is not so
restored, the petition is at the expiration of the order, deemed to have
been dismissed by the court in furtherance of justice.
S 38. Section 751 of the family court act, as amended by chapter 100
of the laws of 1993, is amended to read as follows:
S 751. Order dismissing petition. If the allegations of a petition
under this article are not established, the court shall dismiss the
petition. The court may in its discretion dismiss a petition under this
article, in the interests of justice where attempts have been made to
adjust the case as provided for in sections seven hundred thirty-five
and seven hundred forty-two of this article and the probation service
has exhausted its efforts to successfully adjust such case as a result
of the petition's failure to provide reasonable assistance to the
probation service. IN DISMISSING A PETITION PURSUANT TO THIS SECTION,
THE COURT SHALL CONSIDER WHETHER A REFERRAL OF SERVICES WOULD BE APPRO-
PRIATE TO MEET THE NEEDS OF THE RESPONDENT AND HIS OR HER FAMILY.
S 39. Section 754 of the family court act, subdivision 1 as designated
by chapter 878 of the laws of 1976, paragraph (c) of subdivision 1 as
amended by section 4 of part V of chapter 383 of the laws of 2001, the
closing paragraph of subdivision 1 as added by section 5 of part V of
chapter 55 of the laws of 2012, subdivision 2 as amended by chapter 7 of
the laws of 1999, is amended to read as follows:
S 754. Disposition on adjudication of person in need of supervision.
1. Upon an adjudication of person in need of supervision, the court
shall enter an order of disposition:
(a) Discharging the respondent with warning;
A. 6006 70
(b) Suspending judgment in accord with section seven hundred fifty-
five OF THIS PART;
(c) Continuing the proceeding and placing the respondent in accord
with section seven hundred fifty-six OF THIS PART; provided, however,
that the court shall not place the respondent in accord with section
seven hundred fifty-six where the respondent is sixteen years of age or
older, unless the court determines and states in its order that special
circumstances exist to warrant such placement; or
(d) Putting the respondent on probation in accord with section seven
hundred fifty-seven OF THIS PART.
The court may order an eligible person to complete an education reform
program in accordance with section four hundred fifty-eight-l of the
social services law, as part of a disposition pursuant to paragraph (a),
(b) or (d) of this subdivision. THE COURT MAY ALSO ORDER SERVICES,
INCLUDING THOSE PROVIDED BY A FAMILY SUPPORT CENTER, AS PART OF A DISPO-
SITION PURSUANT TO PARAGRAPH (A), (B) OR (D) OF THIS SUBDIVISION.
2. (a) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COURT SHALL NOT ORDER PLACEMENT WITH THE LOCAL COMMISSIONER OF SOCIAL
SERVICES PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF THIS PART UNLESS
THE COURT FINDS AND STATES IN WRITING THAT:
(I) NO APPROPRIATE SUITABLE RELATIVE OR SUITABLE PRIVATE PERSON IS
AVAILABLE FOR PLACEMENT PURSUANT TO SECTION SEVEN HUNDRED FIFTY-SIX OF
THIS PART; AND
(II) PLACEMENT IN THE CHILD'S HOME WOULD NOT BE APPROPRIATE BECAUSE
SUCH PLACEMENT WOULD:
(A) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING
PETITION OR,
(B) CREATE A SAFETY RISK TO THE CHILD OR THE CHILD'S FAMILY.
(B) The order shall state the court's reasons for the particular
disposition. If the court places the child in accordance with section
seven hundred fifty-six of this part, the court in its order shall
determine: (i) whether continuation in the child's home would be contra-
ry to the best interest of the child and where appropriate, that reason-
able efforts were made prior to the date of the dispositional hearing
held pursuant to this article to prevent or eliminate the need for
removal of the child from his or her home and, if the child was removed
from his or her home prior to the date of such hearing, that such
removal was in the child's best interest and, where appropriate, reason-
able efforts were made to make it possible for the child to return safe-
ly home. If the court determines that reasonable efforts to prevent or
eliminate the need for removal of the child from the home were not made
but that the lack of such efforts was appropriate under the circum-
stances, the court order shall include such a finding; and (ii) in the
case of a child who has attained the age of sixteen, the services need-
ed, if any, to assist the child to make the transition from foster care
to independent living. Nothing in this subdivision shall be construed to
modify the standards for directing detention set forth in section seven
hundred thirty-nine of this article.
[(b)] (C) For the purpose of this section, reasonable efforts to
prevent or eliminate the need for removing the child from the home of
the child or to make it possible for the child to return safely to the
home of the child shall not be required where the court determines that:
(i) the parent of such child has subjected the child to aggravated
circumstances, as defined in subdivision (g) of section seven hundred
twelve of this article;
A. 6006 71
(ii) the parent of such child has been convicted of (A) murder in the
first degree as defined in section 125.27 or murder in the second degree
as defined in section 125.25 of the penal law and the victim was another
child of the parent; or (B) manslaughter in the first degree as defined
in section 125.20 or manslaughter in the second degree as defined in
section 125.15 of the penal law and the victim was another child of the
parent, provided, however, that the parent must have acted voluntarily
in committing such crime;
(iii) the parent of such child has been convicted of an attempt to
commit any of the crimes set forth in subparagraphs (i) and (ii) of this
paragraph, and the victim or intended victim was the child or another
child of the parent; or has been convicted of criminal solicitation as
defined in article one hundred, conspiracy as defined in article one
hundred five or criminal facilitation as defined in article one hundred
fifteen of the penal law for conspiring, soliciting or facilitating any
of the foregoing crimes, and the victim or intended victim was the child
or another child of the parent;
(iv) the parent of such child has been convicted of assault in the
second degree as defined in section 120.05, assault in the first degree
as defined in section 120.10 or aggravated assault upon a person less
than eleven years old as defined in section 120.12 of the penal law, and
the commission of one of the foregoing crimes resulted in serious phys-
ical injury to the child or another child of the parent;
(v) the parent of such child has been convicted in any other jurisdic-
tion of an offense which includes all of the essential elements of any
crime specified in subparagraph (ii), (iii) or (iv) of this paragraph,
and the victim of such offense was the child or another child of the
parent; or
(vi) the parental rights of the parent to a sibling of such child have
been involuntarily terminated;
unless the court determines that providing reasonable efforts would be
in the best interests of the child, not contrary to the health and safe-
ty of the child, and would likely result in the reunification of the
parent and the child in the foreseeable future. The court shall state
such findings in its order.
If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court that such
efforts are not required. At the permanency hearing, the court shall
determine the appropriateness of the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be placed for adoption
with the social services official filing a petition for termination of
parental rights; (C) should be referred for legal guardianship; (D)
should be placed permanently with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement if the
social services official has documented to the court a compelling reason
for determining that it would not be in the best interest of the child
to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian. The social services official shall thereafter
make reasonable efforts to place the child in a timely manner and to
complete whatever steps are necessary to finalize the permanent place-
ment of the child as set forth in the permanency plan approved by the
court. If reasonable efforts are determined by the court not to be
required because of one of the grounds set forth in this paragraph, the
A. 6006 72
social services official may file a petition for termination of parental
rights in accordance with section three hundred eighty-four-b of the
social services law.
[(c)] (D) For the purpose of this section, in determining reasonable
efforts to be made with respect to a child, and in making such reason-
able efforts, the child's health and safety shall be the paramount
concern.
[(d)] (E) For the purpose of this section, a sibling shall include a
half-sibling.
S 40. Section 755 of the family court act, subdivision (a) as amended
by chapter 124 of the laws of 1993, is amended to read as follows:
S 755. Suspended judgment. (a) Rules of court shall define permissible
terms and conditions of a suspended judgment. The court may order as a
condition of a suspended judgment restitution or services for public
good pursuant to section seven hundred fifty-eight-a, and[, except when
the respondent has been assigned to a facility in accordance with subdi-
vision four of section five hundred four of the executive law,] in cases
wherein the record indicates that the consumption of alcohol by the
respondent may have been a contributing factor, the court may order
attendance at and completion of an alcohol awareness program established
pursuant to section 19.25 of the mental hygiene law.
(b) The maximum duration of any term or condition of a suspended judg-
ment is one year, unless the court finds at the conclusion of that peri-
od that exceptional circumstances require an additional period of one
year.
S 41. Section 756 of the family court act, as amended by chapter 920
of the laws of 1982, paragraph (i) of subdivision (a) as amended by
chapter 309 of the laws of 1996, the opening paragraph of paragraph (ii)
of subdivision (a) as amended by section 11 of part G of chapter 58 of
the laws of 2010, subdivision (b) as amended by chapter 7 of the laws of
1999, and subdivision (c) as amended by section 10 of part E of chapter
57 of the laws of 2005, is amended to read as follows:
S 756. Placement. (a) (i) For purposes of section seven hundred
fifty-four, the court may place the child in its own home or in the
custody of a suitable relative or other suitable private person [or a
commissioner of social services], subject to the orders of the court.
(ii) Where the child is placed with the commissioner of the local
social services district, the court may direct the commissioner to place
the child with an authorized agency or class of authorized agencies,
including, if the court finds that the respondent is a sexually
exploited child as defined in subdivision one of section four hundred
forty-seven-a of the social services law, an available long-term safe
house. Unless the dispositional order provides otherwise, the court so
directing shall include one of the following alternatives to apply in
the event that the commissioner is unable to so place the child:
(1) the commissioner shall apply to the court for an order to stay,
modify, set aside, or vacate such directive pursuant to the provisions
of section seven hundred sixty-two or seven hundred sixty-three; or
(2) the commissioner shall return the child to the family court for a
new dispositional hearing and order.
(b) Placements under this section may be for an initial period of
[twelve months] NINETY DAYS. The court may extend a placement pursuant
to section seven hundred fifty-six-a. In its discretion, the court may
recommend restitution or require services for public good pursuant to
section seven hundred fifty-eight-a in conjunction with an order of
placement. [For the purposes of calculating the initial period of
A. 6006 73
placement, such placement shall be deemed to have commenced sixty days
after the date the child was removed from his or her home in accordance
with the provisions of this article.] If the respondent has been in
detention pending disposition, the initial period of placement ordered
under this section shall be credited with and diminished by the amount
of time spent by the respondent in detention prior to the commencement
of the placement unless the court finds that all or part of such credit
would not serve the best interests of the respondent.
(c) [A placement pursuant to this section with the commissioner of
social services shall not be directed in any detention facility, but
the] THE court may direct detention pending transfer to a placement
authorized and ordered under this section for no more than [than
fifteen] TEN days after such order of placement is made. Such direction
shall be subject to extension pursuant to subdivision three of section
three hundred ninety-eight of the social services law, upon written
documentation to the office of children and family services that the
youth is in need of specialized treatment or placement and the diligent
efforts by the commissioner of social services to locate an appropriate
placement.
S 42. Section 756-a of the family court act, as added by chapter 604
of the laws of 1986, subdivision (a) as amended by chapter 309 of the
laws of 1996, subdivisions (b) and (d) as amended and subdivision (d-1)
as added by section 4 of part B of chapter 327 of the laws of 2007, and
subdivisions (c) and (e) as amended by chapter 7 of the laws of 1999, is
amended to read as follows:
S 756-a. Extension of placement. (a) In any case in which the child
has been placed pursuant to section seven hundred fifty-six, the child,
the person with whom the child has been placed or the commissioner of
social services may petition the court to extend such placement. Such
petition shall be filed at least [sixty] THIRTY days prior to the expi-
ration of the period of placement, except for good cause shown, but in
no event shall such petition be filed after the original expiration
date.
(b) The court shall conduct a permanency hearing concerning the need
for continuing the placement. The child, the person with whom the child
has been placed and the commissioner of social services shall be noti-
fied of such hearing and shall have the right to be heard thereat.
(c) The provisions of section seven hundred forty-five shall apply at
such permanency hearing. If the petition is filed within [sixty] THIRTY
days prior to the expiration of the period of placement, the court shall
first determine at such permanency hearing whether good cause has been
shown. If good cause is not shown, the court shall dismiss the petition.
(d) At the conclusion of the permanency hearing the court may, in its
discretion, order an extension of the placement for not more than [one
year] NINETY DAYS. The court must consider and determine in its order:
(i) where appropriate, that reasonable efforts were made to make it
possible for the child to safely return to his or her home, or if the
permanency plan for the child is adoption, guardianship or some other
permanent living arrangement other than reunification with the parent or
parents of the child, reasonable efforts are being made to make and
finalize such alternate permanent placement including consideration of
appropriate in-state and out-of-state placements;
(ii) in the case of a child who has attained the age of sixteen, the
services needed, if any, to assist the child to make the transition from
foster care to independent living;
A. 6006 74
(iii) in the case of a child placed outside New York state, whether
the out-of-state placement continues to be appropriate and in the best
interests of the child; and
(iv) whether and when the child: (A) will be returned to the parent;
(B) should be placed for adoption with the social services official
filing a petition for termination of parental rights; (C) should be
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be placed in another planned
permanent living arrangement if the social services official has docu-
mented to the court a compelling reason for determining that it would
not be in the best interest of the child to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and where the
child will not be returned home, consideration of appropriate in-state
and out-of-state placements.
(d-1) At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan.
(e) Pending final determination of a petition to extend such placement
filed in accordance with the provisions of this section, the court may,
on its own motion or at the request of the petitioner or respondent,
enter one or more temporary orders extending a period of placement not
to exceed thirty days upon satisfactory proof showing probable cause for
continuing such placement and that each temporary order is necessary.
The court may order additional temporary extensions, not to exceed a
total of fifteen days, if the court is unable to conclude the hearing
within the thirty day temporary extension period. In no event shall the
aggregate number of days in extensions granted or ordered under this
subdivision total more than forty-five days. The petition shall be
dismissed if a decision is not rendered within the period of placement
or any temporary extension thereof. Notwithstanding any provision of law
to the contrary, the initial permanency hearing shall be held within
[twelve months of the date the child was placed into care] A REASONABLE
PERIOD OF TIME PRIOR TO THE EXPIRATION OF THE INITIAL PERIOD OF PLACE-
MENT pursuant to section seven hundred fifty-six [of this article] and
no later than every twelve months thereafter. [For the purposes of this
section, the date the child was placed into care shall be sixty days
after the child was removed from his or her home in accordance with the
provisions of this section.]
(f) Successive extensions of placement under this section may be
granted, but no placement may be made or continued beyond the child's
eighteenth birthday without his or her consent and in no event past his
or her twenty-first birthday.
S 43. Section 757 of the family court act is amended by adding a new
subdivision (e) to read as follows:
(E) THE COURT MAY ORDER SERVICES DEEMED APPROPRIATE TO ADDRESS THE
CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION INCLUDING SERVICES
PROVIDED BY FAMILY SUPPORT CENTERS.
S 44. Section 758-a of the family court act, as amended by chapter 73
of the laws of 1979, subdivision 1 as amended by chapter 4 of the laws
of 1987, paragraph (b) of subdivision 1 as amended by chapter 575 of the
laws of 2007, subdivision 2 as amended by chapter 309 of the laws of
1996, and subdivision 3 as separately amended by chapter 568 of the laws
of 1979, is amended to read as follows:
S 758-a. Restitution. 1. In cases involving acts of [infants] CHILDREN
over [ten] TWELVE and less than [sixteen] EIGHTEEN years of age, the
court may
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(a) recommend as a condition of placement, or order as a condition of
probation or suspended judgment, restitution in an amount representing a
fair and reasonable cost to replace the property or repair the damage
caused by the [infant] CHILD, not, however, to exceed one thousand
dollars. [In the case of a placement, the court may recommend that the
infant pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic payments in
amounts set by the agency with which he is placed, and in the case of
probation or suspended judgment, the] THE court may require that the
[infant] CHILD pay out of his or her own funds or earnings the amount of
replacement or damage, either in a lump sum or in periodic payments in
amounts set by the court; and/or
(b) order as a condition of placement, probation, or suspended judg-
ment, services for the public good including in the case of a crime
involving willful, malicious, or unlawful damage or destruction to real
or personal property maintained as a cemetery plot, grave, burial place,
or other place of interment of human remains, services for the mainte-
nance and repair thereof, taking into consideration the age and physical
condition of the [infant] CHILD.
2. If the court recommends restitution or requires services for the
public good in conjunction with an order of placement pursuant to
section seven hundred fifty-six, the placement shall be made only to an
authorized agency which has adopted rules and regulations for the super-
vision of such a program, which rules and regulations shall be subject
to the approval of the state department of social services. Such rules
and regulations shall include, but not be limited to provisions (i)
assuring that the conditions of work, including wages, meet the stand-
ards therefor prescribed pursuant to the labor law; (ii) affording
coverage to the child under the workers' compensation law as an employee
of such agency, department or institution; (iii) assuring that the enti-
ty receiving such services shall not utilize the same to replace its
regular employees; and (iv) providing for reports to the court not less
frequently than every six months, unless the order provides otherwise.
3. If the court requires restitution or services for the public good
as a condition of probation or suspended judgment, it shall provide that
an agency or person supervise the restitution or services and that such
agency or person report to the court not less frequently than every six
months, unless the order provides otherwise. Upon the written notice
sent by a school district to the court and the appropriate probation
department or agency which submits probation recommendations or reports
to the court, the court may provide that such school district shall
supervise the performance of services for the public good.
4. The court, upon receipt of the reports provided for in subdivision
two or three of this section may, on its own motion or the motion of any
party or the agency, hold a hearing to determine whether the placement
should be altered or modified.
S 45. Subdivision (f) of section 759 of the family court act, as
amended by section 11 of part E of chapter 57 of the laws of 2005, is
amended to read as follows:
(f) to participate in family counseling or other professional coun-
seling activities, or other services, including SERVICES PROVIDED BY
FAMILY SUPPORT CENTERS, alternative dispute resolution services
conducted by an authorized person or an authorized agency to which the
youth has been referred or placed, deemed necessary for the rehabili-
tation of the youth, provided that such family counseling, other coun-
A. 6006 76
seling activity or other necessary services are not contrary to such
person's religious beliefs;
S 46. Section 768 of the family court act is amended to read as
follows:
S 768. Successive petitions. If a petition under section seven hundred
sixty-four is denied, it may not be renewed for a period of [ninety]
THIRTY days after the denial, unless the order of denial permits renewal
at an earlier time.
S 47. Section 153-k of the social services law is amended by adding
two new subdivisions 2-a and 2-b to read as follows:
2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE
SERVICES, INDEPENDENT LIVING SERVICES AND FOSTER CARE SERVICES PROVIDED
TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT
OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE PROVISIONS IN A
CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF
JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
2-B. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPEND-
ITURES MADE BY SOCIAL SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS
MADE AVAILABLE FOR SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS ESTABLISHED
PURSUANT TO TITLE TWELVE OF THIS ARTICLE.
S 48. Subdivisions 5 and 6 of section 371 of the social services law,
subdivision 5 as added by chapter 690 of the laws of 1962, and subdivi-
sion 6 as amended by chapter 596 of the laws of 2000, are amended to
read as follows:
5. "Juvenile delinquent" means a person [over seven and less than
sixteen years of age who does any act which, if done by an adult, would
constitute a crime] AS DEFINED IN SECTION 301.2 OF THE FAMILY COURT ACT.
6. "Person in need of supervision" means a person [less than eighteen
years of age who is habitually truant or who is incorrigible, ungoverna-
ble or habitually disobedient and beyond the lawful control of a parent
or other person legally responsible for such child's care, or other
lawful authority] AS DEFINED IN SECTION SEVEN HUNDRED TWELVE OF THE
FAMILY COURT ACT.
S 49. Article 6 of the social services law is amended by adding a new
title 12 to read as follows:
TITLE 12
FAMILY SUPPORT CENTERS
SECTION 458-M. FAMILY SUPPORT CENTERS.
458-N. FUNDING FOR FAMILY SUPPORT CENTERS.
S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM
"FAMILY SUPPORT CENTER" SHALL MEAN A PROGRAM ESTABLISHED PURSUANT TO
THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO YOUTH AT
RISK OF BEING, OR ALLEGED OR ADJUDICATED TO BE PERSONS IN NEED OF SUPER-
VISION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT, AND THEIR
FAMILIES. FAMILY SUPPORT CENTERS MAY ALSO PROVIDE COMMUNITY-BASED
SUPPORTIVE SERVICES TO YOUTH WHO ARE ALLEGED OR ADJUDICATED TO BE JUVE-
NILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT.
2. FAMILY SUPPORT CENTERS SHALL PROVIDE COMPREHENSIVE SERVICES TO SUCH
CHILDREN AND THEIR FAMILIES, EITHER DIRECTLY OR THROUGH REFERRALS WITH
PARTNER AGENCIES, INCLUDING, BUT NOT LIMITED TO:
(A) RAPID FAMILY ASSESSMENTS AND SCREENINGS;
(B) CRISIS INTERVENTION;
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(C) FAMILY MEDIATION AND SKILLS BUILDING;
(D) MENTAL AND BEHAVIORAL HEALTH SERVICES AS DEFINED IN SUBDIVISION
FIFTY-EIGHT OF SECTION 1.03 OF THE MENTAL HYGIENE LAW INCLUDING COGNI-
TIVE INTERVENTIONS;
(E) CASE MANAGEMENT;
(F) RESPITE SERVICES; AND
(G) OTHER FAMILY SUPPORT SERVICES.
3. TO THE EXTENT PRACTICABLE, THE SERVICES THAT ARE PROVIDED SHALL BE
TRAUMA SENSITIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, WHERE APPROPRIATE,
AND EVIDENCE AND/OR STRENGTH BASED AND SHALL BE TAILORED TO THE INDIVID-
UALIZED NEEDS OF THE CHILD AND FAMILY BASED ON THE ASSESSMENTS AND
SCREENINGS CONDUCTED BY SUCH FAMILY SUPPORT CENTER.
4. FAMILY SUPPORT CENTERS SHALL HAVE THE CAPACITY TO SERVE FAMILIES
OUTSIDE OF REGULAR BUSINESS HOURS INCLUDING EVENINGS OR WEEKENDS.
S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, STATE REIMBURSEMENT SHALL BE
MADE AVAILABLE FOR ONE HUNDRED PERCENT OF EXPENDITURES MADE BY SOCIAL
SERVICES DISTRICTS, EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR
SUCH PURPOSE, FOR FAMILY SUPPORT CENTERS STATEWIDE.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FAMILY
SUPPORT CENTERS SHALL BE ESTABLISHED IN EACH SOCIAL SERVICES DISTRICT
THROUGHOUT THE STATE WITH THE APPROVAL OF THE OFFICE OF CHILDREN AND
FAMILY SERVICES, PROVIDED HOWEVER THAT TWO OR MORE SOCIAL SERVICES
DISTRICTS MAY JOIN TOGETHER TO ESTABLISH, OPERATE AND MAINTAIN A FAMILY
SUPPORT CENTER AND MAY MAKE AND PERFORM AGREEMENTS IN CONNECTION THERE-
WITH.
3. SOCIAL SERVICES DISTRICTS MAY CONTRACT WITH NOT-FOR-PROFIT CORPO-
RATIONS OR UTILIZE EXISTING PROGRAMS TO OPERATE FAMILY SUPPORT CENTERS
IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM
REQUIREMENTS ISSUED BY THE OFFICE. FAMILY SUPPORT CENTERS SHALL HAVE
SUFFICIENT CAPACITY TO PROVIDE SERVICES TO YOUTH WITHIN THE SOCIAL
SERVICES DISTRICT OR DISTRICTS WHO ARE AT RISK OF BECOMING, ALLEGED OR
ADJUDICATED TO BE PERSONS IN NEED OF SUPERVISION PURSUANT TO ARTICLE
SEVEN OF THE FAMILY COURT ACT, AND THEIR FAMILIES. IN ADDITION, TO THE
EXTENT PRACTICABLE, FAMILY SUPPORT CENTERS MAY PROVIDE SERVICES TO YOUTH
WHO ARE ALLEGED OR ADJUDICATED UNDER ARTICLE THREE OF THE FAMILY COURT
ACT.
4. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL
REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND
MANNER AND AT SUCH TIMES AS DETERMINED BY THE OFFICE, ON THE PERFORMANCE
OUTCOMES OF ANY FAMILY SUPPORT CENTER LOCATED WITHIN SUCH DISTRICT THAT
RECEIVES FUNDING UNDER THIS TITLE.
S 50. Subdivisions 3 and 11 of section 398 of the social services law,
subdivision 3 as amended by chapter 419 of the laws of 1987, paragraph
(c) of subdivision 3 as amended by section 19 of part E of chapter 57 of
the laws of 2005, and subdivision 11 as added by chapter 514 of the laws
of 1976, are amended to read as follows:
3. As to delinquent children and persons in need of supervision:
(a) Investigate complaints as to alleged delinquency of a child.
(b) Bring such case of alleged delinquency when necessary before the
family court.
(c) Receive within fifteen days from the order of placement as a
public charge any delinquent child committed or placed or IN THE CASE OF
A person in need of supervision placed, TEN DAYS, in his or her care by
the family court provided, however, that the commissioner of the social
services district with whom the child is placed may apply to the state
A. 6006 78
commissioner or his or her designee for approval of an additional
fifteen days, OR IN THE CASE OF A PERSON IN NEED OF SUPERVISION, TEN
DAYS, upon written documentation to the office of children and family
services that the youth is in need of specialized treatment or placement
and the diligent efforts by the commissioner of social services to
locate an appropriate placement.
11. In the case of a child who is adjudicated a person in need of
supervision or a juvenile delinquent and is placed by the family court
with the [division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES and
who is placed by [the division for youth] SUCH OFFICE with an authorized
agency pursuant to court order, the social services official shall make
expenditures in accordance with the regulations of the department for
the care and maintenance of such child during the term of such placement
subject to state reimbursement pursuant to SECTION ONE HUNDRED
FIFTY-THREE-K OF this title[, or article nineteen-G of the executive law
in applicable cases].
S 51. Subdivision 8 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:
8. (a) Notwithstanding any other provision of law to the contrary[,]
EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible
expenditures during the applicable time periods made by a social
services district for an approved juvenile justice services close to
home initiative shall, if approved by the department of family assist-
ance, be subject to reimbursement with state funds only up to the extent
of an annual appropriation made specifically therefor, after first
deducting therefrom any federal funds properly received or to be
received on account thereof; provided, however, that when such funds
have been exhausted, a social services district may receive state
reimbursement from other available state appropriations for that state
fiscal year for eligible expenditures for services that otherwise would
be reimbursable under such funding streams. Any claims submitted by a
social services district for reimbursement for a particular state fiscal
year for which the social services district does not receive state
reimbursement from the annual appropriation for the approved close to
home initiative may not be claimed against that district's appropriation
for the initiative for the next or any subsequent state fiscal year.
(i) State funding for reimbursement shall be, subject to appropri-
ation, in the following amounts: for state fiscal year 2013-14,
$35,200,000 adjusted by any changes in such amount required by subpara-
graphs (ii) and (iii) of this paragraph; for state fiscal year 2014-15,
$41,400,000 adjusted to include the amount of any changes made to the
state fiscal year 2013-14 appropriation under subparagraphs (ii) and
(iii) of this paragraph plus any additional changes required by such
subparagraphs; and, such reimbursement shall be, subject to appropri-
ation, for all subsequent state fiscal years in the amount of the prior
year's actual appropriation adjusted by any changes required by subpara-
graphs (ii) and (iii) of this paragraph.
(ii) The reimbursement amounts set forth in subparagraph (i) of this
paragraph shall be increased or decreased by the percentage that the
average of the most recently approved maximum state aid rates for group
residential foster care programs is higher or lower than the average of
the approved maximum state aid rates for group residential foster care
programs in existence immediately prior to the most recently approved
rates.
A. 6006 79
(iii) The reimbursement amounts set forth in subparagraph (i) of this
paragraph shall be increased if either the population of alleged juve-
nile delinquents who receive a probation intake or the total population
of adjudicated juvenile delinquents placed on probation combined with
the population of adjudicated juvenile delinquents placed out of their
homes in a setting other than a secure facility pursuant to section
352.2 of the family court act, increases by at least ten percent over
the respective population in the annual baseline year. The baseline year
shall be the period from July first, two thousand ten through June thir-
tieth, two thousand eleven or the most recent twelve month period for
which there is complete data, whichever is later. In each successive
year, the population of the previous July first through June thirtieth
period shall be compared to the baseline year for determining any
adjustments to a state fiscal year appropriation. When either population
increases by ten percent or more, the reimbursement will be adjusted by
a percentage equal to the larger of the percentage increase in either
the number of probation intakes for alleged juvenile delinquents or the
total population of adjudicated juvenile delinquents placed on probation
combined with the population of adjudicated juvenile delinquents placed
out of their homes in a setting other than a secure facility pursuant to
section 352.2 of the family court act.
(iv) The social services district and/or the New York city department
of probation shall provide an annual report including the data required
to calculate the population adjustment to the New York city office of
management and budget, the division of criminal justice services and the
state division of the budget no later than the first day of September
following the close of the previous July first through June thirtieth
period.
(A-1) STATE REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED
PERCENT OF ELIGIBLE EXPENDITURES MADE BY A SOCIAL SERVICES DISTRICT,
EXCLUSIVE OF ANY FEDERAL FUNDS MADE AVAILABLE FOR SUCH PURPOSES, FOR
APPROVED JUVENILE JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME
INITIATIVE PROVIDED TO YOUTH AGE SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH
SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED TO SUCH YOUTH ABSENT THE
PROVISIONS IN A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN THAT
INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE.
(b) The department of family assistance is authorized, in its
discretion, to make advances to a social services district in antic-
ipation of the state reimbursement provided for in this section.
(c) A social services district shall conduct eligibility determi-
nations for federal and state funding and submit claims for reimburse-
ment in such form and manner and at such times and for such periods as
the department of family assistance shall determine.
(d) Notwithstanding any inconsistent provision of law or regulation of
the department of family assistance, state reimbursement shall not be
made for any expenditure made for the duplication of any grant or allow-
ance for any period.
(e) Claims submitted by a social services district for reimbursement
shall be paid after deducting any expenditures defrayed by fees, third
party reimbursement, and any non-tax levy funds including any donated
funds.
(f) The office of children and family services shall not reimburse any
claims for expenditures for residential services that are submitted more
than twenty-two months after the calendar quarter in which the expendi-
tures were made.
A. 6006 80
(g) Notwithstanding any other provision of law, the state shall not be
responsible for reimbursing a social services district and a district
shall not seek state reimbursement for any portion of any state disal-
lowance or sanction taken against the social services district, or any
federal disallowance attributable to final federal agency decisions or
to settlements made, when such disallowance or sanction results from the
failure of the social services district to comply with federal or state
requirements, including, but not limited to, failure to document eligi-
bility for the federal or state funds in the case record. To the extent
that the social services district has sufficient claims other than those
that are subject to disallowance or sanction to draw down the full annu-
al appropriation, such disallowance or sanction shall not result in a
reduction in payment of state funds to the district unless the district
requests that the department use a portion of the appropriation toward
meeting the district's responsibility to repay the federal government
for the disallowance or sanction and any related interest payments.
(h) Rates for residential services. (i) The office shall establish the
rates, in accordance with section three hundred ninety-eight-a of this
chapter, for any non-secure facilities established under an approved
juvenile justice services close to home initiative. For any such non-se-
cure facility that will be used primarily by the social services
district with an approved close to home initiative, final authority for
establishment of such rates and any adjustments thereto shall reside
with the office, but such rates and any adjustments thereto shall be
established only upon the request of, and in consultation with, such
social services district.
(ii) A social services district with an approved juvenile justice
services close to home initiative for juvenile delinquents placed in
limited secure settings shall have the authority to establish and
adjust, on an annual or regular basis, maintenance rates for limited
secure facilities providing residential services under such initiative.
Such rates shall not be subject to the provisions of section three
hundred ninety-eight-a of this chapter but shall be subject to maximum
cost limits established by the office of children and family services.
S 52. Paragraph (a) of subdivision 1 of section 409-a of the social
services law, as amended by chapter 87 of the laws of 1993, subparagraph
(i) as amended by chapter 342 of the laws of 2010, and subparagraph (ii)
as amended by section 22 of part C of chapter 83 of the laws of 2002, is
amended to read as follows:
(a) A social services official shall provide preventive services to a
child and his or her family, in accordance with the family's service
plan as required by section four hundred nine-e of this chapter and the
social services district's child welfare services plan submitted and
approved pursuant to section four hundred nine-d of this chapter, upon a
finding by such official that [(i)] the child will be placed, returned
to or continued in foster care unless such services are provided and
that it is reasonable to believe that by providing such services the
child will be able to remain with or be returned to his or her family,
and for a former foster care youth under the age of twenty-one who was
previously placed in the care and custody or custody and guardianship of
the local commissioner of social services or other officer, board or
department authorized to receive children as public charges where it is
reasonable to believe that by providing such services the former foster
care youth will avoid a return to foster care or (ii) the child is the
subject of a petition under article seven of the family court act, [or
has been determined by the assessment service established pursuant to
A. 6006 81
section two hundred forty-three-a of the executive law,] or by the
probation service where no such assessment service has been designated,
to be at risk of being the subject of such a petition, and the social
services official determines that the child is at risk of placement into
foster care. Such finding shall be entered in the child's uniform case
record established and maintained pursuant to section four hundred
nine-f of this chapter. The commissioner shall promulgate regulations to
assist social services officials in making determinations of eligibility
for mandated preventive services pursuant to this [subparagraph] PARA-
GRAPH.
S 53. Section 30.00 of the penal law, as amended by chapter 481 of the
laws of 1978, subdivision 2 as amended by chapter 7 of the laws of 2007,
is amended to read as follows:
S 30.00 Infancy.
1. Except as provided in [subdivision] SUBDIVISIONS two AND THREE of
this section, a person less than [sixteen years old] EIGHTEEN YEARS OLD
is not criminally responsible for conduct.
2. A person thirteen, fourteen [or], fifteen, SIXTEEN OR SEVENTEEN
years of age is criminally responsible for acts constituting murder in
the second degree as defined in subdivisions one and two of section
125.25 and in subdivision three of such section provided that the under-
lying crime for the murder charge is one for which such person is crimi-
nally responsible or for such conduct as a sexually motivated felony,
where authorized pursuant to section 130.91 [of the penal law], EXCEPT
THAT, IN THE CASE OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF
AGE, THE PERSON IS ONLY CRIMINALLY RESPONSIBLE PURSUANT TO THIS SUBDIVI-
SION IF SUCH ACTION AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMILY
COURT TO A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE
FAMILY COURT ACT AND SECTION 726.05 OF THE CRIMINAL PROCEDURE LAW; and a
person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years of age is
criminally responsible for acts constituting the crimes defined in
section 135.25 (kidnapping in the first degree); 150.20 (arson in the
first degree); subdivisions one and two of section 120.10 (assault in
the first degree); 125.20 (manslaughter in the first degree); subdivi-
sions one and two of section 130.35 (rape in the first degree); subdivi-
sions one and two of section 130.50 (criminal sexual act in the first
degree); 130.70 (aggravated sexual abuse in the first degree); 140.30
(burglary in the first degree); subdivision one of section 140.25
(burglary in the second degree); 150.15 (arson in the second degree);
160.15 (robbery in the first degree); subdivision two of section 160.10
(robbery in the second degree) of this chapter; or section 265.03 of
this chapter, where such machine gun or such firearm is possessed on
school grounds, as that phrase is defined in subdivision fourteen of
section 220.00 of this chapter; or defined in this chapter as an attempt
to commit murder in the second degree or kidnapping in the first degree,
or for such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 [of the penal law], EXCEPT THAT, IN THE CASE
OF A PERSON THIRTEEN, FOURTEEN OR FIFTEEN YEARS OF AGE, THE PERSON IS
ONLY CRIMINALLY RESPONSIBLE PURSUANT TO THIS SUBDIVISION IF SUCH ACTION
AGAINST HIM OR HER WAS ORDERED REMOVED FROM A FAMILY COURT TO A SUPERIOR
CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT AND
SECTION 726.05 OF THE CRIMINAL PROCEDURE LAW.
3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL
A. 6006 82
WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE
OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE);
135.25 (KIDNAPPING IN THE FIRST DEGREE); 125.25 (MURDER IN THE SECOND
DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT) OF THIS CHAPTER.
4. In any prosecution for an offense, lack of criminal responsibility
by reason of infancy, as defined in this section, is a defense.
S 54. Section 60.10 of the penal law, as amended by chapter 411 of the
laws of 1979, is amended to read as follows:
S 60.10 Authorized disposition; juvenile offender.
1. When a juvenile offender is convicted of a crime, the court shall
sentence the defendant to imprisonment in accordance with section 70.05
or sentence [him] THE DEFENDANT upon a youthful offender finding in
accordance with section 60.02 of this chapter.
2. Subdivision one of this section shall apply when sentencing a juve-
nile offender notwithstanding the provisions of any other law that deals
with the authorized sentence for persons who are not juvenile offenders.
