Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Apr 04, 2016 |
signed chap.54 |
Apr 01, 2016 |
delivered to governor returned to senate passed assembly message of necessity - 3 day message motion to postpone lost ordered to third reading rules cal.30 substituted for a9006c |
Apr 01, 2016 |
substituted by s6406c rules report cal.30 reported reported referred to rules |
Mar 31, 2016 |
print number 9006c |
Mar 31, 2016 |
amend (t) and recommit to ways and means |
Mar 11, 2016 |
print number 9006b |
Mar 11, 2016 |
amend (t) and recommit to ways and means |
Feb 16, 2016 |
print number 9006a |
Feb 16, 2016 |
amend (t) and recommit to ways and means |
Jan 14, 2016 |
referred to ways and means |
Assembly Bill A9006
Signed By Governor2015-2016 Legislative Session
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year
download bill text pdfSponsored By
There are no sponsors of this bill.
Archive: Last Bill Status Via S6406 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2016
aye (61)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
nay (1)
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Mar 31, 2016 - Finance Committee Vote
S640634Aye0Nay3Aye with Reservations0Absent0Excused0Abstained-
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Finance Committee Vote: Mar 31, 2016
aye (34)
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Bill Amendments
2015-A9006 - Details
- See Senate Version of this Bill:
- S6406
- Law Section:
- Budget Bills
2015-A9006 - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year; amends the education law, in relation to contracts for excellence and the apportionment of public moneys; amends the education law, in relation to the gap elimination adjustment; amends the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid
2015-A9006 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6406 A. 9006 S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to applications for waivers of certain duties by the education department; to amend the education law in relation to char- ter schools; to establish the empire state pre-kindergarten grant board; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effective- ness thereof; 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 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 the effectiveness thereof; to amend the state finance law, in relation to the New York state teen health education fund; 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, in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the educa- tion law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-01-6 S. 6406 2 A. 9006 suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; and to amend chapter 101 of the laws of 2003, amending the education law relating to imple- mentation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof (Part A); to amend the education law, in relation to school emergency response plans (Part B); to amend the education law, in relation to the city of New York assuming greater financial responsibility for the city university of New York senior colleges (Part C); to amend the education law, in relation to the NY-SUNY 2020 challenge grant program act; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY 2020 challenge grant program, in relation to the effective- ness thereof (Part D); to amend the state finance law, in relation to the creation of the SUNY Stony Brook Affiliation escrow fund (Part E); to amend the education law, in relation to 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; the definition of "resident"; 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 relat- ing thereto (Part F); to amend the education law, chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, and chapter 31 of the laws of 1985 amending the education law relating to regents scholarships in certain professions, in relation to forgiving loans upon the death of the recipient (Part G); to amend the education law, the business corporation law, the partnership law and the limited liability company law, in relation to certified public accountants (Part H); to amend chapter 91 of the laws of 2002, amending the education law and other laws relating to 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 and other laws relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness there- of (Part I); to amend the labor law, in relation to the apprenticeship training council (Part J); to amend the labor law, in relation to the minimum wage; and repealing certain provisions of such law relating thereto; and providing for the repeal of certain provisions upon the expiration thereof (Part K); to amend the labor law, in relation to enhancing the urban youth jobs program tax credit by increasing the sum of money allocated to programs four and five (Part L); to amend the family court act, in relation to findings that must be made at permanency hearings, and to amend the social services law, in relation to guardianship expenses, the reasonable and prudent parent standard and the criminal history of prospective foster and adoptive parents (Part M); to amend the criminal procedure law, the penal law, the correction law, the education law, the executive law, the family court act and the social services law, in relation to proceedings against S. 6406 3 A. 9006 juvenile offenders and the age of juvenile offenders and to repeal certain provisions of the criminal procedure law, the family court act and the executive law relating thereto (Part N); 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 O); and to utilize reserves in the mortgage insurance fund for various housing purposes (Part P) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through P. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2015, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for S. 6406 4 A. 9006 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, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen 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 fourteen--two thousand fifteen school year; AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN 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 FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjust- ment computed pursuant to chapter fifty-three of the laws of two thou- sand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 2 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S. 6406 5 A. 9006 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 [fifteen] SIXTEEN--two thousand [sixteen] 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 is amended by adding a fourth undesignated paragraph to read as follows: FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, 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 "2015-16 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND ENTITLED "SA151-6", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2015, 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 through [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school 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 entitled "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 aid computer listing produced by the commissioner in support of the executive budget for the 2013-14 fiscal year and entitled "BT131-4". S. 6406 6 A. 9006 S 5. The opening paragraph of subdivision 10 of section 3602-e of the education law, as amended by section 5 of part A of chapter 56 of the laws of 2015, 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 through two thousand [fifteen] SIXTEEN--two thousand [sixteen] 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 PREKIN- DERGARTEN" 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 maxi- mum 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 6. Paragraph h of subdivision 17 of section 3602 of the education law, as added by section 5-b of part A of chapter 56 of the laws of 2015, is amended and a new paragraph i is added to read as follows: h. [The gap elimination adjustment restoration amount for the two thousand 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] THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND SIXTEEN- -TWO THOUSAND SEVENTEEN SCHOOL YEAR 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 EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND SHALL EQUAL THE S. 6406 7 A. 9006 SUM OF THE SCALED EXTRAORDINARY NEEDS RESTORATION PLUS THE MINIMUM RESTORATION, PROVIDED THAT SUCH GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT SHALL NOT EXCEED THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. (I) THE "SCALED EXTRAORDINARY NEEDS RESTORATION" SHALL EQUAL THE PROD- UCT OF THE GRANT PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE 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, WHERE (A) THE GRANT PER PUPIL SHALL BE SIXTY-SIX DOLLARS ($66.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAOR- DINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548). (II) THE MINIMUM RESTORATION SHALL EQUAL THE PRODUCT OF THIRTY PERCENT (0.3) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. I. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE GAP ELIMINATION ADJUSTMENT SHALL BE ZERO. S 7. Subdivision 4 of section 3602 of the education law, as amended by section 5-a of part A of chapter 56 of the laws of 2015, 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 SUBPARAGRAPH (II) 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 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 SUBPARAGRAPH (II) OF 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 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, FOR A SCHOOL DISTRICT WHERE THE PHASE-IN FOUNDA- TION INCREASE AND THE DUE MINIMUM ARE LESS THAN THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SECTION, SUCH DISTRICT SHALL RECEIVE TOTAL FOUNDATION AID, IN LIEU OF SUCH PHASE-IN FOUNDATION INCREASE OR DUE MINIMUM, EQUAL TO THE SUM OF THE FOUNDATION AID BASE S. 6406 8 A. 9006 COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, PLUS THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARA- GRAPH B-2 OF THIS SECTION, and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and 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 thirty-seven hundredths percent (1.0037), AND FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, ONE PLUS THE LESSER OF TWO PERCENT (0.02) OR THE PRODUCT OF TWENTY-THREE HUNDREDTHS PERCENT (0.023) MULTIPLIED BY A CWR RATIO AND TRUNCATED TO FOUR DECIMALS, WHERE SUCH CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND FIFTY-FIVE HUNDREDTHS (1.55) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH CWR RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO, subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent, and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. a. Foundation formula aid. Foundation formula aid shall equal the remainder when the expected minimum local contribution is subtracted from the product of the foundation amount, the regional cost index, and the pupil need index, or: (foundation amount x regional cost index x pupil need index)- expected minimum local contribution. (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage increase in the consumer price index as computed pursuant to PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty-two] TWENTY-THREE of this chapter, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjustment, 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 S. 6406 9 A. 9006 the two thousand seven--two thousand eight through two thousand [fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivision. (2) The regional cost index shall reflect an analysis of labor market costs based on median salaries in professional occupations that require similar credentials to those of positions in the education field, but not including those occupations in the education field, provided that the regional cost indices for the two thousand seven--two thousand eight school year and thereafter shall be as follows: Labor Force Region Index Capital District 1.124 Southern Tier 1.045 Western New York 1.091 Hudson Valley 1.314 Long Island/NYC 1.425 Finger Lakes 1.141 Central New York 1.103 Mohawk Valley 1.000 North Country 1.000 (3) The pupil need index shall equal the sum of one plus the extraor- dinary needs percent, provided, however, that the pupil need index shall not be less than one nor more than two. The extraordinary needs percent shall be calculated pursuant to paragraph w of subdivision one of this section. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154). The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, provided, however, that for the purposes of computing the expected mini- mum local contribution the income wealth index shall not be less than sixty-five percent (0.65) and shall not be more than two hundred percent (2.0) and provided however that such income wealth index shall not be more than ninety-five percent (0.95) for the two thousand eight--two thousand nine school year, 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 S. 6406 10 A. 9006 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. (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, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected 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), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid S. 6406 11 A. 9006 computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) 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 commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty- one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL THE GREATER OF: (1) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932); OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION, THREE AND ONE-HALF PERCENT (0.035); OR (3) FOR A DISTRICT WITH A SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO, THE LESSER OF (I) THE PRODUCT OF NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932) MULTIPLIED BY THE PHASE-IN CWR SPARSITY RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH PHASE-IN CWR SPARSITY RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND THIRTY-FIVE HUNDREDTHS (1.35) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH PHASE-IN CWR SPARSITY RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) SIX PERCENT (0.06); OR (4) THE LESSER OF (I) THE PRODUCT OF THREE AND ONE-HALF PERCENT (0.035) MULTIPLIED BY THE PHASE-IN CWR RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH PHASE-IN CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND THREE-TENTHS (1.30) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH PHASE-IN CWR RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) THREE PERCENT (0.03); AND FOR the two thousand [sixteen--two thousand seventeen] SEVENTEEN--TWO THOUSAND EIGH- TEEN school year and thereafter the commissioner shall annually deter- mine the phase-in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described there- in. 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. B-2. ALTERNATIVE MINIMUM. THE ALTERNATIVE MINIMUM SHALL BE THE POSI- TIVE DIFFERENCE, IF ANY, OBTAINED BY SUBTRACTING THE ALTERNATIVE INCREASE FROM THE PRODUCT OF THE ALTERNATIVE BASE MULTIPLIED BY TWO PERCENT (0.02). FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE BASE" SHALL MEAN A SCHOOL DISTRICT'S APPORTIONMENT OF FOUNDATION AID FOR THE S. 6406 12 A. 9006 TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2015-16 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE INCREASE" SHALL MEAN THE SUM OF (1) THE GAP ELIMINATION ADJUSTMENT RESTORATION COMPUTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO PARA- GRAPH H OF SUBDIVISION SEVENTEEN OF THIS SECTION AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 GEA RESTORATION" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7", PLUS (2) COMMUNITY SCHOOLS AID COMPUTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7". B-3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, NO SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT OF FOUN- DATION AID IN EXCESS OF THE AMOUNT APPORTIONED TO SUCH SCHOOL DISTRICT IN TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR UNLESS (I) THE DISTRICT WAS DESIGNATED AS HIGH OR AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708," (II) THE DISTRICT WAS DESIG- NATED AS HIGH OR AVERAGE NEED PURSUANT TO THE REGULATIONS OF THE COMMIS- SIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4" OR (III) THE DISTRICT'S ALTERNATIVE INCREASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION IS LESS THAN THE PRODUCT OF THE ALTERNATIVE BASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION MULTIPLIED BY THREE PERCENT (0.03). 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 PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty- two] TWENTY-THREE of this chapter. Notwithstanding any other provision of law to the contrary, the public excess cost aid setaside shall be paid pursuant to section thirty-six hundred nine-b of this part. S. 6406 13 A. 9006 d. For the two thousand fourteen--two thousand fifteen [and two thou- sand fifteen--two thousand sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. S 8. Section 3602 of the education law is amended by adding a new subdivision 19 to read as follows: 19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE AN APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT. A. DEFINITIONS. (1) "TIER ONE ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT WITH AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION 211-F OF THIS CHAPTER PRIOR TO JANUARY FIRST, TWO THOUSAND SIXTEEN. (2) "TIER TWO ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT, EXCEPT A TIER ONE ELIGIBLE SCHOOL DISTRICT, DESIGNATED AS HIGH NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI- VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU- SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OR ANY DISTRICT DESIGNATED AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4". B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT OF EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTIPLIED BY THE DISTRICT'S ENROLLMENT IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IN SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY FAILING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION 211-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECI- FIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT OR (II) TEN THOUSAND DOLLARS ($10,000). C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT OF THE GRANT PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE 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, WHERE (A) THE GRANT PER PUPIL SHALL BE EIGHTY-NINE DOLLARS AND THIRTY-TWO CENTS ($89.32) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN THOUSAND DOLLARS ($10,000). D. SCHOOL DISTRICTS SHALL USE AMOUNTS APPORTIONED PURSUANT TO THIS SUBDIVISION TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A S. 6406 14 A. 9006 COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT. S 9. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year [and thereafter], the commis- S. 6406 15 A. 9006 sioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE COMMIS- SIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN AND TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND ENTITLED "BT161-7", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. S 10. The opening paragraph of section 3609-a of the education law, as amended by section 6 of part A of chapter 56 of the laws of 2015, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the 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 subdi- vision 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 S. 6406 16 A. 9006 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 school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". For aid payable in the two thousand fifteen--two thousand sixteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA151-6".] FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO 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. FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOU- S. 6406 17 A. 9006 SAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LIST- ING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT161-7". S 11. Subparagraphs 5, 6 and 7 of paragraph (e) of subdivision 3 of section 2853 of the education law, as added by section 5 of part BB of chapter 56 of the laws of 2014, are amended to read as follows: (5) For a new charter school whose charter is granted or for an exist- ing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity [before October first, two thousand sixteen], if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the lesser of: (A) the actual TOTAL rental cost of an alternative privately owned site selected by the charter school or (B) twenty percent of the product of the charter school's basic tuition for the current school year and (i) for a new charter school that first commences instruction on or after July first, two thousand fourteen, the charter school's current year enrollment; or (ii) for a charter school which expands its grade level, pursuant to this article, [before October first, two thousand sixteen,] the positive difference of the charter school's enrollment in the current school year minus the charter school's enrollment in the school year prior to the first year of the expansion. (6) [For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity on or after October first, two thousand sixteen, if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the maximum cost allow- ance established by the commissioner for leases aidable under subdivi- sion six of section thirty-six hundred two of this chapter. (7)] An arbitration in an appeal pursuant to this paragraph shall be conducted by a single arbitrator selected in accordance with this subparagraph from a list of arbitrators from the American arbitration association's panel of labor arbitrators, with relevant biographical information, submitted by such association to the commissioner pursuant to paragraph a of subdivision three of section three thousand twenty-a of this chapter. Upon request by the charter school, the commissioner shall forthwith send a copy of such list and biographical information simultaneously to the charter school and city school district. The parties shall, by mutual agreement, select an arbitrator from the list within fifteen days from receipt of the list, and if the parties fail to agree on an arbitrator within such fifteen day period or fail within such fifteen day period to notify the commissioner that an arbitrator has been selected, the commissioner shall appoint an arbitrator from the list to serve as the arbitrator. The arbitration shall be conducted in accordance with the American arbitration association's rules for labor arbitration, except that the arbitrator shall conduct a pre-hearing conference within ten to fifteen days of agreeing to serve and the arbi- tration shall be completed and a decision rendered within the time frames prescribed for hearings pursuant to section three thousand twen- ty-a of this chapter. The arbitrator's fee shall not exceed the rate established by the commissioner for hearings conducted pursuant to section three thousand twenty-a of this chapter, and the cost of such fee, the arbitrator's necessary travel and other reasonable expenses, S. 6406 18 A. 9006 and all other hearing expenses shall be borne equally by the parties to the arbitration. S 11-a. Subdivision 6-g of section 3602 of the education law, as added by section 6 of part BB of chapter 56 of the laws of 2014, is amended to read as follows: 6-g. Charter schools facilities aid. a. The city school district of the city of New York, upon documenting that it has incurred total aggre- gate expenses of forty million dollars or more pursuant to [subpara- graphs] SUBPARAGRAPH five [and six] of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter, shall be eligible for an apportionment pursuant to this subdivision for its annual approved expenditures for the lease of space for charter schools incurred in the base year in accordance with paragraph (e) of subdivi- sion three of section twenty-eight hundred fifty-three of this chapter. b. The apportionment shall equal the product of (1) the sum of: [(A)] for aid payable for expenses incurred pursuant to subparagraph five of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the annual approved expenses incurred by the city school district pursuant to such subparagraph five[; and (B) for aid payable for expenses incurred pursuant to subparagraph six of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the actual annual approved rental expenses incurred pursuant to such subparagraph six] multiplied by (2) six-tenths. c. For purposes of this subdivision, the approved expenses attribut- able to a lease by a charter school of a privately owned site shall be the lesser of the actual TOTAL rent paid under the lease or the maximum cost allowance established by the commissioner for leases aidable under subdivision six of this section. d. Notwithstanding any provision of law to the contrary, amounts apportioned pursuant to this subdivision shall not be included in: (1) the allowable growth amount computed pursuant to paragraph dd of subdi- vision one of this section, (2) the preliminary growth amount computed pursuant to paragraph ff of subdivision one of this section, and (3) the allocable growth amount computed pursuant to paragraph gg of subdivision one of this section, and shall not be considered, and shall not be available for interchange with, general support for public schools. S 12. Subdivision 1 of section 2856 of the education law, as amended by chapter 378 of the laws of 2007, paragraph (a) as amended and para- graph (d) as added by section 3 of part BB of chapter 56 of the laws of 2014, paragraph (c) as added by chapter 375 of the laws of 2007, is amended to read as follows: 1. (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance, membership and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with disabilities to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition, which shall be: (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the two thousand sixteen--two S. 6406 19 A. 9006 thousand seventeen school year, an amount equal to one hundred percent of the amount calculated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; (iv) for the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen [and two thousand sixteen--two thousand seventeen] school years, the charter school basic tuition shall be the sum of the lesser of the charter school basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph or the charter school basic tuition computed for the current year pursuant to the provisions of subparagraph (i) of this paragraph plus the supplemental basic tuition; (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE (A) FOR A SCHOOL DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU- LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER OF THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION. For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (B) for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year S. 6406 20 A. 9006 minus the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph. (b) The school district shall also pay directly to the charter school any federal or state aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides directly or indirectly. Notwithstanding anything in this section to the contrary, amounts payable pursuant to this subdivision from state or local funds may be reduced pursuant to an agreement between the school and the char- ter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district in six substantially equal installments each year beginning on the first business day of July and every two months thereafter. Amounts payable under this subdivision shall be determined by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter until actual enroll- ment data is reported to the school district by the charter school. Such projections shall be reconciled with the actual enrollment as actual enrollment data is so reported and at the end of the school's first year of operation and each subsequent year based on a final report of actual enrollment by the charter school, and any necessary adjustments result- ing from such final report shall be made to payments during the school's following year of operation. (c) Notwithstanding any other provision of this subdivision to the contrary, payment of the federal aid attributable to a student with a disability attending a charter school shall be made in accordance with the requirements of section 8065-a of title twenty of the United States code and sections 76.785-76.799 and 300.209 of title thirty-four of the code of federal regulations. (d) School districts shall be eligible for an annual apportionment equal to (A) the amount of the supplemental basic tuition paid to the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen[, and two thousand sixteen--two thousand seventeen] school years; AND (B) FOR THE EXPENSES INCURRED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER SCHOOL WHO RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR- ACTER SCHOOL IN THE BASE YEAR. S 13. Subdivision 1 of section 2856 of the education law, as amended by section 22 of part A of chapter 58 of the laws of 2011, paragraph (a) as amended and paragraph (c) as added by section 4 of part BB of chapter 56 of the laws of 2014, is amended to read as follows: 1. (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with disabili- ties to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition which shall be: S. 6406 21 A. 9006 (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the two thousand sixteen--two thousand seventeen school year, an amount equal to one hundred percent of the amount calculated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; (iv) for the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen [and two thousand sixteen--two thousand seventeen] school years, the charter school basic tuition shall be the sum of the lesser of the charter school basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph or the charter school basic tuition computed for the current year pursuant to the provisions of subparagraph (i) of this paragraph plus the supplemental basic tuition[.]; (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE (A) FOR A SCHOOL DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU- LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER OF THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION. For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (B) for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school S. 6406 22 A. 9006 basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph. (b) The school district shall also pay directly to the charter school any federal or state aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides directly or indirectly. Notwithstanding anything in this section to the contrary, amounts payable pursuant to this subdivision may be reduced pursuant to an agreement between the school and the charter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district in six substantially equal installments each year begin- ning on the first business day of July and every two months thereafter. Amounts payable under this subdivision shall be determined by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter. Such projections shall be reconciled with the actual enrollment at the end of the school's first year of operation, and any necessary adjustments shall be made to payments during the school's second year of operation. (c) School districts shall be eligible for an annual apportionment equal to (A) the amount of the supplemental basic tuition paid to the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen[, and two thousand sixteen--two thousand seventeen] school years; AND (B) FOR THE EXPENSES INCURRED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER SCHOOL WHO RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR- ACTER SCHOOL IN THE BASE YEAR. S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of subdi- vision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, are amended to read as follows: (i) determine the number of pupils tested who scored below the state- wide reference point as determined by the commissioner on each test administered pursuant to this subparagraph, plus pupils, other than pupils with disabilities and ENGLISH LANGUAGE LEARNER pupils [with limited English proficiency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district employing eight or more teachers in such years but not operating each grade may use the percentage computed pursuant to this paragraph for the district which in such years enrolled the greatest number of pupils in such grade from such district; (ii) divide the sum of such numbers by the number of such pupils who took each of such tests, plus pupils, other than pupils with disabili- ties and ENGLISH LANGUAGE LEARNER pupils [with limited English profi- ciency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district which in any of the applicable school years did not maintain a home school or employed fewer than eight teachers, and which in the base year employed eight or more teachers, may use the scores in a later test as designated by the commissioner for the purposes of this paragraph; S. 6406 23 A. 9006 S 15. Paragraph o of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall mean the number of pupils served in the base year in programs for pupils with limited English proficiency approved by the commissioner pursuant to the provisions of this chapter and in accordance with regulations adopted for such purpose. S 16. Paragraph b of subdivision 2 of section 3602-d of the education law, as added by chapter 792 of the laws of 1990, is amended to read as follows: (b) "Disadvantaged" shall mean individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in work-prep programs. Such term includes individuals who are: members of economically disadvantaged families as set forth in regulations promul- gated by the department pursuant to sections sixty-four hundred fifty- one and sixty-four hundred fifty-two of this chapter or as set forth in the Federal Job Training Partnership Act of nineteen hundred eighty-two (PL 97-300) (29 U.S.C.A. S 1501 et seq.); migrants; [individuals who have limited English proficiency] ENGLISH LANGUAGE LEARNERS; and indi- viduals who are identified as potential dropouts from secondary school. S 17. Paragraph d of subdivision 4 of section 3602-f of the education law, as added by section 83-a of part L of chapter 405 of the laws of 1999, is amended to read as follows: d. [Limited English proficient] ENGLISH LANGUAGE LEARNER pupil count as defined in paragraph o of subdivision one of section thirty-six hundred two of this article. S 18. Section 3604 of the education law is amended by adding a new subdivision 13 to read as follows: 13. FOR PURPOSES OF THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND "LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER". S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of section 3641 of the education law, as added by section 2 of part B of chapter 58 of the laws of 2011, is amended to read as follows: (B) [students with limited English proficiency and] students who are English language learners; S 20. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS S. 6406 24 A. 9006 MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 21. Notwithstanding any provision of law to the contrary, for the 2016-2017 school year and thereafter, any pre-kindergarten program receiving state funds that is identified by the office of children and family services, the department of health and mental hygiene of the city of New York, or the state education department as needing extraordinary quality support shall participate in QUALITYstarsNY as a condition of continued receipt of state funds, unless such participation would be contrary to an existing contract with the department. The state educa- tion department shall include such participation as a condition of continued receipt of state funds in any new contract or contract renewal or application for renewal of funding for any state-funded pre-kinder- garten program for the 2016-2017 school year or thereafter. S 22. Notwithstanding any provision of law, rule, or regulation to the contrary, there shall be an empire state pre-kindergarten grant board as follows: 1. Creation. (a) The empire state pre-kindergarten grant board ("the board") is hereby created to have and exercise the powers, duties and prerogatives provided by the provisions of this section and any other provision of law. The board shall remain in existence during the period from the effective date of this section through the date on which the last of the funds available for grants for programs listed in paragraph (a) of subdivision 2 of this section are disbursed. (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, 2017, and thereafter their successors 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 provision contained in this subdivision S. 6406 25 A. 9006 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 or other board of any school district, program or other entity offering pre-kindergar- ten services, and every New York state regent and every officer or employee of the board of regents or the department of education 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. Powers, functions, duties and administration of the empire state pre-kindergarten grant board. (a) Notwithstanding any provision of section 3602-ee of the education law or any other provision of law to the contrary, the empire state pre-kindergarten grant board shall have the power, and it shall be its duty, to distribute all new grant awards for the following pre-kinder- garten programs via a competitive request for proposals process: (i) the statewide universal full-day pre-kindergarten program pursuant to section 3602-ee of the education law; (ii) the empire state pre-kindergarten grants for three-year-old chil- dren established pursuant to a chapter of the laws of 2016; (iii) the priority pre-kindergarten program established pursuant to chapter 53 of the laws of 2013; and (iv) the pre-kindergarten grants for three and four year old children established pursuant to chapter 53 of the laws of 2015. (b) The office of children and family services shall serve as staff to the empire state pre-kindergarten grant board, with the cooperation of any other state agency, and shall assist in tasks including but not limited to the drafting of any requests for proposals, the scoring of applications pursuant to the criteria in such requests for proposals, the preparation of draft award lists, and the preparation of any other information or materials which would assist the board in carrying out its duties. (c) Notwithstanding any provision of law to the contrary, the board shall have final approval authority over any request for proposals used to distribute any grant funding for pre-kindergarten programs pursuant to paragraph (a) of this subdivision, provided that any request for S. 6406 26 A. 9006 proposals issued after the effective date of this section shall contain a requirement that any awardee identified by the office of children and family services, the department of health and mental hygiene of the city of New York, or the state education department as needing extraordinary quality support shall participate in QUALITYstarsNY as a condition of continued receipt of state funds. (d) Notwithstanding any provision of law to the contrary, the board shall have final approval authority for any grant awards for pre-kinder- garten programs pursuant to paragraph (a) of this subdivision. (e) On behalf of and at the direction of the board, the state educa- tion department shall enter into a contract with any school district, program, or other entity awarded a grant pursuant to this section. (f) Except as explicitly set forth herein, nothing in this section should be construed to alter or amend the program administration and other requirements of the grant programs listed in paragraph (a) of this subdivision. 3. Reporting. The empire state pre-kindergarten grant board shall, annually on or before December first, prepare and submit an annual report to the governor and the chair of the assembly ways and means committee and the chair of the senate finance committee. Such report shall contain at a minimum the following information: (i) a list of all applications filed by any entity for a grant distributed by the pre-kin- dergarten grant board, including the name of the applying entity, the grant program applied for, and the amount of the grant requested; (ii) a list of the applications granted by the board specifying the amount of the grant approved if such amount is different from the amount applied for; (iii) a statement showing the dollar amount of all grants approved by the board and the dollar amount of the remaining available capacity for future grants; and (iv) a statement showing the numbers of new full- day slots, new half-day slots, and slots converted from half-day to full-day as a result of such grants. S 23. Subdivision 16 of 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: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [sixteen] SEVENTEEN; provided that the program shall continue and remain in full effect. S 24. Paragraph b of subdivision 6-c of section 3602 of the education law, as added by chapter 1 of the laws of 2013, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen and before the first day of July [two thousand sixteen] TWO THOUSAND SEVEN- TEEN such additional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivision six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdivision, provided that the limitations on cost allowances prescribed S. 6406 27 A. 9006 by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa- tion law relating to contracts for the transportation of school chil- dren, as amended by chapter 116 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2017] 2020, when upon such date the provisions of this act shall be deemed repealed. S 26. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 8 of part A of chapter 56 of the laws of 2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN. S 27. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2015, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [sixteen] SEVENTEEN of the [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 S. 6406 28 A. 9006 specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a popu- lation of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursu- ant to this subdivision, the commissioner shall be authorized to termi- nate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 28. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 13 of part A of chapter 56 of the laws of 2015, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section 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, reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or 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, AND REIMBURSEMENT FOR THE 2016--2017 SCHOOL YEAR SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS EIGHTY 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 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; WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED EIGHTY-TWO THOUSAND TWO HUNDRED ELEVEN (1,382,211). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school S. 6406 29 A. 9006 district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. S 29. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion u to read as follows: U. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). S 30. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 15 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2016] 2017. S 31. Section 99-u of the state finance law, as added by section 2 of part GG of chapter 59 of the laws of 2013, subdivision 2-a as added by chapter 453 of the laws if 2015, is amended to read as follows: S 99-u. New York state teen health education fund. 1. There is hereby established in the JOINT custody of the STATE COMPTROLLER AND commis- sioner of taxation and finance a special [account] FUND to be known as the "New York state teen health education fund". 2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section six hundred thirty-c of the tax law and all other moneys appropriated there- to from any other fund or source pursuant to law. Nothing contained in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 2-a. On or before the first day of February each year, the commission- er of [health] EDUCATION shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on health, chair of the assembly health commit- tee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: (i) the amount of money dispersed from the fund and the award process used for such disbursements; (ii) recipients of awards from the fund; (iii) the amount awarded to each; (iv) the purposes for which such awards were granted; and (v) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. S. 6406 30 A. 9006 3. [The moneys in said account shall be retained by the fund and shall be released by the commissioner of taxation and finance only upon certificates signed by the commissioner of education or his or her designee and only for the purposes set forth in this section.] MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMP- TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA- TION. 4. The moneys in such fund shall be expended for the purpose of supplementing educational programs in schools for health and awareness of issues facing teens today when it comes to their health. Eligible health programs are those with an established curriculum providing instruction on alcohol, tobacco and other drug abuse prevention, the causes and problems associated with teen obesity, and for awareness of the symptoms of teen endometriosis. S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018. S 33. 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 17 of part A of chapter 56 of the laws of 2015, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2016] 2017 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, [2016] 2017; S 34. 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 19 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017 when upon such date the provisions of this act shall be deemed repealed. S 35. Section 4 of chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational S. 6406 31 A. 9006 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 20 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 36. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 21 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 37. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2016--2017 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 38. 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 2017 and not later than the last day of the third full business week of June 2017, 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, 2017, for salary expenses incurred between April 1 and June 30, 2016 and such apportionment shall not exceed the sum of (i) the 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 S. 6406 32 A. 9006 (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 39. 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, 2017, 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, 2017 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of S. 6406 33 A. 9006 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 40. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 41. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2016--2017 school year, as a non-component school district, services required by article 19 of the education law. S 42. 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 2016--2017 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school S. 6406 34 A. 9006 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 section, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2016--2017 school year, for any city school district in a city having a population of more than one million, the set aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2016--2017 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 section to community-based organ- izations. Any increase required pursuant to this section 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 2016--2017 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seventy-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance S. 6406 35 A. 9006 with this section and shall be in addition to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distributed pursuant to former subdivi- sion 27 of section 3602 of the education law for prior years. In school districts where the teachers are represented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by separate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agree- ment between a school district and a certified or recognized employee organization. S 43. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2016 enacting the aid to localities budget shall be apportioned for the 2016-2017 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2016-2017 by a chapter of the laws of 2016 enacting the education, labor and family assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 44. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 45. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2016, provided, however, that: 1. Sections one, six, seven, eight, nine, ten, twenty-six, twenty-sev- en, twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two of this act shall take effect July 1, 2016. 2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of the education law made by section seven of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. 3. The amendments to subdivision 1 of section 2856 of the education law made by section twelve of this act shall be subject to the expira- S. 6406 36 A. 9006 tion and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirteen of this act shall take effect. 4. The amendments to chapter 756 of the laws of 1992, amending the education law relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twwnty-eight and twenty-nine of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 5. Section thirty-three 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 Section 1. Section 2801-a of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 380 of the laws of 2001, is amended to read as follows: S 2801-a. School safety plans. 1. The board of education or trustees, as defined in section two of this chapter, of every school district within the state, however created, and every board of cooperative educa- tional services and county vocational education and extension board and the chancellor of the city school district of the city of New York shall adopt and amend a comprehensive district-wide school safety plan and building-level [school safety] EMERGENCY RESPONSE plans regarding crisis intervention, emergency response and management, provided that in the city school district of the city of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level school safety team established pursuant to subdivision four of this section and shall be in a form developed by the commissioner in consul- tation with the division of criminal justice services, the superinten- dent of the state police and any other appropriate state agencies. [A school district having only one school building, shall develop a single building-level school safety plan, which shall also fulfill all require- ments for development of a district-wide plan.] 2. Such comprehensive district-wide safety plan shall be developed by the district-wide school safety team and shall include at a minimum: a. policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school; b. policies and procedures for responding to acts of violence by students, teachers, other school personnel as well as visitors to the school, including consideration of zero-tolerance policies for school violence; c. appropriate prevention and intervention strategies such as: (i) collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited; (ii) non-violent conflict resolution training programs; (iii) peer mediation programs and youth courts; and (iv) extended day and other school safety programs; d. policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident; S. 6406 37 A. 9006 e. policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident; f. policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures; g. policies and procedures for the dissemination of informative mate- rials regarding the early detection of potentially violent behaviors, including but not limited to the identification of family, community and environmental factors, to teachers, administrators, school personnel, persons in parental relation to students of the district, students and other persons deemed appropriate to receive such information; h. policies and procedures for annual school safety training for staff and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION- ER THAT ALL STAFF HAVE UNDERGONE ANNUAL TRAINING ON THE EMERGENCY RESPONSE PLAN BY SEPTEMBER FIFTEENTH OF EACH SCHOOL YEAR OR WITHIN TEN DAYS OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON VIOLENCE PREVENTION AND MENTAL HEALTH; i. protocols for responding to bomb threats, hostage-takings, intru- sions and kidnappings; j. strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence; [and] k. a description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity; AND 1. THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG- NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT- ING COMMUNICATION BETWEEN SCHOOL STAFF AND LAW ENFORCEMENT AND FIRST RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE- TY PLAN. THE CHIEF EMERGENCY OFFICER SHALL ALSO BE RESPONSIBLE FOR ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY RESPONSE PLANS. 3. A school emergency response plan, developed by the building-level school safety team defined in subdivision four of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT NOT LIMITED TO THE FLOOR PLANS, BLUE- PRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOLS GROUNDS AND ROAD MAPS OF THE IMMEDIATE SURROUNDING AREA, AND SHALL NOT BE DISCLOSED EXCEPT TO AUTHORIZED DEPARTMENT OR SCHOOL STAFF, AND LAW ENFORCEMENT OFFICERS, AND SHALL include the following elements: a. policies and procedures for [the safe evacuation of students, teachers, other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for address- ing medical needs, transportation and emergency notification to persons in parental relation to a student. For purposes of this subdivision, "serious violent incident" means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff, as defined in regulations of the commissioner developed in conjunction with the division of criminal justice services] RESPONSE TO EMERGENCY SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION, SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM S. 6406 38 A. 9006 EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI- ANS; b. designation of an emergency response team comprised of school personnel, [local] law enforcement officials, FIRE OFFICIALS and repre- sentatives from local regional and/or state emergency response agencies, other appropriate incident response teams, and a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and others who can assist the school community in coping with the aftermath of a violent incident; c. [procedures for assuring that crisis response and law enforcement officials have access to] floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immedi- ate surrounding area; d. establishment of internal and external communication systems in emergencies; e. definition of the chain of command in a manner consistent with the national interagency incident management system/incident command system; f. coordination of the school safety plan with the state-wide plan for disaster mental health services to assure that the school has access to federal, state and local mental health resources in the event of a violent incident; g. procedures for review and the conduct of drills and other exercises to test components of the emergency response plan; and h. policies and procedures for securing and restricting access to the crime scene in order to preserve evidence in cases of violent crimes on school property. 4. Each district-wide school safety team shall be appointed by the board of education, or the chancellor in the case of the city school district of the city of New York, and shall include but not be limited to representatives of the school board, [student,] teacher, administra- tor, and parent organizations, school safety personnel, and other school personnel. Each building-level school safety team shall be appointed by the building principal, in accordance with regulations or guidelines prescribed by the board of education, chancellor or other governing body. Such building-level teams shall include but not be limited to representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, [local] law enforcement officials, [local ambulance] FIRE OFFICIALS or other emergency response agencies, and any other representatives the board of education, chancellor or other governing body deems appropri- ate. 5. [Each safety plan shall be reviewed by the appropriate school safe- ty team on at least an annual basis, and updated as needed] THE DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS AND UPDATED AS NEEDED. 6. Each board of education, chancellor or other governing body shall make each district-wide [and building-level school] safety plan avail- able for public comment at least thirty days prior to its adoption[, provided that only a summary of each building-level emergency response plan shall be made available for public comment]. Such district-wide [and building-level] plans may be adopted by the school board only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. Each district shall file a copy of its district-wide [comprehensive] S. 6406 39 A. 9006 safety plan with the commissioner and all amendments to such plan shall be filed with the commissioner no later than thirty days after their adoption. [A] 7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR OFFICER SHALL ENSURE A copy of each building-level [safety] EMERGENCY RESPONSE plan and any amendments thereto, shall be filed with the appro- priate local law enforcement agency and with the state police within thirty days of its adoption. Building-level emergency response plans shall be confidential and shall not be subject to disclosure under arti- cle six of the public officers law or any other provision of law. If the board of education, chancellor or other governing body or chancellor fails to file such plan as required by this section, the commissioner may, in an amount determined by the commissioner, withhold public money from the district until the district is in compliance. [7. The commissioner may grant a waiver of the requirements of this section to any school district or board of cooperative educational services for a period of up to two years from the date of enactment upon a finding by the commissioner that such district had adopted a compre- hensive school safety plan on the effective date of this section which is in substantial compliance with the requirements of this section.] 8. The commissioner shall annually report to the governor and the legislature on the implementation and compliance with the provisions of this section. 9. Whenever it shall have been demonstrated to the satisfaction of the commissioner that a school district has failed to adopt a code of conduct which fully satisfies the requirements of section twenty-eight hundred one of this article, or a [school safety plan] DISTRICT-WIDE SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies the requirements of this section, or to faithfully and completely imple- ment [either or both] ALL THREE, the commissioner may, on thirty days notice to the district, withhold from the district monies to be paid to such district for the current school year pursuant to section thirty-six hundred nine-a of this chapter, exclusive of monies to be paid in respect of obligations to the retirement systems for school and district staff and pursuant to collective bargaining agreements, or the commis- sioner may direct the district to expend up to such amount upon the development and implementation of a code of conduct and a school district safety plan as required by such sections. Prior to such with- holding or redirection, the commissioner shall provide the district an opportunity to present evidence of extenuating circumstances; when combined with evidence that the district shall promptly comply within short time frames that shall be established by the commissioner as part of an agreement between the district and the commissioner, the commis- sioner may temporarily stay the withholding or redirection of funds pending implementation of such agreement. If the district promptly and fully complies with the agreement and is in full compliance with this section and section twenty-eight hundred one of this article, the commissioner shall abate the withholding in its entirety. Any failure to meet the obligations of the compliance agreement by the district within the time frames established shall be considered a willful violation of a commissioner's order by the members of the district board for purposes of subdivision one of section three hundred six of the education law. Notwithstanding any other law, rule or regulation, such transfer shall take effect upon filing of a notice thereof with the director of the budget and the chairs of the senate finance and assembly ways and means committees. S. 6406 40 A. 9006 S 2. The section heading and subdivisions 1 and 1-a of section 807 of the education law, the section heading as amended by chapter 765 of the laws of 1964, subdivision 1 as amended by chapter 143 of the laws of 1985 and subdivision 1-a as added by chapter 9 of the laws of 1991, are amended to read as follows: Fire AND EMERGENCY drills. 1. It shall be the duty of the principal or other person in charge of every public or private school or educa- tional institution within the state, other than colleges or universi- ties, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to [leave the school building] RESPOND APPROPRIATELY in the shortest possible time and without confusion or panic. Such drills [or rapid dismissals] shall be held at least twelve times in each school year, eight of which required drills shall be held between September first and December [first] THIRTY-FIRST of each such year. [At least one-third of all such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. In the course of at least one such drill, pupils shall be instructed in the procedure to be followed in the event that a fire occurs during lunch period, provided however, that such additional instruction may be waived where a drill is held during the regular school lunch period. At least four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS. FOUR OF ALL SUCH REQUIRED DRILLS SHALL BE LOCK-DOWN DRILLS. DRILLS SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY WITH AT LEAST ONE OF THE EIGHT REQUIRED EVACUATION DRILLS OCCURRING DURING A MASS GATHERING EVENT SUCH AS LUNCH OR ASSEMBLIES. FOUR additional drills shall be held in each school year during the hours after sunset and before sunrise in school buildings in which students are provided with sleeping accommodations. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one of such drills shall be held during the first week of summer school. 1-a. In the case of after-school programs, events or performances which are conducted within a school building and which include persons who do not regularly attend classes in such school building, the princi- pal or other person in charge of the building shall require the teacher or person in charge of such after-school program, event or performance to notify persons in attendance at the beginning of each such program, event or performance, of the procedures to be followed in the event of an emergency so that they may be able to [leave the building] RESPOND in a timely, orderly manner. S 3. Subdivision 7 of section 3604 of the education law, as amended by section 31 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 7. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public schools were actually in session in the district and taught by a quali- fied teacher or by successive qualified teachers or by qualified teach- ers for not less than one hundred eighty days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this chapter in the current year shall be reduced by one one-hundred eight- ieth of the district's total foundation aid for each day less than one hundred eighty days that the schools of the district were actually in session, except that the commissioner may disregard such reduction, up to five days, in the apportionment of public money, if he finds that the S. 6406 41 A. 9006 schools of the district were not in session for one hundred eighty days because of extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemi- cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER- MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school building either in whole or in part, and if, further, the commissioner finds that such district cannot make up such days of instruction by using for the secondary grades all scheduled vacation days which occur prior to the first scheduled regents examination day in June, and for the elementary grades all scheduled vacation days which occur prior to the last sched- uled regents examination day in June. For the purposes of this subdivi- sion, "scheduled vacation days" shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session. S 4. This act shall take effect July 1, 2016. PART C Section 1. Subparagraphs a and b of paragraph 2 of subdivision A of section 6221 of the education law, as added by chapter 305 of the laws of 1979, is amended to read as follows: a. Notwithstanding any other provision of law, the city of New York shall appropriate in its expense budget and pay to the account of the senior colleges of the city university of New York as operating aid amounts in accordance with the following schedule: (i) For the twelve-month period commencing July first, nineteen hundred seventy-nine, an amount equal to the lesser of fifty-eight million, three hundred ninety-three thousand dollars ($58,393,000) or twenty-five per centum of the net operating expenses of such senior college programs and services, as certified by the comptroller of the state of New York to be properly chargeable to such twelve-month period; (ii) For the twelve-month period commencing July first, nineteen hundred eighty, an amount equal to eighty per centum of the amount spec- ified in (i) of subparagraph a of this paragraph. (iii) For the twelve-month period commencing July first, nineteen hundred eighty-one, an amount equal to forty per centum of the amount specified in (i) of subparagraph a of this paragraph. [b.] (IV) For the [twelve-month] period commencing July first, nine- teen hundred eighty-two and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN, the city of New York shall not be required to make any appropriation in support of the net operating expenses of the programs and services of the senior colleges of the city university. (V) FOR THE TWELVE-MONTH PERIOD COMMENCING JULY FIRST, TWO THOUSAND SIXTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER, AN AMOUNT EQUAL TO THIRTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS AND SERVICES OF THE SENIOR COLLEGES, PLUS AN ADDITIONAL AMOUNT EQUAL TO THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND CAPITAL CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE- MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD. S 2. Subparagraph c of paragraph 2 of subdivision A of section 6221 of the education law is relettered subparagraph b. S 3. Subparagraph d of paragraph 2 of subdivision A of section 6221 of the education law is relettered subparagraph c. S. 6406 42 A. 9006 S 4. Subparagraph e of paragraph 2 of subdivision A of section 6221 of the education law, as added by chapter 815 of the laws of 1980 and the opening paragraph and item (iii) as amended by chapter 87 of the laws of 2002, is amended to read as follows: [e.] D. In addition to the amounts specified in subparagraph a of this paragraph [and notwithstanding the provisions of subparagraph b of this paragraph], the city of New York shall appropriate in its expense budget and pay to the account of the senior colleges of the city university of New York as the city's share of operating aid for the college of Staten Island and New York city college of technology amounts in accordance with the following schedule: (i) For the twelve month period commencing July first, nineteen hundred eighty, an amount that shall equal four million, one hundred thousand dollars ($4,100,000). (ii) For the twelve month period commencing July first, nineteen hundred eighty-one, an amount equal to one-half of the amount specified in clause (i) of this subparagraph. (iii) For the [twelve month] period commencing July first, nineteen hundred eighty-two, and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN the city of New York shall not be required to make any appropri- ation for operating aid for the college of Staten Island and New York city college of technology. S 5. Paragraph 4 of subdivision A of section 6221 of the education law, as added by chapter 305 of the law of 1979, is amended to read as follows: 4. [Commencing] NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO THE CONTRARY, (A) COMMENCING with the twelve-month period beginning July first, nineteen hundred eighty-two and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN, the state shall reimburse to the city of New York one hundred per centum of the net operating expenses of the approved programs and services of the senior colleges[.]; AND (B) COMMENCING WITH THE TWELVE-MONTH PERIOD BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN AND FOR EACH TWELVE-MONTH PERIOD THEREAFTER, THE STATE SHALL REIMBURSE TO THE CITY OF NEW YORK SEVENTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS AND SERVICES OF THE SENIOR COLLEGES LESS AN ADDITIONAL AMOUNT EQUAL TO THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND CAPITAL CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD. S 6. Subdivision D of section 6221 of the education law, as added by chapter 815 of the laws of 1980 and as relettered by chapter 585 of the laws of 1988, is amended to read as follows: D. College of Staten Island. Notwithstanding the designation of the college of Staten Island as a senior college: (i) the city of New York shall annually appropriate in its expense budget and pay to the city university of New York, as operating aid in support of the programs and services of the college of Staten Island, an amount for each full-time equivalent student in the associate degree program of the college equal to the amount the city of New York is appropriating and paying for each full-time equivalent student in the community colleges; (ii) and the state of New York shall annually appropriate and pay to the city university of New York an amount equal to [the net operating] S. 6406 43 A. 9006 ITS SHARE OF expenses of the college of Staten Island less the amount payable by the city of New York pursuant to this [subdivision] SECTION. Such state of New York payment shall be made in four installments on or before April twenty-fifth, June twenty-fifth, October twenty-fifth and January twenty-fifth. The amount to be paid by the city of New York pursuant to this subdivision shall be determined by the state director of the budget, based upon information submitted by the mayor in such form and content and at such time as may be [requred] REQUIRED by the state director of the budget. S 7. Subdivision E of section 6221 of the education law, as added by chapter 170 of the laws of 1994, paragraph (i) as amended by section 2 and paragraph (ii) as renumbered by section 3 of part HH of chapter 57 of the laws of 2009, is amended to read as follows: E. Medgar Evers college. Notwithstanding the designation of Medgar Evers college as a senior college: (i) in addition to the amounts specified in subparagraph e of para- graph two of subdivision A of this section, the city of New York shall annually appropriate in its expense budget and pay to the city universi- ty of New York as operating aid in support of the programs and services, an amount for each full-time equivalent student in the associate degree program of the college equal to the amount the city of New York is appropriating and paying for each full-time equivalent student in the community colleges; and (ii) the state of New York shall annually appropriate and pay to the city of New York on behalf of the city university of New York an amount equal to [the net operating] ITS SHARE OF expenses of Medgar Evers college less the amount payable by the city of New York pursuant to this [subdivision] SECTION. Such state of New York payment shall be made in four installments on or before April twenty-fifth, June twenty-fifth, October twenty-fifth and February twenty-fifth. The amount to be paid by the city of New York pursuant to this subdivision shall be determined by the state director of the budget, based upon information submitted by the mayor in such form and content and at such time as may be required by the state director of the budget. S 8. This act shall take effect immediately. PART D Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 260 of the laws of 2011, the opening paragraph as amended by chapter 437 of the laws of 2015 and clause (ii) as amended by section 1 of part P of chapter 57 of the laws of 2012, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state S. 6406 44 A. 9006 university of New York. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of a separate cate- gory of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER: (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH SAVINGS SHALL NOT INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI- FIED BASED UPON INFLATIONARY INDICES. (2) THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. [(ii)] (III) On or before November thirtieth, two thousand [eleven] SIXTEEN, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand S. 6406 45 A. 9006 [eleven] SIXTEEN--two thousand [twelve] SEVENTEEN academic year and ending in the two thousand [fifteen-two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [fifteen] TWENTY, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a [five] TEN year period commencing with the semester following the semester in which the governor and the chancellor of the state university of New York approve the NY-SUNY 2020 proposal for such university center. [(iii)] (IV) The state shall appropriate annually and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available to the state university in state fiscal year two thousand eleven--two thousand twelve. Beginning in state fiscal year two thousand twelve-two thousand thirteen and thereafter, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city university may be reduced in a manner propor- tionate to one another, and the aforementioned provisions shall not apply. [(iv)] (V) For the state university fiscal years commencing two thou- sand eleven--two thousand twelve and ending two thousand [fifteen--two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thou- sand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this chapter. S 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011 and the opening para- graph as amended by chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a S. 6406 46 A. 9006 differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER: (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH SAVINGS SHALL NOT INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI- FIED BASED UPON INFLATIONARY INDICES. (2) THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. [(ii)] (III) On or before November thirtieth, two thousand [eleven] SIXTEEN, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand S. 6406 47 A. 9006 [eleven] SIXTEEN--two thousand [twelve] SEVENTEEN academic year and ending in the two thousand [fifteen--two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [fifteen] TWENTY. [(iii)] (IV) The state shall appropriate annually and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available to the city university in state fiscal year two thousand eleven--two thousand twelve. Beginning in state fiscal year two thousand twelve--two thousand thirteen and [thereafter] ENDING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appro- priate and make available state support for operating expenses, includ- ing fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergen- cy, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses of the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. (V) BEGINNING IN ACADEMIC FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN AND THEREAFTER, THE STATE AND CITY OF NEW YORK SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE ITS REPRESENTATIVE SHARE OF SUPPORT FOR EXPENSES PURSUANT TO SECTION SIX THOUSAND TWO HUNDRED TWEN- TY-ONE OF THIS TITLE, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE FOR EXPENSES IN THE PRIOR ACADEMIC FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMER- GENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEM- BLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. S 3. Subdivision 5 of section 359 of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: 5. The state university trustees shall conduct a study regarding the effectiveness and functionality of the New York state tuition assistance program, which shall consider a variety of factors including, but not limited to, the costs associated with pursuing a degree in undergraduate study, current tuition assistance program thresholds and award levels, current eligibility criteria to qualify for an award under the tuition assistance program, and any other information the trustees determine to be relevant. The study shall also include recommendations to improve the tuition assistance program to better meet the future financial aid needs of students who reside in New York state and to ensure continued access and affordability of the state university of New York. The study shall be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the director of the division of the budget, the senate finance committee, the assembly ways and means committee and the higher education committees of the legislature on or before October first, two thousand thirteen. In addition, the state university shall annually examine and report on each state-operated campus' efforts to promote fiscal stability for the duration of the [five] TEN year tuition plan by implementing cost saving measures [and increasing fundraising efforts]. Further, the trustees shall [periodically review their patent policies to ensure competitiveness, and shall] annually report on how S. 6406 48 A. 9006 the revenue generated [by this paragraph has helped retain and grow full-time faculty and increase program availability. The University Centers shall also report annually to the state university trustees on how research revenue yields quantifiable results for each of the four campuses and state university of New York at Buffalo and state universi- ty of New York at Stony Brook shall additionally report on what each campus is doing to maintain their AAU status] HAS BEEN INVESTED IN FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE. S 4. Subdivision 17 of section 6206 of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: 17. The city university trustees shall conduct a study regarding the effectiveness and functionality of the New York state tuition assistance program, which shall consider a variety of factors including, but not limited to, the costs associated with pursuing a degree in undergraduate study, current tuition assistance program thresholds and award levels, current eligibility criteria to qualify for an award under the tuition assistance program and any other information the trustees determine to be relevant. The study shall also include recommendations to improve the tuition assistance program to better meet the future financial aid needs of students who reside in New York state and to ensure continued access and affordability of the city university of New York. The study shall be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the director of the division of budget, the senate finance committee, the assembly ways and means committee and the higher education committees of the legislature on or before October first, two thousand thirteen. In addition, the city university shall annually examine and report on each [state-operated campus'] SENIOR COLLEGE'S efforts to promote fiscal stability for the duration of the [five] TEN year tuition plan by implementing cost saving measures [and increasing fundraising efforts]. FURTHER, THE TRUSTEES SHALL ANNUALLY REPORT ON HOW THE REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE. S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act relat- ing to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 65-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall expire [5] 10 years after such effective date when upon such date the provisions of this act shall be deemed repealed. S 6. This act shall take effect immediately; provided that the amend- ments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act, the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act, the amendments to subdivision 5 of section 359 of the education law made by section three of this act, and the amendments to subdivision 17 of section 6206 of the education law made by section four of this act shall not affect the repeal of such provisions and shall be deemed repealed therewith; provided further, that if chapter 437 of the laws of 2015 shall not have taken effect by such effective date, then sections one and two of this act shall take effect on the same day and in the same manner as sections 1 and 3 of chapter 437 of the laws of 2015, take effect. S. 6406 49 A. 9006 PART E Section 1. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA- RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION. 2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP- TON HOSPITAL, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, AND (II) RENT PAYMENTS MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER- AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER. 3. MONIES OF THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON. S 2. This act shall take effect immediately. PART F Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. Subdivision 3 of section 661 of the education law is REPEALED. S 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER 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, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND S. 6406 50 A. 9006 ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION 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 SIX THOUSAND 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 4. 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 OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate 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, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- S. 6406 51 A. 9006 TION OF HIGHER EDUCATION 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 SIX THOUSAND 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 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 6. 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 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or S. 6406 52 A. 9006 S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 4 of chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or S. 6406 53 A. 9006 (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. S 9. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at an institution or educational unit of the state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an S. 6406 54 A. 9006 institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE 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. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this chapter, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. S 10. 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 11. 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 12. 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 S. 6406 55 A. 9006 economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION 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 SIX THOUSAND 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 13. 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- S. 6406 56 A. 9006 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 THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION 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 COLLEGE 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 SIX THOUSAND 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. 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 SIXTEEN 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 15. 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 SIXTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A S. 6406 57 A. 9006 TAXPAYER IDENTIFICATION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; and S 16. The president of the higher education services corporation 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 educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article six of the public officers law or otherwise required by law. S 17. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. S 18. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided, however, that: a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; when upon such date the provisions of section eight-a of this act shall take effect; and b. the president of the higher education services corporation shall notify the legislative bill drafting commission upon the occurrence of the issuance of regulations and the development of an application form provided for in this section 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 G Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, as amended by section 1 of part M of chapter 58 of the laws of 2011, is amended to read as follows: (a) section two of this act shall expire and be deemed repealed June 30, [2016] 2021; and provided, further that the amendment to paragraph b of subdivision 1 of section 679-c and the amendment to paragraph 2 of subdivision a of section 679-d of the education law made by sections three and four of this act shall not affect the repeal of such sections and shall be deemed repealed therewith; S 2. Section 3 of part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, as amended by section 1 of part L of chapter 58 of the laws of 2011, is amended to read as follows: S 3. This act shall take effect on the same date and in the same manner as Part H of this chapter; provided that section two of this act S. 6406 58 A. 9006 shall take effect on the same date and in the same manner as Part I of this chapter; and provided further that this act shall expire and be deemed repealed on June 30, [2016] 2021. S 3. Section 17 of chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions, as amended by section 1 of part K of chapter 58 of the laws of 2011, is amended to read as follows: S 17. This act shall take effect immediately; provided, however, that the scholarship and loan forgiveness programs established pursuant to the provisions of this act shall terminate upon the granting of such awards for the 2008-2009 school year provided, however, that the regents physician loan forgiveness program established pursuant to this act shall not terminate until the granting of such awards for the [2015-16] 2020-21 school year, provided that the final disbursement of any multi- year awards granted in such school year shall be paid. S 4. Paragraph a of subdivision 5 of section 679-c of the education law, as amended by section 1 of part E3 of chapter 57 of the laws of 2007, is amended to read as follows: a. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (1) three years after the completion of the degree program it is found that an applicant did not begin to provide nursing faculty or clinical nurse faculty services; (2) if such applicant does not provide nursing faculty or clinical nurs- ing faculty services for four years within seven years of the completion of the master's degree program in nursing or doctoral degree; or (3) the student fails to receive a master's degree in nursing or doctoral degree that will qualify them as nursing faculty or adjunct clinical faculty within the three years of receiving the award. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU- LATIONS 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 5. Subdivision 5 of section 669-d of the education law, as amended by section 1 of part H1 of section 109 of the laws of 2006, is amended to read as follows: 5. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (a) two years after the completion of the degree program and receipt of initial certification it is found that a recipient is not teaching in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York; or (b) a recipient has not taught in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York for five of the seven years after the completion of the degree program and receipt of initial certification; or (c) a recipient fails to complete their degree program or changes majors to an undergraduate degree program other than in science or math; or (d) a recipient fails to receive or maintain their teaching certif- icate or license in New York state; or (e) a recipient fails to respond S. 6406 59 A. 9006 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 UNDERGRADUATE OR 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 6. This act shall take effect immediately; provided that the amend- ments to paragraph a of subdivision 5 of section 679-c of the education law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART H Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO THIS SECTION. S 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF- S. 6406 60 A. 9006 ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. S 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. S 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. S 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: S 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment S. 6406 61 A. 9006 with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. S 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and new paragraph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, S. 6406 62 A. 9006 shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. S 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. S 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. S. 6406 63 A. 9006 S 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10. The fourteenth undesignated paragraph of section 2 of the part- nership law, as added by chapter 576 of the laws of 1994, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership S. 6406 64 A. 9006 that provides professional engineering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10-a. The fourteenth undesignated paragraph of section 2 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, archi- tectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the S. 6406 65 A. 9006 education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clin- S. 6406 66 A. 9006 ical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to arti- cle 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a regis- tered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. S. 6406 67 A. 9006 EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LI- CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT- ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FORE- GOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS S. 6406 68 A. 9006 OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI- PAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN- TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCA- TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liability partnership which provides mental health counseling services in this state must be licensed pursu- ant to article 163 of the education law to practice mental health coun- seling in this state. Each partner of a foreign limited liability part- nership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liabil- ity partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS S. 6406 69 A. 9006 MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each part- ner of a foreign limited liability partnership which provides profes- sional engineering, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN S. 6406 70 A. 9006 LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA- TION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 13. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN S. 6406 71 A. 9006 THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI- CLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the educa- tion law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed S. 6406 72 A. 9006 pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT- ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14-a. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or S. 6406 73 A. 9006 article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM S. 6406 74 A. 9006 THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15. Subdivisions (a) and (f) of section 1301 of the limited liabil- ity company law, subdivision (a) as amended by chapter 554 of the laws of 2013 and subdivision (f) as amended by chapter 170 of the laws of 1996, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education S. 6406 75 A. 9006 law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE S. 6406 76 A. 9006 FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, architectural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN- TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT S. 6406 77 A. 9006 IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15-a. Subdivisions (a) and (f) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. S. 6406 78 A. 9006 WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- S. 6406 79 A. 9006 FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, architec- tural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- SIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO S. 6406 80 A. 9006 ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 16. This act shall take effect immediately; provided, however, that sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act shall take effect on the same date as sections 25, 26, 27, 22, and 23, respectively, of chapter 475 of the laws of 2014 take effect. PART I Section 1. Section 34 of chapter 91 of the laws of 2002, amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of subpart D of part B of chapter 20 of the laws of 2015, 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, [2016] 2019 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2016] 2019 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 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 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of subpart D of part B of chapter 20 of the laws of 2015, 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 S. 6406 81 A. 9006 section 17 of chapter 123 of the laws of 2003, as amended, shall expire and be deemed repealed June 30, [2016] 2019. S 3. This act shall take effect immediately. PART J Section 1. Subdivision 1 of section 813 of the labor law, as amended by chapter 55 of the laws of 1992, is amended to read as follows: 1. The governor shall appoint a state apprenticeship and training council, composed of NOT MORE THAN three representatives from employer organizations [and three from], AN EQUAL NUMBER OF REPRESENTATIVES FROM employee organizations and [one representative] AN EQUAL NUMBER of the general public[, who shall be the chairman]. THE REPRESENTATIVES OF THE GENERAL PUBLIC SHALL INCLUDE REPRESENTATIVES OF PUBLIC COLLEGES, COMMU- NITY COLLEGES OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT HAVE EXPERIENCE PROVIDING RELATED INSTRUCTION FOR APPRENTICESHIP PROGRAMS. THE GOVERNOR SHALL DESIGNATE ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The council by majority vote may designate one of its members, other than the [chairman] CHAIR, as [vice-chairman] VICE-CHAIR to act in the absence or inability of the [chairman] CHAIR. Each member shall be appointed for a term of three years. Each member shall hold office until his or her successor is appointed and has qualified, and any vacancy shall be filled by appointment for the unexpired portion of the term. The present members of the council shall continue to hold office until the expiration of their present terms or their earlier terminations by resignation or inability to act. The commissioner of education, the commissioner of labor and the commissioner of economic development shall [ex officio be] BE EX OFFICIO members of such council without vote. The members of the council shall not receive a salary or other compensation, but shall be reimbursed for transportation and other expenses actually and necessarily incurred in the performance of their duties under this article. S 2. This act shall take effect immediately. PART K Section 1. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is 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, $9.75 ON AND AFTER JULY 1, 2016, $10.75 ON AND AFTER DECEMBER 31, 2016, $11.75 ON AND AFTER DECEMBER 31, 2017, $12.75 ON AND AFTER DECEMBER 31, 2018, $13.75 ON AND AFTER DECEMBER 31, 2019, $14.50 ON AND AFTER DECEMBER 31, 2020, $15.00 ON AND AFTER JULY 1, 2021, S. 6406 82 A. 9006 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. S 2. Subdivision 6 of section 652 of the labor law is REPEALED and a new subdivision 6 is added to read as follows: 6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE MINIMUM WAGE FOR AN EMPLOYEE WHO WORKS IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION SHALL BE PHASED-IN ON THE FOLLOWING ACCELERATED SCHEDULE: $10.50 PER HOUR ON AND AFTER JULY 1, 2016, $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2016, $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2017, $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED UNDER, OR PROVIDED FOR BY, SUBDIVISION ONE OF THIS SECTION. THE RATES AND SCHEDULE ESTAB- LISHED ABOVE SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER SUBDIVI- SION ONE OF THIS SECTION FOR PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION AND IN SUBDIVISIONS ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER. S 3. This act shall take effect immediately provided, however, that the provisions of section two of this act shall expire July 1, 2021 when upon such date the provisions of such section shall be deemed repealed. PART L Section 1. Subdivision (a) of section 25-a of the labor law, as amended by section 1 of part AA of chapter 56 of the laws of 2015, is amended to read as follows: (a) The commissioner is authorized to establish and administer the program established under this section to provide tax incentives to employers for employing at risk youth in part-time and full-time posi- tions. There will be five distinct pools of tax incentives. Program one will cover tax incentives allocated for two thousand twelve and two thousand thirteen. Program two will cover tax incentives allocated in two thousand fourteen. Program three will cover tax incentives allocated in two thousand fifteen. Program four will cover tax incentives allo- cated in two thousand sixteen. Program five will cover tax incentives allocated in two thousand seventeen. The commissioner is authorized to allocate up to twenty-five million dollars of tax credits under program one, ten million dollars of tax credits under program two, [and] twenty million dollars of tax credits under [each of programs] PROGRAM three, AND FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,] and five. S 2. Subdivision (b) of section 25-a of the labor law is amended by adding a new paragraph 3 to read as follows: (3) FOR PROGRAMS FOUR AND FIVE, THE TAX CREDIT UNDER EACH PROGRAM SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF TAX CREDIT FOR QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR A QUALIFIED EMPLOYEE EXCEPT FOR THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO MEET THE RESIDENCY REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION IF THEY RESIDE IN NEW YORK STATE. S 3. This act shall take effect immediately. PART M S. 6406 83 A. 9006 Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi- sion (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: (G) where a child has or will before the next permanency hearing reach the age of fourteen, (I) the services and assistance necessary to assist the child in learning independent living skills TO ASSIST THE CHILD TO MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD; AND (II) A. THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR THE CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and S 2. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as amended by section 17 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (b) in the case of a respondent who has attained the age of fourteen, (I) the services needed, if any, to assist the respondent to make the transition from foster care to [independent living] SUCCESSFUL ADULT- HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL- TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP TO TWO MEMBERS OF THE RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT, AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG- NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 3. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 22 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (ii) in the case of a child who has attained the age of fourteen, (A) the services needed, if any, to assist the child to make the transition from foster care to [independent living] SUCCESSFUL ADULTHOOD; AND (B)(1) THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD, AND ANY REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE S. 6406 84 A. 9006 THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 4. Subdivisions 1 and 2 of section 458-c 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. A social services official shall make payments for non-recurring guardianship expenses incurred by or on behalf of the relatives OR SUCCESSOR GUARDIANS who have been approved by the social services offi- cial to receive kinship guardianship assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS. The agreement for the payment of non-recurring guardianship expenses must be reflected in the written agreement set forth in subdivision four of section four hundred fifty-eight-b of this title. In accordance with subdivision two of this section, the payments shall be made by the social services official either to the relative OR SUCCESSOR guardian or guardians directly or to an attorney on behalf of the relative OR SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship. 2. The amount of the payment made pursuant to this section shall not exceed two thousand dollars for each foster child for whom the relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS, seek guardianship or permanent guardianship and shall be available only for those expenses that are determined to be eligible for reimbursement by the social services official in accordance with the regulations of the office of children and family services. S 5. The social services law is amended by adding a new section 383-a to read as follows: S 383-A. QUALIFIED IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CAREGIVER" SHALL MEAN A FOSTER PARENT, THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY A VOLUNTARY AUTHORIZED AGENCY THAT IS DESIG- NATED TO APPLY THE REASONABLE AND PRUDENT PARENT STANDARD, OR A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY THAT IS RESPONSIBLE FOR THE CARE OF A FOSTER CHILD AT THE RELEVANT TIME. (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN FOSTER CARE AT THE RELEVANT TIME. (C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE, GROUP HOME, AGENCY OPERATED BOARDING HOME, OR SUPERVISED INDEPENDENT LIVING PROGRAM. (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER- IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT MAINTAIN THE HEALTH, SAFETY, AND BEST INTERESTS OF A CHILD WHILE AT THE SAME TIME ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD THAT A CAREGIVER SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL OR SOCIAL ACTIVITIES. 2. A CAREGIVER SHALL NOT BE LIABLE FOR INJURIES TO THE CHILD THAT OCCUR AS A RESULT OF ACTING IN ACCORDANCE WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE S. 6406 85 A. 9006 OF THIS SECTION, UNLESS SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH CAREGIVER. 