Provided, however, that the limitation prescribed by this section shall
not be deemed or construed to bar use of a conviction of a juvenile
offender, other than a juvenile offender who has been adjudicated a
youthful offender pursuant to section 720.20 of the criminal procedure
law, as a previous or predicate felony offender under section 70.04,
70.06, 70.07, 70.08 OF THIS CHAPTER or [70.10,] when sentencing a person
who commits a felony after [he] SUCH PERSON has reached the age of
[sixteen] EIGHTEEN.
S 55. Paragraph (b) of subdivision 2 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and a new
paragraph (b-1) is added to read as follows:
(b) For [the] A class [A] A-I felony [of arson in the first degree, or
for the class A felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the term shall be fixed by the court, and
shall be at least twelve years but shall not exceed fifteen years;
(B-1) FOR A CLASS A-II FELONY THE TERM SHALL BE FIXED BY THE COURT AND
SHALL BE AT LEAST TEN YEARS BUT SHALL NOT EXCEED FOURTEEN YEARS.
S 56. Paragraph (b) of subdivision 3 of section 70.05 of the penal
law, as added by chapter 481 of the laws of 1978, is amended and a new
subdivision (b-1) is added to read as follows:
(b) For [the] A class [A] A-I felony [of arson in the first degree, or
for the class A felony of kidnapping in the first degree] OTHER THAN
MURDER IN THE SECOND DEGREE, the minimum period of imprisonment shall be
fixed by the court and shall be not less than four years but shall not
exceed six years; and
(B-1) FOR A CLASS A-II FELONY, THE MINIMUM PERIOD OF IMPRISONMENT
SHALL BE FIXED BY THE COURT AND SHALL BE NOT LESS THAN THREE YEARS BUT
SHALL NOT EXCEED FIVE YEARS.
S 57. Subdivision 1 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
1. [(a)] Indeterminate or determinate sentence. Except as provided in
subdivision four of this section, when an indeterminate or determinate
sentence of imprisonment is imposed, the court shall commit the defend-
ant to the custody of the state department of corrections and community
supervision for the term of his or her sentence and until released in
accordance with the law; provided, however, that a defendant sentenced
pursuant to subdivision seven of section 70.06 shall be committed to the
custody of the state department of corrections and community supervision
for immediate delivery to a reception center operated by the department.
A. 6006 83
[(b) The court in committing a defendant who is not yet eighteen years
of age to the department of corrections and community supervision shall
inquire as to whether the parents or legal guardian of the defendant, if
present, will grant to the minor the capacity to consent to routine
medical, dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits a defendant who is not yet eighteen years of age to the custody
of the department of corrections and community supervision in accordance
with this section and no medical consent has been obtained prior to said
commitment, the commitment order shall be deemed to grant the capacity
to consent to routine medical, dental and mental health services and
treatment to the person so committed.
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of age from making a
motion on notice to the department of corrections and community super-
vision pursuant to article twenty-two of the civil practice law and
rules and section one hundred forty of the correction law, objecting to
routine medical, dental or mental health services and treatment being
provided to such inmate under the provisions of paragraph (b) of this
subdivision.
(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the defendant is authorized by law to consent on his or her own
behalf to any medical, dental, and mental health service or treatment.]
S 58. Subdivision 2 of section 70.20 of the penal law, as amended by
chapter 437 of the laws of 2013, is amended to read as follows:
2. [(a)] Definite sentence. Except as provided in subdivision four of
this section, when a definite sentence of imprisonment is imposed, the
court shall commit the defendant to the county or regional correctional
institution for the term of his sentence and until released in accord-
ance with the law.
[(b) The court in committing a defendant who is not yet eighteen years
of age to the local correctional facility shall inquire as to whether
the parents or legal guardian of the defendant, if present, will grant
to the minor the capacity to consent to routine medical, dental and
mental health services and treatment.
(c) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an inmate who is not yet eighteen years of age from making a
motion on notice to the local correction facility pursuant to article
twenty-two of the civil practice law and rules and section one hundred
forty of the correction law, objecting to routine medical, dental or
mental health services and treatment being provided to such inmate under
the provisions of paragraph (b) of this subdivision.]
S 59. Subdivision 4 of section 70.20 of the penal law, as amended by
section 124 of subpart B of part C of chapter 62 of the laws of 2011, is
amended to read as follows:
4. (a) Notwithstanding any other provision of law to the contrary, a
juvenile offender[,] or a juvenile offender who is adjudicated a youth-
ful offender and given an indeterminate or a definite sentence, AND WHO
IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENCING, shall be
committed to the custody of the commissioner of the office of children
and family services who shall arrange for the confinement of such offen-
der in [secure] facilities of the office. The release or transfer of
such offenders from the office of children and family services shall be
governed by section five hundred eight of the executive law. IF THE
JUVENILE OFFENDER IS CONVICTED OR, IF THE JUVENILE OFFENDER WHO IS ADJU-
A. 6006 84
DICATED A YOUTHFUL OFFENDER IS CONVICTED AND IS TWENTY-ONE YEARS OF AGE
OR OLDER AT THE TIME OF SENTENCING, HE OR SHE SHALL BE DELIVERED TO THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION.
(A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A
PERSON WHO IS SENTENCED TO AN INDETERMINATE SENTENCE AS AN ADULT FOR
COMMITTING A CRIME WHEN HE OR SHE WAS SIXTEEN OR SEVENTEEN YEARS OF AGE
WHO IS SENTENCED ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN TO A
TERM OF AT LEAST ONE YEAR OF IMPRISONMENT AND WHO IS UNDER THE AGE OF
EIGHTEEN AT THE TIME HE OR SHE IS SENTENCED SHALL BE COMMITTED TO THE
CUSTODY OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES WHO SHALL ARRANGE FOR THE CONFINEMENT OF SUCH OFFENDER IN
FACILITIES OF THE OFFICE. THE RELEASE OR TRANSFER OF SUCH OFFENDERS FROM
THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION
FIVE HUNDRED EIGHT OF THE EXECUTIVE LAW.
(b) The court in committing [a juvenile offender and youthful offen-
der] AN OFFENDER UNDER EIGHTEEN YEARS OF AGE to the custody of the
office of children and family services shall inquire as to whether the
parents or legal guardian of the youth, if present, will consent for the
office of children and family services to provide routine medical,
dental and mental health services and treatment.
(c) Notwithstanding paragraph (b) of this subdivision, where the court
commits an offender to the custody of the office of children and family
services in accordance with this section and no medical consent has been
obtained prior to said commitment, the commitment order shall be deemed
to grant consent for the office of children and family services to
provide for routine medical, dental and mental health services and
treatment to the offender so committed.
(d) Nothing in this subdivision shall preclude a parent or legal guar-
dian of an offender who is not yet eighteen years of age from making a
motion on notice to the office of children and family services pursuant
to article twenty-two of the civil practice law and rules objecting to
routine medical, dental or mental health services and treatment being
provided to such offender under the provisions of paragraph (b) of this
subdivision.
(e) Nothing in this section shall require that consent be obtained
from the parent or legal guardian, where no consent is necessary or
where the offender is authorized by law to consent on his or her own
behalf to any medical, dental and mental health service or treatment.
S 60. Subdivision 18 of section 10.00 of the penal law, as amended by
chapter 7 of the laws of 2007, is amended to read as follows:
18. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY
LAW, INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THE CRIMINAL PROCE-
DURE LAW AND SECTION 325.5 OF THE FAMILY COURT ACT: (1) a person thir-
teen years old who is criminally responsible for acts constituting
murder in the second degree as defined in subdivisions one and two of
section 125.25 of this chapter or such conduct as a sexually motivated
felony, where authorized pursuant to section 130.91 [of the penal law];
[and]
(2) a person fourteen [or], fifteen, SIXTEEN OR SEVENTEEN years old
who is criminally responsible for acts constituting the crimes defined
in subdivisions one and two of section 125.25 (murder in the second
degree) and in subdivision three of such section provided that the
underlying crime for the murder charge is one for which such person is
criminally responsible; section 135.25 (kidnapping in the first degree);
150.20 (arson in the first degree); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the first
A. 6006 85
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70 (aggravated sexual abuse in the first
degree); 140.30 (burglary in the first degree); subdivision one of
section 140.25 (burglary in the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of this chapter; or
section 265.03 of this chapter, where such machine gun or such firearm
is possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of this chapter; or defined in this chapter
as an attempt to commit murder in the second degree or kidnapping in the
first degree, or such conduct as a sexually motivated felony, where
authorized pursuant to section 130.91 [of the penal law]; AND
(3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI-
BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 490.25 (CRIME OF
TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG-
ICAL WEAPON IN THE FIRST DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL
WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE
OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 135.25
(KIDNAPPING IN THE FIRST DEGREE); 125.25 (MURDER IN THE SECOND DEGREE);
130.95 (PREDATORY SEXUAL ASSAULT) OF THIS CHAPTER.
S 61. Subdivision 42 of section 1.20 of the criminal procedure law, as
amended by chapter 7 of the laws of 2007, is amended to read as follows:
42. "Juvenile offender" means, WHERE PROSECUTION IS AUTHORIZED BY LAW,
INCLUDING BUT NOT LIMITED TO SECTION 726.05 OF THIS CHAPTER AND SECTION
325.5 OF THE FAMILY COURT ACT: (1) a person, thirteen years old who is
criminally responsible for acts constituting murder in the second degree
as defined in subdivisions one and two of section 125.25 of the penal
law, or such conduct as a sexually motivated felony, where authorized
pursuant to section 130.91 of the penal law; [and] (2) a person fourteen
[or], fifteen, SIXTEEN OR SEVENTEEN years old who is criminally respon-
sible for acts constituting the crimes defined in subdivisions one and
two of section 125.25 (murder in the second degree) and in subdivision
three of such section provided that the underlying crime for the murder
charge is one for which such person is criminally responsible; section
135.25 (kidnapping in the first degree); 150.20 (arson in the first
degree); subdivisions one and two of section 120.10 (assault in the
first degree); 125.20 (manslaughter in the first degree); subdivisions
one and two of section 130.35 (rape in the first degree); subdivisions
one and two of section 130.50 (criminal sexual act in the first degree);
130.70 (aggravated sexual abuse in the first degree); 140.30 (burglary
in the first degree); subdivision one of section 140.25 (burglary in the
second degree); 150.15 (arson in the second degree); 160.15 (robbery in
the first degree); subdivision two of section 160.10 (robbery in the
second degree) of the penal law; or section 265.03 of the penal law,
where such machine gun or such firearm is possessed on school grounds,
as that phrase is defined in subdivision fourteen of section 220.00 of
the penal law; or defined in the penal law as an attempt to commit
murder in the second degree or kidnapping in the first degree, or such
conduct as a sexually motivated felony, where authorized pursuant to
section 130.91 of the penal law; AND (3) A PERSON SIXTEEN OR SEVENTEEN
YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES
DEFINED IN SECTION 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL
POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR
A. 6006 86
BIOLOGICAL WEAPON IN THE SECOND DEGREE); 135.25 (KIDNAPPING IN THE FIRST
DEGREE); 125.25 (MURDER IN THE SECOND DEGREE); 130.95 (PREDATORY SEXUAL
ASSAULT) OF THE PENAL LAW.
S 62. Subdivision 6 of section 140.20 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
6. Upon arresting a juvenile offender without a warrant, the police
officer shall immediately notify the parent or other person legally
responsible for his OR HER care or the person with whom he OR SHE is
domiciled, that the juvenile offender has been arrested, and the
location of the facility where he OR SHE is being detained. IF THE OFFI-
CER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A
CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A
JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW, THE
OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF
ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF
CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY
RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE
AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME. A JUVE-
NILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE JUVE-
NILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVISION,
IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 63. Subdivision 5 of section 140.27 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
5. Upon arresting a juvenile offender without a warrant, the peace
officer shall immediately notify the parent or other person legally
responsible for his care or the person with whom he OR SHE is domiciled,
that the juvenile offender has been arrested, and the location of the
facility where he OR SHE is being detained. IF THE OFFICER DETERMINES
THAT IT IS NECESSARY TO QUESTION A JUVENILE OFFENDER OR A CHILD UNDER
EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE DEFINITION OF A JUVENILE
OFFENDER AS DEFINED IN SECTION 30.00 OF THE PENAL LAW THE OFFICER MUST
TAKE THE JUVENILE TO A FACILITY DESIGNATED BY THE CHIEF ADMINISTRATOR OF
THE COURTS AS A SUITABLE PLACE FOR THE QUESTIONING OF CHILDREN OR, UPON
THE CONSENT OF A PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE CARE
OF THE JUVENILE, TO THE JUVENILE'S RESIDENCE AND THERE QUESTION HIM OR
HER FOR A REASONABLE PERIOD OF TIME. A JUVENILE SHALL NOT BE QUESTIONED
PURSUANT TO THIS SECTION UNLESS THE JUVENILE AND A PERSON REQUIRED TO BE
NOTIFIED PURSUANT TO THIS SUBDIVISION, IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
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(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 64. Subdivision 5 of section 140.40 of the criminal procedure law,
as added by chapter 411 of the laws of 1979, is amended to read as
follows:
5. If a police officer takes an arrested juvenile offender into
custody, the police officer shall immediately notify the parent or other
person legally responsible for his OR HER care or the person with whom
he OR SHE is domiciled, that the juvenile offender has been arrested,
and the location of the facility where he OR SHE is being detained. IF
THE OFFICER DETERMINES THAT IT IS NECESSARY TO QUESTION A JUVENILE
OFFENDER OR A CHILD UNDER EIGHTEEN YEARS OF AGE WHO FITS WITHIN THE
DEFINITION OF A JUVENILE OFFENDER AS DEFINED IN SECTION 30.00 OF THE
PENAL LAW THE OFFICER MUST TAKE THE JUVENILE TO A FACILITY DESIGNATED BY
THE CHIEF ADMINISTRATOR OF THE COURTS AS A SUITABLE PLACE FOR THE QUES-
TIONING OF CHILDREN OR, UPON THE CONSENT OF A PARENT OR OTHER PERSON
LEGALLY RESPONSIBLE FOR THE CARE OF THE JUVENILE, TO THE JUVENILE'S
RESIDENCE AND THERE QUESTION HIM OR HER FOR A REASONABLE PERIOD OF TIME.
A JUVENILE SHALL NOT BE QUESTIONED PURSUANT TO THIS SECTION UNLESS THE
JUVENILE AND A PERSON REQUIRED TO BE NOTIFIED PURSUANT TO THIS SUBDIVI-
SION, IF PRESENT, HAVE BEEN ADVISED:
(A) OF THE JUVENILE'S RIGHT TO REMAIN SILENT;
(B) THAT THE STATEMENTS MADE BY THE JUVENILE MAY BE USED IN A COURT OF
LAW;
(C) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PRESENT AT SUCH QUES-
TIONING; AND
(D) OF THE JUVENILE'S RIGHT TO HAVE AN ATTORNEY PROVIDED FOR HIM OR
HER WITHOUT CHARGE IF HE OR SHE IS INDIGENT.
IN DETERMINING THE SUITABILITY OF QUESTIONING AND DETERMINING THE
REASONABLE PERIOD OF TIME FOR QUESTIONING SUCH A JUVENILE OFFENDER, THE
JUVENILE'S AGE, THE PRESENCE OR ABSENCE OF HIS OR HER PARENTS OR OTHER
PERSONS LEGALLY RESPONSIBLE FOR HIS OR HER CARE AND NOTIFICATION PURSU-
ANT TO THIS SUBDIVISION SHALL BE INCLUDED AMONG RELEVANT CONSIDERATIONS.
S 65. Section 150.40 of the criminal procedure law is amended by
adding a new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, ANY UNIFORM
TRAFFIC TICKET ISSUED TO A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE
PURSUANT TO A VIOLATION OF ANY PROVISION OF THE VEHICLE AND TRAFFIC LAW,
OR ANY LOCAL LAW, CONSTITUTING A TRAFFIC INFRACTION SHALL BE RETURNABLE
TO THE LOCAL CITY, TOWN, OR VILLAGE COURT, OR TRAFFIC VIOLATIONS BUREAU
HAVING JURISDICTION.
S 66. The criminal procedure law is amended by adding a new section
160.56 to read as follows:
S 160.56 CONDITIONAL SEALING OF CERTAIN CONVICTIONS FOR OFFENSES COMMIT-
TED BY A DEFENDANT TWENTY YEARS OF AGE OR YOUNGER OR BY A
DEFENDANT CONVICTED AS A JUVENILE OFFENDER.
1. WHEN A DEFENDANT IS CONVICTED, ON OR AFTER THE EFFECTIVE DATE OF
THIS SECTION, FOR ONE OR MORE ELIGIBLE OFFENSES, ALL OF WHICH WERE
COMMITTED AS PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDI-
A. 6006 88
VISION TWO OF SECTION 40.10 OF THIS CHAPTER WHICH OFFENSE OR OFFENSES
WERE COMMITTED WHEN HE OR SHE WAS TWENTY YEARS OF AGE OR YOUNGER AND THE
DEFENDANT HAD NO PRIOR CRIMINAL CONVICTIONS, THE COURT SHALL CERTIFY
UPON CONVICTION THAT THE DEFENDANT IS APPARENTLY ELIGIBLE FOR CONDI-
TIONAL SEALING AND SHALL SCHEDULE THE DEFENDANT'S CASE FOR REVIEW AT THE
EXPIRATION OF THE TIME PERIOD SET FORTH IN SUBDIVISION TWO OF THIS
SECTION. SUCH REVIEW SHALL NOT REQUIRE A MOTION OR APPEARANCE BY A
DEFENDANT. UPON THE EXPIRATION OF THE TIME PERIOD SET FORTH IN SUBDIVI-
SION TWO OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY
THAT THE CASE IS UNDER REVIEW. IF THE DISTRICT ATTORNEY DOES NOT PROVIDE
NOTICE OF OPPOSITION TO SEALING WITHIN FORTY-FIVE DAYS OF RECEIPT OF THE
NOTIFICATION AND THE COURT DETERMINES THAT THE DEFENDANT MEETS THE
CRITERIA FOR SEALING AS SET FORTH IN THIS SECTION, THE COURT SHALL ORDER
THAT THE RECORD BE CONDITIONALLY SEALED. IF THE DISTRICT ATTORNEY
OPPOSES SEALING, HE OR SHE SHALL NOTIFY THE COURT AND THE DEFENDANT OF
THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED, SUA SPONTE, OR
THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE DEFENDANT DOES
NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE COURT MUST PROVIDE
THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH NOTICE AND AN
OPPORTUNITY TO DISPUTE SUCH FINDING.
WHENEVER THE COURT DETERMINES THAT ALL CRITERIA FOR SEALING HAVE BEEN
SATISFIED AND ORDERS A RECORD CONDITIONALLY SEALED, THE CLERK OF THE
COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIM-
INAL JUSTICE SERVICES THAT THE CONVICTION OR CONVICTIONS SHALL BE CONDI-
TIONALLY SEALED. FOR PURPOSES OF THIS SECTION, AN ELIGIBLE OFFENSE IS
ANY MISDEMEANOR OR FELONY OTHER THAN A FELONY OFFENSE DEFINED IN ARTICLE
ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE
DEFINED IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE
DEFINED IN THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX
OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
2. AN ELIGIBLE OFFENSE MAY BE CONDITIONALLY SEALED ONLY:
(A) AFTER THE FOLLOWING TIME PERIODS HAVE ELAPSED:
(I) FOR A MISDEMEANOR, AT LEAST ONE YEAR HAS PASSED SINCE: THE ENTRY
OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL
DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION
IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL
DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDI-
TIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION,
THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
(II) FOR AN ELIGIBLE FELONY, OTHER THAN A FELONY CONVICTION AS A JUVE-
NILE OFFENDER AS DEFINED IN SUBDIVISION FORTY-TWO OF SECTION 1.20 OF
THIS CHAPTER, AT LEAST THREE YEARS HAVE PASSED SINCE: THE ENTRY OF THE
JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDITIONAL DISCHARGE
OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCARCERATION IMPOSED IN
CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, THE
COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL
DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, THE
DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONGEST; OR
(III) FOR A CONVICTION AS A JUVENILE OFFENDER, AS DEFINED IN SUBDIVI-
SION FORTY-TWO OF SECTION 1.20 OF THIS CHAPTER, AT LEAST FIVE YEARS HAVE
PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS
SENTENCED TO A CONDITIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING
A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF
PROBATION OR CONDITIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S
TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS
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SENTENCED TO INCARCERATION, THE DEFENDANT'S RELEASE FROM INCARCERATION,
WHICHEVER IS THE LONGEST; AND
(B) IF THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME.
(C) FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION, WHERE THE
DEFENDANT IS CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS
PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF
SECTION 40.10 OF THIS CHAPTER, THE LONGEST APPLICABLE TIME PERIOD SHALL
APPLY.
2-A. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE CHARGES
ARE PENDING FOR ANY OFFENSE.
2-B. NO RECORD SHALL BE SEALED PURSUANT TO THIS SECTION WHILE THE
DEFENDANT IS SUBJECT TO SUPERVISION BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION OR THE OFFICE OF CHILDREN AND FAMILY SERVICES.
UPON THE SUCCESSFUL COMPLETION OF SUCH SUPERVISION, IF THE TIME PERIODS
SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION HAVE
ELAPSED FROM THE DATE OF DEFENDANT'S RELEASE FROM INCARCERATION, THE
COURT SHALL ORDER THE RECORD CONDITIONALLY SEALED PURSUANT TO THE
PROVISIONS OF THIS SECTION.
3. WHEN A CONVICTION OR CONVICTIONS ARE SEALED PURSUANT TO THIS
SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROSE-
CUTION, AND CONVICTION, INCLUDING ALL DUPLICATES AND COPIES THEREOF, ON
FILE WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES OR ANY COURT SHALL
BE SEALED AND NOT MADE AVAILABLE TO ANY PERSON OR PUBLIC OR PRIVATE
AGENCY; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS,
PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME.
4. RECORDS SEALED PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO:
(A) THE DEFENDANT OR THE DEFENDANT'S DESIGNATED AGENT;
(B) QUALIFIED AGENCIES, AS DEFINED IN SUBDIVISION NINE OF SECTION
EIGHT HUNDRED THIRTY-FIVE OF THE EXECUTIVE LAW, AND FEDERAL AND STATE
LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW
ENFORCEMENT DUTIES;
(C) ANY STATE OR LOCAL OFFICER OR AGENCY WITH RESPONSIBILITY FOR THE
ISSUANCE OF LICENSES TO POSSESS GUNS, WHEN THE PERSON HAS MADE APPLICA-
TION FOR SUCH A LICENSE; OR
(D) ANY PROSPECTIVE EMPLOYER OF A POLICE OFFICER OR PEACE OFFICER AS
THOSE TERMS ARE DEFINED IN SUBDIVISIONS THIRTY-THREE AND THIRTY-FOUR OF
SECTION 1.20 OF THIS CHAPTER, IN RELATION TO AN APPLICATION FOR EMPLOY-
MENT AS A POLICE OFFICER OR PEACE OFFICER; PROVIDED, HOWEVER, THAT EVERY
PERSON WHO IS AN APPLICANT FOR THE POSITION OF POLICE OFFICER OR PEACE
OFFICER SHALL BE FURNISHED WITH A COPY OF ALL RECORDS OBTAINED UNDER
THIS PARAGRAPH AND AFFORDED AN OPPORTUNITY TO MAKE AN EXPLANATION THERE-
TO.
5. IF, SUBSEQUENT TO THE SEALING OF RECORDS PURSUANT TO THIS SECTION,
THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS IS ARRESTED FOR OR CHARGED
WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED
IMMEDIATELY AND REMAIN UNSEALED; PROVIDED, HOWEVER, THAT IF SUCH NEW
MISDEMEANOR OR FELONY ARREST RESULTS IN A TERMINATION IN FAVOR OF THE
ACCUSED AS DEFINED IN SUBDIVISION THREE OF SECTION 160.50 OF THIS ARTI-
CLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION
160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY
SEALED PURSUANT TO THIS SECTION.
6. A DEFENDANT WHO WAS CONVICTED OF ONE OR MORE ELIGIBLE OFFENSES,
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, ALL OF WHICH WERE COMMITTED
AS PART OF THE SAME CRIMINAL TRANSACTION AS DEFINED IN SUBDIVISION TWO
OF SECTION 40.10 OF THIS CHAPTER, MAY APPLY TO THE COURT OF CONVICTION,
ON AN APPLICATION PROMULGATED BY THE DIVISION OF CRIMINAL JUSTICE
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SERVICES, FOR THE CONDITIONAL SEALING OF SUCH CONVICTION OR CONVICTIONS
IF:
(A) THE OFFENSE OR OFFENSES WERE COMMITTED WHEN THE DEFENDANT WAS
TWENTY YEARS OF AGE OR YOUNGER; AND
(B) THE APPLICABLE TIME PERIODS SPECIFIED IN SUBDIVISION TWO OF THIS
SECTION HAVE ELAPSED; AND
(C) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME; AND
(D) NO CHARGES ARE PENDING FOR ANY CRIME.
THERE SHALL BE NO FEE ASSOCIATED WITH THIS APPLICATION AND NO PERSONAL
APPEARANCE BY THE DEFENDANT IS REQUIRED.
7. WHEN AN APPLICATION IS MADE FOR SEALING PURSUANT TO SUBDIVISION SIX
OF THIS SECTION, THE COURT SHALL NOTIFY THE DISTRICT ATTORNEY. IF THE
DISTRICT ATTORNEY DOES NOT PROVIDE NOTICE OF OPPOSITION TO SEALING WITH-
IN FORTY-FIVE DAYS OF RECEIPT OF THE APPLICATION AND THE COURT DETER-
MINES THAT THE DEFENDANT MEETS THE CRITERIA FOR SEALING SET FORTH IN
THIS SECTION, THE COURT SHALL ORDER THAT THE RECORD BE CONDITIONALLY
SEALED IN THE MANNER SET FORTH IN THIS SECTION AND NOTIFY THE DIVISION
OF CRIMINAL JUSTICE SERVICES OF THE SAME. IF THE DISTRICT ATTORNEY
OPPOSES SEALING, HE OR SHE SHALL NOTIFY THE COURT AND THE DEFENDANT OF
THE REASONS FOR OPPOSITION. IF THE COURT HAS DETERMINED, SUA SPONTE, OR
THE DISTRICT ATTORNEY HAS NOTIFIED THE COURT, THAT THE DEFENDANT DOES
NOT MEET THE CRITERIA FOR CONDITIONAL SEALING, THE COURT MUST PROVIDE
THE DEFENDANT, ON NOTICE TO THE DISTRICT ATTORNEY, WITH NOTICE AND AN
OPPORTUNITY TO DISPUTE SUCH FINDING.
8. NO DEFENDANT SHALL BE REQUIRED OR PERMITTED TO WAIVE ELIGIBILITY
FOR CONDITIONAL SEALING PURSUANT TO THIS SECTION AS PART OF A PLEA OF
GUILTY, SENTENCE OR ANY AGREEMENT RELATED TO A CONVICTION FOR AN ELIGI-
BLE OFFENSE AND ANY SUCH WAIVER SHALL BE DEEMED VOID AND WHOLLY UNEN-
FORCEABLE.
S 67. Paragraphs (a) and (b) of subdivision 3 and subdivision 5 of
section 180.75 of the criminal procedure law, paragraph (a) of subdivi-
sion 3 as added by chapter 481 of the laws of 1978, paragraph (b) of
subdivision 3 as amended by chapter 920 of the laws of 1982 and subdivi-
sion 5 as added by chapter 411 of the laws of 1979, are amended to read
as follows:
(a) If there is reasonable cause to believe that the defendant commit-
ted a crime for which a person under the age of [sixteen] EIGHTEEN is
criminally responsible, the court must order that the defendant be held
for the action of a grand jury of the appropriate superior court, and it
must promptly transmit to such superior court the order, the felony
complaint, the supporting depositions and all other pertinent documents.
Until such papers are received by the superior court, the action is
deemed to be still pending in the local criminal court; or
(b) If there is not reasonable cause to believe that the defendant
committed a crime for which a person under the age of [sixteen] EIGHTEEN
is criminally responsible but there is reasonable cause to believe that
the defendant is a "juvenile delinquent" as defined in subdivision one
of section 301.2 of the family court act, the court must specify the act
or acts it found reasonable cause to believe the defendant did and
direct that the action be removed to the family court in accordance with
the provisions of article seven hundred twenty-five of this chapter; or
5. Notwithstanding the provisions of subdivision two, three, or four,
if a currently undetermined felony complaint against a juvenile offender
is pending in a local criminal court, and the defendant has not waived a
hearing pursuant to subdivision two and a hearing pursuant to subdivi-
sion three has not commenced, the defendant may move in the superior
A. 6006 91
court which would exercise the trial jurisdiction of the offense or
offenses charged were an indictment therefor to result, to remove the
action to family court. The procedural rules of subdivisions one and two
of section 210.45 of this chapter are applicable to a motion pursuant to
this subdivision. Upon such motion, the superior court shall be author-
ized to sit as a local criminal court to exercise the preliminary juris-
diction specified in subdivisions two and three of this section, and
shall proceed and determine the motion as provided in section 210.43 of
this chapter[; provided, however, that the exception provisions of para-
graph (b) of subdivision one of such section 210.43 shall not apply when
there is not reasonable cause to believe that the juvenile offender
committed one or more of the crimes enumerated therein, and in such
event the provisions of paragraph (a) thereof shall apply].
S 68. Subdivisions (a), (b) and (c) of section 190.71 of the criminal
procedure law, subdivision (a) as amended by chapter 7 of the laws of
2007 and subdivisions (b) and (c) as added by chapter 481 of the laws of
1978, are amended to read as follows:
(a) Except as provided in subdivision six of section 200.20 of this
chapter, a grand jury may not indict (i) a person thirteen years of age
for any conduct or crime other than, WHERE PROSECUTION IS AUTHORIZED BY
LAW UNDER SECTION 726.05 OF THIS CHAPTER AND SECTION 325.5 OF THE FAMILY
COURT ACT, conduct constituting a crime defined in subdivisions one and
two of section 125.25 (murder in the second degree) or such conduct as a
sexually motivated felony, where authorized pursuant to section 130.91
of the penal law; (ii) a person fourteen [or], fifteen, SIXTEEN OR
SEVENTEEN years of age for any conduct or crime other than, WHERE PROSE-
CUTION IS AUTHORIZED BY LAW UNDER SECTION 726.05 OF THIS CHAPTER AND
SECTION 325.5 OF THE FAMILY COURT ACT, conduct constituting a crime
defined in subdivisions one and two of section 125.25 (murder in the
second degree) and in subdivision three of such section provided that
the underlying crime for the murder charge is one for which such person
is criminally responsible; 135.25 (kidnapping in the first degree);
150.20 (arson in the first degree); subdivisions one and two of section
120.10 (assault in the first degree); 125.20 (manslaughter in the first
degree); subdivisions one and two of section 130.35 (rape in the first
degree); subdivisions one and two of section 130.50 (criminal sexual act
in the first degree); 130.70 (aggravated sexual abuse in the first
degree); 140.30 (burglary in the first degree); subdivision one of
section 140.25 (burglary in the second degree); 150.15 (arson in the
second degree); 160.15 (robbery in the first degree); subdivision two of
section 160.10 (robbery in the second degree) of the penal law; [subdi-
vision four of section 265.02 of the penal law, where such firearm is
possessed on school grounds, as that phrase is defined in subdivision
fourteen of section 220.00 of the penal law;] or section 265.03 of the
penal law, where such machine gun or such firearm is possessed on school
grounds, as that phrase is defined in subdivision fourteen of section
220.00 of the penal law; or defined in the penal law as an attempt to
commit murder in the second degree or kidnapping in the first degree, or
such conduct as a sexually motivated felony, where authorized pursuant
to section 130.91 of the penal law; AND (III) A PERSON SIXTEEN OR SEVEN-
TEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN AS SPECIFIED IN
PARAGRAPH (II) OF THIS SUBDIVISION AND CONDUCT CONSTITUTING THE CRIMES
DEFINED IN SECTION 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL
POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST
DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON
IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR
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BIOLOGICAL WEAPON IN THE SECOND DEGREE); 135.25 (KIDNAPPING IN THE FIRST
DEGREE); 125.25 (MURDER IN THE SECOND DEGREE); 130.95 (PREDATORY SEXUAL
ASSAULT) OF THIS CHAPTER.
(b) A grand jury may vote to file a request to remove a charge to the
family court if it finds that a person thirteen, fourteen [or], fifteen,
SIXTEEN OR SEVENTEEN years of age did an act which, if done by a person
over the age of [sixteen] EIGHTEEN, would constitute a crime provided
(1) such act is one for which it may not indict; (2) it does not indict
such person for a crime; and (3) the evidence before it is legally
sufficient to establish that such person did such act and competent and
admissible evidence before it provides reasonable cause to believe that
such person did such act.
(c) Upon voting to remove a charge to the family court pursuant to
subdivision (b) of this section, the grand jury must, through its fore-
man or acting foreman, file a request to transfer such charge to the
family court. Such request shall be filed with the court by which it was
impaneled. It must (1) allege that a person named therein did any act
which, if done by a person over the age of [sixteen] EIGHTEEN, would
constitute a crime; (2) specify the act and the time and place of its
commission; and (3) be signed by the foreman or the acting foreman.
S 69. Subdivision 6 of section 200.20 of the criminal procedure law,
as added by chapter 136 of the laws of 1980, is amended to read as
follows:
6. Where an indictment charges at least one offense against a defend-
ant who was under the age of [sixteen] EIGHTEEN at the time of the
commission of the crime and who did not lack criminal responsibility for
such crime by reason of infancy, the indictment may, in addition, charge
in separate counts one or more other offenses for which such person
would not have been criminally responsible by reason of infancy, if:
(a) the offense for which the defendant is criminally responsible and
the one or more other offenses for which he would not have been crimi-
nally responsible by reason of infancy are based upon the same act or
upon the same criminal transaction, as that term is defined in subdivi-
sion two of section 40.10 of this chapter; or
(b) the offenses are of such nature that either proof of the first
offense would be material and admissible as evidence in chief upon a
trial of the second, or proof of the second would be material and admis-
sible as evidence in chief upon a trial of the first.
S 70. Subdivision 5 of section 210.20 of the criminal procedure law,
as added by chapter 136 of the laws of 1980, is amended to read as
follows:
5. If the court dismisses one or more counts of an indictment, against
a defendant who was under the age of [sixteen] EIGHTEEN at the time of
the commission of the crime and who did not lack criminal responsibility
for such crime by reason of infancy, and one or more other counts of the
indictment having been joined in the indictment solely with the
dismissed count pursuant to subdivision six of section 200.20 is not
dismissed, the court must direct that such count be removed to the fami-
ly court in accordance with article seven hundred twenty-five of this
chapter.
S 71. Paragraph (b) of subdivision 1 of section 210.43 of the criminal
procedure law, as amended by chapter 264 of the laws of 2003, is amended
to read as follows:
(b) [with the consent of the district attorney,] order removal of an
action involving an indictment charging a juvenile offender with murder
in the second degree as defined in section 125.25 of the penal law; rape
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in the first degree, as defined in subdivision one of section 130.35 of
the penal law; criminal sexual act in the first degree, as defined in
subdivision one of section 130.50 of the penal law; or an armed felony
as defined in paragraph (a) of subdivision forty-one of section 1.20, to
the family court pursuant to the provisions of article seven hundred
twenty-five of this chapter if the court finds one or more of the
following factors: (i) mitigating circumstances that bear directly upon
the manner in which the crime was committed; (ii) where the defendant
was not the sole participant in the crime, the defendant's participation
was relatively minor although not so minor as to constitute a defense to
the prosecution; or (iii) possible deficiencies in the proof of the
crime, and, after consideration of the factors set forth in subdivision
two of this section, the court determined that removal of the action to
the family court would be in the interests of justice.
S 72. Subparagraphs (i), (iii) and the second undesignated paragraph
of paragraph (g) of subdivision 5 of section 220.10 of the criminal
procedure law, subparagraph (i) as amended by chapter 410 of the laws of
1979, subparagraph (iii) as amended by chapter 264 of the laws of 2003
and the second undesignated paragraph as amended by chapter 920 of the
laws of 1982, are amended to read as follows:
(i) If the indictment charges a person fourteen [or], fifteen, SIXTEEN
OR SEVENTEEN years old with the crime of murder in the second degree any
plea of guilty entered pursuant to subdivision three or four must be a
plea of guilty of a crime for which the defendant is criminally respon-
sible;
(iii) Where the indictment does not charge a crime specified in
subparagraph (i) of this paragraph, the district attorney may recommend
removal of the action to the family court. Upon making such recommenda-
tion the district attorney shall submit a subscribed memorandum setting
forth: (1) a recommendation that the interests of justice would best be
served by removal of the action to the family court; and (2) if the
indictment charges a thirteen year old with the crime of murder in the
second degree, or a fourteen [or], fifteen, SIXTEEN OR SEVENTEEN year
old with the crimes of rape in the first degree as defined in subdivi-
sion one of section 130.35 of the penal law, or criminal sexual act in
the first degree as defined in subdivision one of section 130.50 of the
penal law, or an armed felony as defined in paragraph (a) of subdivision
forty-one of section 1.20 of this chapter specific factors, one or more
of which reasonably supports the recommendation, showing, (i) mitigating
circumstances that bear directly upon the manner in which the crime was
committed, or (ii) where the defendant was not the sole participant in
the crime, that the defendant's participation was relatively minor
although not so minor as to constitute a defense to the prosecution, or
(iii) possible deficiencies in proof of the crime, or (iv) where the
juvenile offender has no previous adjudications of having committed a
designated felony act, as defined in subdivision eight of section 301.2
of the family court act, regardless of the age of the offender at the
time of commission of the act, that the criminal act was not part of a
pattern of criminal behavior and, in view of the history of the offen-
der, is not likely to be repeated.
If the court is of the opinion [based on specific factors set forth in
the district attorney's memorandum] that the interests of justice would
best be served by removal of the action to the family court, a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of this
section, except that a thirteen year old charged with the crime of
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murder in the second degree may only plead to a designated felony act,
as defined in subdivision eight of section 301.2 of the family court
act.
S 73. Subdivision 5 of section 300.50 of the criminal procedure law,
as added by chapter 481 of the laws of 1978, is amended to read as
follows:
5. Where the indictment charges a crime committed by the defendant
while he OR SHE was under the age of [sixteen] EIGHTEEN but a lesser
included offense would be one for which the defendant is not criminally
responsible by reason of infancy, such lessor included offense may
nevertheless be submitted to the jury in the same manner as an offense
for which the defendant would be criminally responsible notwithstanding
the fact that a verdict of guilty would not result in a criminal
conviction.
S 74. Section 330.25 of the criminal procedure law, as added by chap-
ter 481 of the laws of 1978, and subdivision 2 as amended by chapter 920
of the laws of 1982, is amended to read as follows:
S 330.25 Removal after verdict.
1. Where a defendant is a juvenile offender who does not stand
convicted of murder in the second degree, upon motion [and with the
consent of the district attorney], the action may be removed to the
family court in the interests of justice pursuant to article seven
hundred twenty-five of this chapter notwithstanding the verdict.
2. [If the district attorney consents to the motion for removal pursu-
ant to this section, he shall file a subscribed memorandum with the
court setting forth (1) a recommendation that] IN DETERMINING THE
MOTION, THE COURT SHALL CONSIDER: (1) WHETHER the interests of justice
would best be served by removal of the action to the family court; and
(2) if the conviction is of an offense set forth in paragraph (b) of
subdivision one of section 210.43 of this chapter, WHETHER specific
factors EXIST, one or more of which reasonably [support] SUPPORTS the
[recommendation] MOTION, showing, (i) mitigating circumstances that bear
directly upon the manner in which the crime was committed, or (ii) where
the defendant was not the sole participant in the crime, that the
defendant's participation was relatively minor although not so minor as
to constitute a defense to prosecution, or (iii) where the juvenile
offender has no previous adjudications of having committed a designated
felony act, as defined in subdivision eight of section 301.2 of the
family court act, regardless of the age of the offender at the time of
commission of the act, that the criminal act was not part of a pattern
of criminal behavior and, in view of the history of the offender, is not
likely to be repeated.
3. If the court is of the opinion, based upon the specific factors
[set forth in the district attorney's memorandum] SHOWN TO THE COURT,
that the interests of justice would best be served by removal of the
action to the family court, the verdict shall be set aside and a plea of
guilty of a crime or act for which the defendant is not criminally
responsible may be entered pursuant to subdivision three or four of
section 220.10 of this chapter. Upon accepting any such plea, the court
must specify upon the record the [portion or portions of the district
attorney's statement] FACTORS the court is relying upon as the basis of
its opinion and that it believes the interests of justice would best be
served by removal of the proceeding to the family court. Such plea
shall then be deemed to be a juvenile delinquency fact determination and
the court upon entry thereof must direct that the action be removed to
A. 6006 95
the family court in accordance with the provisions of article seven
hundred twenty-five of this chapter.
S 75. Subdivision 2 of section 410.40 of the criminal procedure law,
as amended by chapter 652 of the laws of 2008 is amended to read as
follows:
2. Warrant. (A) Where the probation officer has requested that a
probation warrant be issued, the court shall, within seventy-two hours
of its receipt of the request, issue or deny the warrant or take any
other lawful action including issuance of a notice to appear pursuant to
subdivision one of this section. If at any time during the period of a
sentence of probation or of conditional discharge the court has reason-
able grounds to believe that the defendant has violated a condition of
the sentence, the court may issue a warrant to a police officer or to an
appropriate peace officer directing him or her to take the defendant
into custody and bring the defendant before the court without unneces-
sary delay; provided, however, if the court in which the warrant is
returnable is a superior court, and such court is not available, and the
warrant is addressed to a police officer or appropriate probation offi-
cer certified as a peace officer, such executing officer may UNLESS
OTHERWISE SPECIFIED UNDER PARAGRAPH (B) OF THIS SECTION, bring the
defendant to the local correctional facility of the county in which such
court sits, to be detained there until not later than the commencement
of the next session of such court occurring on the next business day; or
if the court in which the warrant is returnable is a local criminal
court, and such court is not available, and the warrant is addressed to
a police officer or appropriate probation officer certified as a peace
officer, such executing officer must without unnecessary delay bring the
defendant before an alternate local criminal court, as provided in
subdivision five of section 120.90 of this chapter. A court which issues
such a warrant may attach thereto a summary of the basis for the
warrant. In any case where a defendant arrested upon the warrant is
brought before a local criminal court other than the court in which the
warrant is returnable, such local criminal court shall consider such
summary before issuing a securing order with respect to the defendant.
(B) IF THE COURT IN WHICH THE WARRANT IS RETURNABLE IS A SUPERIOR
COURT, AND SUCH COURT IS NOT AVAILABLE, AND THE WARRANT IS ADDRESSED TO
A POLICE OFFICER OR APPROPRIATE PROBATION OFFICER CERTIFIED AS A PEACE
OFFICER, SUCH EXECUTING OFFICER SHALL, WHERE A DEFENDANT IS SEVENTEEN
YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS AN OFFENSE OR A VIOLATION
OF HIS OR HER PROBATION OR CONDITIONAL DISCHARGE IMPOSED FOR AN OFFENSE,
BRING THE DEFENDANT TO A JUVENILE DETENTION FACILITY, TO BE DETAINED
THERE UNTIL NOT LATER THAN THE COMMENCEMENT OF THE NEXT SESSION OF SUCH
COURT OCCURRING ON THE NEXT BUSINESS DAY.
S 76. Section 410.60 of the criminal procedure law, as amended by
chapter 652 of the laws of 2008, is amended to read as follows:
S 410.60 Appearance before court.
(A) A person who has been taken into custody pursuant to section
410.40 or section 410.50 of this article for violation of a condition of
a sentence of probation or a sentence of conditional discharge must
forthwith be brought before the court that imposed the sentence. Where a
violation of probation petition and report has been filed and the person
has not been taken into custody nor has a warrant been issued, an
initial court appearance shall occur within ten business days of the
court's issuance of a notice to appear. If the court has reasonable
cause to believe that such person has violated a condition of the
sentence, it may commit him OR HER to the custody of the sheriff or fix
A. 6006 96
bail or release such person on his OR HER own recognizance for future
appearance at a hearing to be held in accordance with section 410.70 of
this article. If the court does not have reasonable cause to believe
that such person has violated a condition of the sentence, it must
direct that he OR SHE be released.
(B) A JUVENILE OFFENDER WHO HAS BEEN TAKEN INTO CUSTODY PURSUANT TO
SECTION 410.40 OR SECTION 410.50 OF THIS ARTICLE FOR VIOLATION OF A
CONDITION OF A SENTENCE OF PROBATION OR A SENTENCE OF CONDITIONAL
DISCHARGE MUST FORTHWITH BE BROUGHT BEFORE THE COURT THAT IMPOSED THE
SENTENCE. WHERE A VIOLATION OF PROBATION PETITION AND REPORT HAS BEEN
FILED AND THE PERSON HAS NOT BEEN TAKEN INTO CUSTODY NOR HAS A WARRANT
BEEN ISSUED, AN INITIAL COURT APPEARANCE SHALL OCCUR WITHIN TEN BUSINESS
DAYS OF THE COURT'S ISSUANCE OF A NOTICE TO APPEAR. IF THE COURT HAS
REASONABLE CAUSE TO BELIEVE THAT SUCH PERSON HAS VIOLATED A CONDITION OF
THE SENTENCE, IT MAY COMMIT HIM OR HER TO THE CUSTODY OF THE SHERIFF OR
FIX BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR
FUTURE APPEARANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION
410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHOR-
IZE A JUVENILE TO BE DETAINED FOR A VIOLATION OF A CONDITION THAT WOULD
NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETER-
MINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT THREAT TO PUBLIC
SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (II) THE
JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD CONSTITUTE A VIOLENT
FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW IF COMMITTED BY AN
ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT
SUCCESS. IF THE COURT DOES NOT HAVE REASONABLE CAUSE TO BELIEVE THAT
SUCH PERSON HAS VIOLATED A CONDITION OF THE SENTENCE, IT MUST DIRECT
THAT THE JUVENILE BE RELEASED.
S 77. Subdivision 5 of section 410.70 of the criminal procedure law,
as amended by chapter 17 of the laws of 2014, is amended to read as
follows:
5. Revocation; modification; continuation. (A) At the conclusion of
the hearing the court may revoke, continue or modify the sentence of
probation or conditional discharge. Where the court revokes the
sentence, it must impose sentence as specified in subdivisions three and
four of section 60.01 of the penal law. Where the court continues or
modifies the sentence, it must vacate the declaration of delinquency and
direct that the defendant be released. If the alleged violation is
sustained and the court continues or modifies the sentence, it may
extend the sentence up to the period of interruption specified in subdi-
vision two of section 65.15 of the penal law, but any time spent in
custody in any correctional institution OR JUVENILE DETENTION FACILITY
pursuant to section 410.40 OR 410.60 of this article shall be credited
against the term of the sentence. Provided further, where the alleged
violation is sustained and the court continues or modifies the sentence,
the court may also extend the remaining period of probation up to the
maximum term authorized by section 65.00 of the penal law. Provided,
however, a defendant shall receive credit for the time during which he
or she was supervised under the original probation sentence prior to any
declaration of delinquency and for any time spent in custody pursuant to
this article for an alleged violation of probation.
(B) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, NOTHING HEREIN
SHALL AUTHORIZE THE PLACEMENT OF A JUVENILE FOR A VIOLATION OF A CONDI-
TION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS
THE COURT DETERMINES (I) THAT THE JUVENILE POSES A SPECIFIC IMMINENT
THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE
A. 6006 97
RECORD OR (II) THE JUVENILE IS ON PROBATION FOR AN ACT THAT WOULD
CONSTITUTE A VIOLENT FELONY AS DEFINED IN SECTION 70.02 OF THE PENAL LAW
IF COMMITTED BY AN ADULT AND THE USE OF GRADUATED SANCTIONS HAS BEEN
EXHAUSTED WITHOUT SUCCESS.
S 78. Section 510.15 of the criminal procedure law, as amended by
chapter 411 of the laws of 1979, subdivision 1 as designated and subdi-
vision 2 as added by chapter 359 of the laws of 1980, is amended to read
as follows:
S 510.15 Commitment of principal under [sixteen] EIGHTEEN.
1. When a principal who is (A) under the age of [sixteen] EIGHTEEN, is
committed to the custody of the sheriff the court must direct that the
principal be taken to and lodged in a place certified by the [state
division for youth] OFFICE OF CHILDREN AND FAMILY SERVICES as a juvenile
detention facility for the reception of children. Where such a direc-
tion is made the sheriff shall deliver the principal in accordance ther-
ewith and such person shall although lodged and cared for in a juvenile
detention facility continue to be deemed to be in the custody of the
sheriff. No principal under the age [of sixteen] SPECIFIED to whom the
provisions of this section may apply shall be detained in any prison,
jail, lockup, or other place used for adults convicted of a crime or
under arrest and charged with the commission of a crime without the
approval of the [state division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES in the case of each principal and the statement of its reasons
therefor. The sheriff shall not be liable for any acts done to or by
such principal resulting from negligence in the detention of and care
for such principal, when the principal is not in the actual custody of
the sheriff.
2. Except upon consent of the defendant or for good cause shown, in
any case in which a new securing order is issued for a principal previ-
ously committed to the custody of the sheriff pursuant to this section,
such order shall further direct the sheriff to deliver the principal
from a juvenile detention facility to the person or place specified in
the order.
S 79. Subdivision 1 of section 720.10 of the criminal procedure law,
as amended by chapter 411 of the laws of 1979, is amended to read as
follows:
1. "Youth" means a person charged with a crime alleged to have been
committed when he OR SHE was at least [sixteen] EIGHTEEN years old and
less than [nineteen] TWENTY-ONE years old or a person charged with being
a juvenile offender as defined in subdivision forty-two of section 1.20
of this chapter.
S 80. Subdivision 3 of section 720.15 of the criminal procedure law,
as amended by chapter 774 of the laws of 1985, is amended to read as
follows:
3. The provisions of subdivisions one and two of this section requir-
ing or authorizing the accusatory instrument filed against a youth to be
sealed, and the arraignment and all proceedings in the action to be
conducted in private shall not apply in connection with a pending charge
of committing any [felony] SEX offense as defined in the penal law. [The
provisions of subdivision one requiring the accusatory instrument filed
against a youth to be sealed shall not apply where such youth has previ-
ously been adjudicated a youthful offender or convicted of a crime.]
S 81. Subdivision 1 of section 720.20 of the criminal procedure law,
as amended by chapter 652 of the laws of 1974, is amended to read as
follows:
A. 6006 98
1. Upon conviction of an eligible youth, the court must order a pre-
sentence investigation of the defendant. After receipt of a written
report of the investigation and at the time of pronouncing sentence the
court must determine whether or not the eligible youth is a youthful
offender. Such determination shall be in accordance with the following
criteria:
(a) If in the opinion of the court the interest of justice would be
served by relieving the eligible youth from the onus of a criminal
record and by not imposing an indeterminate term of imprisonment of more
than four years, the court may, in its discretion, find the eligible
youth is a youthful offender; [and]
(b) Where the conviction is had in a local criminal court and the
eligible youth had not prior to commencement of trial or entry of a plea
of guilty been convicted of a crime or found a youthful offender, the
court must find he is a youthful offender[.]; AND
(C) THERE SHALL BE A PRESUMPTION TO GRANT YOUTHFUL OFFENDER STATUS TO
AN ELIGIBLE YOUTH WHO HAS NOT PREVIOUSLY BEEN CONVICTED AND SENTENCED OR
ADJUDICATED FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH
NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON AND HIS OR HER ATTORNEY
DEMONSTRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF
JUSTICE REQUIRE OTHERWISE.
S 82. Subdivision 1 of section 720.35 of the criminal procedure law,
as amended by chapter 402 of the laws of 2014, is amended to read as
follows:
1. A youthful offender adjudication is not a judgment of conviction
for a crime or any other offense, and does not operate as a disquali-
fication of any person so adjudged to hold public office or public
employment or to receive any license granted by public authority but
shall be deemed a conviction only for the purposes of transfer of super-
vision and custody pursuant to section two hundred [fifty-nine-m]
FIFTY-NINE-MM of the executive law. A defendant for whom a youthful
offender adjudication was substituted, who was originally charged with
prostitution as defined in section 230.00 of the penal law or loitering
for the purposes of prostitution as defined in subdivision two of
section 240.37 of the penal law provided that the person does not stand
charged with loitering for the purpose of patronizing a prostitute, for
an offense allegedly committed when he or she was sixteen or seventeen
years of age, shall be deemed a "sexually exploited child" as defined in
subdivision one of section four hundred forty-seven-a of the social
services law and therefore shall not be considered an adult for purposes
related to the charges in the youthful offender proceeding or a proceed-
ing under section 170.80 of this chapter.
S 83. Paragraph (f) of subdivision 2 of section 725.20 of the criminal
procedure law is REPEALED and paragraph (g) is relettered paragraph (f).
S 84. Paragraph (e) of subdivision 2 of section 725.20 of the criminal
procedure law, as amended by chapter 411 of the laws of 1979, is amended
to read as follows:
(e) Where the direction is one authorized by subdivision one of
section 210.43 of this chapter, a copy of that portion of the minutes
containing the statement by the court pursuant to paragraph [(a)] A of
subdivision five of section 210.43; AND
S 85. The criminal procedure law is amended by adding a new article
726 to read as follows:
ARTICLE 726
REMOVAL OF PROCEEDINGS AGAINST AN ALLEGED
JUVENILE DELINQUENT FROM FAMILY COURT TO A SUPERIOR COURT
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SECTION 726.00 APPLICABILITY.
726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
S 726.00 APPLICABILITY.
THE PROVISIONS OF THIS ARTICLE APPLY IN ANY CASE WHERE A COURT DIRECTS
THAT AN ACTION OR CHARGE BROUGHT BY A JUVENILE DELINQUENCY PETITION,
PURSUANT TO ARTICLE THREE OF THE FAMILY COURT ACT, AGAINST A JUVENILE
OFFENDER WHO WAS THIRTEEN, FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF
SUCH OFFENSE, IS TO BE REMOVED FROM FAMILY COURT TO A SUPERIOR CRIMINAL
COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT ACT.
S 726.05 FILING OF ORDER OF REMOVAL AND PROCEEDINGS THEREON.
1. WHEN A FAMILY COURT DIRECTS THAT AN ACTION OR CHARGE BROUGHT
AGAINST A JUVENILE OFFENDER BY A JUVENILE DELINQUENCY PETITION PURSUANT
TO ARTICLE THREE OF THE FAMILY COURT ACT BE REMOVED FROM FAMILY COURT TO
A SUPERIOR CRIMINAL COURT PURSUANT TO SECTION 325.5 OF THE FAMILY COURT
ACT, THE DISTRICT ATTORNEY WHO REQUESTED SUCH REMOVAL SHALL PROMPTLY
FILE SUCH REMOVAL ORDER AND THE APPROPRIATE CHARGING DOCUMENTS WITH THE
SUPERIOR CRIMINAL COURT THAT WOULD EXERCISE TRIAL JURISDICTION OVER SUCH
OFFENSE OR OFFENSES WERE AN INDICTMENT THEREFOR TO RESULT.
2. FOLLOWING THE GRANTING OF SUCH AN ORDER OF REMOVAL, THE JUVENILE
SHALL BE BROUGHT FORTHWITH AND WITH ALL REASONABLE SPEED BEFORE THE
APPROPRIATE SUPERIOR CRIMINAL COURT FOR APPROPRIATE PROCEEDINGS. FOR
PURPOSES OF THIS SECTION, A JUDGE OR JUSTICE OF A SUPERIOR COURT SHALL
PRESIDE OVER SUCH PROCEEDINGS AS SUCH A JUDGE OR JUSTICE OF THE SUPERIOR
CRIMINAL COURT, OR AS A LOCAL CRIMINAL COURT, AS APPROPRIATE.
3. THE SUPERIOR CRIMINAL COURT MUST ASSUME JURISDICTION AND PROCEED AS
THE CIRCUMSTANCES REQUIRE, IN THE MANNER AND TO THE EXTENT PROVIDED BY
LAW.
4. UPON THE FILING OF AN ORDER OF REMOVAL IN THE SUPERIOR CRIMINAL
COURT, THE FAMILY COURT ARTICLE THREE ACTION UPON WHICH THE ORDER IS
BASED SHALL BE TERMINATED AND THERE SHALL BE NO FURTHER PROCEEDINGS IN
THE FAMILY COURT WITH RESPECT TO THE OFFENSE, UNLESS SUCH ACTION IS
REMOVED BACK TO THE FAMILY COURT IN ACCORDANCE WITH THE PROVISIONS OF
ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER. ALL FURTHER
PROCEEDINGS INCLUDING MOTIONS AND APPEALS SHALL BE IN ACCORDANCE WITH
LAWS APPERTAINING TO THE CRIMINAL COURT AND FOR THIS PURPOSE ALL FIND-
INGS, DETERMINATIONS, VERDICTS AND ORDERS, OTHER THAN THE ORDER OF
REMOVAL, SHALL BE DEEMED TO HAVE BEEN MADE BY THE SUPERIOR CRIMINAL
COURT.
S 86. Subdivision 1 of section 500-a of the correction law is amended
by adding a new paragraph (h) to read as follows:
(H) NOTWITHSTANDING ANY OTHER PROVISION OF LAW NO COUNTY JAIL SHALL BE
USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN.
PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSU-
ANT TO THIS SUBDIVISION SHALL BE DETERMINED BY THE OFFICE OF CHILDREN
AND FAMILY SERVICES.
S 87. Subdivision 4 of section 500-b of the correction law is
REPEALED.
S 88. Subparagraph 3 of paragraph (c) of subdivision 8 of section
500-b of the correction law is REPEALED.
S 89. Subdivision 13 of section 500-b of the correction law is
REPEALED.
S 90. Subparagraph 1 of paragraph d of subdivision 3 of section 3214
of the education law, as amended by chapter 425 of the laws of 2002, is
amended to read as follows:
(1) Consistent with the federal gun-free schools act, any public
school pupil who is determined under this subdivision to have brought a
A. 6006 100
firearm to or possessed a firearm at a public school shall be suspended
for a period of not less than one calendar year and any nonpublic school
pupil participating in a program operated by a public school district
using funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined under this subdivision to have
brought a firearm to or possessed a firearm at a public school or other
premises used by the school district to provide such programs shall be
suspended for a period of not less than one calendar year from partic-
ipation in such program. The procedures of this subdivision shall apply
to such a suspension of a nonpublic school pupil. A superintendent of
schools, district superintendent of schools or community superintendent
shall have the authority to modify this suspension requirement for each
student on a case-by-case basis. The determination of a superintendent
shall be subject to review by the board of education pursuant to para-
graph c of this subdivision and the commissioner pursuant to section
three hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student with a disability in
violation of the individuals with disabilities education act or article
eighty-nine of this chapter. A superintendent shall refer the pupil
under the age of [sixteen] EIGHTEEN who has been determined to have
brought a weapon or firearm to school in violation of this subdivision
to a presentment agency for a juvenile delinquency proceeding consistent
with article three of the family court act except a student [fourteen or
fifteen years of age] who qualifies for juvenile offender status under
subdivision forty-two of section 1.20 of the criminal procedure law. A
superintendent shall refer any pupil [sixteen] EIGHTEEN years of age or
older or a student [fourteen or fifteen years of age] who qualifies for
juvenile offender status under subdivision forty-two of section 1.20 of
the criminal procedure law, who has been determined to have brought a
weapon or firearm to school in violation of this subdivision to the
appropriate law enforcement officials.
S 91. Paragraph b of subdivision 4 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended to read
as follows:
b. The school authorities may institute proceedings before a court
having jurisdiction to determine the liability of a person in parental
relation to contribute towards the maintenance of a school delinquent
under [sixteen] SEVENTEEN years of age ordered to attend upon instruc-
tion under confinement. If the court shall find the person in parental
relation able to contribute towards the maintenance of such a minor, it
may issue an order fixing the amount to be paid weekly.
S 92. Subdivisions 3 and 4 of section 246 of the executive law, as
amended by section 10 of part D of chapter 56 of the laws of 2010, are
amended to read as follows:
3. Applications from counties or the city of New York for state aid
under this section shall be made by filing with the division of criminal
justice services, a detailed plan, including cost estimates covering
probation services for the fiscal year or portion thereof for which aid
is requested. Included in such estimates shall be clerical costs and
maintenance and operation costs as well as salaries of probation person-
nel, FAMILY ENGAGEMENT SPECIALISTS and such other pertinent information
as the commissioner of the division of criminal justice services may
require. Items for which state aid is requested under this section shall
be duly designated in the estimates submitted. The commissioner of the
division of criminal justice services, after consultation with the state
probation commission and the director of the office of probation and
A. 6006 101
correctional alternatives, shall approve such plan if it conforms to
standards relating to the administration of probation services as speci-
fied in the rules adopted by him or her.
4. A. An approved plan and compliance with standards relating to the
administration of probation services promulgated by the commissioner of
the division of criminal justice services shall be a prerequisite to
eligibility for state aid.
The commissioner of the division of criminal justice services may take
into consideration granting additional state aid from an appropriation
made for state aid for county probation services for counties or the
city of New York when a county or the city of New York demonstrates that
additional probation services were dedicated to intensive supervision
programs[,] AND intensive programs for sex offenders [or programs
defined as juvenile risk intervention services]. THE COMMISSIONER SHALL
GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE
RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPARTMENTS WHICH
SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER
ARTICLE THREE OF THE FAMILY COURT ACT OR ARTICLE SEVEN HUNDRED
TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. The administration of such
additional grants shall be made according to rules and regulations
promulgated by the commissioner of the division of criminal justice
services. Each county and the city of New York shall certify the total
amount collected pursuant to section two hundred fifty-seven-c of this
chapter. The commissioner of the division of criminal justice services
shall thereupon certify to the comptroller for payment by the state out
of funds appropriated for that purpose, the amount to which the county
or the city of New York shall be entitled under this section. THE
COMMISSIONER SHALL, SUBJECT TO AN APPROPRIATION MADE AVAILABLE FOR SUCH
PURPOSE, ESTABLISH AND PROVIDE FUNDING TO PROBATION DEPARTMENTS FOR A
CONTINUUM OF EVIDENCE-BASED INTERVENTION SERVICES FOR YOUTH ALLEGED OR
ADJUDICATED JUVENILE DELINQUENTS PURSUANT TO ARTICLE THREE OF THE FAMILY
COURT ACT.
B. ADDITIONAL STATE AID SHALL BE MADE IN AN AMOUNT NECESSARY TO PAY
ONE HUNDRED PERCENT OF THE EXPENDITURES FOR EVIDENCE-BASED PRACTICES AND
JUVENILE RISK AND EVIDENCE-BASED INTERVENTION SERVICES PROVIDED TO YOUTH
AGED SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHER-
WISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS
OF TWO THOUSAND FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION.
S 93. The executive law is amended by adding a new section 259-p to
read as follows:
S 259-P. INTERSTATE DETENTION. (1) (A) NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED
FIFTY-NINE-MM OF THIS CHAPTER, MAY BE DETAINED AS AUTHORIZED BY THE
INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION.
(B) A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY,
EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION.
(C) A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY
COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION SHALL BE
DETAINED IN A JUVENILE DETENTION FACILITY.
S 94. Subdivision 16 of section 296 of the executive law, as separate-
ly amended by section 3 of part N and section 14 of part AAA of chapter
56 of the laws of 2009, is amended to read as follows:
16. It shall be an unlawful discriminatory practice, unless specif-
ically required or permitted by statute, for any person, agency, bureau,
corporation or association, including the state and any political subdi-
vision thereof, to make any inquiry about, whether in any form of appli-
A. 6006 102
cation or otherwise, or to act upon adversely to the individual
involved, any arrest or criminal accusation of such individual not then
pending against that individual which was followed by a termination of
that criminal action or proceeding in favor of such individual, as
defined in subdivision two of section 160.50 of the criminal procedure
law, or by a youthful offender adjudication, as defined in subdivision
one of section 720.35 of the criminal procedure law, or by a conviction
for a violation sealed pursuant to section 160.55 of the criminal proce-
dure law or by a conviction which is sealed pursuant to [section]
SECTIONS 160.56 OR 160.58 of the criminal procedure law, in connection
with the licensing, employment or providing of credit or insurance to
such individual; provided, further, that no person shall be required to
divulge information pertaining to any arrest or criminal accusation of
such individual not then pending against that individual which was
followed by a termination of that criminal action or proceeding in favor
of such individual, as defined in subdivision two of section 160.50 of
the criminal procedure law, or by a youthful offender adjudication, as
defined in subdivision one of section 720.35 of the criminal procedure
law, or by a conviction for a violation sealed pursuant to section
160.55 of the criminal procedure law, or by a conviction which is sealed
pursuant to [section] SECTIONS 160.56 OR 160.58 of the criminal proce-
dure law. The provisions of this subdivision shall not apply to the
licensing activities of governmental bodies in relation to the regu-
lation of guns, firearms and other deadly weapons or in relation to an
application for employment as a police officer or peace officer as those
terms are defined in subdivisions thirty-three and thirty-four of
section 1.20 of the criminal procedure law; provided further that the
provisions of this subdivision shall not apply to an application for
employment or membership in any law enforcement agency with respect to
any arrest or criminal accusation which was followed by a youthful
offender adjudication, as defined in subdivision one of section 720.35
of the criminal procedure law, or by a conviction for a violation sealed
pursuant to section 160.55 of the criminal procedure law, or by a
conviction which is sealed pursuant to [section] SECTIONS 160.56 OR
160.58 of the criminal procedure law.
S 95. Section 502 of the executive law, as added by chapter 465 of the
laws of 1992, subdivision 3 as amended by section 1 of subpart B of part
Q of chapter 58 of the laws of 2011, is amended to read as follows:
S 502. Definitions. Unless otherwise specified in this article:
1. "Director" means the [director of the division for youth] COMMIS-
SIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES.
2. "Division", "OFFICE" OR "DIVISION FOR YOUTH" means the [division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
3. "Detention" means the temporary care and maintenance of youth held
away from their homes pursuant to article three or seven of the family
court act, or held pending a hearing for alleged violation of the condi-
tions of release from an office of children and family services facility
or authorized agency, or held pending a hearing for alleged violation of
the condition of parole as a juvenile offender, or held pending return
to a jurisdiction other than the one in which the youth is held, or held
pursuant to a securing order of a criminal court if the youth named
therein as principal is charged as a juvenile offender or held pending a
hearing on an extension of placement or held pending transfer to a
facility upon commitment or placement by a court. Only alleged or
convicted juvenile offenders who have not attained their [eighteenth]
A. 6006 103
TWENTY-FIRST birthday shall be subject to detention in a detention
facility.
4. For purposes of this article, the term "youth" shall [be synonymous
with the term "child" and means] MEAN a person not less than [seven] TEN
years of age and not more than [twenty] TWENTY-THREE years of age.
5. "Placement" means the transfer of a youth to the custody of the
[division] OFFICE pursuant to the family court act.
6. "Commitment" means the transfer of a youth to the custody of the
[division] OFFICE pursuant to the penal law.
7. "Conditional release" means the transfer of a youth from facility
status to aftercare supervision under the continued custody of the
[division] OFFICE.
8. "Discharge" means the termination of [division] OFFICE custody of a
youth.
9. "Aftercare" means supervision of a youth on conditional release
status under the continued custody of the division.
S 96. Subdivision 7 of section 503 of the executive law, as amended by
section 2 of subpart B of part Q of chapter 58 of the laws of 2011, is
amended to read as follows:
7. The person in charge of each detention facility shall keep a record
of all time spent in such facility for each youth in care. The detention
facility shall deliver a certified transcript of such record to the
office, social services district, or other agency taking custody of the
youth pursuant to article three [or seven] of the family court act,
before, or at the same time as the youth is delivered to the office,
district or other agency, as is appropriate.
S 97. Subdivision 1 of section 505 of the executive law, as amended by
chapter 465 of the laws of 1992, is amended to read as follows:
1. There shall be a facility director of each [division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES OPERATED facility. Such facility
director shall be appointed by the [director] COMMISSIONER of the [divi-
sion] OFFICE OF CHILDREN AND FAMILY SERVICES and THE POSITION shall be
in the noncompetitive class and designated as confidential as defined by
subdivision two-a of section forty-two of the civil service law. The
facility director shall have [two years] SUCH experience [in appropriate
titles in state government. Such facility director shall have such] AND
other qualifications as may be prescribed by the director OF CLASSIFICA-
TION AND COMPENSATION WITHIN THE DEPARTMENT OF CIVIL SERVICE IN CONSUL-
TATION WITH THE COMMISSIONER of the [division,] OFFICE OF CHILDREN AND
FAMILY SERVICES based on differences in duties, levels of responsibil-
ity, size and character of the facility, knowledge, skills and abilities
required, and other factors affecting the position [and]. SUCH FACILITY
DIRECTOR shall serve at the pleasure of the [director] COMMISSIONER of
the [division] OFFICE OF CHILDREN AND FAMILY SERVICES.
S 98. Section 507-a of the executive law, as amended by chapter 465 of
the laws of 1992, paragraph (a) of subdivision 1 as amended by chapter
309 of the laws of 1996, is amended to read as follows:
S 507-a. Placement and commitment; procedures. 1. Youth may be placed
in or committed to the custody of the [division] OFFICE OF CHILDREN AND
FAMILY SERVICES:
(a) for placement, as a juvenile delinquent pursuant to the family
court act; or
(b) for commitment pursuant to the penal law.
2. (a) Consistent with other provisions of law, only those youth who
have reached the age of [seven] TEN, but who have not reached the age of
twenty-one may be placed in[, committed to or remain in] the [divi-
A. 6006 104
sion's] custody OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. EXCEPT AS
PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, NO YOUTH WHO HAS
REACHED THE AGE OF TWENTY-ONE MAY REMAIN IN CUSTODY OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES.
(A-1) (I) A YOUTH WHO IS COMMITTED TO THE OFFICE OF CHILDREN AND FAMI-
LY SERVICES AS A JUVENILE OFFENDER OR YOUTHFUL OFFENDER MAY REMAIN IN
THE CUSTODY OF THE OFFICE DURING THE PERIOD OF HIS OR HER SENTENCE
BEYOND THE AGE OF TWENTY-ONE IN ACCORDANCE WITH THE PROVISIONS OF SUBDI-
VISION FIVE OF SECTION FIVE HUNDRED EIGHT OF THIS ARTICLE BUT IN NO
EVENT MAY SUCH A YOUTH REMAIN IN THE CUSTODY OF THE OFFICE BEYOND HIS OR
HER TWENTY-THIRD BIRTHDAY; AND (II) A YOUTH FOUND TO HAVE COMMITTED A
DESIGNATED CLASS A FELONY ACT WHO IS RESTRICTIVELY PLACED WITH THE
OFFICE UNDER SUBDIVISION FOUR OF SECTION 353.5 OF THE FAMILY COURT ACT
FOR COMMITTING AN ACT ON OR AFTER THE YOUTH'S SIXTEENTH BIRTHDAY MAY
REMAIN IN THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES UP
TO THE AGE OF TWENTY-THREE IN ACCORDANCE WITH HIS OR HER PLACEMENT
ORDER.
(A-2) Whenever it shall appear to the satisfaction of the [division]
OFFICE OF CHILDREN AND FAMILY SERVICES that any youth placed therewith
is not of proper age to be so placed or is not properly placed, or is
mentally or physically incapable of being materially benefited by the
program of the [division] OFFICE, the [division] OFFICE shall cause the
return of such youth to the county from which placement was made.
(b) The [division] OFFICE shall deliver such youth to the custody of
the placing court, along with the records provided to the [division]
OFFICE pursuant to section five hundred seven-b of this article, there
to be dealt with by the court in all respects as though no placement had
been made.
(c) The cost and expense of the care and return of such youth incurred
by the [division] OFFICE shall be reimbursed to the state by the social
services district from which such youth was placed in the manner
provided by section five hundred twenty-nine of this article.
3. The [division] OFFICE may photograph any youth in its custody.
Such photograph may be used only for the purpose of assisting in the
return of conditionally released children and runaways pursuant to
section five hundred ten-b of this article. Such photograph shall be
destroyed immediately upon the discharge of the youth from [division]
OFFICE custody.
4. (a) A youth placed with or committed to the [division] OFFICE may,
immediately following placement or commitment, be remanded to an appro-
priate detention facility.
(b) The [division] OFFICE shall admit a [child] YOUTH placed [with the
division] UNDER ITS CARE to a facility of the [division] OFFICE within
fifteen days of the date of the order of placement with the [division]
OFFICE and shall admit a juvenile offender committed to the [division]
OFFICE to a facility of the [division] OFFICE within ten days of the
date of the order of commitment to the [division] OFFICE, except as
provided in section five hundred seven-b of this article.
5. Consistent with other provisions of law, in the discretion of the
[director, youth] COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY
SERVICES, YOUTH PLACED WITHIN THE OFFICE UNDER THE FAMILY COURT ACT who
attain the age of eighteen while in [division] custody OF THE OFFICE AND
WHO ARE NOT REQUIRED TO REMAIN IN THE PLACEMENT WITH THE OFFICE AS A
RESULT OF A DISPOSITIONAL ORDER OF THE FAMILY COURT may reside in a
non-secure facility until the age of twenty-one, provided that such
A. 6006 105
youth attend a full-time vocational or educational program and are like-
ly to benefit from such program.