3. IN DETERMINING WHETHER THE REASONABLE AND PRUDENT PARENT STANDARD WAS APPLIED BY A CAREGIVER IN RELATION TO A PARTICULAR CHILD, ANY GUID- ANCE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, MAY BE CONSIDERED. S 6. The opening paragraph of paragraph (e) of subdivision 2 of section 378-a of the social services law, as amended by section 10 of part L of chapter 56 of the laws of 2015, is amended to read as follows: [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER reviewing any criminal history record information provided by the divi- sion of criminal justice services, the office of children and family services shall promptly notify the authorized agency or other state agency that: S 7. Subdivision 2 of section 378-a of the social services law is amended by adding a new paragraph (m) to read as follows: (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS (A) OR (C) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE. (2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL: (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK OF THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY CHARGES AND CONVICTIONS; AND (B) BASED ON THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF- ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY- ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY BASED ON THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER- MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT, AS SET FORTH IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (3) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDED IN THE HOME OF THE APPLICANT WHOSE CRIMINAL HISTORY WAS THE BASIS FOR THE DENIAL. (4) THIS PARAGRAPH DOES NOT APPLY TO NATIONWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR S. 6406 86 A. 9006 TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 8. 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 judgement 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 9. This act shall take effect immediately, provided however that sections six and seven of this act shall take effect on the ninetieth day after it shall have become a law. PART N Section 1. The criminal procedure law is amended by adding a new arti- cle 722 to read as follows: ARTICLE 722 PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH PART AND RELATED PROCEDURES SECTION 722.00 PROBATION CASE PLANNING AND SERVICES. 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT. S 722.00 PROBATION CASE PLANNING AND SERVICES. 1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS- MENT WITH RESPECT TO ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESSMENT. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS INDIVIDUAL NEEDS. 2. ANY JUVENILE UNDERGOING SERVICES SHALL EXECUTE APPROPRIATE AND NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION DEPARTMENT MAY COMMUNICATE WITH ANY SERVICE PROVIDER AND RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIVERED INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI- ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY. 3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM ENTERING INTO A VOLUNTARY WRITTEN/FORMAL CASE PLAN AS TO TERMS AND CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING ALCOHOL, SUBSTANCE ABUSE, OR MENTAL HEALTH TESTING, PARTICIPATING IN SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL ATTENDANCE, WHERE APPLICABLE. FOLLOWING THE JUVENILE'S SUCCESSFUL COMPLETION OF THE CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER. 4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE S. 6406 87 A. 9006 ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT- ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS. S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE- RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES PRESID- ING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES- CENTS. THE YOUTH PART SHALL HAVE EXCLUSIVE JURISDICTION OF ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN SECTION 180.75 OF THIS CHAPTER. S 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT. 1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART, THE PROVISIONS OF THIS SECTION SHALL APPLY. IF THE YOUTH PART IS NOT IN SESSION, THE DEFENDANT SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT TO ACT AS A YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER SUCH JUVENILE SHALL BE DETAINED. IF THE DEFENDANT IS ORDERED TO BE DETAINED, HE OR SHE SHALL BE BROUGHT BEFORE THE NEXT SESSION OF THE YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART. 2. IF THE DEFENDANT WAIVES A HEARING UPON THE FELONY COMPLAINT, THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND JURY WITH RESPECT TO THE CHARGE OR CHARGES CONTAINED IN THE FELONY COMPLAINT. 3. IF THERE BE A HEARING, THEN AT THE CONCLUSION OF THE HEARING, THE COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS: (A) IF THERE IS A REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMINALLY RESPONSIBLE, THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR (B) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF 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 DEFEND- ANT 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 TITLE; OR (C) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL. 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, A YOUTH PART SHALL, WITH THE CONSENT OF THE DISTRICT ATTORNEY, (A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AT AGE SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT S. 6406 88 A. 9006 CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDER- ATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE IN COMMIS- SION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMIT- ED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT. (B) AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, UPON CONSIDERATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI- VISION, IT IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE, HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI- VISION 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; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF THE PENAL LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI- NAL 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 PARA- GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THIS CHAPTER, A DETERMINATION THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING OF 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 RELA- TIVELY MINOR ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME. (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID- UALLY AND COLLECTIVELY, THE FOLLOWING: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE; (III) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT TRIAL; (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT; (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE AUTHORIZED FOR THE OFFENSE; (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE SAFETY OR WELFARE OF THE COMMUNITY; (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM; (VIII) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND (IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE. (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER TO REMOVE THE CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM OR HER IN ANY S. 6406 89 A. 9006 FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY. (E) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE POWERS OF THE GRAND JURY. S 2. The opening paragraph and subdivisions 2 and 3 of section 725.05 of the criminal procedure law, as added by chapter 481 of the laws of 1978, are amended to read as follows: When a [court] YOUTH PART directs that an action or charge is to be removed to the family court the [court] YOUTH PART must issue an order of removal in accordance with this section. Such order must be as follows: 2. Where the direction is authorized pursuant to paragraph (b) of subdivision [three] TWO of section [180.75] 725.20 of this [chapter] TITLE, it must specify the act or acts it found reasonable cause to believe the defendant did. 3. Where the direction is authorized pursuant to subdivision [four] THREE of section [180.75] 725.20 of this [chapter] TITLE, it must speci- fy the act or acts it found reasonable cause to allege. S 3. Section 725.20 of the criminal procedure law, as added by chapter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by subdivision [four] THREE of THIS section [180.75], [or section 210.43,] or subparagraph (iii) of paragraph [(h)] (G) of subdi- vision five of section 220.10 of this chapter, or section 330.25 of this chapter. 2. When such an action is removed the court that directed the removal must cause the following additional records to be filed with the clerk of the county court or in the city of New York with the clerk of the supreme court of the county wherein the action was pending and with the division of criminal justice services: (a) A certified copy of the order of removal; (b) [Where the direction is one authorized by subdivision four of section 180.75 of this chapter, a copy of the statement of the district attorney made pursuant to paragraph (b) of subdivision six of section 180.75 of this chapter; (c) Where the direction is authorized by section 180.75, a copy of the portion of the minutes containing the statement by the court pursu- ant to paragraph (a) of subdivision six of such section 180.75; (d)] Where the direction is one authorized by subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 or section 330.25 of this chapter, a copy of the minutes of the plea of guilty, including the minutes of the memorandum submitted by the district attor- ney and the court; [(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) of subdivision five of section 210.43; (f) Where the direction is one authorized by paragraph (b) of subdi- vision one of section 210.43 of this chapter, a copy of that portion of the minutes containing the statement of the district attorney made pursuant to paragraph (b) of subdivision five of section 210.43;] and [(g)] (C) In addition to the records specified in this subdivision, such further statement or submission of additional information pertain- S. 6406 90 A. 9006 ing to the proceeding in criminal court in accordance with standards established by the commissioner of the division of criminal justice services, subject to the provisions of subdivision three of this section. 3. It shall be the duty of said clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section. Upon receipt of such orders and minutes the clerk must promptly delete such portions as would identify the defendant, but the clerk shall neverthe- less maintain a separate confidential system to enable correlation of the documents so filed with identification of the defendant. After making such deletions the orders and minutes shall be placed within the file and must be available for public inspection. Information permit- ting correlation of any such record with the identity of any defendant shall not be divulged to any person except upon order of a justice of the supreme court based upon a finding that the public interest or the interests of justice warrant disclosure in a particular cause for a particular case or for a particular purpose or use. S 4. The article heading of article 100 of the criminal procedure law is amended to read as follows: COMMENCEMENT OF ACTION IN LOCAL CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL CRIMINAL COURT] ACCUSATORY INSTRUMENTS S 5. The first undesignated paragraph of section 100.05 of the crimi- nal procedure law is amended to read as follows: A criminal action is commenced by the filing of an accusatory instru- ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE YOUTH PART OF THE SUPERIOR COURT, and if more than one such instrument is filed in the course of the same criminal action, such action commences when the first of such instruments is filed. The only way in which a criminal action can be commenced in a superior court, OTHER THAN A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the filing there- with by a grand jury of an indictment against a defendant who has never been held by a local criminal court for the action of such grand jury with respect to any charge contained in such indictment. Otherwise, a criminal action can be commenced only in a local criminal court, by the filing therewith of a local criminal court accusatory instrument, name- ly: S 6. The section heading and subdivision 5 of section 100.10 of the criminal procedure law are amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; definitions thereof. 5. A "felony complaint" is a verified written accusation by a person, filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT, charging one or more other persons with the commission of one or more felonies. It serves as a basis for the commencement of a criminal action, but not as a basis for prosecution thereof. S 7. The section heading of section 100.40 of the criminal procedure law is amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; sufficiency on face. S 8. The criminal procedure law is amended by adding a new section 100.60 to read as follows: S 100.60 YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN WHAT COURTS FILED. ANY YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY S. 6406 91 A. 9006 WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION. S 9. The article heading of article 110 of the criminal procedure law is amended to read as follows: REQUIRING DEFENDANT'S APPEARANCE IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT FOR ARRAIGNMENT S 10. Section 110.10 of the criminal procedure law is amended to read as follows: S 110.10 Methods of requiring defendant's appearance in local criminal court OR YOUTH PART OF THE SUPERIOR COURT for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain circumstances be compelled or required to appear for arraignment upon such accusatory instrument by: (a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or (b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or (c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state. 2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court OR YOUTH PART OF A SUPERIOR COURT for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by: (a) An arrest made without a warrant, as provided in article one hundred forty; or (b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty. S 11. Section 110.20 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu- satory instruments; notice thereof to district attorney. When a criminal action in which a crime is charged is commenced in a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT other than the criminal court of the city of New York, a copy of the accusatory instru- ment shall be promptly transmitted to the appropriate district attorney upon or prior to the arraignment of the defendant on the accusatory instrument. If a police officer or a peace officer is the complainant or the filer of a simplified information, or has arrested the defendant or brought him before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT on behalf of an arresting person pursuant to subdivision one of section 140.20, such officer or his agency shall transmit the copy of the accusatory instrument to the appropriate district attorney. In all other cases, the clerk of the court in which the defendant is arraigned shall so transmit it. S 12. The opening paragraph of subdivision 1 of section 120.20 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: S. 6406 92 A. 9006 When a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato- ry instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court with respect thereto: S 13. Section 120.30 of the criminal procedure law is amended to read as follows: S 120.30 Warrant of arrest; by what courts issuable and in what courts returnable. 1. A warrant of arrest may be issued only by the local criminal court OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory instrument has been filed, and it may be made returnable in such issuing court only. 2. The particular local criminal court or courts OR YOUTH PART OF THE SUPERIOR COURT with which any particular local criminal court OR YOUTH PART OF THE SUPERIOR COURT accusatory instrument may be filed for the purpose of obtaining a warrant of arrest are determined, generally, by the provisions of section 100.55 OR 100.60. If, however, a particular accusatory instrument may pursuant to said section 100.55 be filed with a particular town court and such town court is not available at the time such instrument is sought to be filed and a warrant obtained, such accu- satory instrument may be filed with the town court of any adjoining town of the same county. If such instrument may be filed pursuant to said section 100.55 with a particular village court and such village court is not available at the time, it may be filed with the town court of the town embracing such village, or if such town court is not available either, with the town court of any adjoining town of the same county. S 14. Section 120.55 of the criminal procedure law, as amended by section 71 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S 120.55 Warrant of arrest; defendant under parole or probation super- vision. If the defendant named within a warrant of arrest issued by a local criminal court OR YOUTH PART OF THE SUPERIOR COURT pursuant to the provisions of this article, or by a superior court issued pursuant to subdivision three of section 210.10 of this chapter, is under the super- vision of the state department of corrections and community supervision or a local or state probation department, then a warrant for his or her arrest may be executed by a parole officer or probation officer, when authorized by his or her probation director, within his or her geograph- ical area of employment. The execution of the warrant by a parole offi- cer or probation officer shall be upon the same conditions and conducted in the same manner as provided for execution of a warrant by a police officer. S 15. Subdivision 1 of section 120.70 of the criminal procedure law is amended to read as follows: 1. A warrant of arrest issued by a district court, by the New York City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior court judge sitting as a local criminal court may be executed anywhere in the state. S 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure law, as amended by chapter 424 of the laws of 1998, are amended and a new subdivision 5-a is added to read as follows: 1. Upon arresting a defendant for any offense pursuant to a warrant of arrest in the county in which the warrant is returnable or in any adjoining county, or upon so arresting him for a felony in any other S. 6406 93 A. 9006 county, a police officer, if he be one to whom the warrant is addressed, must without unnecessary delay bring the defendant before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant is returnable. 5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION, TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. 6. Before bringing a defendant arrested pursuant to a warrant before the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such warrant is returnable, a police officer must without unnecessary delay perform all fingerprinting and other preliminary police duties required in the particular case. In any case in which the defendant is not brought by a police officer before such court but, following his arrest in another county for an offense specified in subdivision one of section 160.10, is released by a local criminal court of such other county on his own recognizance or on bail for his appearance on a specified date before the local criminal court before which the warrant is returnable, the latter court must, upon arraignment of the defendant before it, direct that he be fingerprinted by the appropriate officer or agency, and that he appear at an appropriate designated time and place for such purpose. S 17. Subdivision 1 of section 130.10 of the criminal procedure law, as amended by chapter 446 of the laws of 1993, is amended to read as follows: 1. A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor's information, a felony complaint or a misdemeanor complaint filed with such court, OR A YOUTH PART OF A SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A FELONY COMPLAINT, or by a superior court directing a defendant desig- nated in an indictment filed with such court, to appear before it at a designated future time in connection with such accusatory instrument. The sole function of a summons is to achieve a defendant's court appear- ance in a criminal action for the purpose of arraignment upon the accu- satory instrument by which such action was commenced. S 18. Section 130.30 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: S 130.30 Summons; when issuable. A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a summons in any case in which, pursuant to section 120.20, it is author- ized to issue a warrant of arrest based upon an information, a prosecutor's information, a felony complaint or a misdemeanor complaint. If such information, prosecutor's information, felony complaint or misdemeanor complaint is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an authorized accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument. A superior court may issue a summons in any case in which, pursuant to section 210.10, it is authorized to issue a warrant of arrest based upon an indictment. S 19. Subdivision 1 of section 140.20 of the criminal procedure law is amended by adding a new paragraph (e) to read as follows: (E) IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE S. 6406 94 A. 9006 OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 20. 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 21. Subdivision 2 of section 140.27 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: 2. Upon arresting a person without a warrant, a peace officer, except as otherwise provided in subdivision three OR THREE-A, must without unnecessary delay bring him or cause him to be brought before a local criminal court, as provided in section 100.55 and subdivision one of section 140.20, and must without unnecessary delay file or cause to be filed therewith an appropriate accusatory instrument. If the offense which is the subject of the arrest is one of those specified in subdivi- sion one of section 160.10, the arrested person must be fingerprinted and photographed as therein provided. In order to execute the required post-arrest functions, such arresting peace officer may perform such functions himself or he may enlist the aid of a police officer for the performance thereof in the manner provided in subdivision one of section 140.20. S 22. Section 140.27 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows: 3-A. IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE S. 6406 95 A. 9006 OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 23. 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; (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 24. 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; S. 6406 96 A. 9006 (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 25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the criminal procedure law are REPEALED. S 26. Subdivision 1 of section 180.75 of the criminal procedure law, as added by chapter 481 of the laws of 1978, is amended to read as follows: 1. When a juvenile offender is arraigned before [a local criminal court] THE YOUTH PART OF A SUPERIOR COURT, the provisions of [this section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in lieu of the provisions of sections 180.30, 180.50 and 180.70 of this article. S 27. The opening paragraph of section 180.80 of the criminal proce- dure law, as amended by chapter 556 of the laws of 1982, is amended to read as follows: Upon application of a defendant against whom a felony complaint has been filed with a local criminal court OR THE YOUTH PART OF A SUPERIOR COURT, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, with- out either a disposition of the felony complaint or commencement of a hearing thereon, the [local criminal] court must release him on his own recognizance unless: S 28. Subdivisions (a) and (b) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007 and subdivision (b) 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 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 COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN years of age for any conduct or crime other than 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 S. 6406 97 A. 9006 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; subdivision 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; (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE PENAL LAW: SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP- ON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. S. 6406 98 A. 9006 (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 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age OR YOUNGER did an act which, if done by a person over the age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN, 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. S 29. 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] SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 OR SHE would not have been criminally responsible by reason of infancy are based upon the same act or upon the same criminal transaction, as that term is defined in subdi- vision 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 30. The opening paragraph of subdivision 1 and subdivision 5 of section 210.43 of the criminal procedure law, as added by chapter 411 of the laws of 1979, are amended to read as follows: After [a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after] arraignment of a juvenile offender upon an indictment, the superior court may, on motion of any party or on its own motion: [5. a. If the court orders removal of the action to family court, it shall state on the record the factor or factors upon which its determi- nation is based, and, the court shall give its reasons for removal in detail and not in conclusory terms. b. The district attorney shall state upon the record the reasons for his consent to removal of the action to the family court. The reasons shall be stated in detail and not in conclusory terms.] S 31. Subparagraphs (i) and (iii) 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 and subparagraph (iii) as amended by chapter 264 of the laws of 2003, are amended to read as follows: (i) If the indictment charges a person fourteen [or], fifteen OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 responsible; (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- S. 6406 99 A. 9006 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 OR SIXTEEN YEAR OLD, OR COMMENCING JANUARY FIRST TWO THOUSAND NINETEEN, SEVENTEEN year old with the crimes of rape in the first degree as defined in subdivision 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 circum- stances 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. S 32. 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. S. 6406 100 A. 9006 (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 SIXTEEN 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 ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, OR 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 ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, 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 OCCUR- RING ON THE NEXT BUSINESS DAY. S 33. 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 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. 6406 101 A. 9006 S 34. 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 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 35. The criminal procedure law is amended by adding a new section 410.90-a to read as follows: S 410.90-A SUPERIOR COURT; YOUTH PART. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER. S 36. 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] SEVENTEEN OR EIGHTEEN. 1. When a principal who is (A) under the age of sixteen; OR (B) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PRINCIPAL WHO IS UNDER THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN; OR (C) COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, 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 direction is made the sheriff shall deliver the principal in accordance therewith and such S. 6406 102 A. 9006 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 princi- pal, 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 37. 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 years old and less than [nineteen] TWENTY-ONE years old or a person charged with being a juve- nile offender as defined in subdivision forty-two of section 1.20 of this chapter. S 38. 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] SEVENTEEN years old, OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON LESS THAN EIGHTEEN YEARS OLD is not criminally responsible for conduct. 2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON 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] THIS CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 S. 6406 103 A. 9006 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] THIS CHAPTER. 3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUT- ING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUT- ING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR MANSLAUGHTER); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI- VATED FELONY; 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI- CAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI- NAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE 490 OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. 4. In any prosecution for an offense, lack of criminal responsibility by reason of infancy, as defined in this section, is a defense. S 39. Subdivision 2 of section 60.02 of the penal law, as amended by chapter 471 of the laws of 1980, is amended to read as follows: (2) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction for any felony, AND THE PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER, the court must impose a S. 6406 104 A. 9006 sentence authorized to be imposed upon a person convicted of a class E felony provided, however, that (A) the court must not impose a sentence of [conditional discharge or] unconditional discharge if the youthful offender finding was substituted for a conviction of a felony defined in article two hundred twenty of this chapter; AND (B) NOTWITHSTANDING PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE, AS A PART THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS TITLE. IN ANY CASE, WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE. IF THE SENTENCE IS TO BE IMPOSED UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED FOR A CONVICTION OF ANY FELONY, AND THE PERSON IS NINETEEN OR TWENTY YEARS OF AGE, THE COURT MUST SENTENCE SUCH PERSON PURSUANT TO THE PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON TWENTY-ONE YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE. S 40. 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 CLASS A FELONY, OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI- CABLE. When a juvenile offender is convicted of [a] ANY OTHER 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] ARTICLE. 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 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when sentencing a person who commits a felony after [he] SUCH PERSON has reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND NINETEEN. S 41. Section 70.05 of the penal law, as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 615 of the laws of 1984, paragraph (e) of subdivision 2 as added and paragraph (c) of subdivision 3 as amended by chapter 435 of the laws of 1998, paragraph (a) of subdivision 3 as amended by chapter 174 of the laws of 2003, is amended to read as follows: S 70.05 Sentence of imprisonment for juvenile offender. 1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE S. 6406 105 A. 9006 SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU- ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen- der shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi- mum term in accordance with the provisions of subdivision two of this section [and the minimum period of imprisonment shall be as provided in subdivision three of this section]. EXCEPT AS PROVIDED HEREIN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVENILE OFFENDER SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF YEARS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE. The court shall further provide that where a juvenile offender is under placement pursuant to article three of the family court act, any sentence imposed pursuant to this section which is to be served consec- utively with such placement shall be served in a facility designated pursuant to subdivision four of section 70.20 of this article prior to service of the placement in any previously designated facility. 2. [Maximum term of] INDETERMINATE sentence. [The maximum term of an indeterminate sentence for a juvenile offender shall be at least three years and the term shall be fixed as follows: (a)] For the class A felony of murder in the second degree, the MAXI- MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI- SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS: (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS; (B) WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD, AND, COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS. [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first degree the DETERMINATE term shall be fixed by the court, and shall be at least [twelve] FOUR years but shall not exceed fifteen years; [(c)] (B)(I) For a class B felony, OTHER THAN A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS ARTICLE, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten] SEVEN years; (II) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS ARTICLE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT SHALL NOT EXCEED TWENTY-FIVE YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING REGARD TO THE NATURE AND CIRCUM- STANCES OF THE CRIME AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDULY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND NO MORE THAN TWENTY-FIVE YEARS, THE COURT MAY IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS; S. 6406 106 A. 9006 [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven] FIVE years; and [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four] THREE years; AND (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED TWO YEARS. [3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence for a juvenile offender shall be speci- fied in the sentence as follows: (a) For the class A felony of murder in the second degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than five years but shall not exceed nine years provided, however, that where the sentence is for an offense specified in subdivision one or two of section 125.25 of this chapter and the defendant was fourteen or fifteen years old at the time of such offense, the minimum period of imprisonment shall be not less than seven and one-half years but shall not exceed fifteen years; (b) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first 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 (c) For a class B, C or D felony, the minimum period of imprisonment shall be fixed by the court at one-third of the maximum term imposed.] S 42. 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. [(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 S. 6406 107 A. 9006 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 43. 