S 99. Section 508 of the executive law, as added by chapter 481 of the
laws of 1978 and as renumbered by chapter 465 of the laws of 1992,
subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision
2 as amended by chapter 572 of the laws of 1985, subdivisions 4, 5, 6
and 7 as amended by section 97 of subpart B of part C of chapter 62 of
the laws of 2011, subdivision 8 as added by chapter 560 of the laws of
1984 and subdivision 9 as added by chapter 7 of the laws of 2007, is
amended to read as follows:
S 508. Juvenile offender facilities. 1. The office of children and
family services shall maintain [secure] facilities for the care and
confinement of juvenile offenders committed [for an indeterminate,
determinate or definite sentence] TO THE OFFICE pursuant to the sentenc-
ing provisions of the penal law. Such facilities shall provide appropri-
ate services to juvenile offenders including but not limited to residen-
tial care, educational and vocational training, physical and mental
health services, and employment counseling.
1-A. ANY NEW FACILITIES DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY
SERVICES TO SERVE THE ADDITIONAL YOUTH PLACED WITH THE OFFICE AS A
RESULT OF RAISING THE AGE OF JUVENILE JURISDICTION SHALL, TO THE EXTENT
PRACTICABLE, CONSIST OF SMALLER, MORE HOME-LIKE FACILITIES LOCATED NEAR
THE YOUTHS' HOMES AND FAMILIES THAT PROVIDE GENDER-RESPONSIVE PROGRAM-
MING, SERVICES AND TREATMENT IN SMALL, CLOSELY SUPERVISED GROUPS THAT
OFFER EXTENSIVE AND ON-GOING INDIVIDUAL ATTENTION AND ENCOURAGE SUPPORT-
IVE PEER RELATIONSHIPS.
2. Juvenile offenders COMMITTED TO THE OFFICE FOR COMMITTING CRIMES
PRIOR TO THE AGE OF SIXTEEN shall be confined in such facilities [until
the age of twenty-one] IN ACCORDANCE WITH THEIR SENTENCES, and shall not
be released, discharged or permitted home visits except pursuant to the
provisions of this section.
[(a) The director of the division for youth may authorize the transfer
of a juvenile offender in his custody, who has been convicted of
burglary or robbery, to a school or center established and operated
pursuant to title three of this article at any time after the juvenile
offender has been confined in a division for youth secure facility for
one year or one-half of his minimum sentence, whichever is greater.
(b) The director of the division for youth may authorize the transfer
of a juvenile offender in his custody, who has been convicted of
burglary or robbery, and who is within ninety days of release as estab-
lished by the board of parole, to any facility established and operated
pursuant to this article.
(c) A juvenile offender may be transferred as provided in paragraphs
(a) and (b) herein, only after the director determines that there is no
danger to public safety and that the offender shall substantially bene-
fit from the programs and services of another division facility. In
determining whether there is a danger to public safety the director
shall consider: (i) the nature and circumstances of the offense includ-
ing whether any physical injury involved was inflicted by the offender
or another participant; (ii) the record and background of the offender;
and (iii) the adjustment of the offender at division facilities.
(d) For a period of six months after a juvenile offender has been
transferred pursuant to paragraph (a) or (b) herein, the juvenile offen-
der may have only accompanied home visits. After completing six months
of confinement following transfer from a secure facility, a juvenile
offender may not have an unaccompanied home visit unless two accompanied
A. 6006 106
home visits have already occurred. An "accompanied home visit" shall
mean a home visit during which the juvenile offender shall be accompa-
nied at all times while outside the facility by appropriate personnel of
the division for youth designated pursuant to regulations of the direc-
tor of the division.
(e) The director of the division for youth shall promulgate rules and
regulations including uniform standards and procedures governing the
transfer of juvenile offenders from secure facilities to other facili-
ties and the return of such offenders to secure facilities. The rules
and regulations shall provide a procedure for the referral of proposed
transfer cases by the secure facility director, and shall require a
determination by the facility director that transfer of a juvenile
offender to another facility is in the best interests of the division
for youth and the juvenile offender and that there is no danger to
public safety.
The rules and regulations shall further provide for the establishment
of a division central office transfer committee to review transfer cases
referred by the secure facility directors. The committee shall recommend
approval of a transfer request to the director of the division only upon
a clear showing by the secure facility director that the transfer is in
the best interests of the division for youth and the juvenile offender
and that there is no danger to public safety. In the case of the denial
of the transfer request by the transfer committee, the juvenile offender
shall remain at a secure facility. Notwithstanding the recommendation
for approval of transfer by the transfer committee, the director of the
division may deny the request for transfer if there is a danger to
public safety or if the transfer is not in the best interests of the
division for youth or the juvenile offender.
The rules and regulations shall further provide a procedure for the
immediate return to a secure facility, without a hearing, of a juvenile
offender transferred to another facility upon a determination by that
facility director that there is a danger to public safety.]
3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report
in writing to the sentencing court and district attorney, not less than
once every six months during the period of confinement, on the status,
adjustment, programs and progress of the offender.
4. [The office of children and family services may apply to the
sentencing court for permission to transfer a youth not less than
sixteen nor more than eighteen years of age to the department of
corrections and community supervision. Such application shall be made
upon notice to the youth, who shall be entitled to be heard upon the
application and to be represented by counsel. The court shall grant the
application if it is satisfied that there is no substantial likelihood
that the youth will benefit from the programs offered by the office
facilities.
5.] The office of children and family services may transfer an offen-
der not less than eighteen [nor more than twenty-one] years of age to
the department of corrections and community supervision if the commis-
sioner of the office certifies to the commissioner of corrections and
community supervision that there is no substantial likelihood that the
youth will benefit from the programs offered by office facilities.
[6. At age twenty-one, all] 5. (A) ALL juvenile offenders COMMITTED TO
THE OFFICE FOR COMMITTING A CRIME PRIOR TO THE YOUTH'S SIXTEENTH BIRTH-
DAY WHO STILL HAVE TIME LEFT ON THEIR SENTENCES OF IMPRISONMENT shall be
transferred AT AGE TWENTY-ONE to the custody of the department of
A. 6006 107
corrections and community supervision for confinement pursuant to the
correction law.
[7.] (B) ALL OFFENDERS COMMITTED TO THE OFFICE FOR COMMITTING A CRIME
ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO STILL HAVE TIME LEFT ON THEIR
SENTENCES OF IMPRISONMENT SHALL BE TRANSFERRED TO THE CUSTODY OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FOR CONFINEMENT
PURSUANT TO THE CORRECTION LAW AFTER COMPLETING TWO YEARS OF CARE IN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITIES UNLESS THEY ARE WITHIN
FOUR MONTHS OF COMPLETING THE IMPRISONMENT PORTION OF THEIR SENTENCE AND
THE OFFICE DETERMINES, IN ITS DISCRETION, ON A CASE-BY-CASE BASIS THAT
THE YOUTH SHOULD BE PERMITTED TO REMAIN WITH THE OFFICE FOR THE ADDI-
TIONAL SHORT PERIOD OF TIME NECESSARY TO ENABLE THEM TO COMPLETE THEIR
SENTENCE. IN MAKING SUCH A DETERMINATION, THE FACTORS THE OFFICE MAY
CONSIDER INCLUDE, BUT ARE NOT LIMITED TO, THE AGE OF THE YOUTH, THE
AMOUNT OF TIME REMAINING ON THE YOUTH'S SENTENCE OF IMPRISONMENT, THE
LEVEL OF THE YOUTH'S PARTICIPATION IN THE PROGRAM, THE YOUTH'S EDUCA-
TIONAL AND VOCATIONAL PROGRESS, THE OPPORTUNITIES AVAILABLE TO THE YOUTH
THROUGH THE OFFICE AND THROUGH THE DEPARTMENT, AND THE LENGTH OF THE
YOUTH'S SENTENCE. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE A YOUTH TO
REMAIN IN AN OFFICE FACILITY BEYOND HIS OR HER TWENTY-THIRD BIRTHDAY.
(C) ALL JUVENILE OFFENDERS WHO ARE ELIGIBLE TO BE RELEASED FROM AN
OFFICE OF CHILDREN AND FAMILY SERVICES FACILITY BEFORE THEY ARE REQUIRED
TO BE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR SENTENCES
BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE
OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION.
(D) ALL JUVENILE OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND
FAMILY SERVICES FACILITY BEFORE THEY ARE TRANSFERRED TO THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE
FULL-TERM OF THEIR SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE
SHALL BE UNDER THE SUPERVISION OF THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION UNTIL EXPIRATION OF THE MAXIMUM TERM OR PERIOD OF
SENTENCE, OR EXPIRATION OF SUPERVISION, PROVIDED, HOWEVER, THAT THE
OFFICE SHALL ASSIST SUCH DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RE-
LEASE SUPERVISION.
6. While in the custody of the office of children and family services,
an offender shall be subject to the rules and regulations of the office,
except that his OR HER parole, temporary release and discharge shall be
governed by the laws applicable to inmates of state correctional facili-
ties and his OR HER transfer to state hospitals in the office of mental
health shall be governed by section five hundred nine of this chapter.
The commissioner of the office of children and family services shall,
however, establish and operate temporary release programs at office of
children and family services facilities for eligible juvenile offenders
and [contract with the department of corrections and community super-
vision for the provision of parole] PROVIDE supervision [services] for
temporary releasees. The rules and regulations for these programs shall
not be inconsistent with the laws for temporary release applicable to
inmates of state correctional facilities. For the purposes of temporary
release programs for juvenile offenders only, when referred to or
defined in article twenty-six of the correction law, "institution" shall
mean any facility designated by the commissioner of the office of chil-
dren and family services, "department" shall mean the office of children
and family services, "inmate" shall mean a juvenile offender residing in
an office of children and family services facility, and "commissioner"
shall mean the [director] COMMISSIONER of the office of children and
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family services. Time spent in office of children and family services
facilities and in juvenile detention facilities shall be credited
towards the sentence imposed in the same manner and to the same extent
applicable to inmates of state correctional facilities.
[8] 7. Whenever a juvenile offender or a juvenile offender adjudi-
cated a youthful offender shall be delivered to the director of [a divi-
sion for youth] AN OFFICE OF CHILDREN AND FAMILY SERVICES facility
pursuant to a commitment to the [director of the division for youth]
OFFICE OF CHILDREN AND FAMILY SERVICES, the officer so delivering such
person shall deliver to such facility director a certified copy of the
sentence received by such officer from the clerk of the court by which
such person shall have been sentenced, a copy of the report of the
probation officer's investigation and report, any other pre-sentence
memoranda filed with the court, a copy of the person's fingerprint
records, a detailed summary of available medical records, psychiatric
records and reports relating to assaults, or other violent acts,
attempts at suicide or escape by the person while in the custody of a
local detention facility.
[9] 8. Notwithstanding any provision of law, including section five
hundred one-c of this article, the office of children and family
services shall make records pertaining to a person convicted of a sex
offense as defined in subdivision (p) of section 10.03 of the mental
hygiene law available upon request to the commissioner of mental health
or the commissioner of [mental retardation and] THE OFFICE FOR PERSONS
WITH developmental disabilities, as appropriate; a case review panel;
and the attorney general; in accordance with the provisions of article
ten of the mental hygiene law.
S 100. Subdivisions 1, 2, 4, 5 and 5-a of section 529 of the executive
law, subdivisions 1, 4 and 5 as added by chapter 906 of the laws of
1973, paragraph (c) of subdivision 1 as amended and paragraph (d) of
subdivision 1 as added by chapter 881 of the laws of 1976, subdivision 2
as amended by chapter 430 of the laws of 1991, paragraph (c) of subdivi-
sion 5 as amended by chapter 722 of the laws of 1979 and subdivision 5-a
as added by chapter 258 of the laws of 1974, are amended to read as
follows:
1. Definitions. As used in this section:
(a) "authorized agency", "certified boarding home", "local charge" and
"state charge" shall have the meaning ascribed to such terms by the
social services law;
(b) "aftercare supervision" shall mean supervision of released or
discharged youth, not in foster care; and,
(c) "foster care" shall mean residential care, maintenance and super-
vision provided TO released or discharged youth, or youth otherwise in
the custody of the [division for youth, in a division foster family home
certified by the division.
(d) "division foster family home" means a service program provided in
a home setting available to youth under the jurisdiction of the division
for youth] OFFICE OF CHILDREN AND FAMILY SERVICES.
2. [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS
SECTION, EXPENDITURES made by the [division for youth] OFFICE OF CHIL-
DREN AND FAMILY SERVICES for care, maintenance and supervision furnished
youth, including alleged and adjudicated juvenile delinquents and
persons in need of supervision, placed or referred, pursuant to titles
two or three of this article, and juvenile offenders committed pursuant
to section 70.05 of the penal law, in the [division's] OFFICE'S programs
and facilities, shall be subject to reimbursement to the state by the
A. 6006 109
social services district from which the youth was placed or by the
social services district in which the juvenile offender resided at the
time of commitment, in accordance with this section and the regulations
of the [division,] OFFICE as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges includ-
ing juvenile offenders.
[4. Expenditures made by the division for youth] 3. THE COSTS for
foster care PROVIDED BY VOLUNTARY AUTHORIZED AGENCIES TO JUVENILE DELIN-
QUENTS PLACED IN THE CARE OF THE OFFICE OF CHILDREN AND FAMILY SERVICES
shall be [subject to reimbursement to the state by] THE RESPONSIBILITY
OF the social services district from which the youth was placed, AND
SHALL BE SUBJECT TO REIMBURSEMENT FROM THE STATE in accordance with [the
regulations of the division, as follows: fifty percent of the amount
expended for care, maintenance and supervision of local charges] SECTION
ONE HUNDRED FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
[5] 4. (a) [Expenditures] EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF
THIS SECTION, EXPENDITURES made by the [division for youth] OFFICE OF
CHILDREN AND FAMILY SERVICES for aftercare supervision shall be subject
to reimbursement to the state by the social services district from which
the youth was placed, in accordance with regulations of the [division]
OFFICE, as follows: fifty percent of the amount expended for aftercare
supervision of local charges.
(b) Expenditures made by social services districts for aftercare
supervision of adjudicated juvenile delinquents and persons in need of
supervision [provided (prior to the expiration of the initial or
extended period of placement or commitment) by the aftercare staff of
the facility from which the youth has been released or discharged, other
than those under the jurisdiction of the division for youth, in which
said youth was placed or committed, pursuant to directions of the family
court,] shall be subject to reimbursement by the state[, upon approval
by the division and in accordance with its regulations, as follows:
(1) the full amount expended by the district for aftercare supervision
of state charges;
(2) fifty percent of the amount expended by the district for aftercare
supervision of local charges] IN ACCORDANCE WITH SECTION ONE HUNDRED
FIFTY-THREE-K OF THE SOCIAL SERVICES LAW.
(c) Expenditures made by the [division for youth] OFFICE OF CHILDREN
AND FAMILY SERVICES for contracted programs and contracted services
pursuant to subdivision seven of section five hundred one of this arti-
cle, except with respect to urban homes and group homes, shall be
subject to reimbursement to the state by the social services district
from which the youth was placed, in accordance with this section and the
regulations of the [division] OFFICE as follows: fifty percent of the
amount expended for the operation and maintenance of such programs and
services.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, NO
REIMBURSEMENT SHALL BE REQUIRED FROM A SOCIAL SERVICES DISTRICT FOR
EXPENDITURES MADE BY THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR THE
CARE, MAINTENANCE, SUPERVISION OR AFTERCARE SUPERVISION OF YOUTH AGE
SIXTEEN YEARS OF AGE OR OLDER THAT WOULD NOT OTHERWISE HAVE BEEN MADE
ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND FIFTEEN
THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF
AGE OR THAT AUTHORIZED THE PLACEMENT IN OFFICE OF CHILDREN AND FAMILY
SERVICES FACILITIES OF CERTAIN OTHER YOUTH WHO COMMITTED A CRIME ON OR
AFTER THEIR SIXTEENTH BIRTHDAYS.
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5-a. The social services district responsible for reimbursement to the
state shall remain the same if during a period of placement or extension
thereof, a child commits a criminal act while in [a division] AN OFFICE
OF CHILDREN AND FAMILY SERVICES facility, during an authorized absence
therefrom or after absconding therefrom and is returned to the [divi-
sion] OFFICE following adjudication or conviction for the act by a court
with jurisdiction outside the boundaries of the social services district
which was responsible for reimbursement to the state prior to such adju-
dication or conviction.
S 101. Paragraph (b) of subdivision 1, the opening paragraph of subdi-
vision 2 and subparagraph (iii) of paragraph (a) of subdivision 3 of
section 529-b of the executive law, as added by section 3 of subpart B
of part Q of chapter 58 of the laws of 2011, are amended to read as
follows:
(b) The state funds appropriated for the supervision and treatment
services for juveniles program shall be distributed to eligible munici-
palities by the office of children and family services based on a plan
developed by the office which may consider historical information
regarding the number of youth seen at probation intake for an alleged
act of delinquency, THE NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION
RECEIVING DIVERSION SERVICES UNDER SECTION SEVEN HUNDRED THIRTY-FIVE OF
THE FAMILY COURT ACT, the number of youth remanded to detention, the
number of juvenile delinquents placed with the office, the number of
juvenile delinquents and persons in need of supervision placed in resi-
dential care with the municipality, the municipality's reduction in the
use of detention and residential placements, and other factors as deter-
mined by the office. Such plan developed by the office shall be subject
to the approval of the director of the budget. The office is authorized,
in its discretion, to make advance distributions to a municipality in
anticipation of state reimbursement.
As used in this section, the term "municipality" shall mean a county,
or a city having a population of one million or more, and "supervision
and treatment services for juveniles" shall mean community-based
services or programs designed to safely maintain youth in the community
pending a family court disposition or conviction in criminal court and
services or programs provided to youth adjudicated as juvenile delin-
quents or persons in need of supervision, or youth alleged to be juve-
nile offenders to prevent residential placement of such youth or a
return to placement where such youth have been released to the community
from residential placement OR PROGRAMS PROVIDED TO YOUTH ADJUDICATED
PERSONS IN NEED OF SUPERVISION TO MAINTAIN SUCH YOUTH IN THEIR HOMES.
Supervision and treatment services for juveniles may include but are not
limited to services or programs that:
(iii) a description of how the services and programs proposed for
funding will reduce the number of youth from the municipality who are
detained and residentially OR OTHERWISE placed; how such services and
programs are family-focused; and whether such services and programs are
capable of being replicated across multiple sites;
S 102. Subdivisions 2, 4, 5, 6 and 7 of section 530 of the executive
law, subdivisions 2 and 4 as amended by section 4 of subpart B of part Q
of chapter 58 of the laws of 2011, paragraphs (a) and (d) of subdivision
2 as amended by section 1 of part M of chapter 57 of the laws of 2012,
subdivision 5 as amended by chapter 920 of the laws of 1982, subpara-
graphs 1, 2 and 4 of paragraph (a) and paragraph (b) of subdivision 5 as
amended by section 5 of subpart B of part Q of chapter 58 of the laws of
2011, subdivision 6 as amended by chapter 880 of the laws of 1976, and
A. 6006 111
subdivision 7 as amended by section 6 of subpart B of part Q of chapter
58 of the laws of 2011, are amended and a new subdivision 8 is added to
read as follows:
2. [Expenditures] EXCEPT AS PROVIDED FOR IN SUBDIVISION EIGHT OF THIS
SECTION, EXPENDITURES made by municipalities in providing care, mainte-
nance and supervision to youth in detention facilities designated pursu-
ant to sections seven hundred twenty and 305.2 of the family court act
and certified by the [division for youth] OFFICE OF CHILDREN AND FAMILY
SERVICES, shall be subject to reimbursement by the state, as follows:
(a) Notwithstanding any provision of law to the contrary, eligible
expenditures by a municipality during a particular program year for the
care, maintenance and supervision in foster care programs certified by
the office of children and family services[,] AND certified or approved
family boarding homes[, and non-secure detention facilities certified by
the office] for those youth alleged to be persons in need of supervision
or adjudicated persons in need of supervision held pending transfer to a
facility upon placement; and in secure and non-secure detention facili-
ties certified by the office in accordance with section five hundred
three of this article for those youth alleged to be juvenile delin-
quents; adjudicated juvenile delinquents held pending transfer to a
facility upon placement, and juvenile delinquents held at the request of
the office of children and family services pending extension of place-
ment hearings or release revocation hearings or while awaiting disposi-
tion of such hearings; and youth alleged to be or convicted as juvenile
offenders AND YOUTH ALLEGED TO BE PERSONS IN NEED OF SUPERVISION OR
ADJUDICATED PERSONS IN NEED OF SUPERVISION HELD PENDING TRANSFER TO A
FACILITY UPON PLACEMENT IN FOSTER CARE PROGRAMS CERTIFIED BY THE OFFICE
OF CHILDREN AND FAMILY SERVICES AND CERTIFIED OR APPROVED FAMILY BOARD-
ING HOMES shall be subject to state reimbursement for up to fifty
percent of the municipality's expenditures, exclusive of any federal
funds made available for such purposes, not to exceed the municipality's
distribution from funds that have been appropriated specifically there-
for for that program year. Municipalities shall implement the use of
detention risk assessment instruments in a manner prescribed by the
office so as to inform detention decisions. Notwithstanding any other
provision of state law to the contrary, data necessary for completion of
a detention risk assessment instrument may be shared among law enforce-
ment, probation, courts, detention administrators, detention providers,
and the attorney for the child upon retention or appointment; solely for
the purpose of accurate completion of such risk assessment instrument,
and a copy of the completed detention risk assessment instrument shall
be made available to the applicable detention provider, the attorney for
the child and the court.
(b) The state funds appropriated for juvenile detention services shall
be distributed to eligible municipalities by the office of children and
family services based on a plan developed by the office which may
consider historical information regarding the number of youth remanded
to detention, the municipality's reduction in the use of detention, the
municipality's youth population, and other factors as determined by the
office. Such plan developed by the office shall be subject to the
approval of the director of the budget. The office is authorized, in its
discretion, to make advance distributions to a municipality in antic-
ipation of state reimbursement.
(c) A municipality may also use the funds distributed to it for juve-
nile detention services under this section for a particular program year
for sixty-two percent of a municipality's eligible expenditures for
A. 6006 112
supervision and treatment services for juveniles programs approved under
section five hundred twenty-nine-b of this title for services that were
not reimbursed from a municipality's distribution under such program
provided to at-risk, alleged or adjudicated juvenile delinquents or
persons alleged or adjudicated to be in need of supervision, or alleged
to be or convicted as juvenile offenders in community-based non-residen-
tial settings. Any claims submitted by a municipality for reimbursement
for detention services or supervision and treatment services for juve-
niles provided during a particular program year for which the munici-
pality does not receive state reimbursement from the municipality's
distribution of detention services funds for that program year may not
be claimed against the municipality's distribution of funds available
under this section for the next applicable program year. The office may
require that such claims be submitted to the office electronically at
such times and in the manner and format required by the office.
[(d)(i)] (2-A)(A) Notwithstanding any provision of law or regulation
to the contrary, any information or data necessary for the development,
validation or revalidation of the detention risk assessment instrument
shall be shared among local probation departments, the office of
probation and correctional alternatives and, where authorized by the
division of criminal justice services, the entity under contract with
the division to provide information technology services related to youth
assessment and screening, the office of children and family services,
and any entity under contract with the office of children and family
services to provide services relating to the development, validation or
revalidation of the detention risk assessment instrument. Any such
information and data shall not be commingled with any criminal history
database. Any information and data used and shared pursuant to this
section shall only be used and shared for the purposes of this section
and in accordance with this section. Such information shall be shared
and received in a manner that protects the confidentiality of such
information. The sharing, use, disclosure and redisclosure of such
information to any person, office, or other entity not specifically
authorized to receive it pursuant to this section or any other law is
prohibited.
[(ii)] (B) The office of children and family services shall consult
with individuals with professional research experience and expertise in
criminal justice; social work; juvenile justice; and applied mathemat-
ics, psychometrics and/or statistics to assist the office in determining
the method it will use to: develop, validate and revalidate such
detention risk assessment instrument; and analyze the effectiveness of
the use of such detention risk assessment instrument in accomplishing
its intended goals; and analyze, to the greatest extent possible any
disparate impact on detention outcomes for juveniles based on race, sex,
national origin, economic status and any other constitutionally
protected class, regarding the use of such instrument. The office shall
consult with such individuals regarding whether it is appropriate to
attempt to analyze whether there is any such disparate impact based on
sexual orientation and, if so, the best methods to conduct such analy-
sis. The office shall take into consideration any recommendations given
by such individuals involving improvements that could be made to such
instrument and process.
[(iii)] (C) Data collected for the purposes of completing the
detention risk assessment instrument from any source other than an offi-
cially documented record shall be confirmed as soon as practicable.
Should any data originally utilized in completing the risk assessment
A. 6006 113
instrument be found to conflict with the officially documented record,
the risk assessment instrument shall be completed with the officially
documented data and any corresponding revision to the risk categori-
zation shall be made. The office shall periodically revalidate any
approved risk assessment instrument. The office shall conspicuously post
any approved detention risk assessment instrument on its website and
shall confer with appropriate stakeholders, including but not limited
to, attorneys for children, presentment agencies, probation, and the
family court, prior to revising any validated risk assessment instru-
ment. Any such revised risk assessment instrument shall be subject to
periodic empirical validation.
4. (a) The municipality must notify the office of children and family
services of state aid received under other state aid formulas by each
detention facility for which the municipality is seeking reimbursement
pursuant to this section, including but not limited to, aid for educa-
tion, probation and mental health services.
(b) EXCEPT AS PROVIDED IN SUBDIVISION EIGHT OF THIS SECTION: (I) In
computing reimbursement to the municipality pursuant to this section,
the office shall insure that the aggregate of state aid under all state
aid formulas shall not exceed fifty percent of the cost of care, mainte-
nance and supervision provided to detainees eligible for state
reimbursement under subdivision two of this section, exclusive of feder-
al aid for such purposes not to exceed the amount of the municipality's
distribution under the juvenile detention services program.
[(c)] (II) Reimbursement for administrative related expenditures as
defined by the office of children and family services, for secure and
nonsecure detention services shall not exceed seventeen percent of the
total approved expenditures for facilities of twenty-five beds or more
and shall not exceed twenty-one percent of the total approved expendi-
tures for facilities with less than twenty-five beds.
5. (a) Except as provided in paragraph (b) of this subdivision, care,
maintenance and supervision for the purpose of this section shall mean
and include only:
(1) temporary care, maintenance and supervision provided TO alleged
juvenile delinquents and persons in need of supervision in detention
facilities certified pursuant to sections seven hundred twenty and 305.2
of the family court act by the office of children and family services,
pending adjudication of alleged delinquency or alleged need of super-
vision by the family court, or pending transfer to institutions to which
committed or placed by such court or while awaiting disposition by such
court after adjudication or held pursuant to a securing order of a crim-
inal court if the person named therein as principal is under [sixteen]
EIGHTEEN YEARS OF AGE; or[,]
(2) temporary care, maintenance and supervision provided juvenile
delinquents in approved detention facilities at the request of the
office of children and family services pending release revocation hear-
ings or while awaiting disposition after such hearings; or
(3) temporary care, maintenance and supervision in approved detention
facilities for youth held pursuant to the family court act or the inter-
state compact on juveniles, pending return to their place of residence
or domicile[.]; OR
(4) temporary care, maintenance and supervision provided youth
detained in foster care facilities or certified or approved family
boarding homes pursuant to article seven of the family court act.
(b) Payments made for reserved accommodations, whether or not in full
time use, approved AND CERTIFIED by the office of children and family
A. 6006 114
services [and certified pursuant to sections seven hundred twenty and
305.2 of the family court act], in order to assure that adequate accom-
modations will be available for the immediate reception and proper care
therein of youth for which detention costs are reimbursable pursuant to
paragraph (a) of this subdivision, shall be reimbursed as expenditures
for care, maintenance and supervision under the provisions of this
section, provided the office shall have given its prior approval for
reserving such accommodations.
6. The [director of the division for youth] OFFICE OF CHILDREN AND
FAMILY SERVICES may adopt, amend, or rescind all rules and regulations,
subject to the approval of the director of the budget and certification
to the chairmen of the senate finance and assembly ways and means
committees, necessary to carry out the provisions of this section.
7. The agency administering detention for each county and the city of
New York shall submit to the office of children and family services, at
such times and in such form and manner and containing such information
as required by the office of children and family services, an annual
report on youth remanded pursuant to article three or seven of the fami-
ly court act who are detained during each calendar year including,
commencing January first, two thousand twelve, the risk level of each
detained youth as assessed by a detention risk assessment instrument
approved by the office of children and family services. The office may
require that such data on detention use be submitted to the office elec-
tronically. Such report shall include, but not be limited to, the reason
for the court's determination in accordance with section 320.5 or seven
hundred thirty-nine of the family court act, IF APPLICABLE, to detain
the youth; the offense or offenses with which the youth is charged; and
all other reasons why the youth remains detained. The office shall
submit a compilation of all the separate reports to the governor and the
legislature.
8. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, STATE
REIMBURSEMENT SHALL BE MADE AVAILABLE FOR ONE HUNDRED PERCENT OF A
MUNICIPALITY'S ELIGIBLE EXPENDITURES FOR THE CARE, MAINTENANCE AND
SUPERVISION OF YOUTH SIXTEEN YEARS OF AGE OR OLDER IN NON-SECURE AND
SECURE DETENTION FACILITIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE
OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN
YEARS OF AGE.
S 103. Section 3 of part K of chapter 57 of the laws of 2012, amending
the education law relating to authorizing the board of cooperative
educational services to enter into contracts with the commissioner of
children and family services to provide certain services, as amended by
section 3 of Part G of chapter 58 of the laws of 2014, is amended to
read as follows:
S 3. The office of children and family services, in consultation with
the state education department, shall prepare and submit to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly a report by December 1, 2015, AND DECEMBER 1, 2017 that shall
analyze the cost effectiveness and programmatic impact of delivering
special education programs, related services and career and technical
education services through boards of cooperative educational services in
juvenile justice facilities operated by the office.
S 104. Section 4 of part K of chapter 57 of the laws of 2012, amending
the education law, relating to authorizing the board of cooperative
educational services to enter into contracts with the commissioner of
A. 6006 115
children and family services to provide certain services, is amended to
read as follows:
S 4. This act shall take effect July 1, 2012 and shall expire June 30,
[2015] 2018 when upon such date the provisions of this act shall be
deemed repealed.
S 105. Section 109-c of the vehicle and traffic law, as added by
section 1 of part E of chapter 60 of the laws of 2005, is amended to
read as follows:
S 109-c. Conviction. 1. Any conviction as defined in subdivision
thirteen of section 1.20 of the criminal procedure law; provided, howev-
er, where a conviction or administrative finding in this state or anoth-
er state results in a mandatory sanction against a commercial driver's
license, as set forth in sections five hundred ten, five hundred ten-a,
eleven hundred ninety-two and eleven hundred ninety-four of this chap-
ter, conviction shall also mean an unvacated adjudication of guilt, or a
determination that a person has violated or failed to comply with the
law in a court of original jurisdiction or by an authorized administra-
tive tribunal, an unvacated forfeiture of bail or collateral deposited
to secure the person's appearance in court, a plea of guilty or nolo
contendere accepted by the court, the payment of a fine or court cost,
or violation of a condition of release without bail, regardless of
whether or not the penalty is rebated, suspended, or probated.
2. A CONVICTION SHALL INCLUDE A JUVENILE DELINQUENCY ADJUDICATION FOR
THE PURPOSES OF SECTIONS FIVE HUNDRED TEN; SUBDIVISION FIVE OF SECTION
FIVE HUNDRED ELEVEN; FIVE HUNDRED FOURTEEN; FIVE HUNDRED TWENTY-THREE-A;
SUBPARAGRAPH (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ELEVEN
HUNDRED NINETY-THREE; SUBDIVISION TWO OF SECTION ELEVEN HUNDRED NINETY-
THREE; ELEVEN HUNDRED NINETY-SIX; ELEVEN HUNDRED NINETY-EIGHT; ELEVEN
HUNDRED NINETY-EIGHT-A; ELEVEN HUNDRED NINETY-NINE; EIGHTEEN HUNDRED
EIGHT; EIGHTEEN HUNDRED NINE; EIGHTEEN HUNDRED NINE-C; AND EIGHTEEN
HUNDRED NINE-E OF THIS CHAPTER AND PARAGRAPH (A) OF SUBDIVISION SIX OF
SECTION SIXTY-FIVE-B OF THE ALCOHOLIC BEVERAGE CONTROL LAW ONLY AND
SOLELY FOR THE PURPOSES OF ALLOWING THE FAMILY COURT TO IMPOSE LICENSE
AND REGISTRATION SANCTIONS, IGNITION INTERLOCK DEVICES, ANY DRUG OR
ALCOHOL REHABILITATION PROGRAM, VICTIM IMPACT PROGRAM, DRIVER RESPONSI-
BILITY ASSESSMENT, VICTIM ASSISTANCE FEE, SURCHARGE, AND ISSUING A STAY
ORDER ON APPEAL. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED AS
LIMITING OR PRECLUDING THE ENFORCEMENT OF SECTION ELEVEN HUNDRED NINE-
TY-TWO-A OF THIS CHAPTER AGAINST A PERSON UNDER THE AGE OF TWENTY-ONE.
S 106. Subdivision 1 of section 510 if the vehicle and traffic law, as
amended by chapter 132 of the laws of 1986, is amended to read as
follows:
1. Who may suspend or revoke. Any magistrate, justice or judge, in a
city, in a town, or in a village, any supreme court justice, any county
judge, any judge of a district court, ANY FAMILY COURT JUDGE, the super-
intendent of state police and the commissioner of motor vehicles or any
person deputized by him, shall have power to revoke or suspend the
license to drive a motor vehicle or motorcycle of any person, or in the
case of an owner, the registration, as provided herein.
S 107. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any 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, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment shall have been rendered. It is
A. 6006 116
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 108. This act shall take effect January 1, 2017 provided, however,
that:
1. the amendments to subdivision 4 of section 353.5 of the family
court act made by section twenty-three of this act shall not affect the
expiration and reversion of such subdivision and shall expire and be
deemed repealed therewith, pursuant to section 11 of subpart A of part G
of chapter 57 of the laws of 2012 when upon such date the provisions of
section twenty-five of this act shall take effect;
2. the amendments to section 153-k of the social services law made by
section forty-seven of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith;
3. the amendments to section 404 of the social services law made by
section fifty-one of this act shall not affect the expiration of such
section and shall expire and be deemed repealed therewith;
4. the amendments to subparagraph (ii) of paragraph (a) of subdivision
1 of section 409-a of the social services law made by section fifty-two
of this act shall not affect the expiration of such subparagraph and
shall expire and be deemed repealed therewith;
5. the amendments to subdivision 1 of section 70.20 of the penal law
made by section fifty-seven of this act shall not affect the expiration
of such subdivision and shall expire and be deemed repealed therewith;
6. the provisions of section fifty-nine of this act shall take effect
on December 1, 2015;
7. the provisions of sections sixty-six, seventy-nine, eighty and
eighty-one shall take effect immediately;
8. the amendments to subparagraph 1 of paragraph d of subdivision 3 of
section 3214 of the education law made by section ninety of this act
shall not affect the expiration of such paragraph and shall be deemed to
expire therewith;
9. the amendments to the second undesignated paragraph of subdivision
4 of section 246 of the executive law made by section ninety-two of this
act shall not affect the expiration of such paragraph and shall expire
and be deemed repealed therewith;
10. the amendments made to section 3 of part K of chapter 57 of the
laws of 2012, amending the education law, relating to authorizing the
board of cooperative educational services to enter into contracts with
the commissioner of children and family services to provide certain
services, made by section one hundred three of this act shall not affect
the repeal of such section and shall be deemed to be repealed therewith;
and
11. section one hundred four of this act shall take effect immediate-
ly.
PART K
Section 1. The section heading of section 456 of the social services
law, as added by chapter 865 of the laws of 1977, is amended to read as
follows:
State reimbursement AND PAYMENTS.
S 2. Paragraphs (c) and (d) of subdivision 1 of section 456 of the
social services law, as amended by chapter 601 of the laws of 1994, are
amended to read as follows:
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[(c) one hundred per centum of such payments after first deducting
therefrom any federal funds properly to be received on account of such
payments, for children placed out for adoption by a voluntary authorized
agency or for children being adopted after being placed out for adoption
by a voluntary authorized agency in accordance with the provisions of
this title,] or [(d)] (C) one hundred per centum of such payments after
first deducting therefrom any federal funds properly to be received on
account of such payments, for children placed out for adoption or being
adopted after being placed out for adoption by an Indian tribe as refer-
enced in subdivision seven of section four hundred fifty-one of this
title.