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 44. Paragraph (a) of 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 and two new paragraphs (a-1) and (a-2) are added to read as follows: (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], WHO IS given an indeterminate or a definite sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC- ING, 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 [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 execu- tive law. IF THE JUVENILE OFFENDER IS CONVICTED OR, IF THE JUVENILE OFFENDER WHO IS ADJUDICATED 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 SUPER- VISION. (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A PERSON SIXTEEN YEARS OF AGE WHO COMMITS A VEHICLE AND TRAFFIC LAW OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND A PERSON SEVENTEEN YEARS OF AGE WHO COMMITS SUCH AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN WHO IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE OF TWENTY-ONE 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 CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF THE OFFICE. S. 6406 108 A. 9006 (A-2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON WHO IS IN THE CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU- NITY SUPERVISION WHO IS UNDER THE AGE OF EIGHTEEN SHALL, WITHIN THE DISCRETION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE OFFICE OF CHILDREN AND FAMILY SERVICES, SUBJECT TO AVAILABLE CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS- FERRED 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 PLACEMENT FACILITY AND RELEASE OR TRANSFER OF SUCH OFFENDERS FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU- TIVE LAW. S 44-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal law, as added by chapter 481 of the laws of 1978 and relettered by chap- ter 3 of the laws of 1995, is amended to read as follows: (f) [The aggregate maximum term of consecutive sentences imposed upon a juvenile offender for two or more crimes, not including a class A felony, committed before he has reached the age of sixteen, shall, if it exceeds ten years, be deemed to be ten years. If consecutive indetermi- nate sentences imposed upon a juvenile offender include a sentence for the class A felony of arson in the first degree or for the class A felo- ny of kidnapping in the first degree, then the aggregate maximum term of such sentences shall, if it exceeds fifteen years, be deemed to be fifteen years. Where the aggregate maximum term of two or more consec- utive sentences is reduced by a calculation made pursuant to this para- graph, the aggregate minimum period of imprisonment, if it exceeds one- half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, OTHER THAN TWO OR MORE SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE DEEMED TO BE TEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO BE FIVE YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. S. 6406 109 A. 9006 (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST ONE OF WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV- ING A DETERMINATE TERM OF FIFTEEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. S 44-b. Section 70.45 of the penal law is amended by adding a new subdivision 2-b to read as follows: 2-B. PERIODS OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND YOUTHFUL OFFENDERS. (A) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A YOUTHFUL OFFENDER OR A JUVENILE OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT ONE YEAR. (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS: (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY OFFENSE; (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS C FELONY OFFENSE; (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS; AND (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, AND A FIVE-YEAR PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI- S. 6406 110 A. 9006 NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR ANY OTHER CLASS A FELONY. S 45. 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 (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 this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law; and] THIS CHAPTER; (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years old who is crimi- nally responsible for acts constituting the crimes defined in subdivi- sions 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 responsi- ble; 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); subdi- visions one and two of section 130.35 (rape in the first degree); subdi- visions 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 pursu- ant to section 130.91 of [the penal law] THIS CHAPTER; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI- TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI- TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR MANSLAUGHTER); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR S. 6406 111 A. 9006 WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP- ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC- IFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELO- NY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. S 46. 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 (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 OR SIXTEEN YEARS OLD, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 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, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY S. 6406 112 A. 9006 NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI- CAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI- NAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. S 47. 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 COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN. PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL BE DETER- MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 48. The criminal procedure law is amended by adding a new section 160.59 to read as follows: S 160.59 SEALING OF CERTAIN CONVICTIONS. 1. DEFINITIONS: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS; (A) "ELIGIBLE CONVICTION" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, A FELONY OFFENSE DEFINED IN ARTICLE ONE HUNDRED TWENTY-FIVE OF THE PENAL LAW, A VIOLENT FELONY OFFENSE DEFINED S. 6406 113 A. 9006 IN SECTION 70.02 OF THE PENAL LAW, A CLASS A FELONY OFFENSE DEFINED IN THE PENAL LAW OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE WHO PRONOUNCED SENTENCE UPON THE CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER SITTING IN A COURT IN THE JURISDICTION IN WHICH THE CONVICTION WAS OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE JUDGMENT OF CONVICTION WAS ENTERED. 2. (A) A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT IN WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSI- FICATION, THE APPLICATION SHALL BE MADE TO THE COURT IN WHICH THE DEFENDANT WAS LAST CONVICTED. (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO- SITION OR OTHER SIMILAR DOCUMENTATION FOR ANY OFFENSE FOR WHICH THE DEFENDANT HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT OF THE DEFENDANT AS TO WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE, ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A COPY OF ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; AND (IV) A STATEMENT AS TO THE CONVICTION OR CONVICTIONS FOR WHICH RELIEF IS BEING SOUGHT. (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION WAS OBTAINED. (D) WHEN SUCH APPLICATION IS FILED WITH THE COURT, IT SHALL BE ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE THAN ONE APPLICATION IS FILED IN WHICH CASE THE APPLICATION SHALL BE ASSIGNED TO THE COUNTY COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS LOCATED, WHO SHALL REQUEST AND RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES A FINGERPRINT BASED CRIMINAL HISTORY RECORD OF THE DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL- ABLE TO THE COURT, WHICH MAY MAKE THIS INFORMATION AVAILABLE TO THE DISTRICT ATTORNEY AND THE DEFENDANT. 3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY DENY THE DEFENDANT'S APPLICATION WHEN: (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW; OR (B) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION 160.58 OF THE CRIMINAL PROCEDURE LAW; OR (C) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION; OR (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS NOT YET BEEN SATISFIED; OR (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR (F) THE DEFENDANT WAS CONVICTED OF ANY OFFENSE AFTER THE DATE OF THE ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT. S. 6406 114 A. 9006 4. PROVIDED THAT THE APPLICATION IS NOT SUMMARILY DENIED FOR THE REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE. 5. ANY ELIGIBLE OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS HAVE PASSED SINCE THE ENTRY OF THE JUDGMENT OF THE DEFENDANT'S LATEST CONVICTION OR, IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, INCLUD- ING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION, THE DEFENDANT'S RELEASE FROM INCARCERATION IMPOSED ON HIS OR HER LATEST CONVICTION. 6. UPON DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI- CATION IS OPPOSED BY THE DISTRICT ATTORNEY, THE SENTENCING JUDGE OR COUNTY OR SUPREME COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF THE DISTRICT ATTORNEY DOES NOT OPPOSE THE APPLICATION. 7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO: (A) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST CONVICTION; (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR WHICH THE DEFENDANT IS SEEKING RELIEF; (C) THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH THE DEFENDANT STANDS CONVICTED; (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY MEASURES THAT THE DEFENDANT HAS TAKEN TOWARD REHABILITATION, SUCH AS PARTICIPATING IN TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING IN COMMUNITY SERVICE OR OTHER VOLUNTEER PROGRAMS; (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE FOR WHICH THE DEFENDANT IS SEEKING RELIEF; (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA- BILITATION AND UPON HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY; AND (G) THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW. 8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, 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 EXCEPT AS PROVIDED FOR IN SUBDIVISION NINE OF THIS SECTION; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER- PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. THE CLERK OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION. THE CLERK ALSO SHALL NOTIFY ANY COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE. 9. 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 S. 6406 115 A. 9006 LAW ENFORCEMENT AGENCIES, WHEN ACTING WITHIN THE SCOPE OF THEIR LAW ENFORCEMENT DUTIES; OR (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; OR (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18 USC 921 (A) (3). S 48-a. Subdivision 16 of section 296 of the executive law, as sepa- rately 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- 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 160.59 OR 160.58 of the criminal procedure law, in connection with the licens- ing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge informa- tion pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termi- nation of that criminal action or proceeding in favor of such individ- ual, 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 160.58 OR 160.59 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation 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 subdivi- sions 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 S. 6406 116 A. 9006 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 160.58 OR 160.59 of the criminal procedure law. S 49. 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] offense [as] defined in ARTICLE ONE HUNDRED THIRTY OR ARTICLE TWO HUNDRED SIXTY-THREE OF 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 50. 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: 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 FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS THAN SEVEN DAYS' NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON- STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRES OTHERWISE. S 51. Intentionally omitted. S 52. Intentionally omitted. S 53. Intentionally omitted. S 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section 115 of the family court act, paragraph (vi) of subdivision (a) as amended and subdivision (e) as added by chapter 222 of the laws of 1994, are amended to read as follows: (vi) proceedings concerning juvenile delinquency as set forth in arti- cle three THAT ARE COMMENCED IN FAMILY COURT. (e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 55. Subdivision (b) of section 117 of the family court act is REPEALED and a new subdivision (b) is added to read as follows: S. 6406 117 A. 9006 (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA- RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL HAVE JURISDIC- TION OVER ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2 OF THIS CHAPTER THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. ALL SUCH PROCEEDINGS SHALL BE ORIGINATED IN OR BE TRANSFERRED TO SUCH PART FROM OTHER PARTS AS THEY ARE MADE KNOWN TO THE COURT. OUTSIDE THE CITY OF NEW YORK, ALL PROCEEDINGS INVOLVING SUCH AN ALLEGATION SHALL HAVE A HEARING PREFERENCE OVER EVERY OTHER PROCEEDING IN THE COURT, EXCEPT PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER. S 56. 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 125.27 (MURDER IN THE FIRST DEGREE) OR 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 SIXTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT; OR (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND (B) WHO IS EITHER: (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY; OR (II) 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. S 57. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivi- sion 9 as added by chapter 920 of the laws of 1982, are 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, OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexually motivated felony, where author- ized 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 S. 6406 118 A. 9006 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, OR SIXTEEN, OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexual- ly 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 commit- ted by a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexually motivated felony, where author- ized 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 four- teen 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, OR SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age but only where there has been a prior finding by a court that such person has previously commit- ted 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 desig- nated 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 commit- ted by a person at least [seven] TWELVE but less than [sixteen] SEVEN- TEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PERSON AT LEAST TWELVE BUT LESS THAN 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 125.10 (CRIMI- NAL NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE) OF THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD) OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL LAW; 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP- ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE PENAL LAW; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY A PERSON AT LEAST TWELVE BUT LESS THAN SEVENTEEN YEARS OF AGE, OR COMMENC- ING JANUARY FIRST, TWO THOUSAND NINETEEN, LESS THAN EIGHTEEN YEARS OF AGE. 9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A CLASS A FELONY IF COMMITTED BY AN ADULT. S. 6406 119 A. 9006 S 58. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 59. 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 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 OF THIS PART 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 60. Subdivision 1 of section 304.2 of the family court act, as added by chapter 683 of the laws of 1984, is amended to read as follows: (1) Upon application by the presentment agency, OR UPON APPLICATION BY THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, pursuant to section 305.1 or 305.2 or upon the issu- ance of an appearance ticket pursuant to section 307.1 or upon the filing of a petition pursuant to section 310.1 OF THIS PART. S 61. 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 62. 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 S. 6406 120 A. 9006 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 63. 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 64. 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 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-I 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 CONSTITUTES 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 65. Subdivisions 2 and 4 of section 307.3 of the family court act, subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi- sion 4 as added by chapter 920 of the laws of 1982, are amended to read as follows: 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 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; S. 6406 121 A. 9006 (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 AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND (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. 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 and shall forthwith serve a copy of the appli- cation upon the appropriate presentment agency. Nothing in this subdivi- sion shall preclude the adjustment of suitable cases pursuant to section 308.1. S 66. The section heading and subdivisions 1, 2, 3, 9, 12 and 13 of section 308.1 of the family court act, the section heading and subdivi- sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and subdivision 2 as amended by section 3 of part V of chapter 55 of the laws of 2012, are amended to read as follows: [Rules of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF CASES. 1. [Rules of court shall authorize and determine the circum- stances under which the] THE probation service may confer with any person seeking to have a juvenile delinquency petition filed, the poten- tial respondent and other interested persons concerning the advisability 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,] ATTEMPT TO adjust [suitable cases] A CASE before a petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL OF RISK THAT THE CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER- MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY PHYSICAL INJURY TO THE VICTIM. (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY AN ADULT, 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 DETER- MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE- FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED. (C) 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. S. 6406 122 A. 9006 (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT OF A CASE IN ACCORDANCE WITH SECTION 304.2 OF THIS PART. (E) 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. 3. The probation service shall not ATTEMPT TO adjust a case THAT COMMENCED IN FAMILY COURT 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. 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. 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 respondent's fingerprints were taken pursuant to section 306.1 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 IT HAS RECEIVED THE WRITTEN APPROVAL OF THE COURT. S 67. 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 68. 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) THE EVENTS UNDERLYING THE INITIAL APPEARANCE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED 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: (1) 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; S. 6406 123 A. 9006 (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES- SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the family court act, paragraph (a) as amended by chapter 41 of the laws of 2010 and paragraph (b) as added by chapter 920 of the laws of 1982, are 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 commit- ted to the custody of the commissioner of mental health or the commis- sioner of [mental retardation and] PERSONS WITH developmental disabili- ties for an initial period not to exceed one year from the date of such order. Such period may be extended annually upon further application 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 counsel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such applica- tion, the court must conduct a hearing to determine the issue of capaci- ty. If, at the conclusion of a hearing conducted pursuant to this subdi- vision, the court finds that the respondent is no longer incapacitated, 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 reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent's eighteenth birth- day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY. (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. S 70. Subdivisions 1 and 5 of section 325.1 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 5 as added by chapter 920 of the laws of 1982, are 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. 6406 124 A. 9006 5. Where the petition consists of an order of removal pursuant to article seven hundred twenty-five of the criminal procedure law, unless the removal was pursuant to subdivision three of section 725.05 of such law and the respondent was not afforded a probable cause hearing pursu- ant to subdivision [three] TWO of section [180.75] 725.20 of such law [for a reason other than his waiver thereof pursuant to subdivision two of section 180.75 of such law], the petition shall be deemed to be based upon a determination that probable cause exists to believe the respond- ent is a juvenile delinquent and the respondent shall not be entitled to any further inquiry on the subject of whether probable cause exists. After the filing of any such petition the court must, however, exercise independent, de novo discretion with respect to release or detention as set forth in section 320.5 OF THIS PART. S 71. 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] ACCORDANCE with section 353.5 OF THIS PART. 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 interests 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 CHILDREN AND FAMILY SERVICES IF: (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR (II) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) THE ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI- NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 72. The opening paragraph of subparagraph (iii) of paragraph (a) and paragraph (d) of subdivision 4 of section 353.5 of the family court act, as amended by section 6 of subpart A of part G of chapter 57 of the laws of 2012, are amended to read as follows: 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 four hundred four of the social services law FOR AN ACT COMMITTED WHEN S. 6406 125 A. 9006 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 73. 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 74. Subdivision 1, 2, 6 and 7 of section 354.1 of the family court act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi- sions 2, 6 and 7 as amended by chapter 645 of the laws of 1996, are amended to read as follows: 1. 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 a family court pursuant to article seven hundred twenty-five of the criminal procedure law is adjudicated to be a juvenile 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 adjudi- cation is based would constitute a class [A or B] A-1 felony OR, IN THE CASE OF A PERSON 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 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. S. 6406 126 A. 9006 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. 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 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 75. Subdivision 6 of section 355.3 of the family court act, as amended by chapter 663 of the laws of 1985, is amended to read as follows: 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 76. 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 77. Section 360.3 of the family court act is amended by adding a new subdivision 7 to read as follows: 7. NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED UNDER SUBDIVISION TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS S. 6406 127 A. 9006 SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (A) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (B) 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 HAS BEEN EXHAUSTED WITHOUT SUCCESS. S 78. 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 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi- vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of the laws of 2011 and subdivision 4 as added by chapter 465 of the laws of 1992, are amended to read as follows: 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 OR PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO SUCH ARTICLE WAS FILED PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN. Only alleged or convicted juvenile offenders who have not attained their eighteenth OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, THEIR 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 years of age and not more than twenty OR COMMENCING JANUARY FIRST, TWO THOU- SAND EIGHTEEN, NOT MORE THAN TWENTY-TWO years of age. S 80. Paragraph (a) of subdivision 2 and subdivision 5 of section 507-a of the executive law, as amended by chapter 465 of the laws of 1992, are amended to read as follows: (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 twen- ty-one may be placed in[, committed to or remain in] the [division'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 S. 6406 128 A. 9006 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 TITLE 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 DESIG- NATED 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. 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 youth attend a full-time vocational or educational program and are like- ly to benefit from such program. S 81. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 and subdivision 4 of section 508 of the executive law are REPEALED. S 82. Subdivisions 1, 2, 3, 5, 6, 7, 8 and 9 of section 508 of the executive law, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision 2 as amended by chapter 572 of the laws of 1985, subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered by chapter 465 of the laws of 1992, subdivisions 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 subdivi- sion 9 as added by chapter 7 of the laws of 2007, are amended and a new subdivision 1-a is added to read as follows: 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 sentencing provisions of the penal law. Such facilities shall provide appropriate services to juvenile offenders including but not limited to residential care, educational and vocational training, physical and mental health services, and employment counseling. 1-A. (A) (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF TO SERVE THOSE YOUTH SENTENCED FOR COMMITTING OFFENSES ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO ARE DETERMINED, BASED ON THE PLACEMENT CLASSIFICATION PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF CORRECTION, AND THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY. THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL S. 6406 129 A. 9006 HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO CARRY OUT ITS DUTIES INCLUDING MAKING UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT ANY TIME. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, THE COUNCIL MAY REQUEST AND THE OFFICE SHALL SUBMIT TO THE COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN THE FORM AND MANNER AND AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS APPROPRIATE TO THE PURPOSES AND OPERATION OF THE COUNCIL. THE COUNCIL SHALL BE SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO THE COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF TO, PERSONS NOT AUTHORIZED BY LAW. (III) YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH THE TYPES OF YOUTH PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES. ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A YOUTH DIVISION AIDE SHALL BE SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG- ICAL SCREENING AS APPLICANTS FOR EMPLOYMENT AS CORRECTIONAL OFFICERS WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE INDEPENDENT ADVISORY BOARD ESTABLISHED PURSUANT TO SUCH SECTION, PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN SUCH SECTION "DEPARTMENT" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. ALL STAFF OF THE FACILITY SHALL BE SUBJECT TO RANDOM DRUG TESTS. (B) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS, WITH THE SECURITY ISSUES RELATING TO OPERATING FACILITIES SERVING THE ADDITIONAL YOUTH SENTENCED TO THE OFFICE. (C) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE STATE COMMISSION OF CORRECTION AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN AND FAMILY SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER- MINE THE APPROPRIATE LEVEL OF CARE FOR EACH YOUTH SENTENCED TO THE OFFICE. THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, CONSIDERATION OF THE NATURE OF THE YOUTH'S OFFENSE AND THE YOUTH'S HISTORY AND SERVICE NEEDS. (D) 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. 3. The [division] OFFICE OF CHILDREN AND FAMILY SERVICES shall report in writing to the sentencing court and district attorney, not less than S. 6406 130 A. 9006 once every six months during the period of confinement, on the status, adjustment, programs and progress of the offender. [5.] 4. The office of children and family services may transfer an offender not less than eighteen [nor more than twenty-one] years of age to the department of corrections and community supervision if the commissioner 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 corrections and community supervision for confinement pursuant to the correction law. [7.] (B) ALL OFFENDERS COMMITTED OR TRANSFERRED 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 ADDITIONAL 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 POST-RELEASE SUPERVISION SENTENCE. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR HER TWENTY-THIRD BIRTHDAY. (C) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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 SUPERVISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION. (D) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, ALL JUVENILE OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL- ITY BEFORE THEY ARE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION 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, INCLUDING ANY POST-RELEASE SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE SHALL ASSIST SUCH DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER- VISION. 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, POST-RELEASE SUPERVISION, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facilities and his OR HER transfer to S. 6406 131 A. 9006 state hospitals in the office of mental health shall be governed by section five hundred nine of this chapter; PROVIDED, HOWEVER, THAT AN OTHERWISE ELIGIBLE JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED CREDIT TIME ALLOWANCE FOR SUCCESSFUL PARTICIPATION IN ONE OR MORE PROGRAMS DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT ARE COMPARABLE TO THE PROGRAMS SET FORTH IN SECTION EIGHT HUNDRED THREE-B OF THE CORRECTION LAW, TAKING INTO CONSIDERATION THE AGE OF JUVENILE OFFENDERS. 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 AND PROVIDE POST-RELEASE SUPERVISION for eligible juvenile offenders and [contract with the department of corrections and community supervision for the provision of parole] PROVIDE supervision [services] for tempo- rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION. The rules and regulations for these programs shall not be inconsistent with the laws for temporary release AND POST-RELEASE SUPERVISION 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 children 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 family services. FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45 OF THE PENAL LAW OR ARTICLE TWELVE-B OF THE EXECUTIVE LAW, THE TERM "DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION", "DEPARTMENT", "DIVISION OF PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES. Time spent in office of children and family services facilities and in juvenile detention facil- ities 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 S. 6406 132 A. 9006 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 83. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivisions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: S 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "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 commenced; 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 S. 6406 133 A. 9006 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. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. S 84. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] S 85. 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 amended to read as follows: S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, 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. S. 6406 134 A. 9006 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 all 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 86. Section 727 of the family court act is REPEALED. S 87. The section heading and subdivisions (c) and (d) of section 728 of the family court act, 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, are amended to read as follows: Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections] SECTION seven hundred twenty-four (b) (i). [(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 and that all 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 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 S. 6406 135 A. 9006 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 88. Section 729 of the family court act is REPEALED. S 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of section 735 of the family court act, subdivision (b) as amended by chap- ter 38 of the laws of 2014, paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011 and subdivision (f) as added by section 7 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (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; 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 INCLUDING WHETHER THE YOUTH AND HIS OR HER FAMILY SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and [(v)] (VI) 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 be required to pay for all or any portion of the costs of such assessment 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 alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (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. (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 S. 6406 136 A. 9006 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 PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. S 90. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: S 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent 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 respondent to safely return home]. S 91. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: S 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- S. 6406 137 A. 9006 doptive parent, or relative caring for the child to appear at a perman- ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. S 92. Section 747 of the family court act is REPEALED. S 93. Section 748 of the family court act is REPEALED. S 94. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. S 95. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) 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 fourteen, 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.] S 96. 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] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF S. 6406 138 A. 9006 SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND 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. 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 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 court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-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 97. 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 (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 S. 6406 139 A. 9006 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.] 3. The court, upon receipt of the reports provided for in subdi- vision 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] CONDITION should be altered or modified. S 98. Section 774 of the family court act is amended to read as follows: S 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. S 98-a. 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. 6406 140 A. 9006 S 458-M. FAMILY SUPPORT CENTERS. 1. AS USED IN THIS TITLE, THE TERM "FAMILY SUPPORT CENTER" SHALL MAN A PROGRAM ESTABLISHED PURSUANT TO THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED A PERSON IN NEED OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACE- MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN 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; (C) FAMILY MEDIATION AND SKILLS BUILDING; (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER- VENTIONS; (E) CASE MANAGEMENT; (F) RESPITE SERVICES; (G) EDUCATION ADVOCACY; AND (H) OTHER FAMILY SUPPORT SERVICES. 3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA RESPONSIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED 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 AND WEEKENDS. S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO: (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE; (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO: (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; AND (II) RELATIVE TO THE YOUTH POPULATION OF SUCH SOCIAL SERVICES DISTRICT: (1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; OR (2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY RECEIVED FUNDING PURSUANT TO THIS TITLE; OR (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE. 3. SOCIAL SERVICES DISTRICTS RECEIVING FUNDING UNDER THIS TITLE SHALL REPORT TO THE OFFICE OF CHILDREN AND FAMILY SERVICES, IN THE FORM AND S. 6406 141 A. 9006 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 98-b. Subdivisions 3, 3-a, 11 and 12 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, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, 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 person in need of supervision placed] 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 commissioner or his or her designee for approval of an additional fifteen 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. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can S. 6406 142 A. 9006 be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, he or she shall be enrolled 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 a condi- tionally released juvenile delinquent 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, steps shall be taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 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] ARTICLE. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. S 98-c. 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: S. 6406 143 A. 9006 (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] ARTI- CLE and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this [chapter] ARTICLE, 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 section two hundred forty-three-a of the execu- tive 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 peti- tion, 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] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARAGRAPH. S 99. Subdivision 1, the opening paragraph of subdivision 2 and subparagraphs (i) and (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: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders from placement in detention or in residential care shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made avail- able for such purposes, not to exceed the municipality's distribution under the supervision and treatment services for juveniles program. (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 residential care with the municipality, the municipality's reduction in the use of detention and residential placements, 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 S. 6406 144 A. 9006 authorized, in its discretion, to make advance distributions to a muni- cipality 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: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed AND FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION ARE OFFERED DIVERSION SERVICES; (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 100. The opening paragraph and paragraph (a) of subdivision 2 and subdivisions 4, 5, 6 and 7 of section 530 of the executive law, the opening paragraph of subdivision 2 and subdivision 4 as amended by section 4 of subpart B of part Q of chapter 58 of the laws of 2011, paragraph (a) 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, subparagraphs 1, 2 and 4 of paragraph (a) and para- graph (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 subdivision 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: [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] SECTION 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, 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 S. 6406 145 A. 9006 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, PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN, 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, CERTIFIED OR APPROVED FAMILY BOARDING HOMES, AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expendi- tures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor 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 enforcement, probation, courts, detention adminis- trators, 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. 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] SEVENTEEN YEARS OF AGE; or[,] S. 6406 146 A. 9006 (1-A) COMMENCING ON JANUARY FIRST, TWO THOUSAND NINETEEN, TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN- QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUENCY 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 CRIMINAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; 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) PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN, 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 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 PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY AND THEREAFT- ER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. 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. S. 6406 147 A. 9006 S 100-a. 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 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 who has been determined to have brought a weap- on or firearm to school in violation of this subdivision to a present- ment agency for a juvenile delinquency proceeding consistent with arti- cle three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivi- sion forty-two of section 1.20 of the criminal procedure law; PROVIDED HOWEVER, THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGHTEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN 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 WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND NINE- TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF 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 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 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 crim- inal 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 100-b. 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 S. 6406 148 A. 9006 under [sixteen] SEVENTEEN years of age OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, UNDER EIGHTEEN YEARS OF AGE ordered to attend upon instruction 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 101. The executive law is amended by adding a new section 259-p to read as follows: S 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS ARTICLE, MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION. (2) A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION. (3) (A) A DEFENDANT SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN OR (B) A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU- SAND NINETEEN, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY. S 102. Section 153-k of the social services law is amended by adding a new subdivision 2-a to read as follows: 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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 PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE- PENDENT 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 SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 103. The opening paragraph of paragraph (a) of 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 and a new paragraph (a-1) is added to read as follows: Notwithstanding any other provision of law to the contrary[,] EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expend- itures during the applicable time periods made by a social services district for an approved juvenile justice services close to home initi- ative shall, if approved by the department of family assistance, 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. (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 S. 6406 149 A. 9006 APPROVED JUVENILE JUSTICE SERVICES UNDER AN APPROVED CLOSE TO HOME INITIATIVE PROVIDED TO YOUTH 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 SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 104. Subdivision 4 of section 246 of the executive law, as amended by section 10 of part D of chapter 56 of the laws of 2010, is amended to read as follows: 4. 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. The administration of such addi- tional grants shall be made according to rules and regulations promul- gated 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 COMMIS- SIONER 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 OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW. SUCH 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 SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION. S 105. The second undesignated paragraph of subdivision 4 of section 246 of the executive law, as added by chapter 479 of the laws of 1970, is amended to read as follows: [The director 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 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. THE COMMISSIONER S. 6406 150 A. 9006 SHALL GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPART- MENTS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT. THE ADMINIS- TRATION 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 OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW. SUCH 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 SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION. S 106. Section 529 of the executive law is amended by adding a new subdivision 5-b to read as follows: 5-B. 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 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 SIXTEEN 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. S 106-a. Section 530 of the executive law is amended by adding a new subdivision 8 to read as follows: 8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING APRIL FIRST, TWO THOUSAND SEVENTEEN, 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 FACILI- TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. 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 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. 6406 151 A. 9006 S 108. This act shall take effect immediately; provided that: a. sections forty-eight and forty-eight-a of this act shall take effect on the sixtieth day after this act shall have become a law and shall be deemed to apply to offenses committed prior to, on, or after such effective date; b. sections one through forty-one, forty-four through forty-seven, forty-nine, fifty, fifty-four through eighty, one hundred-a, one hundred-b and one hundred one of this act shall take effect January 1, 2018; provided, however, that when the applicability of such provision is dependent on the age of the youth that is alleged or adjudicated to have been committed or is convicted of a crime or an act that would constitute a crime if committed by an adult: (i) effective January 1, 2018, such provisions shall be deemed to apply to youth who have been alleged to have committed, adjudicated for, or convicted of, an offense that occurred on or after such effective date and who were 16 years of age at the time the offense occurred, and (ii) effective January 1, 2019, such provisions shall be deemed to apply to youth who have been alleged to have committed, adjudicated for, or convicted of, an offense that occurred on or after such effective date and who were seventeen years of age at the time such offense occurred; c. sections ninety-eight-a and one hundred two through one hundred six-a of this act shall take effect April 1, 2017; d. sections eighty-three through ninety-eight and sections ninety- eight-b through one hundred of this act shall take effect January 1, 2019 and shall be deemed to be applicable to the detention or placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date; e. sections forty-two and forty-three of this act shall take effect January 1, 2020; f. the amendments to subdivision 1 of section 70.02 of the penal law made by section forty-two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; g. the amendments to paragraph d of section 3214 of the education law made by section fifty-one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; h. the amendments to subdivision 4 of section 353.5 of the family court act made by section seventy-two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 2012, as amended, when upon such date the provisions of section seventy-three of this act shall take effect; i. the amendments to section 153-k of the social services law made by section one hundred two of this act shall not affect the expiration of such section and shall be deemed repealed therewith; j. the amendments to subdivision 3-a of section 398 of the social services law made by section ninety-eight-b of this act shall not affect the expiration of such subdivision and shall be deemed repealed there- with; k. the amendments to subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law made by section ninety- eight-c of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith; l. the amendments to section 404 of the social services law made by section one hundred three of this act shall not affect the expiration of such section and shall be deemed repealed therewith; S. 6406 152 A. 9006 m. the amendments to the second undesignated paragraph of subdivision 4 of section 246 of the executive law made by section one hundred four of this act shall be subject to the expiration and reversion of such undesignated paragraph as provided in subdivision (aa) of section 427 of chapter 55 of the laws of 1992, as amended, when upon such date section one hundred five of this act shall take effect; and n. the amendments to paragraph (f) of subdivision 1 of section 70.30 of the penal law made by section forty-four-a of this act shall not affect the expiration and reversion of such paragraph and shall expire and be deemed repealed therewith. PART O 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least $141.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least $163.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least $193.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (d) for the period commencing January first, two thousand [sixteen] SEVENTEEN, 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 [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand [sixteen] SEVENTEEN, 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living alone, $820.00; and for an eligible couple living alone, $1204.00. (b) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living with others with or without in-kind income, $756.00; and for an eligible couple living with others with or without in-kind income, $1146.00. (c) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving family care, $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 individual receiving such care in any other county in the state, $961.48; and (iv) for an eligible couple receiving such care in any other county in the S. 6406 153 A. 9006 state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving residential care, $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, $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 subpara- graph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual receiving enhanced residential care, $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this para- graph. (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 [sixteen] SEVENTEEN but prior to June thirtieth, two thousand [sixteen] SEVENTEEN. S 3. This act shall take effect December 31, 2016. PART P 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-two million two hundred ninety-two thousand dollars for the fiscal year ending March 31, 2017. 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-two million two hundred ninety-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 2015-2016 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, 2016. 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, 2017 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 S. 6406 154 A. 9006 which reach their 25 year maximum in and/or prior to the fiscal year ending March 31, 2017 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, 2017. 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 finance agency, for the purposes of reimbursing any costs associated with Mitc- hell Lama housing projects authorized by this section, a total sum not to exceed forty-two million 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 2015-2016 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, 2017. 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, 2017. 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 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 2015-2016 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, 2016. 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, 2017. Notwith- standing 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 S. 6406 155 A. 9006 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 thir- ty-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 2015-2016 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, 2016. 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 thirty-five million two hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 and urban community invest- ment fund program contracts authorized by this section, a total sum not to exceed thirty-five million two hundred fifty thousand dollars, such transfer to be made from (i) the special account of the mortgage insur- ance 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 2015-2016 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 main- tain 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, 2017. S 6. 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 ten million dollars for the fiscal year ending March 31, 2017. Notwith- standing 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 carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed ten million 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 S. 6406 156 A. 9006 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 2015-2016 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, 2017. S 7. 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 twelve million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 homes for working families program contracts authorized by this section, a total sum not to exceed twelve million seven hundred fifty 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 2015-2016 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, 2017. S 8. 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 fifteen million six hundred nine- ty thousand dollars for the fiscal year ending March 31, 2017. The home- less 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. Notwithstanding 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 assist- ance corporation, a total sum not to exceed fifteen million six hundred ninety 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 S. 6406 157 A. 9006 fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2015-2016 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, 2017. S 9. 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 P of this act shall be as specifically set forth in the last section of such Parts.
2015-A9006A - Details
- See Senate Version of this Bill:
- S6406
- Law Section:
- Budget Bills
2015-A9006A - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year; amends the education law, in relation to contracts for excellence and the apportionment of public moneys; amends the education law, in relation to the gap elimination adjustment; amends the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid
2015-A9006A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6406--A A. 9006--A S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to applications for waivers of certain duties by the education department; to amend the education law in relation to char- ter schools; to establish the empire state pre-kindergarten grant board; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effective- ness thereof; 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 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 the effectiveness thereof; to amend the state finance law, in relation to the New York state teen health education fund; 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, in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the educa- tion law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-02-6 S. 6406--A 2 A. 9006--A the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; and to amend chapter 101 of the laws of 2003, amending the education law relating to imple- mentation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof (Part A); to amend the education law, in relation to school emergency response plans (Part B); to amend the education law, in relation to the city of New York assuming greater financial responsibility for the city university of New York senior colleges (Part C); to amend the education law, in relation to the NY-SUNY 2020 challenge grant program act; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY 2020 challenge grant program, in relation to the effective- ness thereof (Part D); to amend the state finance law, in relation to the creation of the SUNY Stony Brook Affiliation escrow fund (Part E); to amend the education law, in relation to 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; the definition of "resident"; 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 relat- ing thereto (Part F); to amend chapter 161 of the laws of 2005 amend- ing the education law relating to the New York state licensed social worker loan forgiveness program, in relation to the effectiveness thereof; to amend part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof; to amend chapter 31 of the laws of 1985 amending the education law relat- ing to regents scholarships in certain professions; and to amend the education law, in relation to forgiving loans upon the death of the recipient (Part G); to amend the education law, the business corpo- ration law, the partnership law and the limited liability company law, in relation to certified public accountants (Part H); to amend chapter 91 of the laws of 2002, amending the education law and other laws relating to 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 and other laws relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness thereof (Part I); to amend the labor law, in relation to the apprenticeship training coun- cil (Part J); to amend the labor law, in relation to the minimum wage; and repealing certain provisions of such law relating thereto; and providing for the repeal of certain provisions upon the expiration thereof (Part K); to amend the labor law, in relation to enhancing the urban youth jobs program tax credit by increasing the sum of money allocated to programs four and five (Part L); to amend the family court act, in relation to findings that must be made at permanency hearings, and to amend the social services law, in relation to guardi- S. 6406--A 3 A. 9006--A anship expenses, the reasonable and prudent parent standard and the criminal history of prospective foster and adoptive parents (Part M); to amend the criminal procedure law, the penal law, the correction law, the education law, the executive law, the family court act and the social services law, in relation to proceedings against juvenile offenders and the age of juvenile offenders and to repeal certain provisions of the criminal procedure law, the family court act and the executive law relating thereto (Part N); 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 O); to utilize reserves in the mortgage insurance fund for various housing purposes (Part P); and to amend Part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effectiveness thereof (Part Q) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through Q. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2015, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the S. 6406--A 4 A. 9006--A 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, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen 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 fourteen--two thousand fifteen school year; AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN 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 FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjust- ment computed pursuant to chapter fifty-three of the laws of two thou- S. 6406--A 5 A. 9006--A sand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 2 of part A of chapter 56 of the laws of 2015, 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 [fifteen] SIXTEEN--two thousand [sixteen] 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 is amended by adding a fourth undesignated paragraph to read as follows: FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, 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 "2015-16 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND ENTITLED "SA151-6", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2015, 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 through [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school years equal to the greater of (1) the amount S. 6406--A 6 A. 9006--A 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" or (2) the amount set forth for such school district as "HIGH TAX AID" under the heading "2013-14 ESTIMATED AIDS" in the school aid computer listing produced by the commissioner in support of the executive budget 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 5 of part A of chapter 56 of the laws of 2015, 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 through two thousand [fifteen] SIXTEEN--two thousand [sixteen] 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 PREKIN- DERGARTEN" 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 maxi- mum 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 6. Paragraph h of subdivision 17 of section 3602 of the education law, as added by section 5-b of part A of chapter 56 of the laws of 2015, is amended and a new paragraph i is added to read as follows: h. [The gap elimination adjustment restoration amount for the two thousand sixteen--two thousand seventeen school year and thereafter shall equal the product of the gap elimination percentage for such S. 6406--A 7 A. 9006--A district and the gap elimination adjustment restoration allocation established pursuant to subdivision eighteen of this section] THE GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT FOR THE TWO THOUSAND SIXTEEN- -TWO THOUSAND SEVENTEEN SCHOOL YEAR 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 EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND SHALL EQUAL THE SUM OF THE SCALED EXTRAORDINARY NEEDS RESTORATION PLUS THE MINIMUM RESTORATION, PROVIDED THAT SUCH GAP ELIMINATION ADJUSTMENT RESTORATION AMOUNT SHALL NOT EXCEED THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. (I) THE "SCALED EXTRAORDINARY NEEDS RESTORATION" SHALL EQUAL THE PROD- UCT OF THE GRANT PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE 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, WHERE (A) THE GRANT PER PUPIL SHALL BE SIXTY-SIX DOLLARS ($66.00) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAOR- DINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548). (II) THE MINIMUM RESTORATION SHALL EQUAL THE PRODUCT OF THIRTY PERCENT (0.3) MULTIPLIED BY THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. I. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE GAP ELIMINATION ADJUSTMENT SHALL BE ZERO. S 7. Subdivision 4 of section 3602 of the education law, as amended by section 5-a of part A of chapter 56 of the laws of 2015, 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 SUBPARAGRAPH (II) 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 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 SUBPARAGRAPH (II) OF S. 6406--A 8 A. 9006--A 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 SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, FOR A SCHOOL DISTRICT WHERE THE PHASE-IN FOUNDA- TION INCREASE AND THE DUE MINIMUM ARE LESS THAN THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SECTION, SUCH DISTRICT SHALL RECEIVE TOTAL FOUNDATION AID, IN LIEU OF SUCH PHASE-IN FOUNDATION INCREASE OR DUE MINIMUM, EQUAL TO THE SUM OF THE FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION, PLUS THE ALTERNATIVE MINIMUM COMPUTED PURSUANT TO PARA- GRAPH B-2 OF THIS SECTION, and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and 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 thirty-seven hundredths percent (1.0037), AND FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, ONE PLUS THE LESSER OF TWO PERCENT (0.02) OR THE PRODUCT OF TWENTY-THREE HUNDREDTHS PERCENT (0.023) MULTIPLIED BY A CWR RATIO AND TRUNCATED TO FOUR DECIMALS, WHERE SUCH CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND FIFTY-FIVE HUNDREDTHS (1.55) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH CWR RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO, subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein, nor more than the product of such total foundation aid base and one hundred fifteen percent, and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thousand twelve school years, each school district shall receive total foundation aid in an amount equal to the amount apportioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision. Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. a. Foundation formula aid. Foundation formula aid shall equal the remainder when the expected minimum local contribution is subtracted from the product of the foundation amount, the regional cost index, and the pupil need index, or: (foundation amount x regional cost index x pupil need index)- expected minimum local contribution. (1) The foundation amount shall reflect the average per pupil cost of general education instruction in successful school districts, as deter- mined by a statistical analysis of the costs of special education and general education in successful school districts, provided that the foundation amount shall be adjusted annually to reflect the percentage S. 6406--A 9 A. 9006--A increase in the consumer price index as computed pursuant to PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty-two] TWENTY-THREE of this chapter, provided that for the two thousand eight--two thousand nine school year, for the purpose of such adjustment, 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 thousand eight through two thousand [fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivision. (2) The regional cost index shall reflect an analysis of labor market costs based on median salaries in professional occupations that require similar credentials to those of positions in the education field, but not including those occupations in the education field, provided that the regional cost indices for the two thousand seven--two thousand eight school year and thereafter shall be as follows: Labor Force Region Index Capital District 1.124 Southern Tier 1.045 Western New York 1.091 Hudson Valley 1.314 Long Island/NYC 1.425 Finger Lakes 1.141 Central New York 1.103 Mohawk Valley 1.000 North Country 1.000 (3) The pupil need index shall equal the sum of one plus the extraor- dinary needs percent, provided, however, that the pupil need index shall not be less than one nor more than two. The extraordinary needs percent shall be calculated pursuant to paragraph w of subdivision one of this section. (4) The expected minimum local contribution shall equal the lesser of (i) the product of (A) the quotient arrived at when the selected actual valuation is divided by total wealth foundation pupil units, multiplied by (B) the product of the local tax factor, multiplied by the income wealth index, or (ii) the product of (A) the product of the foundation amount, the regional cost index, and the pupil need index, multiplied by (B) the positive difference, if any, of one minus the state sharing ratio for total foundation aid. The local tax factor shall be estab- lished by May first of each year by determining the product, computed to four decimal places without rounding, of ninety percent multiplied by the quotient of the sum of the statewide average tax rate as computed by the commissioner for the current year in accordance with the provisions of paragraph e of subdivision one of section thirty-six hundred nine-e of this part plus the statewide average tax rate computed by the commis- sioner for the base year in accordance with such provisions plus the statewide average tax rate computed by the commissioner for the year prior to the base year in accordance with such provisions, divided by three, provided however that for the two thousand seven--two thousand eight school year, such local tax factor shall be sixteen thousandths (0.016), and provided further that for the two thousand eight--two thou- sand nine school year, such local tax factor shall be one hundred fifty-four ten thousandths (0.0154). The income wealth index shall be calculated pursuant to paragraph d of subdivision three of this section, S. 6406--A 10 A. 9006--A 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. (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, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total S. 6406--A 11 A. 9006--A foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected 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), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) 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 commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty- one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL THE GREATER OF: (1) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE, NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932); OR (2) FOR A CITY SCHOOL DISTRICT OF A CITY HAVING A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE MILLION, THREE AND ONE-HALF PERCENT (0.035); OR (3) FOR A DISTRICT WITH A SPARSITY COUNT COMPUTED PURSUANT TO PARAGRAPH R OF SUBDIVISION ONE OF THIS SECTION GREATER THAN ZERO, THE LESSER OF (I) THE PRODUCT OF NINE AND THIRTY-TWO HUNDREDTHS PERCENT (0.0932) MULTIPLIED BY THE PHASE-IN CWR SPARSITY RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH PHASE-IN CWR SPARSITY RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND THIRTY-FIVE HUNDREDTHS (1.35) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH PHASE-IN CWR SPARSITY RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) SIX PERCENT (0.06); OR (4) THE LESSER OF (I) THE PRODUCT OF THREE AND ONE-HALF PERCENT (0.035) MULTIPLIED BY THE PHASE-IN CWR RATIO TRUNCATED TO FOUR DECIMALS, WHERE SUCH PHASE-IN CWR RATIO SHALL BE THE DIFFERENCE OBTAINED BY SUBTRACTING FROM ONE AND THIRTY-SEVEN HUNDREDTHS (1.37) THE PRODUCT OF ONE AND THREE-TENTHS (1.30) MULTIPLIED BY THE COMBINED WEALTH RATIO FOR TOTAL FOUNDATION AID COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION TRUNCATED TO THREE DECIMALS, PROVIDED HOWEVER THAT SUCH PHASE-IN CWR RATIO SHALL NOT BE GREATER THAN ONE NOR LESS THAN ZERO OR (II) THREE PERCENT (0.03); AND FOR the two thousand [sixteen--two thousand seventeen] SEVENTEEN--TWO THOUSAND EIGH- TEEN school year and thereafter the commissioner shall annually deter- mine the phase-in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described there- in. 