S 3. Section 456 of the social services law is amended by adding a new
subdivision 3 to read as follows:
3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR A
CHILD WHO HAS BEEN PLACED FOR ADOPTION BY A VOLUNTARY AUTHORIZED AGENCY
WITH GUARDIANSHIP AND CUSTODY OR CARE AND CUSTODY OF SUCH CHILD, AS
REFERENCED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-ONE OF THIS
TITLE, PAYMENTS AVAILABLE UNDER SECTION FOUR HUNDRED FIFTY-THREE, FOUR
HUNDRED FIFTY-THREE-A OR FOUR HUNDRED FIFTY-FOUR OF THIS TITLE SHALL BE
MADE BY THE STATE PURSUANT TO A WRITTEN AGREEMENT BETWEEN AN OFFICIAL OF
THE OFFICE OF CHILDREN AND FAMILY SERVICES AND THE PERSONS WHO APPLIED
FOR SUCH PAYMENTS PRIOR TO ADOPTION. NOTWITHSTANDING ANY OTHER PROVISION
OF LAW TO THE CONTRARY, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL
NOT ENTER INTO WRITTEN AGREEMENTS FOR, OR ISSUE, ANY SUCH PAYMENTS IN
INSTANCES WHERE THE PERSON OR PERSONS APPLYING FOR SUCH PAYMENTS RESIDE
OUTSIDE OF THE STATE OF NEW YORK AT THE TIME THE APPLICATION FOR SUCH
PAYMENTS IS MADE.
S 4. This act shall take effect July 1, 2015 and shall only apply to
applications for payments under sections 453, 453-a or 454 of the social
services law that are made on or after such effective date; provided,
however, that effective immediately the commissioner of the office of
children and family services is authorized and directed to promulgate
such rules and regulations as he or she deems necessary to implement the
provisions of this act on or before its effective date.
PART L
Section 1. Section 458-a of the social services law is amended by
adding three new subdivisions 6, 7 and 8 to read as follows:
6. "SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS NAMED IN THE
AGREEMENT IN EFFECT BETWEEN THE RELATIVE GUARDIAN AND SOCIAL SERVICES
OFFICIAL FOR KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS PURSUANT TO THIS
TITLE WHO SHALL PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT
OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN, AS SET FORTH IN SECTION
FOUR HUNDRED FIFTY-EIGHT-B OF THIS TITLE, WHO HAS ASSUMED CARE FOR AND
IS THE GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD, PROVIDED THAT SUCH
PERSON WAS APPOINTED GUARDIAN OR PERMANENT GUARDIAN OF SUCH CHILD BY THE
COURT FOLLOWING, OR DUE TO, THE DEATH OR INCAPACITY OF THE RELATIVE
GUARDIAN.
7. "PROSPECTIVE SUCCESSOR GUARDIAN" SHALL MEAN A PERSON OR PERSONS
WHOM A PROSPECTIVE RELATIVE GUARDIAN OR A RELATIVE GUARDIAN SEEKS TO
NAME IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT, OR ANY
AMENDMENT THERETO, AS SET FORTH IN SECTION FOUR HUNDRED FIFTY-EIGHT-B OF
THIS TITLE, AS THE PERSON OR PERSONS TO PROVIDE CARE AND GUARDIANSHIP
FOR A CHILD IN THE EVENT OF THE DEATH OR INCAPACITY OF A RELATIVE GUARD-
IAN.
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8. "INCAPACITY" SHALL MEAN A SUBSTANTIAL INABILITY TO CARE FOR A CHILD
AS A RESULT OF: (A) A PHYSICALLY DEBILITATING ILLNESS, DISEASE OR INJU-
RY; OR (B) A MENTAL IMPAIRMENT THAT RESULTS IN A SUBSTANTIAL INABILITY
TO UNDERSTAND THE NATURE AND CONSEQUENCES OF DECISIONS CONCERNING THE
CARE OF A CHILD.
S 2. Section 458-b of the social services law is amended by adding a
new subdivision 1-a to read as follows:
1-A. A CHILD SHALL REMAIN ELIGIBLE FOR KINSHIP GUARDIANSHIP ASSIST-
ANCE PAYMENTS UNDER THIS TITLE WHEN A SUCCESSOR GUARDIAN AS DEFINED IN
SUBDIVISION SIX OF SECTION FOUR HUNDRED FIFTY-EIGHT-A OF THIS TITLE
ASSUMES CARE AND GUARDIANSHIP OF THE CHILD.
S 3. Subdivision 4 of section 458-b of the social services law is
amended by adding three new paragraphs (e), (f) and (g) to read as
follows:
(E) THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT EXECUTED IN
ACCORDANCE WITH THIS SECTION AND ANY AMENDMENTS THERETO MAY NAME AN
APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN FOR THE PURPOSE OF
PROVIDING CARE AND GUARDIANSHIP FOR A CHILD IN THE EVENT OF DEATH OR
INCAPACITY OF THE RELATIVE GUARDIAN.
(F) A FULLY EXECUTED AGREEMENT BETWEEN A RELATIVE GUARDIAN AND A
SOCIAL SERVICES OFFICIAL MAY BE AMENDED TO ADD OR MODIFY TERMS AND
CONDITIONS MUTUALLY AGREEABLE TO THE RELATIVE GUARDIAN AND THE SOCIAL
SERVICES OFFICIAL, INCLUDING THE NAMING OF AN APPROPRIATE PERSON AS A
SUCCESSOR GUARDIAN TO PROVIDE CARE AND GUARDIANSHIP FOR A CHILD IN THE
EVENT OF DEATH OR INCAPACITY OF THE RELATIVE GUARDIAN.
(G) THE SOCIAL SERVICES OFFICIAL SHALL INFORM THE RELATIVE GUARDIAN OF
THE RIGHT TO NAME AN APPROPRIATE PERSON TO ACT AS A SUCCESSOR GUARDIAN
IN THE ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT OR THROUGH AN
AMENDMENT TO SUCH AGREEMENT.
S 4. Subdivision 5 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
5. (A) Once the prospective relative guardian with whom a social
services official has entered into an agreement under subdivision four
of this section has been issued letters of guardianship for the child
and the child has been finally discharged from foster care to such rela-
tive, a social services official shall make monthly kinship guardianship
assistance payments for the care and maintenance of the child.
(B) A SOCIAL SERVICES DISTRICT SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF A CHILD TO A SUCCES-
SOR GUARDIAN IN THE EVENT OF DEATH OR INCAPACITY OF A RELATIVE GUARDIAN,
PROVIDED HOWEVER THAT SUCH PAYMENTS SHALL NOT BE AUTHORIZED UNTIL THE
SUCCESSOR GUARDIAN IS GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF
A CHILD BY THE COURT AND ASSUMES CARE OF SUCH CHILD; PROVIDED, FURTHER,
HOWEVER, THAT IF THE SUCCESSOR GUARDIAN ASSUMES CARE OF THE CHILD PRIOR
TO BEING GRANTED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF THE CHILD BY
THE COURT, PAYMENTS UNDER THIS TITLE SHALL BE MADE RETROACTIVELY FROM:
(I) IN THE EVENT OF DEATH OF THE RELATIVE GUARDIAN, THE DATE THE SUCCES-
SOR GUARDIAN ASSUMED CARE OF THE CHILD OR THE DATE OF DEATH OF THE RELA-
TIVE GUARDIAN, WHICHEVER IS LATER; OR (II) IN THE EVENT OF INCAPACITY OF
THE RELATIVE GUARDIAN, THE DATE THE SUCCESSOR GUARDIAN ASSUMED CARE OF
THE CHILD OR THE DATE OF INCAPACITY OF THE RELATIVE GUARDIAN, WHICHEVER
IS LATER.
(C) IN THE EVENT THAT A SUCCESSOR GUARDIAN ASSUMED CARE AND WAS
AWARDED GUARDIANSHIP OR PERMANENT GUARDIANSHIP OF A CHILD BY THE COURT
DUE TO THE INCAPACITY OF A RELATIVE GUARDIAN AND THE RELATIVE GUARDIAN
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IS SUBSEQUENTLY AWARDED OR RESUMES GUARDIANSHIP OR PERMANENT GUARDIAN-
SHIP OF SUCH CHILD AND ASSUMES CARE OF SUCH CHILD AFTER THE INCAPACITY
ENDS, A SOCIAL SERVICES OFFICIAL SHALL MAKE MONTHLY KINSHIP GUARDIANSHIP
ASSISTANCE PAYMENTS FOR THE CARE AND MAINTENANCE OF THE CHILD TO THE
RELATIVE GUARDIAN, IN ACCORDANCE WITH THE TERMS OF THE FULLY EXECUTED
WRITTEN AGREEMENT.
S 5. Paragraph (b) of subdivision 7 of section 458-b of the social
services law, as added by section 4 of part F of chapter 58 of the laws
of 2010, is amended to read as follows:
(b) (I) Notwithstanding paragraph (a) of this subdivision, AND EXCEPT
AS PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION, no
kinship guardianship assistance payments may be made pursuant to this
title if the social services official determines that the relative guar-
dian is no longer legally responsible for the support of the child,
including if the status of the legal guardian is terminated or the child
is no longer receiving any support from such guardian. In accordance
with the regulations of the office, a relative guardian who has been
receiving kinship guardianship assistance payments on behalf of a child
under this title must keep the social services official informed, on an
annual basis, of any circumstances that would make the relative guardian
ineligible for such payments or eligible for payments in a different
amount.
(II) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, AND EXCEPT AS
PROVIDED FOR IN PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION, NO
KINSHIP GUARDIANSHIP ASSISTANCE PAYMENTS MAY BE MADE PURSUANT TO THIS
TITLE TO A SUCCESSOR GUARDIAN IF THE SOCIAL SERVICES OFFICIAL DETERMINES
THAT THE SUCCESSOR GUARDIAN IS NO LONGER LEGALLY RESPONSIBLE FOR THE
SUPPORT OF THE CHILD, INCLUDING IF THE STATUS OF THE SUCCESSOR GUARDIAN
IS TERMINATED OR THE CHILD IS NO LONGER RECEIVING ANY SUPPORT FROM SUCH
GUARDIAN. A SUCCESSOR GUARDIAN WHO HAS BEEN RECEIVING KINSHIP GUARDIAN-
SHIP ASSISTANCE PAYMENTS ON BEHALF OF A CHILD UNDER THIS TITLE MUST KEEP
THE SOCIAL SERVICES OFFICIAL INFORMED, ON AN ANNUAL BASIS, OF ANY
CIRCUMSTANCES THAT WOULD MAKE THE SUCCESSOR GUARDIAN INELIGIBLE FOR SUCH
PAYMENTS OR ELIGIBLE FOR PAYMENTS IN A DIFFERENT AMOUNT.
S 6. Subdivision 8 of section 458-b of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
8. The placement of the child with the relative guardian OR SUCCESSOR
GUARDIAN and any kinship guardianship assistance payments made on behalf
of the child under this section shall be considered never to have been
made when determining the eligibility for adoption subsidy payments
under title nine of this article of a child in such legal guardianship
arrangement.
S 7. Subdivision 2 of section 458-d of the social services law, as
added by section 4 of part F of chapter 58 of the laws of 2010, is
amended to read as follows:
2. In addition, a social services official shall make payments for the
cost of care, services and supplies payable under the state's program of
medical assistance for needy persons provided to any child for whom
kinship guardianship assistance payments are being made under this title
who is not eligible for medical assistance under subdivision one of this
section and for whom the relative OR SUCCESSOR guardian is unable to
obtain appropriate and affordable medical coverage through any other
available means, regardless of whether the child otherwise qualifies for
medical assistance for needy persons. Payments pursuant to this subdivi-
sion shall be made only with respect to the cost of care, services, and
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supplies which are not otherwise covered or subject to payment or
reimbursement by insurance, medical assistance or other sources.
Payments made pursuant to this subdivision shall only be made if the
relative OR SUCCESSOR guardian applies to obtain such medical coverage
for the child from all available sources, unless the social services
official determines that the relative guardian has good cause for not
applying for such coverage; which shall include that appropriate cover-
age is not available or affordable.
S 8. Subdivisions 1 and 2 of section 458-f of the social services law,
as added by section 4 of part F of chapter 58 of the laws of 2010, are
amended to read as follows:
1. Any person aggrieved by the decision of a social services official
not to make a payment or payments pursuant to this title or to make such
payment or payments in an inadequate or inappropriate amount or the
failure of a social services official to determine an application under
this title within thirty days after filing, OR THE FAILURE OF A SOCIAL
SERVICES DISTRICT TO APPROVE PAYMENTS FOR A PROSPECTIVE SUCCESSOR GUARD-
IAN, may appeal to the office of children and family services, which
shall review the case and give such person an opportunity for a fair
hearing thereon and render its decision within thirty days. All deci-
sions of the office of children and family services shall be binding
upon the social services district involved and shall be complied with by
the social services official thereof.
2. The only issues which may be raised in a fair hearing under this
section are: (a) whether the social services official has improperly
denied an application for payments under this title; (b) whether the
social services official has improperly discontinued payments under this
title; (c) whether the social services official has determined the
amount of the payments made or to be made in violation of the provisions
of this title or the regulations of the office of children and family
services promulgated hereunder; [or] (d) whether the social services
official has failed to determine an application under this title within
thirty days; OR (E) WHETHER THE SOCIAL SERVICES OFFICIAL HAS IMPROPERLY
DENIED AN APPLICATION TO NAME A PROSPECTIVE SUCCESSOR GUARDIAN IN THE
ORIGINAL KINSHIP GUARDIANSHIP ASSISTANCE AGREEMENT FOR PAYMENTS PURSUANT
TO THIS TITLE OR ANY AMENDMENTS THERETO.
S 9. Paragraph (c) of subdivision 7 of section 353.3 of the family
court act, as amended by section 6 of part G of chapter 58 of the laws
of 2010, is amended to read as follows:
(c) Where the respondent is placed pursuant to subdivision two or
three of this section, such report shall contain a plan for the release,
or conditional release (pursuant to section five hundred ten-a of the
executive law), of the respondent to the custody of his or her parent or
other person legally responsible, [to independent living] or to another
permanency alternative as provided in paragraph (d) of subdivision seven
of section 355.5 of this part. If the respondent is subject to article
sixty-five of the education law or elects to participate in an educa-
tional program leading to a high school diploma, such plan shall
include, but not be limited to, the steps that the agency with which the
respondent is placed has taken and will be taking to facilitate the
enrollment of the respondent in a school or educational program leading
to a high school diploma following release, or, if such release occurs
during the summer recess, upon the commencement of the next school term.
If the respondent is not subject to article sixty-five of the education
law and does not elect to participate in an educational program leading
to a high school diploma, such plan shall include, but not be limited
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to, the steps that the agency with which the respondent is placed has
taken and will be taking to assist the respondent to become gainfully
employed or enrolled in a vocational program following release.
S 10. Paragraph (b) of subdivision 7 of section 355.5 of the family
court act, as added by chapter 7 of the laws of 1999, is amended to read
as follows:
(b) in the case of a respondent who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the respondent to make
the transition from foster care to independent living;
S 11. Paragraph (d) of subdivision 7 of section 355.5 of the family
court act, as amended by chapter 181 of the laws of 2000, is amended to
read as follows:
(d) with regard to the completion of placement ordered by the court
pursuant to section 353.3 or 355.3 of this [article] PART: whether and
when the respondent: (i) will be returned to the parent; (ii) should be
placed for adoption with the local commissioner of social services
filing a petition for termination of parental rights; (iii) should be
referred for legal guardianship; (iv) should be placed permanently with
a fit and willing relative; or (v) should be placed in another planned
permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT if THE RESPONDENT
IS AGE SIXTEEN OR OLDER AND (A) the office of children and family
services or the local commissioner of social services has documented to
the court [a]: (1) THE INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE
HEARING, UNSUCCESSFUL EFFORTS MADE TO RETURN THE RESPONDENT HOME OR
SECURE A PLACEMENT FOR THE RESPONDENT WITH A FIT AND WILLING RELATIVE
INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT,
INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING
SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (2) THE
STEPS BEING TAKEN TO ENSURE THAT (I) THE RESPONDENT'S FOSTER FAMILY HOME
OR CHILD CARE FACILITY IS FOLLOWING THE REASONABLE AND PRUDENT PARENT
STANDARD IN ACCORDANCE WITH GUIDANCE PROVIDED BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, AND (II) THE RESPONDENT HAS
REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR DEVELOPMENTALLY
APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE RESPONDENT IN AN
AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE RESPONDENT TO
PARTICIPATE IN ACTIVITIES; AND (B) THE OFFICE OF CHILDREN AND FAMILY
SERVICES OR THE LOCAL COMMISSIONER OF SOCIAL SERVICES HAS DOCUMENTED TO
THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE compelling
[reason] REASONS for determining that it [would] CONTINUES TO not be in
the best interest of the respondent to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (C) THE
COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THIS
HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
RESPONDENT IS THE BEST PERMANENCY PLAN FOR THE RESPONDENT; AND
S 12. Subdivision 8 of section 355.5 of the family court act, as added
by section 2 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
8. At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan
for the respondent; PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE
SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS
PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIF-
ICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE
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RESPONDENT, THE COURT MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMAN-
ENCY OUTCOME FOR THE RESPONDENT.
S 13. Subparagraph (ii) of paragraph (a) of subdivision 2 of section
754 of the family court act, as amended by chapter 7 of the laws of
1999, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to make the
transition from foster care to independent living. Nothing in this
subdivision shall be construed to modify the standards for directing
detention set forth in section seven hundred thirty-nine of this arti-
cle.
S 14. The closing paragraph of paragraph (b) of subdivision 2 of
section 754 of the family court act, as added by chapter 7 of the laws
of 1999, is amended to read as follows:
If the court determines that reasonable efforts are not required
because of one of the grounds set forth above, a permanency hearing
shall be held within thirty days of the finding of the court that such
efforts are not required. At the permanency hearing, the court shall
determine the appropriateness of the permanency plan prepared by the
social services official which shall include whether and when the child:
(A) will be returned to the parent; (B) should be placed for adoption
with the social services official filing a petition for termination of
parental rights; (C) should be referred for legal guardianship; (D)
should be placed permanently with a fit and willing relative; or (E)
should be placed in another planned permanent living arrangement WITH A
SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE
FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the [social
services official has documented to the court a compelling reason for
determining that it would not be in the best interest of the child to
return home, be referred for termination of parental rights and placed
for adoption, placed with a fit and willing relative, or placed with a
legal guardian] REQUIREMENTS OF SUBPARAGRAPH (E) OF PARAGRAPH (IV) OF
SUBDIVISION (D) OF SECTION SEVEN HUNDRED FIFTY-SIX-A OF THIS PART HAVE
BEEN MET. The social services official shall thereafter make reasonable
efforts to place the child in a timely manner and to complete whatever
steps are necessary to finalize the permanent placement of the child as
set forth in the permanency plan approved by the court. If reasonable
efforts are determined by the court not to be required because of one of
the grounds set forth in this paragraph, the social services official
may file a petition for termination of parental rights in accordance
with section three hundred eighty-four-b of the social services law.
S 15. Paragraph (ii) of subdivision (d) of section 756-a of the family
court act, as amended by section 4 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(ii) in the case of a child who has attained the age of [sixteen]
FOURTEEN, the services needed, if any, to assist the child to make the
transition from foster care to independent living;
S 16. Paragraphs (iii) and (iv) of subdivision (d) of section 756-a of
the family court act, as amended by section 4 of part B of chapter 327
of the laws of 2007, are amended to read as follows:
(iii) in the case of a child placed outside New York state, whether
the out-of-state placement continues to be appropriate and in the best
interests of the child; [and]
(iv) whether and when the child: (A) will be returned to the parent;
(B) should be placed for adoption with the social services official
filing a petition for termination of parental rights; (C) should be
A. 6006 123
referred for legal guardianship; (D) should be placed permanently with a
fit and willing relative; or (E) should be placed in another planned
permanent living arrangement WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD if THE CHILD IS AGE
SIXTEEN OR OLDER AND (1) the social services official has documented to
the court [a]: (I) INTENSIVE, ONGOING, AND, AS OF THE DATE OF THE HEAR-
ING, UNSUCCESSFUL EFFORTS MADE BY THE SOCIAL SERVICES DISTRICT TO RETURN
THE CHILD HOME OR SECURE A PLACEMENT FOR THE CHILD WITH A FIT AND WILL-
ING RELATIVE INCLUDING ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE
PARENT, INCLUDING THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUD-
ING SOCIAL MEDIA TO FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (II)
THE STEPS THE SOCIAL SERVICES DISTRICT IS TAKING TO ENSURE THAT (A) THE
CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY IS FOLLOWING THE
REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH GUIDANCE
PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
AND (B) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO ENGAGE IN AGE OR
DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY CONSULTING WITH THE
CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPORTUNITIES OF THE CHILD
TO PARTICIPATE IN ACTIVITIES; AND (2) THE SOCIAL SERVICES DISTRICT HAS
DOCUMENTED TO THE COURT AND THE COURT HAS DETERMINED THAT THERE ARE
compelling [reason] REASONS for determining that it [would] CONTINUES TO
not be in the best interest of the child to return home, be referred for
termination of parental rights and placed for adoption, placed with a
fit and willing relative, or placed with a legal guardian; and (3) THE
COURT HAS MADE A DETERMINATION EXPLAINING WHY, AS OF THE DATE OF THE
HEARING, ANOTHER PLANNED LIVING ARRANGEMENT WITH A SIGNIFICANT
CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD
IS THE BEST PERMANENCY PLAN FOR THE CHILD; AND
(V) where the child will not be returned home, consideration of appro-
priate in-state and out-of-state placements.
S 17. Subdivision (d-1) of section 756-a of the family court act, as
added by section 4 of part B of chapter 327 of the laws of 2007, is
amended to read as follows:
(d-1) At the permanency hearing, the court shall consult with the
respondent in an age-appropriate manner regarding the permanency plan;
PROVIDED, HOWEVER, THAT IF THE RESPONDENT IS AGE SIXTEEN OR OLDER AND
THE REQUESTED PERMANENCY PLAN FOR THE RESPONDENT IS PLACEMENT IN ANOTHER
PLANNED PERMANENT LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN
ADULT WILLING TO BE A PERMANENCY RESOURCE FOR THE RESPONDENT, THE COURT
MUST ASK THE RESPONDENT ABOUT THE DESIRED PERMANENCY OUTCOME FOR THE
RESPONDENT.
S 18. Paragraph (v) of subdivision (c) of section 1039-b of the family
court act, as amended by section 5 of part B of chapter 327 of the laws
of 2007, is amended to read as follows:
(v) should be placed in another planned permanent living arrangement
WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY
RESOURCE FOR THE CHILD IF THE CHILD IS AGE SIXTEEN OR OLDER AND if the
[social services official has documented to the court a compelling
reason for determining that it would not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF SUBPARAGRAPH (I) OF
PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE THOUSAND EIGHTY-NINE OF
THIS CHAPTER HAVE BEEN MET. The social services official shall there-
after make reasonable efforts to place the child in a timely manner,
including consideration of appropriate in-state and out-of-state place-
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ments, and to complete whatever steps are necessary to finalize the
permanent placement of the child as set forth in the permanency plan
approved by the court. If reasonable efforts are determined by the court
not to be required because of one of the grounds set forth in this para-
graph, the social services official may file a petition for termination
of parental rights in accordance with section three hundred
eighty-four-b of the social services law.
S 19. Item (v) of clause 7 of subparagraph (A) of paragraph (i) of
subdivision (b) of section 1052 of the family court act, as amended by
section 7 of part B of chapter 327 of the laws of 2007, is amended to
read as follows:
(v) should be placed in another planned permanent living arrangement
that includes a significant connection to an adult [who is] willing to
be a permanency resource for the child, IF THE CHILD IS AGE SIXTEEN OR
OLDER AND if the [social services official has documented to the court a
compelling reason for determining that it would not be in the best
interest of the child to return home, be referred for termination of
parental rights and placed for adoption, placed with a fit and willing
relative, or placed with a legal guardian] REQUIREMENTS OF CLAUSE (E) OF
SUBPARAGRAPH (I) OF PARAGRAPH TWO OF SUBDIVISION (D) OF SECTION ONE
THOUSAND EIGHTY-NINE OF THE CHAPTER HAVE BEEN MET. The social services
official shall thereafter make reasonable efforts to place the child in
a timely manner, including consideration of appropriate in-state and
out-of-state placements, and to complete whatever steps are necessary to
finalize the permanent placement of the child as set forth in the
permanency plan approved by the court. If reasonable efforts are deter-
mined by the court not to be required because of one of the grounds set
forth in this paragraph, the social services official may file a peti-
tion for termination of parental rights in accordance with section three
hundred eighty-four-b of the social services law.
S 20. Subparagraph (v) of paragraph 1 of subdivision (c) of section
1089 of the family court act, as added by section 27 of part A of chap-
ter 3 of the laws of 2005, is amended to read as follows:
(v) placement in another planned permanent living arrangement that
includes a significant connection to an adult who is willing to be a
permanency resource for the child IF THE CHILD IS AGE SIXTEEN OR OLDER,
including documentation of: (A) INTENSIVE, ONGOING, AND, AS OF THE DATE
OF THE HEARING, UNSUCCESSFUL EFFORTS TO RETURN THE CHILD HOME OR SECURE
A PLACEMENT FOR THE CHILD WITH A FIT AND WILLING RELATIVE INCLUDING
ADULT SIBLINGS, A LEGAL GUARDIAN, OR AN ADOPTIVE PARENT, INCLUDING
THROUGH EFFORTS THAT UTILIZE SEARCH TECHNOLOGY INCLUDING SOCIAL MEDIA TO
FIND BIOLOGICAL FAMILY MEMBERS FOR CHILDREN, (B) THE STEPS BEING TAKEN
TO ENSURE THAT (I) THE CHILD'S FOSTER FAMILY HOME OR CHILD CARE FACILITY
IS FOLLOWING THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE
WITH THE GUIDANCE PROVIDED BY THE UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, AND (II) THE CHILD HAS REGULAR, ONGOING OPPORTUNITIES TO
ENGAGE IN AGE OR DEVELOPMENTALLY APPROPRIATE ACTIVITIES INCLUDING BY
CONSULTING WITH THE CHILD IN AN AGE-APPROPRIATE MANNER ABOUT THE OPPOR-
TUNITIES OF THE CHILD TO PARTICIPATE IN ACTIVITIES, AND (C) the compel-
ling [reason] REASONS for determining that it [would] CONTINUES TO not
be in the best interests of the child to be returned home, placed for
adoption, placed with a legal guardian, or placed with a fit and willing
relative;
S 21. The opening paragraph of subdivision (d) of section 1089 of the
family court act, as amended by chapter 334 of the laws of 2009, is
amended to read as follows:
A. 6006 125
Evidence, court findings and order. The provisions of subdivisions (a)
and (c) of section one thousand forty-six of this act shall apply to all
proceedings under this article. THE PERMANENCY HEARING SHALL INCLUDE AN
AGE APPROPRIATE CONSULTATION WITH THE CHILD; PROVIDED, HOWEVER THAT IF
THE CHILD IS AGE SIXTEEN OR OLDER AND THE REQUESTED PERMANENCY PLAN FOR
THE CHILD IS PLACEMENT IN ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT
WITH A SIGNIFICANT CONNECTION TO AN ADULT WILLING TO BE A PERMANENCY
RESOURCE FOR THE CHILD, THE COURT MUST ASK THE CHILD ABOUT THE DESIRED
PERMANENCY OUTCOME FOR THE CHILD. At the conclusion of each permanency
hearing, the court shall, upon the proof adduced, [which shall include
age-appropriate consultation with the child who is the subject of the
permanency hearing,] and in accordance with the best interests and safe-
ty of the child, including whether the child would be at risk of abuse
or neglect if returned to the parent or other person legally responsi-
ble, determine and issue its findings, and enter an order of disposition
in writing:
S 22. Clause (E) of subparagraph (i) of paragraph 2 of subdivision (d)
of section 1089 of the family court act, as added by section 27 of part
A of chapter 3 of the laws of 2005, is amended to read as follows:
(E) placement in another planned permanent living arrangement that
includes a significant connection to an adult willing to be a permanency
resource for the child if the [local social services official has docu-
mented to] CHILD IS AGE SIXTEEN OR OLDER AND the court [a] HAS DETER-
MINED THAT AS OF THE DATE OF THE PERMANENCY HEARING, ANOTHER PLANNED
PERMANENCY LIVING ARRANGEMENT WITH A SIGNIFICANT CONNECTION TO AN ADULT
WILLING TO BE A PERMANENCY RESOURCE FOR THE CHILD IS THE BEST PERMANENCY
PLAN FOR THE CHILD AND THERE ARE compelling [reason] REASONS for deter-
mining that it [would] CONTINUES TO not be in the best interests of the
child to return home, be referred for termination of parental rights and
placed for adoption, placed with a fit and willing relative, or placed
with a legal guardian;
S 23. Subdivision 2 of section 4173 of the public health law, as
amended by chapter 644 of the laws of 1988, is amended to read as
follows:
2. A certified copy or certified transcript of a birth record shall be
issued only upon order of a court of competent jurisdiction or upon a
specific request therefor by the person, if eighteen years of age or
more, or by a parent or other lawful representative of the person to
whom the record of birth relates INCLUDING AN AUTHORIZED REPRESENTATIVE
OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL SOCIAL SERVICES
DISTRICT IF THE PERSON IS IN THE CARE AND CUSTODY OR CUSTODY AND GUARDI-
ANSHIP OF SUCH ENTITY.
S 24. Paragraph (b) of subdivision 1 of section 4174 of the public
health law, as amended by chapter 396 of the laws of 1989, is amended to
read as follows:
(b) issue certified copies or certified transcripts of birth certif-
icates only (1) upon order of a court of competent jurisdiction, or (2)
upon specific request therefor by the person, if eighteen years of age
or more, or by a parent or other lawful representative of the person, to
whom the record of birth relates INCLUDING AUTHORIZED REPRESENTATIVES OF
A LOCAL SOCIAL SERVICES DISTRICT IF THE PERSON IS IN THE CARE AND CUSTO-
DY OR CUSTODY AND GUARDIANSHIP OF SUCH DISTRICT, or (3) upon specific
request therefor by a department of a state or the federal government of
the United States;
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S 25. Subdivision 4 of section 4174 of the public health law, as
amended by section 132 of subpart B of part C of chapter 62 of the laws
of 2011, is amended to read as follows:
4. No fee shall be charged for a search, certification, certificate,
certified copy or certified transcript of a record to be used for school
entrance, employment certificate or for purposes of public relief or
when required by the veterans administration to be used in determining
the eligibility of any person to participate in the benefits made avail-
able by the veterans administration or when required by a board of
elections for the purposes of determining voter eligibility or when
requested by the department of corrections and community supervision or
a local correctional facility as defined in subdivision sixteen of
section two of the correction law for the purpose of providing a certi-
fied copy or certified transcript of birth to an inmate in anticipation
of such inmate's release from custody or when requested by the office of
children and family services or an authorized agency for the purpose of
providing a certified copy or certified transcript of birth to a youth
placed in the CARE AND custody OR CUSTODY AND GUARDIANSHIP of the local
commissioner of social services or the CARE AND custody OR CUSTODY AND
GUARDIANSHIP of the office of children and family services [pursuant to
article three of the family court act] in anticipation of such youth's
discharge from placement OR FOSTER CARE.
S 26. Subdivision 1 of section 837-e of the executive law, as amended
by chapter 690 of the laws of 1994, is amended to read as follows:
1. There is hereby established through electronic data processing and
related procedures, a statewide central register for missing children
which shall be compatible with the national crime information center
register maintained pursuant to the federal missing children act of
nineteen hundred eighty-two[, such missing]. AS USED IN THIS ARTICLE,
THE TERM MISSING child [hereinafter defined as] SHALL MEAN any person
under the age of eighteen years, OR ANY YOUTH, UNDER THE AGE OF TWENTY-
ONE YEARS, THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES OR A LOCAL
DEPARTMENT OF SOCIAL SERVICES HAS RESPONSIBILITY FOR PLACEMENT, CARE, OR
SUPERVISION, OR WHO IS THE SUBJECT CHILD OF A CHILD PROTECTIVE INVESTI-
GATION, IS RECEIVING SERVICES UNDER SECTION 477 OF THE SOCIAL SECURITY
ACT, OR HAS RUN AWAY FROM FOSTER CARE, WHERE SUCH OFFICE OR DEPARTMENT
HAS REASONABLE CAUSE TO BELIEVE THAT SUCH YOUTH IS, OR IS AT RISK OF
BEING, A SEX TRAFFICKING VICTIM, WHO IS missing from his or her normal
and ordinary place of residence and whose whereabouts cannot be deter-
mined by a person responsible for the child's care and any child known
to have been taken, enticed or concealed from the custody of his or her
lawful guardian by a person who has no legal right to do so.
S 27. Severability. If any clause, sentence, paragraph, subdivision,
section or part contained in any 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, subdivi-
sion, section or part contained in any part thereof directly involved in
the controversy in which such judgment 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 28. This act shall take effect immediately, provided however that
sections nine through twenty-five of this act shall take effect Septem-
ber 1, 2015 and section twenty-six of this act shall take effect January
1, 2016.
A. 6006 127
PART M
Section 1. Notwithstanding any other provision of law, the housing
trust fund corporation may provide, for purposes of the rural rental
assistance program, a sum not to exceed twenty-one million six hundred
forty-two thousand dollars for the fiscal year ending March 31, 2016.
Notwithstanding any other provision of law, and subject to the approval
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to
the housing trust fund corporation, for the purposes of reimbursing any
costs associated with rural rental assistance program contracts author-
ized by this section, a total sum not to exceed twenty-one million six
hundred forty-two thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) 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 state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015. Notwithstanding any other provision of
law, such funds may be used by the corporation in support of contracts
scheduled to expire in the fiscal year ending March 31, 2016 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 the fiscal year
ending March 31, 2016 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 forty-two million
dollars for the fiscal year ending March 31, 2016. 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 state of New York
mortgage agency) required to accomplish the purposes of such account,
the board of directors of the state of New York mortgage agency shall
authorize the transfer from the project pool insurance account of the
mortgage insurance fund to the housing finance agency, for the purposes
of reimbursing any costs associated with Mitchell Lama housing projects
authorized by this section, a total sum not to exceed forty-two million
dollars as soon as practicable but no later than March 31, 2016.
S 3. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the neighborhood preserva-
tion program, a sum not to exceed eight million four hundred seventy-
nine thousand dollars for the fiscal year ending March 31, 2016. Within
this total amount one hundred fifty thousand dollars shall be used for
the purpose of entering into a contract with the neighborhood preserva-
tion coalition to provide technical assistance and service to companies
funded pursuant to article XVI of the private housing finance law.
Notwithstanding any other provision of law, and subject to the approval
A. 6006 128
of the New York state director of the budget, the board of directors of
the state of New York mortgage agency shall authorize the transfer to
the housing trust fund 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 thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) 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 state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than June 30, 2015.
S 4. Notwithstanding any other provision of law, the housing trust
fund 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, 2016. Within this
total amount one hundred fifty thousand dollars shall be used for the
purpose of entering into a contract with the rural housing coalition to
provide technical assistance and services to companies funded pursuant
to article XVII of the private housing finance law. Notwithstanding any
other provision of law, and subject to the approval of the New York
state director of the budget, the board of directors of the state of New
York mortgage agency shall authorize the transfer to the housing trust
fund 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, such transfer to be made from (i) the special account of the
mortgage insurance fund created pursuant to section 2429-b of the public
authorities law, in an amount not to exceed the actual excess balance in
the special account of the mortgage insurance fund, as determined and
certified by the state of New York mortgage agency for the fiscal year
2014-2015 in accordance with section 2429-b of the public authorities
law, if any, and/or (ii) 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 state of New York
mortgage agency) required to accomplish the purposes of such account,
the project pool insurance account of the mortgage insurance fund, such
transfer to be made as soon as practicable but no later than June 30,
2015.
S 5. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural and urban commu-
nity investment fund program created pursuant to article XXVII of the
private housing finance law, a sum not to exceed ten million dollars for
the fiscal year ending March 31, 2016. 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 state of New York
A. 6006 129
mortgage 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, for the
purposes of reimbursing any costs associated with rural and urban commu-
nity investment fund program contracts authorized by this section, a
total sum not to exceed ten million dollars as soon as practicable but
not later than March 31, 2016.
S 6. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for the purposes of the urban initiatives
program created pursuant to article XVI-A of the private housing finance
law, a sum not to exceed five million dollars for the fiscal year ending
March 31, 2016. 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 state of New York mortgage agency) required to accom-
plish 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, for the purposes of reimbursing any
costs associated with urban initiatives projects authorized by this
section, a total sum not to exceed five million dollars as soon as prac-
ticable but not later than March 31, 2016.
S 7. Notwithstanding any other provision of law, the housing trust
fund corporation may provide, for purposes of the rural area revitaliza-
tion projects program created pursuant to article XVII-B of the private
housing finance law, a sum not to exceed two million dollars for the
fiscal year ending March 31, 2016. 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 main-
tain the credit rating (as determined by the state of New York mortgage
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, for the purposes
of reimbursing any costs associated with rural area revitalization
projects authorized by this section, a total sum not to exceed two
million dollars as soon as practicable but not later than March 31,
2016.
S 8. Notwithstanding any other provision of law, the housing trust
fund 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
seven million five hundred thousand dollars for the fiscal year ending
March 31, 2016. 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 authori-
ties law are sufficient to attain and maintain the credit rating (as
determined by the state of New York mortgage agency) required to accom-
plish 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, for the purposes of carrying out the
provisions of the low income housing trust fund program created pursuant
A. 6006 130
to article XVIII of the private housing finance law authorized by this
section, a total sum not to exceed seven million five hundred thousand
dollars as soon as practicable but no later than March 31, 2016.
S 9. Notwithstanding any other provision of law, the housing trust
fund 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 eight million five hundred thousand dollars for the fiscal
year ending March 31, 2016. 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 state of New York mortgage 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, 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 eight million five
hundred thousand dollars as soon as practicable but no later than March
31, 2016.
S 10. Notwithstanding any other provision of law, the homeless housing
and assistance corporation may provide, for purposes of the New York
state supportive housing program, the solutions to end homelessness
program or the operational support for AIDS housing program, or to qual-
ified grantees under those programs, in accordance with the requirements
of those programs, a sum not to exceed thirty-one million three hundred
forty thousand dollars for the fiscal year ending March 31, 2016. The
homeless housing and assistance corporation may enter into an agreement
with the office of temporary and disability assistance to administer
such sum in accordance with the requirements of the programs. Notwith-
standing any other provision of law, and subject to the approval of the
director of the budget, the board of directors of the state of New York
mortgage agency shall authorize the transfer to the homeless housing and
assistance corporation, a total sum not to exceed thirty-one million
three hundred forty thousand dollars, such transfer to be made from (i)
the special account of the mortgage insurance fund created pursuant to
section 2429-b of the public authorities law, in an amount not to exceed
the actual excess balance in the special account of the mortgage insur-
ance fund, as determined and certified by the state of New York mortgage
agency for the fiscal year 2014-2015 in accordance with section 2429-b
of the public authorities law, if any, and/or (ii) 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 state of New York mortgage agency) required to accomplish the
purposes of such account, the project pool insurance account of the
mortgage insurance fund, such transfer to be made as soon as practicable
but no later than March 31, 2016.
S 11. This act shall take effect immediately.
PART N
A. 6006 131
Section 1. Paragraph (n) of subdivision 5 of section 651 of the labor
law, as amended by chapter 481 of the laws of 2010, is amended to read
as follows:
(n) by [a] THE federal[, state or municipal] government or political
subdivision thereof. The exclusions from the term "employee" contained
in this subdivision shall be as defined by regulations of the commis-
sioner; or
S 2. Subdivision 6 of section 651 of the labor law, as amended by
chapter 281 of the laws of 2002, is amended to read as follows:
6. "Employer" includes any individual, partnership, association,
corporation, limited liability company, business trust, legal represen-
tative, STATE OR MUNICIPAL GOVERNMENT OR POLITICAL SUBDIVISION THEREOF,
or any organized group of persons acting as employer.
S 3. Subdivisions 1, 4 and 5 of section 652 of the labor law, subdivi-
sion 1 as amended by section 1 of part P of chapter 57 of the laws of
2013 and subdivisions 4 and 5 as amended by chapter 747 of the laws of
2004, are amended to read as follows:
1. Statutory. Every employer shall pay to each of its employees for
each hour worked a wage of not less than:
$4.25 on and after April 1, 1991,
$5.15 on and after March 31, 2000,
$6.00 on and after January 1, 2005,
$6.75 on and after January 1, 2006,
$7.15 on and after January 1, 2007,
$8.00 on and after December 31, 2013,
$8.75 on and after December 31, 2014,
$9.00 on and after December 31, 2015,
$12.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND
$10.50 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016,
$13.75 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND
$11.55 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2017,
$15.00 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND
$12.60 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2018, AND
ON AND AFTER DECEMBER 31, 2019 AND ON EACH FOLLOWING DECEMBER
THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED
MINIMUM WAGE RATE BY INCREASING THE THEN CURRENT MINIMUM WAGE RATE BY
THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE
PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE INDEX-ALL
URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
ZERO PERCENT, or, if greater, such other wage as may be established by
federal law pursuant to 29 U.S.C. section 206 or its successors
or such other wage as may be established in accordance with the
provisions of this article.
4. Notwithstanding subdivisions one and two of this section, the wage
for an employee who is a food service worker receiving tips shall be a
cash wage of at least three dollars and thirty cents per hour on or
A. 6006 132
after March thirty-first, two thousand; three dollars and eighty-five
cents on or after January first, two thousand five; at least four
dollars and thirty-five cents on or after January first, two thousand
six; [and] at least four dollars and sixty cents on or after January
first, two thousand seven[,]; AND AT LEAST $9.50 IN A CITY WITH A POPU-
LATION IN EXCESS OF ONE MILLION AND IN COUNTIES WITH A POPULATION OF
NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO
OF THE PUBLIC AUTHORITIES LAW, AND $7.50 IN THE REMAINDER OF THE STATE
ON AND AFTER DECEMBER 31, 2016; AND AT LEAST $10.45 IN A CITY WITH A
POPULATION IN EXCESS OF ONE MILLION AND IN COUNTIES WITH A POPULATION OF
NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO
OF THE PUBLIC AUTHORITIES LAW, AND $8.25 IN THE REMAINDER OF THE STATE
ON AND AFTER DECEMBER 31, 2017; AND $11.40 IN A CITY WITH A POPULATION
IN EXCESS OF ONE MILLION AND IN COUNTIES WITH A POPULATION OF NINE
HUNDRED THOUSAND OR MORE THAT FALL WITHIN THE METROPOLITAN COMMUTER
TRANSPORTATION DISTRICT AS DEFINED IN SECTION TWELVE HUNDRED SIXTY-TWO
OF THE PUBLIC AUTHORITIES LAW, AND $9.00 IN THE REMAINDER OF THE STATE
ON AND AFTER DECEMBER 31, 2018 AND ON EACH FOLLOWING DECEMBER
THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND ESTABLISH AN ADJUSTED
CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH WAGE RATE BY THE RATE
OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD AVAILABLE PRIOR TO
EACH DECEMBER THIRTY-FIRST USING THE CONSUMER PRICE INDEX-ALL URBAN
CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED
STATES DEPARTMENT OF LABOR, IF SUCH RATE OF INFLATION IS GREATER THAN
ZERO PERCENT provided that the tips of such an employee, when added to
such cash wage, are equal to or exceed the minimum wage in effect pursu-
ant to subdivision one of this section and provided further that no
other cash wage is established pursuant to section six hundred fifty-
three of this article. In the event the cash wage payable under the Fair
Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is
increased after enactment of this subdivision, the cash wage payable
under this subdivision shall automatically be increased by the propor-
tionate increase in the cash wage payable under such federal law, and
will be immediately enforceable as the cash wage payable to food service
workers under this article.
5. Notwithstanding subdivisions one and two of this section, meal and
lodging allowances for a food service worker receiving a cash wage
amounting to three dollars and thirty cents per hour on or after March
thirty-first, two thousand; three dollars and eighty-five cents on or
after January first, two thousand five; four dollars and thirty-five
cents on or after January first, two thousand six; [and] four dollars
and sixty cents on or after January first, two thousand seven[,]; AND AT
LEAST $9.50 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN
COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND
$7.50 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2016; AND
AT LEAST $10.45 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND
IN COUNTIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL
WITHIN THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN
SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND
$8.25 IN THE REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2017; AND
$11.40 IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION AND IN COUN-
TIES WITH A POPULATION OF NINE HUNDRED THOUSAND OR MORE THAT FALL WITHIN
A. 6006 133
THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT AS DEFINED IN SECTION
TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW, AND $9.00 IN THE
REMAINDER OF THE STATE ON AND AFTER DECEMBER 31, 2018 AND ON EACH
FOLLOWING DECEMBER THIRTY-FIRST, THE COMMISSIONER SHALL CALCULATE AND
ESTABLISH AN ADJUSTED CASH WAGE RATE BY INCREASING THE THEN CURRENT CASH
WAGE RATE BY THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH
PERIOD AVAILABLE PRIOR TO EACH DECEMBER THIRTY-FIRST USING THE CONSUMER
PRICE INDEX-ALL URBAN CONSUMERS, CPI-U, OR A SUCCESSOR INDEX AS CALCU-
LATED BY THE UNITED STATES DEPARTMENT OF LABOR, IF SUCH RATE OF
INFLATION IS GREATER THAN ZERO PERCENT shall not increase more than
two-thirds of the increase required by subdivision two of this section
as applied to state wage orders in effect pursuant to subdivision one of
this section.
S 4. The labor law is amended by adding a new section 525 to read as
follows:
S 525. HIGH QUARTER THRESHOLD. FOR PURPOSES OF THIS ARTICLE, "HIGH
QUARTER THRESHOLD" SHALL EQUAL TWO HUNDRED TWENTY-ONE TIMES THE MINIMUM
WAGE RATE SPECIFIED BELOW ROUNDED DOWN TO THE NEAREST ONE HUNDRED
DOLLARS. THE MINIMUM WAGE RATE REFERENCED ABOVE SHALL BE A SINGLE HOURLY
RATE THAT: (I) IS LISTED IN SUBDIVISION ONE OF SECTION SIX HUNDRED
FIFTY-TWO OF THIS CHAPTER; (II) IS A GENERAL RATE THAT IS NOT RESTRICTED
TO SPECIFIED LOCALITIES, INDUSTRIES, OCCUPATIONS OR EMPLOYMENTS AND;
(III) WAS IN EFFECT EIGHTEEN MONTHS BEFORE THE MONDAY OF THE WEEK THAT
THE CLAIM WAS FILED, AS DETERMINED BY THE COMMISSIONER.
S 5. Subdivision 1 and paragraph (a) of subdivision 2 of section 527
of the labor law, as amended by section 2 of part O of chapter 57 of the
laws of 2013, are amended to read as follows:
1. Basic condition. "Valid original claim" is a claim filed by a
claimant who meets the following qualifications: (a) is able to work,
and available for work; (b) is not subject to any disqualification or
suspension under this article; (c) his or her previously established
benefit year, if any, has expired; (d) has been paid remuneration by
employers liable for contributions or for payments in lieu of contrib-
utions under this article, other than employers from whom the claimant
lost employment and for which the commissioner makes a determination
disqualifying the claimant for misconduct pursuant to subdivisions three
and six of section five hundred ninety-three of this article, for
employment during at least two calendar quarters of the base period,
with remuneration of one and one-half times the high calendar quarter
remuneration within the base period and with [at least two hundred twen-
ty-one times the minimum wage established under subdivision one of
section six hundred fifty-two of this chapter rounded down to the near-
est one hundred dollars of such remuneration being paid during the high
calendar quarter of such base period] REMUNERATION DURING THE HIGH
CALENDAR QUARTER OF NO LESS THAN THE HIGH QUARTER THRESHOLD. For
purposes of this section, the remuneration in the high calendar quarter
of the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit rate as
set forth in subdivision five of section five hundred ninety of this
article for all individuals.
(a) An individual who is unable to file a valid original claim in
accordance with subdivision one of this section, files a valid original
claim by meeting the qualifications enumerated in paragraphs (a), (b)
and (c) of subdivision one of this section and by having been paid
remuneration by employers liable for contributions or for payments in
lieu of contributions under this article, other than employers from whom
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the claimant lost employment and for which the commissioner makes a
determination disqualifying the claimant for misconduct pursuant to
subdivisions three and six of section five hundred ninety-three of this
article, for employment during at least two calendar quarters of the
base period, with remuneration of one and one-half times the high calen-
dar quarter remuneration within the base period and with [at least two
hundred twenty-one times the minimum wage established under subdivision
one of section six hundred fifty-two of this chapter rounded down to the
nearest one hundred dollars of such remuneration being paid during the
high calendar quarter of such base period] REMUNERATION DURING THE HIGH
CALENDAR QUARTER OF NO LESS THAN THE HIGH QUARTER THRESHOLD. For
purposes of this section, the remuneration in the high calendar quarter
of the base period used in determining a valid original claim shall not
exceed an amount equal to twenty-two times the maximum benefit rate as
set forth in subdivision five of section five hundred ninety of this
article for all individuals.
S 6. This act shall take effect immediately.
PART O
Section 1. The labor law is amended by adding a new section 202-m to
read as follows:
S 202-M. HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT THE EBOLA
VIRUS DISEASE OVERSEAS. 1. FINDINGS AND POLICY OF THE STATE. IT IS HERE-
BY FOUND AND DECLARED THAT THE EBOLA VIRUS DISEASE IS A RARE AND POTEN-
TIALLY DEADLY DISEASE CAUSED BY INFECTION WITH ONE OF FOUR EBOLA VIRUS
STRAINS KNOWN TO CAUSE DISEASE IN HUMANS, THAT THE WORLD HEALTH ORGAN-
IZATION HAS DECLARED THAT THE CURRENT EBOLA VIRUS DISEASE OUTBREAK IN
WEST AFRICA CONSTITUTES A PUBLIC HEALTH EMERGENCY OF INTERNATIONAL
CONCERN, AND THAT THE CENTERS FOR DISEASE CONTROL AND PREVENTION OF THE
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES HAS REPORTED THAT
THE NUMBER OF FUTURE EBOLA VIRUS DISEASE CASES WILL REACH EXTRAORDINARY
LEVELS WITHOUT A SCALE-UP OF INTERVENTIONS. IT IS HEREBY DECLARED TO BE
THE POLICY OF THE STATE TO WORK WITH ITS INTERNATIONAL PARTNERS TO HELP
ERADICATE THE EBOLA VIRUS DISEASE BY SUPPORTING THE DEDICATED NEW YORK
STATE HEALTHCARE PROFESSIONALS WHO SEEK TO PROVIDE INVALUABLE HELP TO
THIS EFFORT.
2. BILL OF RIGHTS. A HEALTHCARE PROFESSIONAL WHO VOLUNTEERS TO FIGHT
EBOLA IS PROTECTED BY EXISTING STATE LAWS THAT PROHIBIT DISCRIMINATION
ON THE BASIS OF AN ACTUAL OR PERCEIVED DISABILITY. UPON RETURN FROM
FIGHTING EBOLA OVERSEAS, A HEALTHCARE PROFESSIONAL WILL BE PROVIDED WITH
A BILL OF RIGHTS OUTLINING THESE EXISTING ANTI-DISCRIMINATION LAWS. IN
ADDITION TO THESE EXISTING ANTI-DISCRIMINATION LAWS, AND IN ACCORDANCE
WITH THE PROVISIONS OF THIS SECTION, HEALTHCARE PROFESSIONALS SHALL HAVE
THE RIGHT TO SEEK A LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA OVER-
SEAS WITHOUT ADVERSE EMPLOYMENT CONSEQUENCES.
3. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
(A) "EMPLOYEE" MEANS ANY INDIVIDUAL HEALTHCARE PROFESSIONAL WHO
PERFORMS SERVICES FOR HIRE FOR AN EMPLOYER BUT SHALL NOT INCLUDE AN
INDEPENDENT CONTRACTOR.
(B) "EMPLOYER" MEANS A PERSON OR ENTITY THAT EMPLOYS A HEALTHCARE
PROFESSIONAL AND INCLUDES AN INDIVIDUAL, CORPORATION, LIMITED LIABILITY
COMPANY, PARTNERSHIP, ASSOCIATION, NONPROFIT ORGANIZATION, GROUP OF
PERSONS, COUNTY, TOWN, CITY, SCHOOL DISTRICT, PUBLIC AUTHORITY, STATE
AGENCY, OR OTHER GOVERNMENTAL SUBDIVISION OF ANY KIND.
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(C) "FIGHT EBOLA" MEANS TO SERVE AS A HEALTHCARE PROFESSIONAL IN A
COUNTRY THAT HAS BEEN CLASSIFIED AS HAVING WIDESPREAD TRANSMISSION OF
THE EBOLA VIRUS DISEASE BY THE CENTERS FOR DISEASE CONTROL AND
PREVENTION OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES.
(D) "HEALTHCARE PROFESSIONAL" MEANS:
(I) A PHYSICIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-ONE OF
THE EDUCATION LAW;
(II) A PHYSICIAN ASSISTANT LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-ONE-B OF THE EDUCATION LAW;
(III) A NURSE PRACTITIONER LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-NINE OF THE EDUCATION LAW;
(IV) A REGISTERED PROFESSIONAL NURSE LICENSED PURSUANT TO ARTICLE ONE
HUNDRED THIRTY-NINE OF THE EDUCATION LAW; AND
(V) OTHER HEALTHCARE PROFESSIONS AS ADDED BY THE COMMISSIONER PURSUANT
TO SUBDIVISION THIRTEEN OF THIS SECTION.
(E) "LEAVE OF ABSENCE" MEANS TIME AWAY FROM WORK THAT IS EXCUSED. SUCH
TIME SHALL BE UNPAID, UNLESS THE EMPLOYEE REQUESTS THAT SUCH TIME, OR A
PORTION THEREOF, BE PAID PURSUANT TO A CHARGE AGAINST PAID LEAVE THAT
HAS ACCRUED TO SUCH EMPLOYEE.
(F) "UNDUE HARDSHIP" MEANS AN ABSENCE REQUIRING SIGNIFICANT EXPENSE OR
DIFFICULTY, INCLUDING A SIGNIFICANT INTERFERENCE WITH THE SAFE OR EFFI-
CIENT OPERATION OF THE WORKPLACE OR A VIOLATION OF A BONA FIDE SENIORITY
SYSTEM. FACTORS TO BE CONSIDERED IN DETERMINING WHETHER AN ABSENCE
CONSTITUTES AN UNDUE ECONOMIC HARDSHIP SHALL INCLUDE, BUT NOT BE LIMITED
TO THE IDENTIFIABLE COST OF THE ABSENCE, INCLUDING THE COSTS OF LOSS OF
PRODUCTIVITY AND OF RETRAINING, HIRING OR TRANSFER OF EMPLOYEES, IN
RELATION TO THE SIZE AND OPERATING COSTS OF THE EMPLOYER AND OTHER KNOWN
OR REASONABLY FORESEEABLE ABSENCES, THE OVERALL FINANCIAL RESOURCES OF
THE EMPLOYER, THE NUMBER OF EMPLOYEES AT THE EMPLOYEE'S FACILITY, THE
EMPLOYEE'S ROLE WITHIN THE FACILITY, THE TYPE OF OPERATION OF THE
EMPLOYER, INCLUDING THE STRUCTURE AND FUNCTIONS OF THE EMPLOYEE WITHIN
IT, THE IMPACT ON THE OPERATION OF THE EMPLOYER, AND THE EMPLOYER'S
ABILITY TO HIRE TEMPORARY OR NEW EMPLOYEES WITH THE REQUISITE SKILLS TO
ENSURE THE EMPLOYER'S CONTINUED OPERATIONS.
(G) "VOLUNTEER" MEANS TO FREELY OFFER SERVICES TO FIGHT EBOLA AND
INCLUDES SUCH SERVICES WITHOUT REGARD TO WHETHER THEY ARE COMPENSATED.
4. LEAVE OF ABSENCE BY HEALTHCARE PROFESSIONALS WHO VOLUNTEER TO FIGHT
EBOLA. AN EMPLOYEE COVERED BY THIS SECTION HAS THE RIGHT TO REQUEST A
LEAVE OF ABSENCE TO VOLUNTEER TO FIGHT EBOLA FROM HIS OR HER EMPLOYER AS
HEREIN PROVIDED. AN EMPLOYER SHALL GRANT SUCH REQUEST FOR A LEAVE OF
ABSENCE TO VOLUNTEER TO FIGHT EBOLA, UNLESS THE EMPLOYEE'S ABSENCE
IMPOSES AN UNDUE HARDSHIP ON THE EMPLOYER'S BUSINESS OR OPERATIONS.
5. DURATION OF THE LEAVE OF ABSENCE. (A) THE DURATION OF THE LEAVE OF
ABSENCE SHALL BE THE FULL TIME PERIOD REQUESTED BY THE EMPLOYEE, WHICH
SHALL INCLUDE TRAVEL TIME, SERVICE VOLUNTEERING TO FIGHT EBOLA, AND A
REASONABLE PERIOD OF REST AND RECOVERY. IF THE EMPLOYER DETERMINES THAT
AN ABSENCE FOR THAT FULL PERIOD OF TIME WOULD CONSTITUTE AN UNDUE HARD-
SHIP, THE EMPLOYER AND EMPLOYEE SHALL WORK TOGETHER TO DETERMINE WHETHER
THERE IS A SHORTER PERIOD OF TIME THAT WOULD NOT CONSTITUTE AN UNDUE
HARDSHIP THAT WOULD STILL ALLOW THE EMPLOYEE TO VOLUNTEER TO FIGHT
EBOLA. IF THE EMPLOYER AND EMPLOYEE AGREE ON A SHORTER PERIOD, THAT
SHALL BE THE DURATION OF THE LEAVE OF ABSENCE UNDER THIS PARAGRAPH.
OTHERWISE, IF THEY ARE UNABLE TO AGREE ON A SHORTER PERIOD, THE LEAVE OF
ABSENCE SHALL BE DEEMED DENIED.
(B) THE DURATION OF LEAVE OF ABSENCE, AS DETERMINED PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL BE EXTENDED TO INCLUDE ANY ADDI-
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TIONAL PERIOD OF TIME THAT THE EMPLOYEE BECOMES SUBJECT TO A MANDATORY
QUARANTINE PERIOD IMPOSED AT THE END OF THE EMPLOYEE'S VOLUNTARY SERVICE
TO FIGHT EBOLA.
6. LEAVE OF ABSENCE REQUEST. AN EMPLOYEE'S REQUEST FOR A LEAVE OF
ABSENCE PURSUANT TO THIS SECTION SHALL BE MADE, IN WRITING, TO HIS OR
HER EMPLOYER AT LEAST TWENTY-ONE DAYS PRIOR TO THE EMPLOYEE'S PROPOSED
START DATE OF SUCH LEAVE OF ABSENCE. THE EMPLOYEE'S REQUEST SHALL, AT A
MINIMUM:
(A) IDENTIFY THE DURATION OF LEAVE SOUGHT, INCLUDING THE ANTICIPATED
START AND END DATES OF THE VOLUNTEER SERVICE, TOGETHER WITH ANY ADDI-
TIONAL TIME SOUGHT FOR TRANSPORTATION AND FOR REST PRIOR TO RETURNING TO
WORK;
(B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
(C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
7. NOTARIZATION. UPON THE EMPLOYER'S REQUEST, AN EMPLOYEE WHO HAS BEEN
GRANTED A LEAVE OF ABSENCE IN ACCORDANCE WITH THIS SECTION SHALL PROVIDE
HIS OR HER EMPLOYER WITH A NOTARIZED STATEMENT FROM THE ORGANIZATION OR
ENTITY WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING. THE STATEMENT SHALL:
(A) IDENTIFY THE ANTICIPATED START AND END DATES OF THE VOLUNTEER
SERVICE AND THE TERMS OF SERVICE, INCLUDING ANY COMPENSATION AND BENE-
FITS TO BE PROVIDED;
(B) IDENTIFY THE SERVICE TO BE VOLUNTEERED, INCLUDING THE COUNTRY AND
THE ORGANIZATION WITH WHOM THE EMPLOYEE WILL BE VOLUNTEERING; AND
(C) CERTIFY THAT SUCH SERVICE CONSTITUTES VOLUNTEERING TO FIGHT EBOLA,
WITHIN THE MEANING OF THIS SECTION.
8. BENEFITS DURING LEAVE. EMPLOYEES WHO TAKE LEAVE UNDER THIS SECTION
SHALL BE RESTORED AT THE COMPLETION OF SUCH LEAVE TO THE SAME OR COMPA-
RABLE POSITION WITHOUT LOSS OF SENIORITY, SHALL BE ENTITLED TO PARTIC-
IPATE IN INSURANCE OR OTHER BENEFITS OFFERED BY THE EMPLOYER PURSUANT TO
ESTABLISHED RULES AND PRACTICES RELATING TO EMPLOYEES ON FURLOUGH OR
LEAVE OF ABSENCE IN EFFECT WITH THE EMPLOYER AT THE TIME SUCH EMPLOYEE
MADE REQUEST TO TAKE LEAVE OF ABSENCE AS PROVIDED IN THIS SECTION.
9. RETALIATION PROHIBITED. AN EMPLOYER SHALL NOT RETALIATE AGAINST AN
EMPLOYEE FOR REQUESTING OR OBTAINING A LEAVE OF ABSENCE AS PROVIDED BY
THIS SECTION.
10. RETENTION OF BENEFITS. THE PROVISIONS OF THIS SECTION SHALL NOT
AFFECT OR PREVENT AN EMPLOYER FROM PROVIDING LEAVE IN ADDITION TO LEAVE
ALLOWED UNDER ANY OTHER PROVISION OF LAW. THE PROVISIONS OF THIS SECTION
SHALL NOT AFFECT AN EMPLOYEE'S RIGHTS WITH RESPECT TO ANY OTHER EMPLOYEE
BENEFIT PROVIDED BY LAW, RULE OR REGULATION.
11. COLLECTIVE BARGAINING. NOTHING SET FORTH IN THIS SECTION SHALL BE
CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS THAT
ACCRUE TO EMPLOYEES THROUGH BONA FIDE COLLECTIVE BARGAINING AGREEMENTS,
OR OTHERWISE DIMINISH THE INTEGRITY OF AN EXISTING COLLECTIVE BARGAINING
AGREEMENT.
12. REVIEW OF DENIAL OF LEAVE. AN EMPLOYEE WHOSE REQUEST FOR LEAVE
UNDER THIS SECTION HAS BEEN DENIED MAY PETITION THE COMMISSIONER FOR
REVIEW OF SUCH DENIAL, WHICH REVIEW SHALL BE EXPEDITIOUSLY CONDUCTED.
13. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE PURPOSES OF CARRYING
OUT THE PROVISIONS OF THIS SECTION.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.
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PART P
Section 1. Subdivision 3 of section 204 of the labor law, as amended
by section 2 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
3. Fees. A fee of two hundred dollars shall be charged the owner or
lessee of each boiler internally inspected and seventy-five dollars for
each boiler externally inspected by the commissioner, provided however,
that the external inspection of multiple boilers connected to a common
header or of separate systems owned or leased by the same party and
located in the same building, with a combined input which is 300,000
BTU/hour or less, shall be charged a single inspection fee, and further
provided that, not more than two hundred seventy-five dollars shall be
charged for the inspection of any one boiler for any year; except that
[in the case] NO FEE SHALL BE CHARGED FOR INTERNAL OR EXTERNAL
INSPECTIONS BY THE COMMISSIONER of an antique steam engine maintained as
a hobby and displayed at agricultural fairs and other gatherings[, a fee
of twenty-five dollars only shall be charged the owner or lessee thereof
for each boiler internally inspected by the commissioner and a fee of
twenty-five dollars only shall be charged for each boiler externally
inspected by the commissioner, but not more than fifty dollars shall be
charged for the inspection of any one such boiler for any year, and
except that in the case] OR of a miniature boiler [a fee of fifty
dollars only shall be charged for the inspection of any one such boiler
for any year. Such fee shall be payable within thirty days after
inspection].
S 2. Subdivision 1 of section 212-b of the labor law, as amended by
section 6 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. No person shall operate a farm labor camp commissary, or cause or
allow the operation of a farm labor camp commissary, without a permit
from the commissioner to do so, and unless such permit is in full force
and effect. Application for such permit shall be made on a form
prescribed by the commissioner [and shall be accompanied by a non-re-
fundable fee of forty dollars].
S 3. Subdivision 1 of section 74 of chapter 784 of the laws of 1951,
constituting the New York state defense emergency act, as amended by
section 12 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
1. Employers in defense work may make applications for dispensation
pursuant to this article in such manner and upon such forms as the
commissioner of labor shall prescribe. [Each application shall be
accompanied by a non-refundable fee of forty dollars payable to the
commissioner.] The commissioner of labor may, after hearing upon due
notice, revoke dispensations not necessary to maintain maximum possible
production in defense work.
S 4. Subdivision 5 of section 161 of the labor law, as amended by
section 1 of part A of chapter 57 of the laws of 2004, is amended to
read as follows:
5. If there shall be practical difficulties or unnecessary hardship in
carrying out the provisions of this section or the rules promulgated
hereunder, the commissioner may make a variation therefrom if the spirit
of the act be observed and substantial justice done. Such variation
shall describe the conditions under which it shall be permitted and
shall apply to substantially similar conditions. A properly indexed
record of variations shall be kept by the department. [Each application
A. 6006 138
for a variation shall be accompanied by a non-refundable fee of forty
dollars.]
S 5. Paragraph b of subdivision 4 of section 212-a of the labor law,
as amended by section 5 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such registration shall be made on a form
prescribed by the commissioner, shall contain information on wages,
working conditions, housing, and on such other matters as the commis-
sioner may prescribe [and shall be accompanied by a non-refundable fee
of forty dollars]. Copies of the application, or summaries thereof
containing the above information, shall be made available by the commis-
sioner to the registrant, and the registrant shall give a copy to each
worker, preferably at the time of recruitment, but in no event later
than the time of arrival in this state. A copy shall also be kept posted
at all times in a conspicuous place in any camp in which such workers
are housed.
S 6. Paragraph b of subdivision 2 of section 212-a of the labor law,
as amended by section 4 of part A of chapter 57 of the laws of 2004, is
amended to read as follows:
b. The application for such certificate of registration shall be made
on a form prescribed by the commissioner, shall contain information on
wages, working conditions, housing and on such other matters as the
commissioner may prescribe [and shall be accompanied by a non-refundable
fee of two hundred dollars]. It shall be countersigned by each grower or
processor who utilizes the services of such farm labor contractor, as
provided in subdivision three of this section. Copies of the applica-
tion, or summaries thereof containing the above information, shall be
made available by the commissioner to the registrant, and the registrant
shall give a copy to each worker, preferably at the time of recruitment,
but in no event later than the time of arrival in this state if the
worker comes from outside of the state, or the time of commencement of
work if the worker does not come from outside of the state. A copy shall
also be kept posted at all times in a conspicuous place in any camp in
which such workers are housed. Each applicant shall submit his OR HER
fingerprints with his OR HER application for a certificate of registra-
tion. Such fingerprints shall be submitted to the division of criminal
justice services for a state criminal history record check, as defined
in subdivision one of section three thousand thirty-five of the educa-
tion law, and may be submitted to the federal bureau of investigation
for a national criminal history record check.
S 7. Subdivision 2 of section 352 of the labor law is REPEALED.
S 8. Subdivisions 5 and 6 of section 919 of the labor law, as added by
chapter 565 of the laws of 2002, are amended to read as follows:
5. A professional employer organization shall be exempt from the
registration requirements specified in this section [and from the fees
specified in section nine hundred twenty of this article] if such
professional employer organization:
(a) submits a properly executed request for registration and exemption
on a form provided by the department;
(b) is domiciled outside this state and is licensed or registered as a
professional employer organization in another state that has the same or
greater requirements as this article;
(c) does not maintain an office in this state or solicit in any manner
clients located or domiciled within this state; and
(d) does not have more than twenty-five worksite employees in this
state.
A. 6006 139
6. The registration and exemption of a professional employer organiza-
tion under subdivision five of this section shall be valid for one year.
[Each de minimis registrant shall pay to the department upon initial
registration, and upon each annual renewal thereafter, a registration
fee in the amount of two hundred fifty dollars.]
S 9. Section 920 of the labor law is REPEALED.
S 10. Subdivision 4 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007, is amended to read as
follows:
4. Employers required to participate in the workplace safety and loss
prevention program established by this section shall be permitted to
utilize the services of either the department of labor, or a private
safety and loss consultant which has been certified by the department of
labor [and has paid the appropriate certification fee prescribed by
rules and regulations promulgated under this section]. Private safety
and loss consultants may charge employers a fee for their services[, and
where employers elect to have the services provided by the department of
labor, they shall pay for such services in accordance with fee schedules
established by the department of labor's rules and regulations].
S 11. Subdivision 5 of section 134 of the workers' compensation law is
REPEALED.
S 12. Subdivision 10 of section 134 of the workers' compensation law,
as amended by chapter 6 of the laws of 2007 and as further amended by
section 104 of part A of chapter 62 of the laws of 2011, is amended to
read as follows:
10. The commissioner of labor, in consultation with the superintendent
of financial services, shall promulgate rules and regulations for the
certification of safety and loss management specialists. Such rules and
regulations shall include provisions that outline the minimum qualifica-
tions for safety and loss management specialists, procedures for certif-
ication, causes for revocation or suspension of certification and appro-
priate administrative and judicial review procedures, AND violations and
penalties for misuse of certification by certified safety and loss
management specialists[, and fees for certificate and certificate
renewal].
S 13. Subdivision 2 of section 345-a of the labor law, as added by
chapter 503 of the laws of 1998, is amended to read as follows:
2. For the purposes of this section, the exercise of reasonable care
or diligence by a manufacturer or contractor shall be presumed if, prior
to the execution of such contract or subcontract, and annually thereaft-
er, such manufacturer or contractor receives from the department written
assurance of compliance with section three hundred forty-one of this
article. [The department may charge a reasonable fee for providing such
assurance to a manufacturer or contractor.]
S 14. Subdivisions 6 and 7 of section 819 of the labor law are
REPEALED and subdivision 5, as amended by chapter 319 of the laws of
2004, is amended to read as follows:
5. The entity possesses a tag issued by the department with an iden-
tification number affixed and identifying each machine[;].
S 15. Section 204-a of the labor law is REPEALED.
S 16. This act shall take effect immediately.
PART Q
Intentionally Omitted
A. 6006 140
PART R
Section 1. Paragraph (a) of subdivision 1 of section 1 of part U of
chapter 57 of the laws of 2005, relating to the New York state higher
education capital matching grant program for independent colleges, as
amended by section 1 of part H of chapter 56 of the laws of 2014, 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, 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 obli-
gations 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, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 2 of part H of chapter 56 of the laws of 2014, 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 and any additional funds that
become available shall thereafter be awarded to colleges on a compet-
itive basis. 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 para-
graph, and shall develop criteria, subject to review by the board, for
the awarding of such grants. Such criteria may include, but not be
limited to the matching criteria contained in paragraph (c) of this
subdivision, and 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,
2014, and the board shall act on each application for such matching
grants by November 1, 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, relating to the
New York state higher education capital matching grant program for inde-
pendent colleges, as amended by section 3 of part H of chapter 56 of the
laws of 2014, 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, 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.
A. 6006 141
S 4. Paragraph (b) of subdivision 7 of section 1 of part U of chapter
57 of the laws of 2005, relating to the New York state higher education
capital matching grant program for independent colleges, as amended by
section 4 of part H of chapter 56 of the laws of 2014, 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,
2018,] on the use of funding received and its programmatic and economic
impact NO LATER THAN TWELVE MONTHS AFTER THE COMPLETION OF THE PROJECT.
The dormitory authority shall submit a report [no later than November 1,
2018] to the governor, the director of the budget, the temporary presi-
dent of the senate, and the speaker of the assembly on the aggregate
impact of the higher education [matching] capital MATCHING grant program
NO LATER THAN EIGHTEEN MONTHS AFTER THE COMPLETION OF THE LAST PROJECT.
Such report shall provide information on the progress and economic
impact of such [project] PROJECTS.
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, 2015.
PART S
Section 1. The education law is amended by adding a new section 669-f
to read as follows:
S 669-F. NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE SCHOL-
ARSHIP PROGRAM. 1. ELIGIBILITY. STUDENTS WHO ARE MATRICULATED IN AN
APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC
INSTITUTION OF HIGHER EDUCATION LEADING TO A CAREER AS A TEACHER IN
PUBLIC ELEMENTARY OR SECONDARY EDUCATION OR AS A TEACHER IN A STATE
AGENCY PROVIDING ELEMENTARY OR SECONDARY EDUCATION SHALL BE ELIGIBLE FOR
AN AWARD UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) EARNED AN
UNDERGRADUATE DEGREE FROM A COLLEGE LOCATED IN NEW YORK STATE; (B) WAS A
NEW YORK STATE RESIDENT WHILE EARNING SUCH UNDERGRADUATE DEGREE; (C)
ACHIEVED ACADEMIC EXCELLENCE AS AN UNDERGRADUATE STUDENT, AS DEFINED BY
THE CORPORATION IN REGULATION; (D) ENROLLS IN FULL-TIME STUDY IN AN
APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC
INSTITUTION OF HIGHER EDUCATION LEADING TO A CAREER AS A TEACHER IN
PUBLIC ELEMENTARY OR SECONDARY EDUCATION OR AS A TEACHER IN A STATE
AGENCY PROVIDING ELEMENTARY OR SECONDARY EDUCATION; (E) SIGNS A CONTRACT
WITH THE CORPORATION AGREEING TO TEACH IN A CLASSROOM SETTING ON A
FULL-TIME BASIS FOR FIVE YEARS IN A SCHOOL LOCATED WITHIN NEW YORK STATE
PROVIDING PUBLIC ELEMENTARY OR SECONDARY EDUCATION RECOGNIZED BY THE
BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE OF NEW YORK, INCLUDING
CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER
OR IN A STATE-RUN FACILITY PROVIDING ELEMENTARY OR SECONDARY EDUCATION
OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE
OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE OF MENTAL HEALTH OR
THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES; AND (F) COMPLIES
WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIREMENTS
PROMULGATED BY THE CORPORATION FOR THE ADMINISTRATION OF THE PROGRAM.