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 S. 6406--A 12 A. 9006--A 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. B-2. ALTERNATIVE MINIMUM. THE ALTERNATIVE MINIMUM SHALL BE THE POSI- TIVE DIFFERENCE, IF ANY, OBTAINED BY SUBTRACTING THE ALTERNATIVE INCREASE FROM THE PRODUCT OF THE ALTERNATIVE BASE MULTIPLIED BY TWO PERCENT (0.02). FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE BASE" SHALL MEAN A SCHOOL DISTRICT'S APPORTIONMENT OF FOUNDATION AID FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2015-16 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" MINUS THE GAP ELIMINATION ADJUSTMENT FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR. FOR PURPOSES OF THIS SUBDIVISION, "ALTERNATIVE INCREASE" SHALL MEAN THE SUM OF (1) THE GAP ELIMINATION ADJUSTMENT RESTORATION COMPUTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO PARA- GRAPH H OF SUBDIVISION SEVENTEEN OF THIS SECTION AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 GEA RESTORATION" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7", PLUS (2) COMMUNITY SCHOOLS AID COMPUTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR PURSUANT TO SUBDIVISION NINETEEN OF THIS SECTION AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7". B-3. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, NO SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT OF FOUN- DATION AID IN EXCESS OF THE AMOUNT APPORTIONED TO SUCH SCHOOL DISTRICT IN TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR UNLESS (I) THE DISTRICT WAS DESIGNATED AS HIGH OR AVERAGE NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708," (II) THE DISTRICT WAS DESIG- NATED AS HIGH OR AVERAGE NEED PURSUANT TO THE REGULATIONS OF THE COMMIS- SIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4" OR (III) THE DISTRICT'S ALTERNATIVE INCREASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION IS LESS THAN THE PRODUCT OF THE ALTERNATIVE BASE COMPUTED PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION MULTIPLIED BY THREE PERCENT (0.03). 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 S. 6406--A 13 A. 9006--A 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 PARAGRAPH E OF SUBDIVISION FOUR OF section two thousand [twenty- two] TWENTY-THREE 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 [and two thou- sand fifteen--two thousand sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. S 8. Section 3602 of the education law is amended by adding a new subdivision 19 to read as follows: 19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE AN APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT. A. DEFINITIONS. (1) "TIER ONE ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT WITH AT LEAST ONE SCHOOL DESIGNATED AS FAILING OR PERSISTENTLY FAILING BY THE COMMISSIONER PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION 211-F OF THIS CHAPTER PRIOR TO JANUARY FIRST, TWO THOUSAND SIXTEEN. (2) "TIER TWO ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT, EXCEPT A TIER ONE ELIGIBLE SCHOOL DISTRICT, DESIGNATED AS HIGH NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDI- VISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOU- SAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OR ANY DISTRICT DESIGNATED AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4". B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT OF EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTIPLIED BY THE DISTRICT'S ENROLLMENT IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IN SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY FAILING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION 211-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECI- FIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT OR (II) TEN THOUSAND DOLLARS ($10,000). C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT OF THE GRANT PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE 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, WHERE (A) THE GRANT PER PUPIL SHALL BE EIGHTY-NINE DOLLARS AND THIRTY-TWO CENTS ($89.32) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY S. 6406--A 14 A. 9006--A NEEDS PERCENT OF FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN THOUSAND DOLLARS ($10,000). D. SCHOOL DISTRICTS SHALL USE AMOUNTS APPORTIONED PURSUANT TO THIS SUBDIVISION TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINATOR, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT. S 9. Paragraph a of subdivision 5 of section 3604 of the education law, as amended by chapter 161 of the laws of 2005, is amended to read as follows: a. State aid adjustments. All errors or omissions in the apportionment shall be corrected by the commissioner. Whenever a school district has been apportioned less money than that to which it is entitled, the commissioner may allot to such district the balance to which it is enti- tled. Whenever a school district has been apportioned more money than that to which it is entitled, the commissioner may, by an order, direct such moneys to be paid back to the state to be credited to the general fund local assistance account for state aid to the schools, or may deduct such amount from the next apportionment to be made to said district, provided, however, that, upon notification of excess payments of aid for which a recovery must be made by the state through deduction of future aid payments, a school district may request that such excess payments be recovered by deducting such excess payments from the payments due to such school district and payable in the month of June in (i) the school year in which such notification was received and (ii) the two succeeding school years, provided further that there shall be no interest penalty assessed against such district or collected by the state. Such request shall be made to the commissioner in such form as the commissioner shall prescribe, and shall be based on documentation that the total amount to be recovered is in excess of one percent of the district's total general fund expenditures for the preceding school year. The amount to be deducted in the first year shall be the greater of (i) the sum of the amount of such excess payments that is recognized as a liability due to other governments by the district for the preced- ing school year and the positive remainder of the district's unreserved fund balance at the close of the preceding school year less the product of the district's total general fund expenditures for the preceding school year multiplied by five percent, or (ii) one-third of such excess payments. The amount to be recovered in the second year shall equal the lesser of the remaining amount of such excess payments to be recovered or one-third of such excess payments, and the remaining amount of such excess payments shall be recovered in the third year. Provided further that, notwithstanding any other provisions of this subdivision, any pending payment of moneys due to such district as a prior year adjust- ment payable pursuant to paragraph c of this subdivision for aid claims that had been previously paid as current year aid payments in excess of the amount to which the district is entitled and for which recovery of excess payments is to be made pursuant to this paragraph, shall be reduced at the time of actual payment by any remaining unrecovered balance of such excess payments, and the remaining scheduled deductions of such excess payments pursuant to this paragraph shall be reduced by the commissioner to reflect the amount so recovered. [The commissioner shall certify no payment to a school district based on a claim submitted later than three years after the close of the school year in which such S. 6406--A 15 A. 9006--A payment was first to be made. For claims for which payment is first to be made in the nineteen hundred ninety-six--ninety-seven school year, the commissioner shall certify no payment to a school district based on a claim submitted later than two years after the close of such school year.] For claims for which payment is first to be made [in the nineteen hundred ninety-seven--ninety-eight] PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN school year [and thereafter], the commis- sioner shall certify no payment to a school district based on a claim submitted later than one year after the close of such school year. FOR CLAIMS FOR WHICH PAYMENT IS FIRST TO BE MADE IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE COMMIS- SIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT BASED ON A CLAIM SUBMITTED LATER THAN THE FIRST OF NOVEMBER OF SUCH SCHOOL YEAR. Provided, however, no payments shall be barred or reduced where such payment is required as a result of a final audit of the state. [It is further provided that, until June thirtieth, nineteen hundred ninety- six, the commissioner may grant a waiver from the provisions of this section for any school district if it is in the best educational inter- ests of the district pursuant to guidelines developed by the commission- er and approved by the director of the budget.] FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE, NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN AND TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEARS, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR AND ENTITLED "BT161-7", AND FURTHER PROVIDED THAT FOR ANY APPORTIONMENTS PROVIDED PURSUANT TO SECTIONS SEVEN HUNDRED ONE, SEVEN HUNDRED ELEVEN, SEVEN HUNDRED FIFTY-ONE, SEVEN HUNDRED FIFTY-THREE NINETEEN HUNDRED FIFTY, THIRTY-SIX HUNDRED TWO, THIRTY-SIX HUNDRED TWO-B, THIRTY-SIX HUNDRED TWO-C, THIRTY-SIX HUNDRED TWO-E AND FORTY-FOUR HUNDRED FIVE OF THIS CHAPTER FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN SCHOOL YEAR AND THEREAFTER, THE COMMISSIONER SHALL CERTIFY NO PAYMENT TO A SCHOOL DISTRICT, OTHER THAN PAYMENTS PURSUANT TO SUBDIVISIONS SIX-A, ELEVEN, THIRTEEN AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART, IN EXCESS OF THE PAYMENT COMPUTED BASED ON AN ELECTRONIC DATA FILE USED TO PRODUCE THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMIS- SIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST SUBMITTED FOR THE STATE FISCAL YEAR IN WHICH THE SCHOOL YEAR COMMENCES. S 10. The opening paragraph of section 3609-a of the education law, as amended by section 6 of part A of chapter 56 of the laws of 2015, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the 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 S. 6406--A 16 A. 9006--A 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 subdi- vision 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 school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". For aid payable in the two thousand fifteen--two thousand sixteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA151-6".] FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, "MONEYS APPORTIONED" SHALL MEAN THE LESSER OF: (I) THE SUM OF ONE HUNDRED PERCENT OF THE RESPECTIVE AMOUNT SET FORTH FOR EACH SCHOOL DISTRICT AS PAYABLE PURSUANT TO THIS SECTION IN THE SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST WHICH INCLUDES THE APPROPRIATION FOR THE GENERAL SUPPORT FOR PUBLIC SCHOOLS FOR THE PRESCRIBED PAYMENTS AND INDIVIDUALIZED PAYMENTS DUE PRIOR TO APRIL FIRST FOR THE CURRENT YEAR PLUS THE APPORTIONMENT PAYABLE DURING THE CURRENT SCHOOL YEAR PURSUANT TO SUBDIVISIONS SIX-A AND FIFTEEN OF SECTION THIRTY-SIX HUNDRED TWO OF THIS PART MINUS ANY REDUCTIONS TO 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 S. 6406--A 17 A. 9006--A 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. FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LIST- ING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "BT161-7". S 11. Subparagraphs 5, 6 and 7 of paragraph (e) of subdivision 3 of section 2853 of the education law, as added by section 5 of part BB of chapter 56 of the laws of 2014, are amended to read as follows: (5) For a new charter school whose charter is granted or for an exist- ing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity [before October first, two thousand sixteen], if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the lesser of: (A) the actual TOTAL rental cost of an alternative privately owned site selected by the charter school or (B) twenty percent of the product of the charter school's basic tuition for the current school year and (i) for a new charter school that first commences instruction on or after July first, two thousand fourteen, the charter school's current year enrollment; or (ii) for a charter school which expands its grade level, pursuant to this article, [before October first, two thousand sixteen,] the positive difference of the charter school's enrollment in the current school year minus the charter school's enrollment in the school year prior to the first year of the expansion. (6) [For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity on or after October first, two thousand sixteen, if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the maximum cost allow- ance established by the commissioner for leases aidable under subdivi- sion six of section thirty-six hundred two of this chapter. (7)] An arbitration in an appeal pursuant to this paragraph shall be conducted by a single arbitrator selected in accordance with this subparagraph from a list of arbitrators from the American arbitration association's panel of labor arbitrators, with relevant biographical information, submitted by such association to the commissioner pursuant to paragraph a of subdivision three of section three thousand twenty-a of this chapter. Upon request by the charter school, the commissioner shall forthwith send a copy of such list and biographical information simultaneously to the charter school and city school district. The parties shall, by mutual agreement, select an arbitrator from the list within fifteen days from receipt of the list, and if the parties fail to agree on an arbitrator within such fifteen day period or fail within such fifteen day period to notify the commissioner that an arbitrator has been selected, the commissioner shall appoint an arbitrator from the list to serve as the arbitrator. The arbitration shall be conducted in accordance with the American arbitration association's rules for labor arbitration, except that the arbitrator shall conduct a pre-hearing conference within ten to fifteen days of agreeing to serve and the arbi- S. 6406--A 18 A. 9006--A tration shall be completed and a decision rendered within the time frames prescribed for hearings pursuant to section three thousand twen- ty-a of this chapter. The arbitrator's fee shall not exceed the rate established by the commissioner for hearings conducted pursuant to section three thousand twenty-a of this chapter, and the cost of such fee, the arbitrator's necessary travel and other reasonable expenses, and all other hearing expenses shall be borne equally by the parties to the arbitration. S 11-a. Subdivision 6-g of section 3602 of the education law, as added by section 6 of part BB of chapter 56 of the laws of 2014, is amended to read as follows: 6-g. Charter schools facilities aid. a. The city school district of the city of New York, upon documenting that it has incurred total aggre- gate expenses of forty million dollars or more pursuant to [subpara- graphs] SUBPARAGRAPH five [and six] of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter, shall be eligible for an apportionment pursuant to this subdivision for its annual approved expenditures for the lease of space for charter schools incurred in the base year in accordance with paragraph (e) of subdivi- sion three of section twenty-eight hundred fifty-three of this chapter. b. The apportionment shall equal the product of (1) the sum of: [(A)] for aid payable for expenses incurred pursuant to subparagraph five of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the annual approved expenses incurred by the city school district pursuant to such subparagraph five[; and (B) for aid payable for expenses incurred pursuant to subparagraph six of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the actual annual approved rental expenses incurred pursuant to such subparagraph six] multiplied by (2) six-tenths. c. For purposes of this subdivision, the approved expenses attribut- able to a lease by a charter school of a privately owned site shall be the lesser of the actual TOTAL rent paid under the lease or the maximum cost allowance established by the commissioner for leases aidable under subdivision six of this section. d. Notwithstanding any provision of law to the contrary, amounts apportioned pursuant to this subdivision shall not be included in: (1) the allowable growth amount computed pursuant to paragraph dd of subdi- vision one of this section, (2) the preliminary growth amount computed pursuant to paragraph ff of subdivision one of this section, and (3) the allocable growth amount computed pursuant to paragraph gg of subdivision one of this section, and shall not be considered, and shall not be available for interchange with, general support for public schools. S 12. Subdivision 1 of section 2856 of the education law, as amended by chapter 378 of the laws of 2007, paragraph (a) as amended and para- graph (d) as added by section 3 of part BB of chapter 56 of the laws of 2014, paragraph (c) as added by chapter 375 of the laws of 2007, is amended to read as follows: 1. (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance, membership and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall report such enrollment, attendance and count of students with S. 6406--A 19 A. 9006--A disabilities to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition, which shall be: (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the two thousand sixteen--two thousand seventeen school year, an amount equal to one hundred percent of the amount calculated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; (iv) for the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen [and two thousand sixteen--two thousand seventeen] school years, the charter school basic tuition shall be the sum of the lesser of the charter school basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph or the charter school basic tuition computed for the current year pursuant to the provisions of subparagraph (i) of this paragraph plus the supplemental basic tuition; (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE (A) FOR A SCHOOL DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU- LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER OF THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION. For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen school year five hundred dollars, and (B) for a school district for S. 6406--A 20 A. 9006--A which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph. (b) The school district shall also pay directly to the charter school any federal or state aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides directly or indirectly. Notwithstanding anything in this section to the contrary, amounts payable pursuant to this subdivision from state or local funds may be reduced pursuant to an agreement between the school and the char- ter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district in six substantially equal installments each year beginning on the first business day of July and every two months thereafter. Amounts payable under this subdivision shall be determined by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter until actual enroll- ment data is reported to the school district by the charter school. Such projections shall be reconciled with the actual enrollment as actual enrollment data is so reported and at the end of the school's first year of operation and each subsequent year based on a final report of actual enrollment by the charter school, and any necessary adjustments result- ing from such final report shall be made to payments during the school's following year of operation. (c) Notwithstanding any other provision of this subdivision to the contrary, payment of the federal aid attributable to a student with a disability attending a charter school shall be made in accordance with the requirements of section 8065-a of title twenty of the United States code and sections 76.785-76.799 and 300.209 of title thirty-four of the code of federal regulations. (d) School districts shall be eligible for an annual apportionment equal to (A) the amount of the supplemental basic tuition paid to the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen[, and two thousand sixteen--two thousand seventeen] school years; AND (B) FOR THE EXPENSES INCURRED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER SCHOOL WHO RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR- TER SCHOOL IN THE BASE YEAR. S 13. Subdivision 1 of section 2856 of the education law, as amended by section 22 of part A of chapter 58 of the laws of 2011, paragraph (a) as amended and paragraph (c) as added by section 4 of part BB of chapter 56 of the laws of 2014, is amended to read as follows: 1. (a) The enrollment of students attending charter schools shall be included in the enrollment, attendance and, if applicable, count of students with disabilities of the school district in which the pupil resides. The charter school shall report all such data to the school districts of residence in a timely manner. Each school district shall S. 6406--A 21 A. 9006--A report such enrollment, attendance and count of students with disabili- ties to the department. The school district of residence shall pay directly to the charter school for each student enrolled in the charter school who resides in the school district the charter school basic tuition which shall be: (i) for school years prior to the two thousand nine--two thousand ten school year and for school years following the two thousand sixteen--two thousand seventeen school year, an amount equal to one hundred percent of the amount calculated pursuant to paragraph f of subdivision one of section thirty-six hundred two of this chapter for the school district for the year prior to the base year increased by the percentage change in the state total approved operating expense calculated pursuant to paragraph t of subdivision one of section thirty-six hundred two of this chapter from two years prior to the base year to the base year; (ii) for the two thousand nine--two thousand ten school year, the charter school basic tuition shall be the amount payable by such district as charter school basic tuition for the two thousand eight--two thousand nine school year; (iii) for the two thousand ten--two thousand eleven through two thou- sand thirteen--two thousand fourteen school years, the charter school basic tuition shall be the basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph; (iv) for the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen [and two thousand sixteen--two thousand seventeen] school years, the charter school basic tuition shall be the sum of the lesser of the charter school basic tuition computed for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph or the charter school basic tuition computed for the current year pursuant to the provisions of subparagraph (i) of this paragraph plus the supplemental basic tuition[.]; (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE CHARTER SCHOOL BASIC TUITION SHALL BE (A) FOR A SCHOOL DISTRICT LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO ONE HUNDRED PERCENT OF THE AMOUNT CALCULATED PURSUANT TO PARAGRAPH F OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FOR THE SCHOOL DISTRICT FOR THE YEAR PRIOR TO THE BASE YEAR INCREASED BY THE PERCENTAGE CHANGE IN THE STATE TOTAL APPROVED OPERATING EXPENSE CALCU- LATED PURSUANT TO PARAGRAPH T OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS CHAPTER FROM TWO YEARS PRIOR TO THE BASE YEAR TO THE BASE YEAR OR (B) FOR ALL OTHER SCHOOL DISTRICTS, THE SUM OF THE LESSER OF THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH OR THE CHARTER SCHOOL BASIC TUITION COMPUTED FOR THE CURRENT YEAR PURSUANT TO THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH PLUS THE SUPPLEMENTAL BASIC TUITION. For the purposes of this subdivision, the "supplemental basic tuition" shall be (A) for a school district for which the charter school basic tuition computed for the current year is greater than or equal to the charter school basic tuition for the two thousand ten--two thousand eleven school year pursuant to the provisions of subparagraph (i) of this paragraph, (1) for the two thousand fourteen--two thousand fifteen school year two hundred and fifty dollars, and (2) for the two thousand fifteen--two thousand sixteen school year three hundred and fifty dollars, and (3) for the two thousand sixteen--two thousand seventeen S. 6406--A 22 A. 9006--A school year five hundred dollars, and (B) for a school district for which the charter school basic tuition for the two thousand ten--two thousand eleven school year is greater than the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph, the positive difference of the charter school basic tuition for the two thousand ten--two thousand eleven school year minus the charter school basic tuition for the current year pursuant to the provisions of subparagraph (i) of this paragraph. (b) The school district shall also pay directly to the charter school any federal or state aid attributable to a student with a disability attending charter school in proportion to the level of services for such student with a disability that the charter school provides directly or indirectly. Notwithstanding anything in this section to the contrary, amounts payable pursuant to this subdivision may be reduced pursuant to an agreement between the school and the charter entity set forth in the charter. Payments made pursuant to this subdivision shall be made by the school district in six substantially equal installments each year begin- ning on the first business day of July and every two months thereafter. Amounts payable under this subdivision shall be determined by the commissioner. Amounts payable to a charter school in its first year of operation shall be based on the projections of initial-year enrollment set forth in the charter. Such projections shall be reconciled with the actual enrollment at the end of the school's first year of operation, and any necessary adjustments shall be made to payments during the school's second year of operation. (c) School districts shall be eligible for an annual apportionment equal to (A) the amount of the supplemental basic tuition paid to the charter school in the base year for the expenses incurred in the two thousand fourteen--two thousand fifteen[,] AND two thousand fifteen--two thousand sixteen[, and two thousand sixteen--two thousand seventeen] school years; AND (B) FOR THE EXPENSES INCURRED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR: (I) FOR SCHOOL DISTRICTS LOCATED IN A CITY OF ONE MILLION OR MORE INHABITANTS, AN AMOUNT EQUAL TO FIVE HUNDRED DOLLARS FOR EACH STUDENT ENROLLED IN A CHARTER SCHOOL WHO RESIDES IN THE SCHOOL DISTRICT IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, OR (II) FOR ALL OTHER SCHOOL DISTRICTS, AN AMOUNT EQUAL TO THE AMOUNT OF THE SUPPLEMENTAL BASIC TUITION PAID TO THE CHAR- TER SCHOOL IN THE BASE YEAR. S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of subdi- vision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, are amended to read as follows: (i) determine the number of pupils tested who scored below the state- wide reference point as determined by the commissioner on each test administered pursuant to this subparagraph, plus pupils, other than pupils with disabilities and ENGLISH LANGUAGE LEARNER pupils [with limited English proficiency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district employing eight or more teachers in such years but not operating each grade may use the percentage computed pursuant to this paragraph for the district which in such years enrolled the greatest number of pupils in such grade from such district; (ii) divide the sum of such numbers by the number of such pupils who took each of such tests, plus pupils, other than pupils with disabili- ties and ENGLISH LANGUAGE LEARNER pupils [with limited English profi- ciency] as defined by the commissioner who are exempt from taking such S. 6406--A 23 A. 9006--A tests, provided, however, that a district which in any of the applicable school years did not maintain a home school or employed fewer than eight teachers, and which in the base year employed eight or more teachers, may use the scores in a later test as designated by the commissioner for the purposes of this paragraph; S 15. Paragraph o of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall mean the number of pupils served in the base year in programs for pupils with limited English proficiency approved by the commissioner pursuant to the provisions of this chapter and in accordance with regulations adopted for such purpose. S 16. Paragraph b of subdivision 2 of section 3602-d of the education law, as added by chapter 792 of the laws of 1990, is amended to read as follows: (b) "Disadvantaged" shall mean individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in work-prep programs. Such term includes individuals who are: members of economically disadvantaged families as set forth in regulations promul- gated by the department pursuant to sections sixty-four hundred fifty- one and sixty-four hundred fifty-two of this chapter or as set forth in the Federal Job Training Partnership Act of nineteen hundred eighty-two (PL 97-300) (29 U.S.C.A. S 1501 et seq.); migrants; [individuals who have limited English proficiency] ENGLISH LANGUAGE LEARNERS; and indi- viduals who are identified as potential dropouts from secondary school. S 17. Paragraph d of subdivision 4 of section 3602-f of the education law, as added by section 83-a of part L of chapter 405 of the laws of 1999, is amended to read as follows: d. [Limited English proficient] ENGLISH LANGUAGE LEARNER pupil count as defined in paragraph o of subdivision one of section thirty-six hundred two of this article. S 18. Section 3604 of the education law is amended by adding a new subdivision 13 to read as follows: 13. FOR PURPOSES OF THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND "LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER". S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of section 3641 of the education law, as added by section 2 of part B of chapter 58 of the laws of 2011, is amended to read as follows: (B) [students with limited English proficiency and] students who are English language learners; S 20. The education law is amended by adding a new section 4403-a to read as follows: S 4403-A. WAIVERS FROM CERTAIN DUTIES. 1. A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY SUBMIT AN APPLICATION FOR A WAIVER FROM ANY REQUIREMENT IMPOSED ON SUCH DISTRICT, SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, AND REGULATIONS PROMULGATED THEREUNDER, FOR A SPECIFIC SCHOOL YEAR. SUCH APPLICATION SHALL BE SUBMITTED AT LEAST SIXTY DAYS IN ADVANCE OF THE PROPOSED DATE ON WHICH THE WAIVER WOULD BE EFFECTIVE AND SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER. 2. BEFORE SUBMITTING AN APPLICATION FOR A WAIVER, THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE NOTICE OF THE PROPOSED WAIVER TO THE PARENTS OR S. 6406--A 24 A. 9006--A PERSONS IN PARENTAL RELATIONSHIP TO THE STUDENTS THAT WOULD BE IMPACTED BY THE WAIVER IF GRANTED. SUCH NOTICE SHALL BE IN A FORM AND MANNER THAT WILL ENSURE THAT SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP WILL BE AWARE OF ALL RELEVANT CHANGES THAT WOULD OCCUR UNDER THE WAIVER, AND SHALL INCLUDE INFORMATION ON THE FORM, MANNER AND DATE BY WHICH PARENTS MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED WAIVER. THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL PROVIDE AT LEAST SIXTY DAYS FOR SUCH PARENTS AND PERSONS IN PARENTAL RELATIONSHIP TO SUBMIT WRITTEN COMMENTS, AND SHALL INCLUDE IN THE WAIVER APPLICATION SUBMITTED TO THE COMMISSIONER PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANY WRITTEN COMMENTS RECEIVED FROM SUCH PARENTS OR PERSONS IN PARENTAL RELATION TO SUCH STUDENTS. 3. THE COMMISSIONER MAY GRANT A WAIVER FROM ANY REQUIREMENT IMPOSED ON A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OR SECTION FORTY-FOUR HUNDRED THREE OF THIS ARTICLE, UPON A FINDING THAT SUCH WAIVER WILL ENABLE A LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES TO IMPLEMENT AN INNOVATIVE SPECIAL EDUCATION PROGRAM THAT IS CONSISTENT WITH APPLICABLE FEDERAL REQUIREMENTS, AND WOULD ENHANCE STUDENT ACHIEVEMENT AND/OR OPPORTUNITIES FOR PLACEMENT IN REGULAR CLASSES AND PROGRAMS. IN MAKING SUCH DETERMI- NATION, THE COMMISSIONER SHALL CONSIDER ANY COMMENTS RECEIVED BY THE LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES FROM PARENTS OR PERSONS IN PARENTAL RELATION TO THE STUDENTS THAT WOULD BE DIRECTLY AFFECTED BY THE WAIVER IF GRANTED. 