2. WITHIN AMOUNTS APPROPRIATED THEREFOR, AWARDS SHALL BE GRANTED TO
APPLICANTS THAT THE CORPORATION HAS CERTIFIED ARE ELIGIBLE TO RECEIVE
SUCH AWARDS. UP TO FIVE HUNDRED AWARDS MAY BE GRANTED TO NEW RECIPIENTS
ANNUALLY. SUCH AWARDS SHALL BE GRANTED UPON SUCCESSFUL COMPLETION OF
EACH TERM, AS DEFINED BY THE CORPORATION.
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3. AN AWARD SHALL ENTITLE THE RECIPIENT TO ANNUAL PAYMENTS FOR NOT
MORE THAN TWO ACADEMIC YEARS OF FULL-TIME GRADUATE STUDY LEADING TO
CERTIFICATION AS AN ELEMENTARY OR SECONDARY CLASSROOM TEACHER.
4. THE CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE
ANNUAL TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING A GRADUATE
PROGRAM FULL-TIME AT THE STATE UNIVERSITY OF NEW YORK, OR ACTUAL TUITION
CHARGED, WHICHEVER IS LESS; PROVIDED, HOWEVER, (I) A STUDENT WHO
RECEIVES EDUCATIONAL 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 SCHO-
LARSHIPS 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 ATTENDANCE; 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 RECIPI-
ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
TION. A RECIPIENT OF AN AWARD UNDER THIS PROGRAM SHALL NOT BE ELIGIBLE
FOR AN AWARD UNDER THE NEW YORK STATE MATH AND SCIENCE TEACHING INCEN-
TIVE PROGRAM.
5. THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GRANTED PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING TO
A SCHEDULE TO BE DETERMINED BY THE CORPORATION IF: (A) TWO YEARS AFTER
THE COMPLETION OF THE DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIF-
ICATION IT IS FOUND THAT A RECIPIENT IS NOT TEACHING IN A PUBLIC SCHOOL
LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR SECONDARY EDUCA-
TION RECOGNIZED BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE
OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE
FIFTY-SIX OF THIS CHAPTER OR IN A STATE-RUN FACILITY PROVIDING ELEMENTA-
RY OR SECONDARY EDUCATION OPERATED BY THE DEPARTMENT OF CORRECTIONS AND
COMMUNITY SUPERVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE
OFFICE OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL
DISABILITIES; (B) A RECIPIENT HAS NOT TAUGHT IN A PUBLIC SCHOOL LOCATED
WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR SECONDARY EDUCATION RECOG-
NIZED BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE OF NEW
YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED PURSUANT TO ARTICLE FIFTY-SIX
OF THIS CHAPTER OR IN A STATE-RUN FACILITY PROVIDING ELEMENTARY OR
SECONDARY EDUCATION OPERATED BY THE DEPARTMENT OF CORRECTIONS AND COMMU-
NITY SUPERVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE OFFICE
OF MENTAL HEALTH OR THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILI-
TIES FOR FIVE OF THE SEVEN YEARS AFTER THE COMPLETION OF THE GRADUATE
DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIFICATION; (C) A RECIPIENT
FAILS TO COMPLETE HIS OR HER GRADUATE DEGREE PROGRAM IN EDUCATION; (D) A
RECIPIENT FAILS TO RECEIVE OR MAINTAIN HIS OR HER TEACHING CERTIFICATE
OR LICENSE IN NEW YORK STATE; OR (E) 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 ANY INTERRUPTION IN GRADUATE STUDY OR EMPLOYMENT
AS ESTABLISHED BY THE RULES AND REGULATIONS OF THE CORPORATION. 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
A. 6006 143
AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER
OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME
HARDSHIP.
6. 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 CRITERIA FOR THE PROVISION OF AWARDS ON A COMPETITIVE BASIS, AND 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, 2015.
PART T
Section 1. The education law is amended by adding a new section 6456
to read as follows:
S 6456. SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH INITIATIVE. 1. AS
USED IN THIS SECTION:
A. "STEM" SHALL MEAN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATH.
B. "ELIGIBLE STUDENTS" SHALL MEAN SECONDARY SCHOOL STUDENTS WHO ARE IN
THEIR JUNIOR OR SENIOR YEAR AND BELONG TO POPULATIONS THAT ARE HISTOR-
ICALLY UNDERREPRESENTED IN STEM FIELDS, INCLUDING BUT NOT LIMITED TO,
STUDENTS WHO ARE BLACK, HISPANIC OR LATINO, NATIVE AMERICAN, AND WOMEN.
C. "ELIGIBLE APPLICANT" SHALL MEAN AN INSTITUTION OF POSTSECONDARY
EDUCATION OR CONSORTIA OF SUCH INSTITUTIONS.
2. THE PURPOSE OF THIS PROGRAM IS TO PROVIDE HANDS ON EXPERIENCES FOR
ELIGIBLE STUDENTS TO CREATE A FAMILIARITY AND INTEREST IN STEM FIELDS
AND TO PREPARE THOSE STUDENTS FOR INTRODUCTORY LEVEL POSTSECONDARY
COURSES IN STEM FIELDS.
3. GRANT APPLICATIONS SUBMITTED BY ELIGIBLE APPLICANTS SHALL OUTLINE A
PLAN OF INSTRUCTION AND CURRICULUM-RELATED ACTIVITIES THAT INCLUDE ONE
OR MORE OF THE FOLLOWING: INSTRUCTION IN A SCIENCE LABORATORY SETTING,
INSTRUCTION IN AN ENGINEERING LABORATORY SETTING, AND/OR INSTRUCTION FOR
STUDENTS WITH LITTLE OR NO COMPUTING BACKGROUND IN COMPUTER SCIENCE TO
PREPARE THOSE STUDENTS FOR A COLLEGE LEVEL INTRODUCTORY COMPUTER SCIENCE
COURSE BY TEACHING THEM FUNDAMENTAL COMPUTING PRINCIPLES. SUCH PROGRAM
SHALL PROVIDE STUDENTS WITH INFORMATION ABOUT THE VARIOUS STEM DEGREES
AVAILABLE AT COLLEGES OR UNIVERSITIES IN NEW YORK STATE AND INFORMATION
ABOUT EMPLOYMENT OPPORTUNITIES IN THE STEM FIELDS.
4. GRANTS SHALL BE AWARDED TO ELIGIBLE APPLICANTS BASED UPON CRITERIA
ESTABLISHED BY THE COMMISSIONER. ELIGIBLE APPLICANTS SHALL LOCATE ANY
APPROVED PROGRAM IN AN AREA SERVED BY A HIGH NEED SCHOOL DISTRICT.
5. NO GRANT PURSUANT TO THIS SECTION SHALL EXCEED SEVENTY-FIVE THOU-
SAND DOLLARS TO ANY ELIGIBLE APPLICANT IN A SINGLE STATE FISCAL YEAR.
6. THE COMMISSIONER IS AUTHORIZED TO REQUIRE ELIGIBLE APPLICANTS
RECEIVING FUNDS PURSUANT TO THIS SECTION TO REPORT PERIODICALLY UPON:
A. COMPLIANCE WITH THE APPROVED PLAN;
B. THE OBJECTIVES OF THE APPLICANT'S PROGRAM;
C. THE CURRICULA OFFERED BY THE PROGRAM;
D. THE SOURCES OF SUPPORT AND THE EXPENDITURES OF THE PROGRAM;
E. THE BACKGROUND AND THE PROGRESS OF STUDENTS SELECTED TO PARTICIPATE
IN THE PROGRAM; AND
F. OTHER MATTERS THE COMMISSIONER DEEMS APPROPRIATE.
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, 2015.
PART U
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Section 1. Section 655 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. TO ESTABLISH A FINANCIAL OUTREACH PROGRAM TO INFORM STUDENTS,
PARENTS OR LEGAL GUARDIANS, AND SCHOOL COUNSELORS ABOUT AVAILABLE FEDER-
AL AND STATE FINANCIAL AID PROGRAMS THROUGH WORKSHOPS, SEMINARS,
DISCUSSION GROUPS, FILM PRESENTATIONS AND EXPLANATORY PAMPHLETS IN ORDER
TO DISSEMINATE INFORMATION, PROMOTE AND ENCOURAGE USE OF SUCH FINANCIAL
AID PROGRAMS, AND FACILITATE THE FINANCIAL AID APPLICATION PROCESS.
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, 2015.
PART V
Section 1. Subdivision 2 of section 410-x of the social services law,
as amended by chapter 416 of the laws of 2000, is amended to read as
follows:
2. (a) A social services district may establish priorities for the
families which will be eligible to receive funding; provided that the
priorities provide that eligible families will receive equitable access
to child care assistance funds to the extent that these funds are avail-
able.
(b) A social services district shall set forth its priorities for
child care assistance in the district's consolidated services plan. The
commissioner of the office of children and family services shall not
approve any plan that does not provide for equitable access to child
care assistance funds.
(c) A social services district shall be authorized to set aside
portions of its block grant allocation to serve one or more of its
priority groups and/or to discontinue funding to families with lower
priorities in order to serve families with higher priorities; provided
that the method of disbursement to priority groups provides that eligi-
ble families within a priority group will receive equitable access to
child care assistance funds to the extent that these funds are avail-
able.
(d) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
COMMISSIONER IN ANY SOCIAL SERVICES DISTRICT THAT DOES NOT HAVE SUFFI-
CIENT FUNDING TO SERVE ALL ELIGIBLE WORKING FAMILIES UNDER TWO HUNDRED
PERCENT OF THE STATE INCOME STANDARD, SHALL OFFER THE TWELVE MONTH WORK
EXEMPTION PROVIDED IN PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION THREE
HUNDRED THIRTY-TWO OF THIS CHAPTER, TO ALL PARENTS OR OTHER RELATIVES IN
RECEIPT OF PUBLIC ASSISTANCE WHO ARE PERSONALLY PROVIDING CARE FOR A
CHILD UNDER ONE YEAR OF AGE REGARDLESS OF WHETHER SUCH PARENT OR OTHER
RELATIVE HAS PREVIOUSLY BEEN OFFERED AN EXEMPTION UNDER SUCH SECTION
THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS
WHO:
(I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME;
OR
(II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION
OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME.
(E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE
FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND
FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC-
ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL
SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY
SERVICES WITHIN TEN DAYS OF SUCH RESTORATION.
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(F) Each social services district shall collect and submit to the
commissioner of the office of children and family services in a manner
to be specified by the commissioner of the office of children and family
services information concerning the disbursement of child care assist-
ance funds showing geographic distribution of children receiving assist-
ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER-
WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE
DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND
THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT.
[(e)] (G) The commissioner of the office of children and family
services shall submit a report to the governor, temporary president of
the senate and the speaker of the assembly on or before August thirty-
first[, two thousand one] OF EVERY YEAR concerning the implementation of
this section. This report shall include information concerning the
disbursement of child care assistance funds showing geographic distrib-
ution of children receiving assistance within the state. BEGINNING
AUGUST THIRTY-FIRST, TWO THOUSAND SIXTEEN, SUCH REPORT, AND EACH SUBSE-
QUENT REPORT THEREAFTER, SHALL ALSO:
(I) IDENTIFY THE COUNTIES THAT HAVE DISCONTINUED OR RESTORED FUNDING
TO PRIORITY GROUPS, AS SET FORTH IN SUBDIVISION (E) OF THIS SECTION;
(II) LIST THE PRIORITY GROUPS AFFECTED;
(III) PROVIDE FOR EACH COUNTY FOR EACH OF THE TWELVE MONTHS COVERED BY
THIS REPORT THE NUMBER OF WORKING FAMILIES WHO WERE OTHERWISE ELIGIBLE
FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT
LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES; AND
(IV) THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A
RESULT.
S 2. This act shall take effect immediately.
PART W
Section 1. Section 341 of the social services law, as amended by
section 148 of part B of chapter 436 of the laws of 1997, subdivision 1
as amended by section 1 of part D of chapter 61 of the laws of 2006, is
amended to read as follows:
S 341. [Conciliation] RE-ENGAGEMENT; CONCILIATION; refusal to partic-
ipate. 1. (a) Consistent with federal law and regulations and this
title, IF A PARTICIPANT HAS FAILED OR REFUSED TO COMPLY WITH THE
REQUIREMENTS OF THIS TITLE AND THE DISTRICT HAS DETERMINED THAT HE OR
SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERIFIED THAT APPROPRI-
ATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR DISABILITY WERE
IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL, [if a participant has
failed or refused to comply with the requirements of this title,] the
social services district shall issue a RE-ENGAGEMENT notice in plain
language indicating that such failure or refusal has taken place and of
the right of such participant to [conciliation to resolve] AVOID A PRO-
RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS THROUGH THE RE-ENGAGEMENT
PROCESS. "RE-ENGAGEMENT PROCESS" SHALL MEAN THE PROCESS THROUGH WHICH A
PARTICIPANT MAY AVOID A PRO-RATA REDUCTION IN PUBLIC ASSISTANCE BENEFITS
BY AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT
WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO
PARTICIPATE IN WORK ACTIVITIES, BY NOTIFYING THE DISTRICT THAT HE OR SHE
HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS TITLE, OR BY RESOLVING
the reasons for such failure or refusal [to avoid a pro-rata reduction
in public assistance benefits for a period of time set forth in section
three hundred forty-two of this title] AT A CONCILIATION CONFERENCE.
A. 6006 146
THE NOTICE SHALL INDICATE THAT THE PARTICIPANT HAS TEN DAYS TO REQUEST
RE-ENGAGEMENT WITH THE DISTRICT. The notice shall indicate the specific
instance or instances of willful refusal or failure to comply without
good cause with the requirements of this title and the necessary actions
that must be taken to avoid a pro-rata reduction in public assistance
benefits AND THE DISTRICT HAS VERIFIED THAT APPROPRIATE CHILD CARE,
TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT THE
TIME OF SUCH FAILURE OR REFUSAL. [The notice shall indicate that the
participant has seven days to request conciliation with the district
regarding such failure or refusal in the case of a safety net partic-
ipant and ten days in the case of a family assistance participant.]
(1) IF A PARTICIPANT CHOOSES TO AVOID A PRO-RATA REDUCTION IN PUBLIC
ASSISTANCE BENEFITS THROUGH A CONCILIATION CONFERENCE, IT WILL BE THE
RESPONSIBILITY OF THE PARTICIPANT TO GIVE REASONS FOR SUCH FAILURE OR
REFUSAL. The RE-ENGAGEMENT notice shall also include an explanation in
plain language of what would constitute good cause for non-compliance
and examples of acceptable forms of evidence that may warrant an
exemption from work activities, including evidence of domestic violence,
and physical or mental health limitations that may be provided at the
conciliation conference to demonstrate such good cause for failure to
comply with the requirements of this title. UNLESS AS PART OF THE
RE-ENGAGEMENT PROCESS THE PARTICIPANT DOES NOT AGREE TO COMPLY, HAS NOT
BECOME EXEMPT OR THE DISTRICT DETERMINES AS A RESULT OF THE CONCILIATION
CONFERENCE THAT SUCH FAILURE OR REFUSAL WAS WILLFUL AND WITHOUT GOOD
CAUSE, NO FURTHER ACTION SHALL BE TAKEN.
(2) If the participant does not contact the district within [the spec-
ified number of] TEN days OF THE RE-ENGAGEMENT NOTICE, the district
shall [issue ten days notice of intent to discontinue or reduce assist-
ance, pursuant to regulations of the department. Such notice shall also
include a statement of the participant's right to a fair hearing relat-
ing to such discontinuance or reduction. If such participant contacts
the district within seven days in the case of a safety net participant
or within ten days in the case of a family assistance participant, it
will be the responsibility of the participant to give reasons for such
failure or refusal] MAKE A FINDING OF WHETHER THE ALLEGED FAILURE OR
REFUSAL TO COMPLY WAS WILLFUL AND WITHOUT GOOD CAUSE AND SHALL CONSIDER
ANY EVIDENCE IN THE POSSESSION OF THE DISTRICT INDICATING THAT THE
PARTICIPANT HAS GOOD CAUSE AND IF THE PARTICIPANT IS OTHERWISE PARTIC-
IPATING IN WORK ACTIVITIES, THERE SHALL BE NO FINDING OF WILLFULNESS
WITHOUT GOOD CAUSE BASED ON A SINGLE APPOINTMENT OR INFRACTION.
(b) [Unless the district determines as a result of such conciliation
process that such failure or refusal was willful and was without good
cause, no further action shall be taken.] If the district determines
that such failure or refusal was willful and without good cause, AND
THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE,
the district shall notify such participant in writing, in plain language
and in a manner distinct from any previous notice, by issuing ten days
notice of its intent to discontinue or reduce assistance. Such notice
shall include the reasons for such determination, the specific instance
or instances of willful refusal or failure to comply without good cause
with the requirements of this title, SHALL VERIFY THAT APPROPRIATE CHILD
CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT
THE TIME OF SUCH FAILURE OR REFUSAL, AND SPECIFY the necessary actions
that must be taken to avoid a pro-rata reduction in public assistance
benefits, INCLUDING AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
A. 6006 147
UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE and the right to a fair hearing relating to such discontinuance or
reduction. [Unless extended by mutual agreement of the participant and
the district, conciliation shall terminate and a determination shall be
made within fourteen days of the date a request for conciliation is made
in the case of a safety net participant or within thirty days of the
conciliation notice in the case of a family assistance participant.]
2. (a) The department shall establish in regulation a conciliation
procedure for the resolution of disputes related to an individual's
participation in programs pursuant to this title.
(b) The district shall contract with an independent entity, approved
by the department, or shall use designated trained staff at the supervi-
sory level who have no direct responsibility for the participant's case
to mediate disputes in the conciliation conference. [If no such supervi-
sory staff or independent entity is available, the district may desig-
nate another trained individual, who has no direct responsibility for
the participant's case to mediate disputes in the conciliation confer-
ence.]
(c) If a participant's dispute cannot be resolved through such concil-
iation procedure, an opportunity for a fair hearing shall be provided.
No sanction relating to the subject dispute may be imposed during the
[conciliation] RE-ENGAGEMENT process.
3. When any [family assistance] participant required to participate in
work activities fails to comply with the provisions of this title, the
social services district shall take such actions as prescribed by appro-
priate federal law and regulation and this title.
4. [When any safety net participant required to participate in work
activities fails to comply with the provisions of this title, the social
services district shall deny assistance to such participant in accord-
ance with section three hundred forty-two of this title.
5. (a) To the extent that] CONSISTENT WITH federal law [requires] AND
THIS TITLE, a social services district shall provide to those [family
assistance] participants whose failure to comply has continued for
[three months] THIRTY DAYS or longer a written reminder of the option to
end a sanction [after the expiration of the applicable minimum sanction
period] by terminating the failure to comply as specified in subdivision
[three] ONE of this section. Such notice shall advise that the partic-
ipant may immediately terminate the [first or second] sanction by
[participating in the program or accepting employment and that any
subsequent sanction after six months have elapsed may be terminated by
participating in the program or accepting employment.
(b) A social services district shall provide to those safety net
participants whose failure to comply has continued for the length of the
sanction period or longer a written reminder of the option to end a
sanction after the expiration of the applicable minimum sanction period
by terminating the failure to comply as specified in subdivision four of
this section.] EITHER AGREEING TO COMPLY WITH THE REQUIREMENTS OF THIS
TITLE CONSISTENT WITH ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVID-
UAL'S ABILITY TO PARTICIPATE IN WORK ACTIVITIES OR NOTIFYING THE
DISTRICT THAT HE OR SHE HAS BECOME EXEMPT FROM THE REQUIREMENTS OF THIS
TITLE.
[6.] 5. Consistent with federal law and regulation AND THIS TITLE, no
NOTICE SHALL BE ISSUED AS SPECIFIED IN SUBDIVISION ONE OF THIS SECTION
UNLESS IT HAS BEEN DETERMINED THAT THE INDIVIDUAL IS NOT EXEMPT FROM THE
REQUIREMENTS OF THIS TITLE AND HAS DETERMINED THAT APPROPRIATE CHILD
A. 6006 148
CARE, TRANSPORTATION AND ACCOMMODATIONS FOR DISABILITY WERE IN PLACE AT
THE TIME OF SUCH FAILURE OR REFUSAL TO COMPLY WITH THE REQUIREMENTS OF
THIS TITLE AND NO action shall be taken pursuant to this section for
failure to participate in the program or refusal to accept employment
if:
(a) child care for a child under age thirteen (or day care for any
incapacitated individual living in the same home as a dependent child)
is necessary for an individual to participate or continue participation
in activities pursuant to this title or accept employment and such care
is not available and the social services district fails to provide such
care;
(b) (1) the employment would result in the family of the participant
experiencing a net loss of cash income; provided, however, a participant
may not claim good cause under this paragraph if the social services
district assures that the family will not experience a net loss of cash
income by making a supplemental payment;
(2) net loss of cash income results if the family's gross income less
necessary work-related expenses is less than the cash assistance the
participant was receiving at the time the offer of employment is made;
or
(c) the participant meets other grounds for good cause set forth by
the department in its implementation plan for this title which, at a
minimum, must describe what circumstances beyond the household's control
will constitute "good cause".
S 2. Section 342 of the social services law, as added by section 148
of part B of chapter 436 of the laws of 1997, is amended to read as
follows:
S 342. Noncompliance with the requirements of this title. 1. In
accordance with the provisions of this section an individual who is
required to participate in work activities shall be ineligible to
receive public assistance if he or she fails to comply, without good
cause, with the requirements of this title AND THE DISTRICT HAS DETER-
MINED THAT HE OR SHE IS NOT EXEMPT FROM SUCH REQUIREMENTS AND HAS VERI-
FIED THAT APPROPRIATE CHILD CARE, TRANSPORTATION, AND ACCOMMODATIONS FOR
DISABILITY WERE IN PLACE AT THE TIME OF SUCH FAILURE OR REFUSAL. Such
ineligibility shall be for the amount and [periods] PERIOD specified in
this section. Good cause for failing to comply with the requirements of
this title shall be defined in department regulations, provided, howev-
er, that the parent or caretaker relative of a child under thirteen
years of age shall not be subject to the ineligibility provisions of
this section if the individual can demonstrate, in accordance with the
regulations of the office of children and family services department,
that lack of available child care prevents such individual from comply-
ing with the work requirements of this title. The parent or caretaker
relative shall be responsible for locating the child care needed to meet
the work requirements; provided, however, that the relevant social
services district shall provide a parent or caretaker relative who
demonstrates an inability to obtain needed child care with a choice of
two providers, at least one of which will be a regulated provider.
2. In the case of an applicant for or recipient of public assistance
WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM THE REQUIREMENTS OF
THIS TITLE AND who is a parent or caretaker of a dependent child, the
public assistance benefits otherwise available to the household of which
such individual is a member shall be reduced pro-rata[:
(a) for the first instance of failure to comply without good cause
with the requirement of this article] until the individual is willing to
A. 6006 149
comply WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH ANY MEDICAL
CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN
WORK ACTIVITIES[;
(b) for the second instance of failure to comply without good cause
with the requirements of this article, for a period of three months and
thereafter until the individual is willing to comply;
(c) for the third and all subsequent instances of failure to comply
without good cause with the requirements of this article, for a period
of six months and thereafter until the individual is willing to comply].
3. In the case of an individual who is a member of a household without
dependent children WHOM THE DISTRICT HAS DETERMINED IS NOT EXEMPT FROM
THE REQUIREMENTS OF THIS TITLE AND WHO IS applying for or in receipt of
safety net assistance, the public assistance benefits otherwise avail-
able to the household of which such individual is a member shall be
reduced pro-rata[:
(a) for the first such failure or refusal], until the failure or
refusal TO COMPLY WITH THE REQUIREMENTS OF THIS TITLE CONSISTENT WITH
ANY MEDICAL CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO
PARTICIPATE IN WORK ACTIVITIES ceases [or ninety days, which ever period
of time is longer;
(b) for the second such failure or refusal, until the failure ceases
or for one hundred fifty days, whichever period of time is longer; and
(c) for the third and all subsequent such failures or refusals, until
the failure ceases or one hundred eighty days, whichever period of time
is longer].
4. A recipient of public assistance WHOM THE DISTRICT HAS DETERMINED
IS NOT EXEMPT FROM THE REQUIREMENTS OF THIS TITLE AND who quits or
reduces his hours of employment without good cause OR DUE TO ANY MEDICAL
CONDITION WHICH MAY LIMIT THE INDIVIDUAL'S ABILITY TO PARTICIPATE IN
WORK ACTIVITIES shall be considered to have failed to comply with the
requirements of this article and shall be subject to the provisions of
this section.
5. A person described in paragraph (b) of subdivision seven of section
one hundred fifty-nine of this chapter may not be sanctioned if his or
her failure to comply with requirements of this title are related to
his or her health status.
S 3. This act shall take effect immediately.
PART X
Section 1. Section 336 of the social services law is amended by adding
a new subdivision 9 to read as follows:
9. FOR ANY PARTICIPANT ENGAGED IN AN EDUCATIONAL OR TRAINING ACTIVITY
PURSUANT TO PARAGRAPHS (H), (I), (J), (K) OR (N) OF SUBDIVISION ONE OF
THIS SECTION, HOMEWORK EXPECTED OR REQUIRED BY THE EDUCATIONAL INSTITU-
TION, INCLUDING UP TO ONE HOUR OF UNSUPERVISED HOMEWORK PER HOUR OF
CLASS TIME, PLUS ADDITIONAL HOURS OF HOMEWORK SUPERVISED BY THE EDUCA-
TIONAL INSTITUTION, SHALL COUNT TOWARDS SATISFACTION OF THE PARTIC-
IPANT'S WORK ACTIVITY REQUIREMENTS UNDER THIS TITLE, TO THE EXTENT THAT
SUCH PARTICIPATION SHALL NOT IMPAIR THE NEED OF THE SOCIAL SERVICES
DISTRICT TO MEET FEDERAL AND STATE WORK ACTIVITY PARTICIPATION REQUIRE-
MENTS.
S 2. This act shall take effect immediately.
PART Y
A. 6006 150
Section 1. Subitem (c) of item 1 of clause (A) of subparagraph (i) of
paragraph a of subdivision 3 of section 667 of the education law, as
amended by section 1 of part U of chapter 56 of the laws of 2014, is
amended to read as follows:
(c) For students first receiving aid in two thousand--two thousand one
and thereafter, five thousand dollars, except starting in two thousand
fourteen-two thousand fifteen and thereafter such students shall receive
five thousand one hundred sixty-five dollars AND STARTING IN TWO THOU-
SAND FIFTEEN-TWO THOUSAND SIXTEEN AND THEREAFTER SUCH STUDENTS SHALL
RECEIVE FIVE THOUSAND THREE HUNDRED FIFTEEN DOLLARS; or
S 2. Subitem (a) of item 1 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part U of chapter 56 of the laws of 2014, is amended to
read as follows:
(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 [two] FOUR hundred [ninety] FORTY dollars; or
S 3. Subitem (b) of item 1 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 3 of part U of chapter 56 of the laws of 2014, is amended to
read as follows:
(b) For students first receiving aid in nineteen hundred ninety-three-
-nineteen hundred ninety-four or earlier, three thousand [seven] EIGHT
hundred [forty] NINETY dollars; or
S 4. Subitem (a) of item 2 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part H of section 58 of the laws of 2011, is amended to
read as follows:
(a) For students first receiving aid in nineteen hundred ninety-four
--nineteen hundred ninety-five and nineteen hundred ninety-five--nine-
teen hundred ninety-six and thereafter, three thousand twenty-five
dollars, EXCEPT STARTING IN TWO THOUSAND FIFTEEN-TWO THOUSAND SIXTEEN
SUCH STUDENTS SHALL RECEIVE THREE THOUSAND ONE HUNDRED SEVENTY-FIVE
DOLLARS, or
S 5. Subitem (b) of item 2 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part H of section 58 of the laws of 2011, is amended to
read as follows:
(b) For students first receiving aid in nineteen hundred ninety-two--
nineteen hundred ninety-three and nineteen hundred ninety-three--nine-
teen hundred ninety-four, two thousand [five] SEVEN hundred [seventy-
five] TWENTY-FIVE dollars, or
S 6. Subitem (c) of item 2 of clause (A) of subparagraph (i) of para-
graph a of subdivision 3 of section 667 of the education law, as amended
by section 2 of part H of section 58 of the laws of 2011, is amended to
read as follows:
(c) For students first receiving aid in nineteen hundred ninety-one--
nineteen hundred ninety-two or earlier, two thousand [four] SIX hundred
[fifty] dollars; or
S 7. This act shall take effect immediately.
PART Z
Section 1. Subdivision 8 of section 695-e of the education law, as
amended by chapter 593 of the laws of 2003, is amended to read as
follows:
A. 6006 151
8. 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 MORE THAN TWO TIMES IN ANY CALENDAR YEAR.
S 2. This act shall take effect immediately.
PART AA
Section 1. Subdivision 6 of section 665 of the education law is amended
by adding a new paragraph e to read as follows:
E. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS SUBDIVISION,
FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILI-
TIES ACT OF 1990, 42 USC 12101, AND WHO RECEIVE THEIR FIRST STATE AWARD
DURING THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN ACADEMIC YEAR AND THER-
EAFTER SHALL MAKE SATISFACTORY PROGRESS TOWARD COMPLETION OF THE
PROGRAM'S ACADEMIC REQUIREMENTS AS PROVIDED IN THIS PARAGRAPH. FOR
PURPOSES OF THIS SUBDIVISION, "REASONABLE PROGRESS TOWARD THE COMPLETION
OF THE PROGRAM" SHALL MEAN A STUDENT MUST COMPLETE, AT A MINIMUM, THE
FOLLOWING REQUIREMENTS AT THE TIME OF CERTIFICATION; PROVIDED THAT NOTH-
ING SHALL PREVENT A COLLEGE FROM DEVELOPING STRICTER STANDARDS TO MEAS-
URE REASONABLE PROGRESS:
(I) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH
DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN FOUR-YEAR
OR FIVE-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMES-
TERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH 9TH 10TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT MUST 0 3 9 21 33 45 60 75 90 105
HAVE ACCRUED
AT LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.5 1.8 1.8 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(II) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH
DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN TWO-YEAR
UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED IN SEMESTERS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 3 9 18 30 42 51 60
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
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WITH AT LEAST 0 1.3 1.5 1.8 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(III) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH
DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN FOUR-YEAR
OR FIVE-YEAR UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A
TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 2 4 9 17 25 33 40
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 0 1.1 1.5 1.5 1.8 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
AND,
BEFORE BEING 9TH 10TH 11TH 12TH 13TH 14TH 15TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 50 60 70 80 90 100 110
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 2.0 2.0 2.0 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(IV) FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH
DISABILITIES ACT OF 1990, 42 USC 12101, FIRST RECEIVING AID IN TWO THOU-
SAND TEN--TWO THOUSAND ELEVEN AND THEREAFTER, AND ENROLLED IN TWO-YEAR
UNDERGRADUATE PROGRAMS WHOSE TERMS ARE ORGANIZED ON A TRIMESTER BASIS:
BEFORE BEING 1ST 2ND 3RD 4TH 5TH 6TH 7TH 8TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 0 2 4 9 15 21 30 37
MUST HAVE
ACCRUED AT
LEAST THIS
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MANY CREDITS
WITH AT LEAST 0 1.0 1.3 1.5 1.5 1.8 2.0 2.0
THIS GRADE
POINT AVERAGE
AND,
BEFORE BEING 9TH 10TH 11TH 12TH
CERTIFIED
FOR THIS
PAYMENT
A STUDENT 45 50 55 60
MUST HAVE
ACCRUED AT
LEAST THIS
MANY CREDITS
WITH AT LEAST 2.0 2.0 2.0 2.0
THIS GRADE
POINT AVERAGE
(V) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, UPON EACH CERTIFICATION, PAYMENT ELIGIBILITY SHALL BE DETER-
MINED AND MEASURED PROPORTIONALLY IN EQUIVALENCE WITH FULL TIME STUDY
FOR STUDENTS WHO ARE DISABLED AS DEFINED BY THE AMERICANS WITH DISABILI-
TIES ACT OF 1990, 42 USC 12101.
S 2. This act shall take effect immediately.
PART BB
Section 1. Notwithstanding section 1680-j of the public authorities
law, there shall be a New York state non-profit infrastructure capital
investment program grant for non-profit human services organizations as
follows:
1. Creation. (a) The New York state non-profit infrastructure capital
investment program grant is hereby created to be utilized by non-profit
human services organizations. There is also hereby created the New York
state non-profit infrastructure capital investment program grant board
to have and exercise the powers, duties and prerogatives provided by the
provisions of this section and any other applicable provision of law to
disburse such grant. The board shall remain in existence during the
period of the New York state non-profit infrastructure capital invest-
ment program grant from the effective date of this section through March
31, 2020, or the date on which the last of the funds are available for
grants, 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.
(b) The membership of the board shall consist of three persons
appointed by the governor, of which one shall be upon the recommendation
of the temporary president of the senate and one upon the recommendation
of the speaker of the assembly. The term of the members first appointed
shall continue until March 31, 2016, and thereafter their successors
A. 6006 154
shall serve for a term of one year ending on March 31 in each year. Upon
recommendation of the nominating party, the governor shall replace any
member in accordance with the provisions contained in this subdivision
for the appointment of members. The members of the board shall vote
among themselves to determine who shall serve as chair. The board shall
act by unanimous vote of the members of the board. Any determination of
the board shall be evidenced by a certification thereof executed by all
the members. Each member of the board shall be entitled to designate a
representative to attend meetings of the board on the designating
member's behalf, and to vote or otherwise act on the designating
member's behalf in the designating member's absence. Notice of such
designation shall be furnished in writing to the board by the designat-
ing member. A representative shall serve at the pleasure of the desig-
nating member during the member's term of office. A representative shall
not be authorized to delegate any of his or her duties or functions to
any other person.
(c) Every officer, employee, or member of a governing board or other
board of any non-profit human services organization in New York shall be
ineligible for appointment as a member, representative, officer, employ-
ee or agent of the board.
(d) The members of the board shall serve without salary or per diem
allowance but shall be entitled to reimbursement for actual and neces-
sary expenses incurred in the performance of official duties pursuant to
this section or other provision of law, provided however that such
members and representatives are not, at the time such expenses are
incurred, public officers or employees otherwise entitled to such
reimbursement.
(e) The members, their representatives, officers and staff to the
board shall be deemed employees within the meaning of section 17 of the
public officers law.
2. Definitions. For the purposes of this section, the following terms
shall have the respective meanings:
(a) "Board" shall mean the New York state non-profit infrastructure
capital investment program grant board created by paragraph (a) of
subdivision one of this section.
(b) "Non-profit human services organization" shall mean a human
services provider as defined in subdivision 4 of section 464-b of the
social services law who provides direct human services as defined in
subdivision 3 of section 464-b of the social services law.
(c) "Human services" shall have the same meaning as defined in subdi-
vision 3 of section 464-b of the social services law.
3. Powers, functions and duties of the board. The board shall have the
power and it shall be its duty to approve or deny applications received
from non-profit human services organizations for grants made pursuant to
this section. In making such determination, the board shall consider the
criteria set forth in subdivision four of this section. If necessary,
the board may request additional information from the non-profit human
services organization when making such determination. Within amounts
appropriated therefor, the board is hereby authorized and directed to
award capital grants totaling fifty million dollars.
4. New York state non-profit infrastructure capital investment program
grant administration and financing. (a) The dormitory authority is here-
by authorized and directed to administer the New York state non-profit
infrastructure capital investment program grant.
(b) The dormitory authority shall serve as staff to the non-profit
infrastructure capital investment program grant board, including, with
A. 6006 155
the cooperation of any other state agency, for the preparation of infor-
mation which would assist the board in carrying out its duties.
(c) Non-profit human services organization shall submit applications
to the board that would allow them to improve the quality, efficiency
and accessibility of services to New Yorkers. Such proposed plans shall
focus on investments including but not limited to technology upgrades
related to improving electronic records, data analysis or confidentiali-
ty, renovations or expansions of space used for direct human services,
modifications to provide for sustainable energy efficient spaces that
would result in overall energy and cost savings, and accessibility reno-
vations. The dormitory authority shall develop a standard application
for such grants. Such application shall require non-profit human
services organizations to provide, at a minimum, the following:
(i) the amount of funds requested in relation to the size and scope of
the proposed project;
(ii) a detailed description of the project, including projected costs
including the sources and uses of funds, completion timeline, and funds
necessary at each stage of project completion;
(iii) the extent to which the proposed project reflects a necessary
improvement or upgrade to continue to serve the non-profit human
services organization's target population, or a population they would be
able to serve if such improvements or upgrades were made;
(iv) the extent to which the proposed project will allow them to serve
the population in general;
(v) a statement that as of the effective date of this section,
construction had not begun and equipment had not been purchased for such
project;
(vi) if applicable, a statement whether the project has received all
necessary regulatory approvals or can demonstrate a reasonable expecta-
tion that such approvals will be secured; and
(vii) upon the request of the board, further detail or more informa-
tion regarding paragraphs (a) through (c) of this subdivision that the
board deems relevant and necessary to its decision.
(d) Upon receipt of an application, the dormitory authority shall
review such application for technical sufficiency and compliance with
the application criteria as provided for in subdivision (c) of this
section. When the application is complete, the dormitory authority
shall submit such application with an analysis to the board for its
approval or denial.
(e) In order to be eligible for such grants, non-profit human services
organizations must provide notification to the dormitory authority of an
intent to apply for a grant no later than June 1, 2015 and must apply
for such grant no later than August 1, 2015.
(f) The dormitory authority shall develop a model contract provision
to be used in any contract which involves a project for which a non-pro-
fit human services organization has received a grant. Such provision
shall indemnify and hold the state of New York harmless from any and all
claims for loss or liability alleged to have been caused or resulting
from any work involving such project.
(g) The dormitory authority is hereby authorized and directed to
assist in financing human services projects by providing to eligible
non-profit human services organizations grants that have been approved
by the board.
S 2. This act shall take effect immediately.
PART CC
A. 6006 156
Section 1. Section 1 of part I of chapter 58 of the laws of 2014,
relating to reducing state aid for administrative costs of certain fair
hearings in local social services districts, is amended to read as
follows:
Section 1. ANY SOCIAL SERVICES DISTRICT WITH A POPULATION OF MORE
THAN FIVE MILLION SHALL SUBMIT TO THE OFFICE OF TEMPORARY AND DISABILITY
ASSISTANCE ON A QUARTERLY BASIS NO LATER THAN FIFTEEN DAYS AFTER THE END
OF ANY QUARTER BEGINNING WITH THE QUARTER COMMENCING APRIL 1, 2015, A
WRITTEN PLAN OUTLINING THE EFFORTS OF SUCH DISTRICT TO MINIMIZE ANY
EXISTING BACKLOG OF FAIR HEARINGS TO BE SCHEDULED SUCH THAT HEARINGS MAY
BE CONDUCTED WITHIN A REASONABLE TIME. THE OFFICE OF TEMPORARY AND DISA-
BILITY ASSISTANCE SHALL PROVIDE ASSISTANCE TO SUCH DISTRICT TO SUPPORT
THE IMPLEMENTATION OF SUCH PLANS. IN THE EVENT THAT SUCH PLANS ARE NOT
TIMELY SUBMITTED, OR ANY EXISTING BACKLOG GROWS OVER FOUR OR MORE
CONSECUTIVE QUARTERS BEGINNING WITH THE QUARTER COMMENCING APRIL 1,
2015, THE FOLLOWING PROVISIONS SHALL APPLY: Notwithstanding any incon-
sistent provision of law, beginning April 1, 2014, for any local social
services district with greater than forty percent of the statewide total
of fair hearings issues heard in a given state fiscal year quarter, the
office of temporary and disability assistance shall calculate the number
of issues reversed plus the number of local district issues withdrawn
after scheduling of the hearing as a percentage of total issues heard
for such district. If the calculated percentage is greater than fifty
percent in the given state fiscal year quarter, state reimbursement
otherwise payable to such local social services district shall be
reduced by seventy percent of the non-federal share of total administra-
tive costs of fair hearings operations attributable to such district for
the given quarter, as determined by the office of temporary and disabil-
ity assistance and approved by the director of the budget. Such
reduction in reimbursement shall credit the office of temporary and
disability assistance personal service and nonpersonal service expendi-
tures for the administrative hearings program.
S 2. This act shall take effect immediately, provided that the amend-
ments to section 1 of part I of chapter 58 of the laws of 2014, made by
section one of this act, shall not affect the expiration and repeal of
such part, and shall expire and be deemed repealed therewith.
PART DD
Section 1. The social services law is amended by adding a new section
36-d to read as follows:
S 36-D. HOMELESSNESS PREVENTION PILOT PROGRAM. 1. NOTWITHSTANDING ANY
INCONSISTENT PROVISION OF LAW, THE DEPARTMENT IS AUTHORIZED AND DIRECTED
TO ESTABLISH THE HOMELESSNESS PREVENTION PILOT PROGRAM TO ENABLE A
SOCIAL SERVICES DISTRICT WITH A POPULATION OF FIVE MILLION OR MORE, TO
ISSUE SHELTER SUPPLEMENTS OR HOUSING VOUCHERS TO HOUSEHOLDS ELIGIBLE FOR
PUBLIC ASSISTANCE OR FEDERAL SUPPLEMENTAL SECURITY INCOME, BASED ON SUCH
HOUSEHOLDS' RECENT OR IMMINENT LOSS OF HOUSING.
2. SUCH LOCAL SOCIAL SERVICES DISTRICT MAY PROVIDE SUCH SHELTER
SUPPLEMENT OR HOUSING VOUCHER TO A HOUSEHOLD FOR WHICH A LOSS OF HOUSING
RESULTED OR WILL RESULT FROM RECENT OR PENDING EVICTION, BONA FIDE RENT
ARREARS, DOMESTIC VIOLENCE, DWELLING CONDITIONS THAT ARE DANGEROUS,
HAZARDOUS, OR DETRIMENTAL TO LIFE OR HEALTH, OR OTHER EXIGENT CIRCUM-
STANCES, WHEN THE LOCAL SOCIAL SERVICES DISTRICT HAS DETERMINED THAT THE
ISSUANCE OF SUCH SHELTER SUPPLEMENT OR HOUSING VOUCHER IS NECESSARY TO
MEET ACTUAL SHELTER COSTS TO SECURE HABITABLE ACCOMMODATIONS AND IS
A. 6006 157
LIKELY TO HELP AVERT OR ABATE HOMELESSNESS. SUCH SHELTER SUPPLEMENT OR
HOUSING VOUCHER SHALL NOT EXCEED THE FAIR MARKET RENT ESTABLISHED PURSU-
ANT TO PART 888 OF TITLE 24 OF THE CODE OF FEDERAL REGULATIONS FOR THE
AREA IN WHICH THE DISTRICT IS LOCATED AND FOR THE CORRESPONDING SIZE OF
THE DWELLING UNIT. SUCH SHELTER SUPPLEMENT OR HOUSING VOUCHER SHALL NOT
BE AN AMOUNT INCLUDED IN THE STANDARD OF NEED PURSUANT TO PARAGRAPH (B)
OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS CHAPTER.
3. ANY HOUSEHOLD PARTICIPATING IN THE PILOT PROGRAM SHALL BE REQUIRED
TO CONTRIBUTE TO THE COST OF SUCH HOUSEHOLD'S SHELTER AN AMOUNT THAT IS
THE LESSER OF THIRTY PERCENT OF SUCH HOUSEHOLD'S MONTHLY GROSS INCOME
NOT INCLUDING ANY PUBLIC ASSISTANCE OR OTHER BENEFITS PROVIDED PURSUANT
TO THIS CHAPTER, OR THE SUM OF THE PRO RATA SHARES OF THE MONTHLY RENT
OF THE HOUSEHOLD MEMBER OR MEMBERS WHO RECEIVE SUCH INCOME. A PENDING
EVICTION PROCEEDING SHALL NOT BE A PREREQUISITE FOR A HOUSEHOLD'S
PARTICIPATION IN THE PILOT PROGRAM. THE INCOME OF MINOR CHILDREN SHALL
NOT BE CONSIDERED PART OF THE GROSS INCOME.
4. EXPENDITURES INCURRED BY THE LOCAL SOCIAL SERVICES DISTRICTS UNDER
THIS SECTION SHALL BE CONSIDERED IN EXCESS OF THE SHELTER ALLOWANCE
MAXIMUM AS SET FORTH IN PARAGRAPH (1) OF SUBDIVISION (A) OF SECTION
352.3 OF TITLE EIGHTEEN OF THE CODES, RULES, AND REGULATIONS OF THE
STATE OF NEW YORK AND ANY ADDITIONAL MONTHLY SHELTER SUPPLEMENT PROVIDED
PURSUANT TO A PLAN APPROVED PRIOR TO APRIL FIRST, TWO THOUSAND FIFTEEN
BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE PURSUANT TO PARA-
GRAPH (3) OF SUBDIVISION (A) OF SECTION 352.3 OF TITLE EIGHTEEN OF THE
CODES, RULES, AND REGULATIONS OF THE STATE OF NEW YORK.
5. THE DEPARTMENT IS AUTHORIZED TO APPROVE FUNDING FOR THE PILOT
PROGRAM, SUBJECT TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET, SEPARATE
FROM STATE AID THAT SUCH LOCAL SOCIAL SERVICES DISTRICT WOULD OTHERWISE
BE ELIGIBLE TO RECEIVE.
6. THE COMMISSIONER OF THE HUMAN RESOURCES ADMINISTRATION SHALL ISSUE
A REPORT ON THE PILOT PROGRAM TO THE GOVERNOR, THE SPEAKER OF THE ASSEM-
BLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE CHAIRS AND THE RANKING
MEMBERS OF THE SOCIAL SERVICES COMMITTEES IN THE ASSEMBLY AND THE SENATE
AND THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE, ON OR BEFORE
NOVEMBER FIRST OF EACH YEAR, STARTING NOVEMBER FIRST, TWO THOUSAND
FIFTEEN REGARDING THE EFFECTIVENESS OF THE PILOT PROGRAM. SUCH REPORTS
SHALL INCLUDE, AT A MINIMUM:
A. THE TOTAL COSTS INCURRED FOR IMPLEMENTATION OF THE PILOT PROGRAM;
B. THE NUMBER OF HOUSEHOLDS PARTICIPATING IN THE PROGRAM;
C. THE COSTS AVOIDED IN TEMPORARY SHELTER AND THE PROVISION OF OTHER
PUBLIC ASSISTANCE BENEFITS, AND THE METHODOLOGY FOR DERIVING SUCH ESTI-
MATES;
D. FACTORS CONTRIBUTING TO HOUSEHOLDS EXPERIENCING HOUSING ISSUES,
INCLUDING BUT NOT LIMITED TO HEALTH AND SAFETY AND BUDGETING
CONSTRAINTS;
E. RECOMMENDATIONS CONCERNING THE EFFECTIVENESS OF PROVIDING SUPPLE-
MENTS TO THE CURRENT SHELTER ALLOWANCES AND RELATED ALLOWANCES IN
ASSISTING INDIVIDUALS IN RECEIPT OF PUBLIC ASSISTANCE BENEFITS TO SECURE
PERMANENT AND STABLE HOUSING, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO
CONSIDERATION OF THE CORRELATION OF SHELTER ALLOWANCES TO THE FAIR
MARKET RENTS ESTABLISHED PURSUANT TO PART 888 OF TITLE 24 OF THE CODE OF
FEDERAL REGULATIONS; AND
F. ANY OTHER INFORMATION OR AVAILABLE DATA THAT THE COMMISSIONER DEEMS
RELEVANT AND NECESSARY FOR COMPREHENSIVE EVALUATION OF THE CURRENT NEED
OF ENTITLEMENTS FOR PUBLIC ASSISTANCE RECIPIENTS.
A. 6006 158
S 2. A local social services district shall not be required to provide
shelter supplements or housing vouchers pursuant to a pilot program
established pursuant to section 36-d of the social services law in the
event that such program is discontinued or funding for such program is
no longer provided by the department of social services.
S 3. This act shall take effect immediately.
PART EE
Section 1. Legislative findings. The legislature hereby finds and
declares that the New York city housing authority provides housing to
hundreds of thousands of New York city residents, who reside in its
three hundred and thirty-four public housing developments. In recent
years, these housing developments have suffered from a serious lack of
capital to support necessary structural repairs, apartment maintenance,
and overall improvements to better serve residents. The New York city
housing authority has placed the cost of needed capital improvements at
billions of dollars, a figure that reflects the declining health of the
authority's housing stock and its struggle to keep pace having severely
limited resources. To address these issues, the New York state legisla-
ture hereby provides the New York city housing authority new capital
funding aimed at complementing the authority's efforts to revitalize its
housing stock and serve the needs of its resident communities.
S 2. The public housing law is amended by adding a new section 402-c
to read as follows:
S 402-C. PUBLIC HOUSING MODERNIZATION FUNDS. 1. FUNDS APPROPRIATED BY
NEW YORK STATE, IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN-TWO THOUSAND
SIXTEEN AND DIRECTED THROUGH THE PUBLIC HOUSING MODERNIZATION PROGRAM TO
THE NEW YORK CITY HOUSING AUTHORITY SHALL SOLELY GO TOWARD CAPITAL REVI-
TALIZATION PROJECTS AT NEW YORK CITY HOUSING AUTHORITY DEVELOPMENTS.
SUCH PROJECTS SHALL INCLUDE, BUT NOT BE LIMITED TO: ROOFTOP RESTORATION,
INDIVIDUAL APARTMENT MAINTENANCE, STRUCTURAL MAINTENANCE OR
CONSTRUCTION, HVAC SYSTEM REPAIR, GROUNDS IMPROVEMENT, INSTALLATION OF
REFUSE MANAGEMENT SYSTEMS, ELEVATOR REHABILITATION, UPGRADES AND RENO-
VATIONS TO COMMUNITY CENTERS AND COMMON AREAS, LIGHTING IMPROVEMENTS,
ELECTRICAL AND PLUMBING MAINTENANCE, AND EFFORTS TO COMPLY WITH THE
AMERICANS WITH DISABILITIES ACT OF 1990.
2. (A) FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE
CHAIR SHALL PUBLISH ON THE NEW YORK CITY HOUSING AUTHORITY WEBSITE, AND
FILE WITH THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY,
AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE, A CAPITAL
REVITALIZATION PLAN FOR UTILIZING FUNDS APPROPRIATED AS DESCRIBED IN
SUBDIVISION ONE OF THIS SECTION. THIS PLAN SHALL BE DESIGNED TO ENSURE
APPROPRIATE ADMINISTRATION OF THESE FUNDS. THE PLAN OF OPERATION, AND
ANY SUBSEQUENT AMENDMENTS TO IT, SHALL BECOME EFFECTIVE UPON FILING.
(B) THIS CAPITAL REVITALIZATION PLAN SHALL: (I) DETAIL ANY CURRENT AND
PROJECTED CAPITAL REVITALIZATION PROJECTS NEEDED OR PLANNED BY THE NEW
YORK CITY HOUSING AUTHORITY THAT WOULD BE FUNDED IN WHOLE OR IN PART BY
STATE FUNDS AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION, INCLUDING
BUT NOT LIMITED TO THE ESTIMATED COST OF EACH SUCH CAPITAL REVITALIZA-
TION PROJECT FOR THE SPECIFIC DEVELOPMENT AT WHICH IT WILL OCCUR, REVI-
TALIZATION PROJECT SCHEDULING AND DURATION, AND THE LOCATION OF SUCH
PROJECTS;
(II) ILLUSTRATE PROCEDURES BY WHICH THE NEW YORK CITY HOUSING AUTHORI-
TY INTENDS TO FACILITATE CAPITAL REVITALIZATION PROJECTS; AND
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(III) CONTAIN ANY ADDITIONAL PROVISIONS THAT THE CHAIR DEEMS PROPER
FOR THE ADMINISTRATION OF FUNDS.
3. AT THE END OF EACH CALENDAR YEAR FROM THE EFFECTIVE DATE OF THIS
SECTION UNTIL ALL OF THE CAPITAL REVITALIZATION PROJECTS HAVE BEEN
COMPLETED, THE CHAIR SHALL PUBLISH ON THE NEW YORK HOUSING AUTHORITY
WEBSITE, AND SUBMIT TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF
THE ASSEMBLY, AND THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE
SENATE, AN UPDATED CAPITAL REVITALIZATION PLAN, WHICH DETAILS THE UTILI-
ZATION OF SUCH FUNDS AND THE COMPLETION OF THE PROPOSED CAPITAL REHABIL-
ITATION PROJECTS.
S 3. This act shall take effect immediately.
PART FF
Section 1. The education law is amended by adding a new section 6457 to
read as follows:
S 6457. FOSTER YOUTH COLLEGE SUCCESS INITIATIVE. 1. THE COMMISSIONER
SHALL SUB-ALLOCATE A PORTION OF THE FUNDS AVAILABLE FOR THE FOSTER YOUTH
COLLEGE SUCCESS INITIATIVE TO OTHER STATE DEPARTMENTS, AGENCIES, THE
STATE UNIVERSITY OF NEW YORK, THE CITY UNIVERSITY OF NEW YORK, OR OTHER
POSTSECONDARY INSTITUTIONS FOR THE PURPOSE OF PROVIDING ADDITIONAL
SERVICES AND EXPENSES TO EXPAND OPPORTUNITIES THROUGH CURRENT POSTSECON-
DARY OPPORTUNITY PROGRAMS AT PUBLIC AND INDEPENDENT INSTITUTIONS FOR
FOSTER YOUTH AND TO PROVIDE ANY NECESSARY SUPPLEMENTAL FINANCIAL AID FOR
FOSTER YOUTH, WHICH MAY INCLUDE THE COST OF TUITION AND FEES, BOOKS,
TRANSPORTATION, AND OTHER EXPENSES AS DETERMINED BY THE COMMISSIONER TO
BE NECESSARY FOR SUCH FOSTER YOUTH TO ATTEND COLLEGE.
(A) FOR THE PURPOSES OF THIS SECTION FOSTER YOUTH SHALL MEAN STUDENTS
WHO HAVE QUALIFIED AS AN ORPHAN, FOSTER CHILD OR WARD OF THE COURT FOR
THE PURPOSES OF FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY
TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED.
(B) STATE DEPARTMENTS, AGENCIES, THE STATE UNIVERSITY OF NEW YORK, THE
CITY UNIVERSITY OF NEW YORK, OR OTHER POSTSECONDARY INSTITUTIONS
REQUESTING A SUB-ALLOCATION SHALL FILE AN APPLICATION WITH THE COMMIS-
SIONER BY OCTOBER FIRST OF EACH YEAR DEMONSTRATING A NEED FOR SUCH SUB-
ALLOCATION, INCLUDING HOW THE FUNDING WOULD BE USED AND HOW MANY FOSTER
YOUTH WOULD BE ASSISTED.
2. (A) THE COMMISSIONER SHALL AWARD FROM REMAINING FUNDS, GRANTS FOR
THE PURPOSE OF PROVIDING SUPPORT SERVICES AND SUPPLEMENTAL FINANCIAL AID
TO ASSIST YOUTH IN FOSTER CARE TO APPLY FOR, ENROLL IN, AND SUCCEED IN
COLLEGE. SUCH AWARDS SHALL BE MADE ON A COMPETITIVE BASIS TO
DEGREE-GRANTING INSTITUTIONS OF HIGHER EDUCATION, CONSORTIA OF
DEGREE-GRANTING HIGHER EDUCATION INSTITUTIONS, OR NOT-FOR-PROFIT COMMU-
NITY-BASED ORGANIZATIONS, ALL OF WHICH MAY BE IN COOPERATION WITH SCHOOL
DISTRICTS.
(B) GRANT APPLICATIONS SHALL CONTAIN ONE OR MORE OF THE FOLLOWING
PROGRAM ELEMENTS:
(1) ABILITY TO DESIGN A WEBSITE MADE AVAILABLE TO ALL FOSTER YOUTH
SPECIFICALLY DESIGNED TO PROVIDE PRE-COLLEGE INFORMATION TO ASSIST WITH
QUESTIONS ABOUT COLLEGE PREPARATION, APPLICATION, AND ENROLLMENT;
(2) A FINANCIAL OUTREACH PROGRAM TO INFORM FOSTER YOUTH ABOUT AVAIL-
ABLE FEDERAL AND STATE FINANCIAL AID PROGRAMS IN ORDER TO DISSEMINATE
INFORMATION, PROMOTE AND ENCOURAGE USE OF SUCH FINANCIAL AID PROGRAMS,
AND FACILITATE THE FINANCIAL AID APPLICATION PROCESS;
(3) A SUMMER COLLEGE PREPARATION PROGRAM TO HELP FOSTER YOUTH TRANSI-
TION TO COLLEGE, PREPARE THEM TO NAVIGATE ON-CAMPUS SYSTEMS, AND PROVIDE
A. 6006 160
PREPARATION IN READING, WRITING, AND MATHEMATICS FOR FOSTER YOUTH WHO
NEED IT; OR
(4) A PROGRAM TO PROVIDE SUPPORT SERVICES TO FOSTER YOUTH INCLUDING
ASSISTANCE APPLYING FOR THE CURRENT POST-SECONDARY OPPORTUNITY PROGRAMS;
ADVISEMENT; TUTORING AND ACADEMIC ASSISTANCE; AND TRANSITION AND AGING-
OUT SUPPORT.
3. ALLOWABLE COSTS UNDER THIS PROGRAM SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO: TRANSPORTATION COSTS FOR STUDENTS AND PROGRAM PERSONNEL;
INSTRUCTIONAL MATERIALS; REMEDIAL COURSES; ACADEMIC SUPPORT SERVICES,
INCLUDING SPECIAL TUTORING, COUNSELING AND GUIDANCE SERVICES; COSTS
RELATED DIRECTLY TO PROGRAM PROVISIONS, INCLUDING SUMMER AND WEEKEND
ACTIVITIES; AND ANY ADMINISTRATIVE COSTS DIRECTLY ATTRIBUTABLE TO THE
PROGRAM.
4. GRANTS SHALL BE AWARDED TO ELIGIBLE APPLICANTS BASED UPON CRITERIA
ESTABLISHED BY THE COMMISSIONER.
5. THE COMMISSIONER SHALL ADOPT REGULATIONS FOR THE IMPLEMENTATION OF
THIS SECTION.
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, 2015.
PART GG
Section 1. 1. The commissioner of the office of mental health, in
conjunction with the commissioner of the division of housing and commu-
nity renewal, the commissioner of the office of temporary and disability
services, the commissioner of the office of alcoholism and substance
abuse services, the commissioner of the office for people with develop-
mental disabilities, and the commissioner of the department of health,
shall conduct an evaluation of supportive housing services statewide,
including an evaluation of the existing supportive housing programs and
a determination of the overall need for supportive housing services. In
conducting such evaluation the commissioner of mental health shall eval-
uate:
(a) the need for supportive housing statewide, including an analysis
of any variation in need by eligibility group, age, or county;
(b) the existing supportive housing programs operated by the state and
local governments to identify areas for programmatic improvement or to
establish best practices for supportive housing programs;
(c) the effectiveness of the existing supportive housing on a regional
basis, including an analysis of any program deficiencies on a regional
or county basis;
(d) available supportive housing beds and expenditures statewide and
by county as well as the multi-year state plan for increasing supportive
housing services;
(e) the adequacy of supportive housing capital support provided by the
state, the federal government, local governments, or private entities,
including an analysis of any regional variation in funding availability;
(f) the adequacy of supportive housing operating support, including
case management activities, provided by the state, the federal govern-
ment, local governments, or private entities, including an analysis of
any regional variation in funding availability;
(g) fair market rent calculations and determine the adequacy of rental
subsidy payments, including an analysis of any regional variations in
subsidy rates; and
(h) any other areas or issues deemed appropriate by the commissioners.
A. 6006 161
2. The commissioner of mental health shall submit a report to the
governor, the temporary president of the senate, and the speaker of the
assembly, no later than December 15, 2015, and annually thereafter, on
the results of this evaluation.
S 2. This act shall take effect immediately.
PART HH
Section 1. The New York State Energy Research and Development Authori-
ty ("NYSERDA") shall continue to offer Green Jobs - Green New York
("GJGNY") financing to customers who were eligible for qualified energy
efficiency services as defined in subdivision 12 of section 1891 of the
public authorities law prior to January 1, 2015 on the terms that
existed prior to January 1, 2015.
S 2. No later than 30 days following the effective date of this act,
NYSERDA shall provide a report to the executive, temporary president of
the senate, speaker of the assembly, the chair of the senate committee
on energy and telecommunications and the chair of the assembly committee
on energy regarding the financial status of GJGNY. The report required
under this section shall detail the current fund balance, total expendi-
tures, and encumbered and committed funds since the program's inception.
S 3. This act shall take effect immediately.
PART II
Section 1. This act shall be named and may be cited as "My Home Mort-
gage Modification Program".
S 2. The legislature hereby finds and declares that: across the state,
thousands of New York families and communities have suffered the devas-
tating impact of the 2008 financial crisis. Recognizing New Yorkers'
need for mortgage modification services, the legislature hereby estab-
lishes the My Home Mortgage Modification Program under the adminis-
tration of the New York state housing trust fund corporation. In coordi-
nation with not-for-profit corporations and community development
financial institutions, My Home Mortgage Modification Program supports
mortgage relief to distressed homeowners.
S 3. Definitions. For the purposes of this act:
(a) "home loan" shall mean a first or subordinate lien loan that is
secured by a borrower's interest in: (i) residential real property and
any improvements or structures thereon; (ii) a share of a cooperative
corporation that entitles a borrower to a housing unit; or (iii) a resi-
dential structure that is part of a condominium development. Home loan
shall also include interest, taxes, homeownership association fees,
carrying charges, and other liens related to homeownership;
(b) "vacant and abandoned" shall mean (i) that at least three monthly
payments are past due on the home loan, or the mortgagor has informed
the mortgagee or loan servicing company, in writing, that the mortgagor
does not intend to occupy the property in the future; and (ii) either:
(A) there is a reasonable basis to believe that the property is not
occupied; or (B) a court, or other appropriate state or local govern-
mental entity, has determined that such residential real property is a
risk to the health, safety, or welfare of the public, any adjoining or
adjacent property owner; or has otherwise declared the property unfit
for occupancy;
(c) "residence" shall mean real property and any improvements or
structures thereon, or an interest therein, that is located in New York
A. 6006 162
state, not vacant or abandoned, and principally intended for occupancy
by one to two families;
(d) "homeowner" shall mean a natural person, who has held a home loan
for no less than 18 months, is the occupant of a residence that secures
such home loan and such residence is his or her only dwelling, and is
not actively in a bankruptcy proceeding pursuant to Title 11 of the
United States Code;
(e) "negative equity" shall mean a home loan balance that is higher
than the fair market value of the residence securing such home loan, as
determined by a New York state licensed appraiser;
(f) "the corporation" shall mean the New York state housing trust fund
corporation as created pursuant to section 45-a of the private housing
finance law;
(g) "eligible institution" shall mean a not-for-profit corporation or
community development financial institution. Such eligible institution
shall have the ability to: coordinate and/or connect homeowners to coun-
seling, mediation, legal representation, and negotiate on behalf of
homeowners seeking a home loan payment modification; provide training
and support for counselors, mediators, and attorneys regarding such
assistance to homeowners; and provide credit counseling;
(h) "eligible applicant" shall mean a homeowner: with negative equity;
who is not in default on his or her home loan who holds a home loan that
has an annual percentage rate of 4.0 percentage points or more above the
yield on treasury securities of comparable maturity measured as of the
fifteenth day of the month immediately preceding the month in which the
application for the loan is received by the lender; and, as of the date
of application for home loan modification pursuant to this act, whose
household consists of one person whose total household annual gross
income is no more than $150,000, including wage, salary, and/or self-em-
ployed earnings and income; or whose household consists of two or more
persons and whose total household annual gross income is no more than
$250,000, including wage, salary, and/or self-employed earnings and
income.
S 4. (a) Within the amounts transferred to the corporation for mort-
gage modification pursuant to this act, the corporation shall, in
consultation with the division of housing and community renewal, the
department of financial services, and the office of court adminis-
tration, develop and administer the My Home Mortgage Modification
Program.
(b) Within the available appropriations, the corporation is authorized
to create a revolving loan fund to provide eligible institutions with
funding so that such institutions may provide low-interest loans to
eligible applicants. Eligible institutions shall use these funds to make
a one-time loan, not to exceed $40,000, to each eligible applicant. The
purpose of the loan shall be to modify an eligible applicant's home loan
through home loan principal reduction or refinancing.
S 5. (a) The corporation shall develop application and reporting
procedures for eligible institutions to use to apply for funds to carry
out the provisions of this act; criteria for evaluating such applica-
tions, including criteria that would encourage collaborative applica-
tions by multiple eligible institutions; and criteria for use by the
eligible institutions, that receive funds pursuant to this act, to eval-
uate applications for assistance from eligible applicants for the
provision of home loan modification. The eligible institutions shall
consider the eligible applicant's need for assistance and opportunity to
A. 6006 163
successfully restructure the applicable home loan to allow the eligible
applicant to continue to occupy the home.
(b) The corporation shall determine procedures pertaining to eligible
institutions' ability to recover unpaid portions of an issued loan if an
eligible applicant sells his or her residence. In the event that there
is a default in payment by a homeowner that is not remedied within nine-
ty days of such default, the eligible institution or the corporation
shall be authorized to take legal recourse necessary to receive such
money and interest that is due and owing, including, but not limited to:
filing a lien against such residence or commencing a legal action for
repayment of such funds.
(c) The corporation shall determine loan guidelines for funds issued
to and loans issued by eligible institutions.
(d) The corporation shall determine procedures by which any interest,
accrued on a low-interest loan issued to a homeowner pursuant to this
act and received by an eligible institution, shall be remitted back into
the revolving loan fund.
(e) The corporation shall establish terms by which an eligible insti-
tution shall maintain funds received pursuant to this act. Eligible
institutions shall keep such funds separate from all other business or
fiduciary accounts.
(f) The corporation, in consultation with the division of housing and
community renewal, the department of financial services, and the office
of court administration, shall submit a report to the governor, the
speaker of the assembly, the temporary president of the senate, and the
chief administrative judge of the courts of New York state on or before
April 1, 2016, on the implementation of this act. Such report shall
include, but not be limited to, for each eligible institution receiving
funds under this act, a description of such eligible institution's
contract amount, the specific home loan modification activities and
number of persons and households served by each eligible institution,
and the number of requests for assistance that could not be granted.
S 6. This act shall take effect immediately.
PART JJ
Section 1. This act shall be known and may be cited as the "Home Help
Mortgage Assistance and Foreclosure Prevention Loan Program."
S 2. The legislature hereby finds and declares that: across the state,
thousands of New York families and communities have suffered the devas-
tating impact of the 2008 financial crisis and ensuing foreclosure
crisis. Recognizing New Yorkers' need for mortgage assistance and fore-
closure prevention services, the legislature hereby establishes the Home
Help Mortgage Assistance and Foreclosure Prevention Loan Program under
the administration of the New York state housing trust fund corporation.
In coordination with not-for-profit corporations and community develop-
ment financial institutions, Home Help Mortgage Assistance and Foreclo-
sure Prevention Loan Program provides home loan modification services to
distressed homeowners.
S 3. Definitions. For the purposes of this act:
(a) "home loan" shall mean a first or subordinate lien loan that is
secured by a borrower's interest in: (i) residential real property and
any improvements or structures thereon; (ii) a share of a cooperative
corporation that entitles a borrower to a housing unit; or (iii) a resi-
dential structure that is part of a condominium development. Home loan
A. 6006 164
shall also include interest, taxes, homeownership association fees,
carrying charges, and other liens related to homeownership;
(b) "vacant and abandoned" shall mean (i) that at least three monthly
payments are past due on the home loan, or the mortgagor has informed
the mortgagee or loan servicing company, in writing, that the mortgagor
does not intend to occupy the property in the future; and (ii) either:
(A) there is a reasonable basis to believe that the property is not
occupied; or (B) a court, or other appropriate state or local govern-
mental entity, has determined that such residential real property is a
risk to the health, safety, or welfare of the public; any adjoining or
adjacent property owner; or has otherwise declared the property unfit
for occupancy;
(c) "residence" shall mean real property and any improvements or
structures thereon, or an interest therein, that is located in New York
state, not vacant or abandoned, and principally intended for occupancy
by one to two families;
(d) "homeowner" shall mean a natural person, who has held a home loan
for no less than 18 months, is the occupant of a residence that secures
such home loan and such residence is his or her only dwelling, and is
not actively in a bankruptcy proceeding pursuant to Title 11 of the
United States Code;
(e) "imminent risk of home loan default" shall mean a home loan with a
reasonable likelihood of delinquency within a 90-day period, as of the
date of application for home loan assistance and foreclosure prevention
services pursuant to this act;
(f) "the corporation" shall mean the New York state housing trust fund
corporation as created pursuant to section 45-a of the private housing
finance law;
(g) "eligible institution" shall mean a not-for-profit corporation or
community development financial institution. Such eligible institution
shall have the ability to: coordinate and/or connect homeowners to coun-
seling, mediation, legal representation, and negotiate on behalf of
homeowners facing delinquency or foreclosure; provide training and
support for counselors, mediators, and attorneys regarding such assist-
ance to homeowners; and provide credit counseling;
(h) "eligible applicant" shall mean a homeowner: (i) at imminent risk
of home loan default, who is not in default on his or her home loan, who
has a documented financial hardship, and whose loan-to-value ratio is no
less than 75 percent; or (ii) who is no more than 90 days delinquent on
his or her home loan, who has a documented financial hardship, and whose
loan-to-value ratio is no less than 75 percent; or (iii) who has a docu-
mented financial hardship due to unemployment or underemployment; as of
the date of application for home loan assistance and foreclosure
prevention services pursuant to this act, has been unemployed for at
least two months; has a current loan-to-value ratio no less than 70
percent; and is likely to resume repayment of the original home loan
obligations within 12 months; or (iv) against whom a lender, assignee,
or mortgage loan servicer has filed a lis pendens, summons, and
complaint in an action under article 13 of the real property actions and
proceedings law. An eligible applicant under paragraphs (i), (ii), and
(iv) of this subdivision shall be, as of the date of application for
home loan assistance and foreclosure prevention services pursuant to
this act, an individual whose household consists of one person and whose
total household annual gross income is no more than $150,000, including
wage, salary, and/or self-employed earnings and income; or an individual
whose household consists of two or more persons and whose total house-
A. 6006 165
hold annual gross income is no more than $250,000, including wage, sala-
ry, and/or self-employed earnings and income.
S 4. (a) Within the amounts transferred to the corporation for home
loan assistance and foreclosure prevention services pursuant to this
act, the corporation shall, in consultation with the division of housing
and community renewal, the department of financial services, and the
office of court administration, develop and administer the Home Help
Mortgage Assistance and Foreclosure Prevention Loan Program.
(b) Within the available appropriations, the corporation is authorized
to create a revolving loan fund to provide eligible institutions funding
so that such institutions may provide low-interest loans to eligible
applicants. Eligible institutions shall use these funds to make a one-
time loan, not to exceed $40,000, to each eligible applicant. The
purpose of the loan shall be to modify an eligible applicant's home loan
through home loan principal reduction, refinancing, or provide temporary
financial relief for the payment of an existing home loan.
S 5. (a) The corporation shall develop application and reporting
procedures for eligible institutions to use to apply for funds to carry
out the provisions of this act; criteria for evaluating such applica-
tions, including criteria that would encourage collaborative applica-
tions by multiple eligible institutions; and criteria for use by the
eligible institutions, that receive funds pursuant to this act, to eval-
uate applications for assistance from eligible applicants for the
provision of home loan assistance and foreclosure prevention services.
The eligible institutions shall consider the eligible applicant's need
for assistance and opportunity to successfully restructure the applica-
ble home loan to allow the eligible applicant to continue to occupy the
home.
(b) The corporation shall determine procedures pertaining to eligible
institutions' ability to recover unpaid portions of an issued loan if an
eligible applicant sells his or her residence. In the event that there
is a default in payment by a homeowner that is not remedied within nine-
ty days of such default, the eligible institution or the corporation
shall be authorized to take legal recourse necessary to receive such
money and interest that is due and owing, including, but not limited to:
filing a lien against such residence or commencing a legal action for
repayment of such funds.
(c) The corporation shall determine loan guidelines for funds issued
to and loans issued by eligible institutions.
(d) The corporation shall determine procedures by which any interest,
accrued on a low-interest loan issued to a homeowner pursuant to this
act and received by an eligible institution, shall be remitted back into
the revolving loan fund.
(e) The corporation shall establish terms by which an eligible insti-
tution shall maintain funds received pursuant to this act. Eligible
institutions shall keep such funds separate from all other business or
fiduciary accounts.
(f) The corporation, in consultation with the division of housing and
community renewal, the department of financial services, and the office
of court administration, shall submit a report to the governor, the
speaker of the assembly, the temporary president of the senate, and the
chief administrative judge of the courts of New York state on or before
April 1, 2016, on the implementation of this act. Such report shall
include, but not be limited to, for each eligible institution receiving
funds under this act, a description of such eligible institution's
contract amount, the specific foreclosure prevention activities and
A. 6006 166
number of persons and households served by each eligible institution,
and the number of requests for assistance that could not be granted. The
report shall also include a quantitative analysis of home loan defaults
in the state, the causes of such defaults, the unmet needs that exist in
the state due to defaults on loans, foreclosures of homes, rates of
foreclosures, the need for direct assistance to homeowners, and the
ability of homeowners to successfully comply with home loan terms or
negotiate changes in their home loans in order to remain in their homes.
S 6. 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 JJ of this act shall be
as specifically set forth in the last section of such Parts.
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