4. ANY LOCAL SCHOOL DISTRICT, APPROVED PRIVATE SCHOOL OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES GRANTED A WAIVER SHALL SUBMIT AN ANNUAL REPORT TO THE COMMISSIONER REGARDING THE OPERATION AND EVALUATION OF THE PROGRAM NO LATER THAN THIRTY DAYS AFTER THE END OF EACH SCHOOL YEAR FOR WHICH A WAIVER IS GRANTED. S 21. Notwithstanding any provision of law to the contrary, for the 2016-2017 school year and thereafter, any pre-kindergarten program receiving state funds that is identified by the office of children and family services, the department of health and mental hygiene of the city of New York, or the state education department as needing extraordinary quality support shall participate in QUALITYstarsNY as a condition of continued receipt of state funds, unless such participation would be contrary to an existing contract with the department. The state educa- tion department shall include such participation as a condition of continued receipt of state funds in any new contract or contract renewal or application for renewal of funding for any state-funded pre-kinder- garten program for the 2016-2017 school year or thereafter. S 22. Notwithstanding any provision of law, rule, or regulation to the contrary, there shall be an empire state pre-kindergarten grant board as follows: 1. Creation. (a) The empire state pre-kindergarten grant board ("the board") is hereby created to have and exercise the powers, duties and prerogatives provided by the provisions of this section and any other provision of law. The board shall remain in existence during the period from the effective date of this section through the date on which the last of the funds available for grants for programs listed in paragraph (a) of subdivision 2 of this section are disbursed. (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 S. 6406--A 25 A. 9006--A of the speaker of the assembly. The term of the members first appointed shall continue until March 31, 2017, and thereafter their successors 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 provision 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 or other board of any school district, program or other entity offering pre-kindergar- ten services, and every New York state regent and every officer or employee of the board of regents or the department of education 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. Powers, functions, duties and administration of the empire state pre-kindergarten grant board. (a) Notwithstanding any provision of section 3602-ee of the education law or any other provision of law to the contrary, the empire state pre-kindergarten grant board shall have the power, and it shall be its duty, to distribute all new grant awards for the following pre-kinder- garten programs via a competitive request for proposals process: (i) the statewide universal full-day pre-kindergarten program pursuant to section 3602-ee of the education law; (ii) the empire state pre-kindergarten grants for three-year-old chil- dren established pursuant to a chapter of the laws of 2016; (iii) the priority pre-kindergarten program established pursuant to chapter 53 of the laws of 2013; and (iv) the pre-kindergarten grants for three and four year old children established pursuant to chapter 53 of the laws of 2015. (b) The office of children and family services shall serve as staff to the empire state pre-kindergarten grant board, with the cooperation of any other state agency, and shall assist in tasks including but not limited to the drafting of any requests for proposals, the scoring of applications pursuant to the criteria in such requests for proposals, the preparation of draft award lists, and the preparation of any other S. 6406--A 26 A. 9006--A information or materials which would assist the board in carrying out its duties. (c) Notwithstanding any provision of law to the contrary, the board shall have final approval authority over any request for proposals used to distribute any grant funding for pre-kindergarten programs pursuant to paragraph (a) of this subdivision, provided that any request for proposals issued after the effective date of this section shall contain a requirement that any awardee identified by the office of children and family services, the department of health and mental hygiene of the city of New York, or the state education department as needing extraordinary quality support shall participate in QUALITYstarsNY as a condition of continued receipt of state funds. (d) Notwithstanding any provision of law to the contrary, the board shall have final approval authority for any grant awards for pre-kinder- garten programs pursuant to paragraph (a) of this subdivision. (e) On behalf of and at the direction of the board, the state educa- tion department shall enter into a contract with any school district, program, or other entity awarded a grant pursuant to this section. (f) Except as explicitly set forth herein, nothing in this section shall be construed to alter or amend the program administration and other requirements of the grant programs listed in paragraph (a) of this subdivision. 3. Reporting. The empire state pre-kindergarten grant board shall, annually on or before December first, prepare and submit an annual report to the governor and the chair of the assembly ways and means committee and the chair of the senate finance committee. Such report shall contain at a minimum the following information: (i) a list of all applications filed by any entity for a grant distributed by the pre-kin- dergarten grant board, including the name of the applying entity, the grant program applied for, and the amount of the grant requested; (ii) a list of the applications granted by the board specifying the amount of the grant approved if such amount is different from the amount applied for; (iii) a statement showing the dollar amount of all grants approved by the board and the dollar amount of the remaining available capacity for future grants; and (iv) a statement showing the numbers of new full- day slots, new half-day slots, and slots converted from half-day to full-day as a result of such grants. S 23. Subdivision 16 of 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: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [sixteen] SEVENTEEN; provided that the program shall continue and remain in full effect. S 24. Paragraph b of subdivision 6-c of section 3602 of the education law, as added by chapter 1 of the laws of 2013, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen and before the first day of July [two thousand sixteen] TWO THOUSAND SEVEN- S. 6406--A 27 A. 9006--A TEEN such additional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivision six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdivision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa- tion law relating to contracts for the transportation of school chil- dren, as amended by chapter 116 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2017] 2020, when upon such date the provisions of this act shall be deemed repealed. S 26. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 8 of part A of chapter 56 of the laws of 2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN. S 27. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2015, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [sixteen] SEVENTEEN of the S. 6406--A 28 A. 9006--A [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a popu- lation of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursu- ant to this subdivision, the commissioner shall be authorized to termi- nate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 28. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 13 of part A of chapter 56 of the laws of 2015, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section 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, reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or 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, AND REIMBURSEMENT FOR THE 2016--2017 SCHOOL YEAR SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS EIGHTY 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 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) S. 6406--A 29 A. 9006--A 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; WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION THREE HUNDRED EIGHTY-TWO THOUSAND TWO HUNDRED ELEVEN (1,382,211). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. S 29. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion u to read as follows: U. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER SHALL WITHHOLD A PORTION OF EMPLOYMENT PREPARATION EDUCATION AID DUE TO THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO SUPPORT A PORTION OF THE COSTS OF THE WORK FORCE EDUCATION PROGRAM. SUCH MONEYS SHALL BE CREDITED TO THE ELEMENTARY AND SECONDARY EDUCATION FUND LOCAL ASSISTANCE ACCOUNT AND SHALL NOT EXCEED ELEVEN MILLION FIVE HUNDRED THOUSAND DOLLARS ($11,500,000). S 30. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 15 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2016] 2017. S 31. Section 99-u of the state finance law, as added by section 2 of part GG of chapter 59 of the laws of 2013, subdivision 2-a as added by chapter 453 of the laws if 2015, is amended to read as follows: S 99-u. New York state teen health education fund. 1. There is hereby established in the JOINT custody of the STATE COMPTROLLER AND commis- sioner of taxation and finance a special [account] FUND to be known as the "New York state teen health education fund". 2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section six hundred thirty-c of the tax law and all other moneys appropriated there- to from any other fund or source pursuant to law. Nothing contained in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 2-a. On or before the first day of February each year, the commission- er of [health] EDUCATION shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on health, chair of the assembly health commit- tee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: (i) the amount of money dispersed from the fund and the award process used for such disbursements; (ii) recipients of awards from the fund; S. 6406--A 30 A. 9006--A (iii) the amount awarded to each; (iv) the purposes for which such awards were granted; and (v) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. 3. [The moneys in said account shall be retained by the fund and shall be released by the commissioner of taxation and finance only upon certificates signed by the commissioner of education or his or her designee and only for the purposes set forth in this section.] MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMP- TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA- TION. 4. The moneys in such fund shall be expended for the purpose of supplementing educational programs in schools for health and awareness of issues facing teens today when it comes to their health. Eligible health programs are those with an established curriculum providing instruction on alcohol, tobacco and other drug abuse prevention, the causes and problems associated with teen obesity, and for awareness of the symptoms of teen endometriosis. S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018. S 33. 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 17 of part A of chapter 56 of the laws of 2015, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2016] 2017 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, [2016] 2017; S 34. Section 12 of chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, S. 6406--A 31 A. 9006--A charter school or BOCES employees, as amended by section 19 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017 when upon such date the provisions of this act shall be deemed repealed. S 35. 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 20 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 36. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 21 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 37. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2016--2017 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 38. 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 2017 and not later than the last day of the third full business week of June 2017, 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, 2017, for salary expenses incurred between April 1 and June 30, 2016 and such apportionment shall not exceed the sum of (i) the 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. S. 6406--A 32 A. 9006--A b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 39. 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, 2017, 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, 2017 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance S. 6406--A 33 A. 9006--A 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 40. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 41. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2016--2017 school year, as a non-component school district, services required by article 19 of the education law. S 42. 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 2016--2017 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) S. 6406--A 34 A. 9006--A for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); to the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); to the Port Chester city school district, one million one hundred fifty thousand dollars ($1,150,000); to the White Plains city school district, nine hundred thousand dollars ($900,000); to the Niagara Falls city school district, six hundred thousand dollars ($600,000); to the Albany city school district, three million five hundred fifty thousand dollars ($3,550,000); to the Utica city school district, two million dollars ($2,000,000); to the Beacon city school district, five hundred sixty-six thousand dollars ($566,000); to the Middletown city school district, four hundred thousand dollars ($400,000); to the Freeport union free school district, four hundred thousand dollars ($400,000); to the Green- burgh central school district, three hundred thousand dollars ($300,000); to the Amsterdam city school district, eight hundred thou- sand dollars ($800,000); to the Peekskill city school district, two hundred thousand dollars ($200,000); and to the Hudson city school district, four hundred thousand dollars ($400,000). Notwithstanding the provisions of this section, a school district receiving a grant pursuant to this section may use such grant funds for: (i) any instructional or instructional support costs associated with the operation of a magnet school; or (ii) any instructional or instructional support costs associ- ated with implementation of an alternative approach to reduction of racial isolation and/or enhancement of the instructional program and raising of standards in elementary and secondary schools of school districts having substantial concentrations of minority students. The commissioner of education shall not be authorized to withhold magnet grant funds from a school district that used such funds in accordance with this section, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2016--2017 school year, for any city school district in a city having a population of more than one million, the set aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2016--2017 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 section to community-based organ- izations. Any increase required pursuant to this section 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 2016--2017 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seventy-six thousand dollars S. 6406--A 35 A. 9006--A ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this section shall be distributed among teachers including prekindergarten teachers and teachers of adult vocational and academic subjects in accordance with this section and shall be in addition to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distributed pursuant to former subdivi- sion 27 of section 3602 of the education law for prior years. In school districts where the teachers are represented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by separate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agree- ment between a school district and a certified or recognized employee organization. S 43. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2016 enacting the aid to localities budget shall be apportioned for the 2016-2017 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2016-2017 by a chapter of the laws of 2016 enacting the education, labor and family assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 44. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 45. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2016, provided, however, that: S. 6406--A 36 A. 9006--A 1. Sections one, six, seven, eight, nine, ten, twenty-six, twenty-sev- en, twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two of this act shall take effect July 1, 2016. 2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of the education law made by section seven of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. 3. The amendments to subdivision 1 of section 2856 of the education law made by section twelve of this act shall be subject to the expira- tion and reversion of such subdivision pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section thirteen of this act shall take effect. 4. The amendments to chapter 756 of the laws of 1992, amending the education law relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twwnty-eight and twenty-nine of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 5. Section thirty-three 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 Section 1. Section 2801-a of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 380 of the laws of 2001, is amended to read as follows: S 2801-a. School safety plans. 1. The board of education or trustees, as defined in section two of this chapter, of every school district within the state, however created, and every board of cooperative educa- tional services and county vocational education and extension board and the chancellor of the city school district of the city of New York shall adopt and amend a comprehensive district-wide school safety plan and building-level [school safety] EMERGENCY RESPONSE plans regarding crisis intervention, emergency response and management, provided that in the city school district of the city of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level school safety team established pursuant to subdivision four of this section and shall be in a form developed by the commissioner in consul- tation with the division of criminal justice services, the superinten- dent of the state police and any other appropriate state agencies. [A school district having only one school building, shall develop a single building-level school safety plan, which shall also fulfill all require- ments for development of a district-wide plan.] 2. Such comprehensive district-wide safety plan shall be developed by the district-wide school safety team and shall include at a minimum: a. policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school; b. policies and procedures for responding to acts of violence by students, teachers, other school personnel as well as visitors to the school, including consideration of zero-tolerance policies for school violence; c. appropriate prevention and intervention strategies such as: (i) collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other S. 6406--A 37 A. 9006--A security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited; (ii) non-violent conflict resolution training programs; (iii) peer mediation programs and youth courts; and (iv) extended day and other school safety programs; d. policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident; e. policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident; f. policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures; g. policies and procedures for the dissemination of informative mate- rials regarding the early detection of potentially violent behaviors, including but not limited to the identification of family, community and environmental factors, to teachers, administrators, school personnel, persons in parental relation to students of the district, students and other persons deemed appropriate to receive such information; h. policies and procedures for annual school safety training for staff and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION- ER THAT ALL STAFF HAVE UNDERGONE ANNUAL TRAINING ON THE EMERGENCY RESPONSE PLAN BY SEPTEMBER FIFTEENTH OF EACH SCHOOL YEAR OR WITHIN TEN DAYS OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON VIOLENCE PREVENTION AND MENTAL HEALTH; i. protocols for responding to bomb threats, hostage-takings, intru- sions and kidnappings; j. strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence; [and] k. a description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity; AND 1. THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG- NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT- ING COMMUNICATION BETWEEN SCHOOL STAFF AND LAW ENFORCEMENT AND FIRST RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE- TY PLAN. THE CHIEF EMERGENCY OFFICER SHALL ALSO BE RESPONSIBLE FOR ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY RESPONSE PLANS. 3. A school emergency response plan, developed by the building-level school safety team defined in subdivision four of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT NOT LIMITED TO THE FLOOR PLANS, BLUE- PRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOL GROUNDS AND ROAD MAPS OF THE IMMEDIATE SURROUNDING AREA, AND SHALL NOT BE DISCLOSED EXCEPT TO AUTHORIZED DEPARTMENT OR SCHOOL STAFF, AND LAW ENFORCEMENT OFFICERS, AND SHALL include the following elements: a. policies and procedures for [the safe evacuation of students, teachers, other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for address- S. 6406--A 38 A. 9006--A ing medical needs, transportation and emergency notification to persons in parental relation to a student. For purposes of this subdivision, "serious violent incident" means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff, as defined in regulations of the commissioner developed in conjunction with the division of criminal justice services] RESPONSE TO EMERGENCY SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION, SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM, EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI- ANS; b. designation of an emergency response team comprised of school personnel, [local] law enforcement officials, FIRE OFFICIALS and repre- sentatives from local regional and/or state emergency response agencies, other appropriate incident response teams, and a post-incident response team that includes appropriate school personnel, medical personnel, mental health counselors and others who can assist the school community in coping with the aftermath of a violent incident; c. [procedures for assuring that crisis response and law enforcement officials have access to] floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immedi- ate surrounding area; d. establishment of internal and external communication systems in emergencies; e. definition of the chain of command in a manner consistent with the national interagency incident management system/incident command system; f. coordination of the school safety plan with the state-wide plan for disaster mental health services to assure that the school has access to federal, state and local mental health resources in the event of a violent incident; g. procedures for review and the conduct of drills and other exercises to test components of the emergency response plan; and h. policies and procedures for securing and restricting access to the crime scene in order to preserve evidence in cases of violent crimes on school property. 4. Each district-wide school safety team shall be appointed by the board of education, or the chancellor in the case of the city school district of the city of New York, and shall include but not be limited to representatives of the school board, [student,] teacher, administra- tor, and parent organizations, school safety personnel, and other school personnel. Each building-level school safety team shall be appointed by the building principal, in accordance with regulations or guidelines prescribed by the board of education, chancellor or other governing body. Such building-level teams shall include but not be limited to representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, [local] law enforcement officials, [local ambulance] FIRE OFFICIALS or other emergency response agencies, and any other representatives the board of education, chancellor or other governing body deems appropri- ate. 5. [Each safety plan shall be reviewed by the appropriate school safe- ty team on at least an annual basis, and updated as needed] THE DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS AND UPDATED AS NEEDED. S. 6406--A 39 A. 9006--A 6. Each board of education, chancellor or other governing body shall make each district-wide [and building-level school] safety plan avail- able for public comment at least thirty days prior to its adoption[, provided that only a summary of each building-level emergency response plan shall be made available for public comment]. Such district-wide [and building-level] plans may be adopted by the school board only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. Each district shall file a copy of its district-wide [comprehensive] safety plan with the commissioner and all amendments to such plan shall be filed with the commissioner no later than thirty days after their adoption. [A] 7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR OFFICER SHALL ENSURE A copy of each building-level [safety] EMERGENCY RESPONSE plan and any amendments thereto, shall be filed with the appro- priate local law enforcement agency and with the state police within thirty days of its adoption. Building-level emergency response plans shall be confidential and shall not be subject to disclosure under arti- cle six of the public officers law or any other provision of law. If the board of education, chancellor or other governing body or chancellor fails to file such plan as required by this section, the commissioner may, in an amount determined by the commissioner, withhold public money from the district until the district is in compliance. [7. The commissioner may grant a waiver of the requirements of this section to any school district or board of cooperative educational services for a period of up to two years from the date of enactment upon a finding by the commissioner that such district had adopted a compre- hensive school safety plan on the effective date of this section which is in substantial compliance with the requirements of this section.] 8. The commissioner shall annually report to the governor and the legislature on the implementation and compliance with the provisions of this section. 9. Whenever it shall have been demonstrated to the satisfaction of the commissioner that a school district has failed to adopt a code of conduct which fully satisfies the requirements of section twenty-eight hundred one of this article, or a [school safety plan] DISTRICT-WIDE SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies the requirements of this section, or to faithfully and completely imple- ment [either or both] ALL THREE, the commissioner may, on thirty days notice to the district, withhold from the district monies to be paid to such district for the current school year pursuant to section thirty-six hundred nine-a of this chapter, exclusive of monies to be paid in respect of obligations to the retirement systems for school and district staff and pursuant to collective bargaining agreements, or the commis- sioner may direct the district to expend up to such amount upon the development and implementation of a code of conduct and a school district safety plan as required by such sections. Prior to such with- holding or redirection, the commissioner shall provide the district an opportunity to present evidence of extenuating circumstances; when combined with evidence that the district shall promptly comply within short time frames that shall be established by the commissioner as part of an agreement between the district and the commissioner, the commis- sioner may temporarily stay the withholding or redirection of funds pending implementation of such agreement. If the district promptly and fully complies with the agreement and is in full compliance with this section and section twenty-eight hundred one of this article, the S. 6406--A 40 A. 9006--A commissioner shall abate the withholding in its entirety. Any failure to meet the obligations of the compliance agreement by the district within the time frames established shall be considered a willful violation of a commissioner's order by the members of the district board for purposes of subdivision one of section three hundred six of the education law. Notwithstanding any other law, rule or regulation, such transfer shall take effect upon filing of a notice thereof with the director of the budget and the chairs of the senate finance and assembly ways and means committees. S 2. The section heading and subdivisions 1 and 1-a of section 807 of the education law, the section heading as amended by chapter 765 of the laws of 1964, subdivision 1 as amended by chapter 143 of the laws of 1985 and subdivision 1-a as added by chapter 9 of the laws of 1991, are amended to read as follows: Fire AND EMERGENCY drills. 1. It shall be the duty of the principal or other person in charge of every public or private school or educa- tional institution within the state, other than colleges or universi- ties, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to [leave the school building] RESPOND APPROPRIATELY in the shortest possible time and without confusion or panic. Such drills [or rapid dismissals] shall be held at least twelve times in each school year, eight of which required drills shall be held between September first and December [first] THIRTY-FIRST of each such year. [At least one-third of all such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. In the course of at least one such drill, pupils shall be instructed in the procedure to be followed in the event that a fire occurs during lunch period, provided however, that such additional instruction may be waived where a drill is held during the regular school lunch period. At least four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS. FOUR OF ALL SUCH REQUIRED DRILLS SHALL BE LOCK-DOWN DRILLS. DRILLS SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY WITH AT LEAST ONE OF THE EIGHT REQUIRED EVACUATION DRILLS OCCURRING DURING A MASS GATHERING EVENT SUCH AS LUNCH OR ASSEMBLIES. FOUR additional drills shall be held in each school year during the hours after sunset and before sunrise in school buildings in which students are provided with sleeping accommodations. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one of such drills shall be held during the first week of summer school. 1-a. In the case of after-school programs, events or performances which are conducted within a school building and which include persons who do not regularly attend classes in such school building, the princi- pal or other person in charge of the building shall require the teacher or person in charge of such after-school program, event or performance to notify persons in attendance at the beginning of each such program, event or performance, of the procedures to be followed in the event of an emergency so that they may be able to [leave the building] RESPOND in a timely, orderly manner. S 3. Subdivision 7 of section 3604 of the education law, as amended by section 31 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 7. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public S. 6406--A 41 A. 9006--A schools were actually in session in the district and taught by a quali- fied teacher or by successive qualified teachers or by qualified teach- ers for not less than one hundred eighty days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this chapter in the current year shall be reduced by one one-hundred eight- ieth of the district's total foundation aid for each day less than one hundred eighty days that the schools of the district were actually in session, except that the commissioner may disregard such reduction, up to five days, in the apportionment of public money, if he finds that the schools of the district were not in session for one hundred eighty days because of extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemi- cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER- MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school building either in whole or in part, and if, further, the commissioner finds that such district cannot make up such days of instruction by using for the secondary grades all scheduled vacation days which occur prior to the first scheduled regents examination day in June, and for the elementary grades all scheduled vacation days which occur prior to the last sched- uled regents examination day in June. For the purposes of this subdivi- sion, "scheduled vacation days" shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session. S 4. This act shall take effect July 1, 2016. PART C Section 1. Subparagraphs a and b of paragraph 2 of subdivision A of section 6221 of the education law, as added by chapter 305 of the laws of 1979, is amended to read as follows: a. Notwithstanding any other provision of law, the city of New York shall appropriate in its expense budget and pay to the account of the senior colleges of the city university of New York as operating aid amounts in accordance with the following schedule: (i) For the twelve-month period commencing July first, nineteen hundred seventy-nine, an amount equal to the lesser of fifty-eight million, three hundred ninety-three thousand dollars ($58,393,000) or twenty-five per centum of the net operating expenses of such senior college programs and services, as certified by the comptroller of the state of New York to be properly chargeable to such twelve-month period; (ii) For the twelve-month period commencing July first, nineteen hundred eighty, an amount equal to eighty per centum of the amount spec- ified in (i) of subparagraph a of this paragraph. (iii) For the twelve-month period commencing July first, nineteen hundred eighty-one, an amount equal to forty per centum of the amount specified in (i) of subparagraph a of this paragraph. [b.] (IV) For the [twelve-month] period commencing July first, nine- teen hundred eighty-two and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN, the city of New York shall not be required to make any appropriation in support of the net operating expenses of the programs and services of the senior colleges of the city university. (V) FOR THE TWELVE-MONTH PERIOD COMMENCING JULY FIRST, TWO THOUSAND SIXTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER, AN AMOUNT EQUAL TO THIRTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS AND SERVICES OF THE SENIOR COLLEGES, PLUS AN ADDITIONAL AMOUNT EQUAL TO S. 6406--A 42 A. 9006--A THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND CAPITAL CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE- MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD. S 2. Subparagraph c of paragraph 2 of subdivision A of section 6221 of the education law is relettered subparagraph b. S 3. Subparagraph d of paragraph 2 of subdivision A of section 6221 of the education law is relettered subparagraph c. S 4. Subparagraph e of paragraph 2 of subdivision A of section 6221 of the education law, as added by chapter 815 of the laws of 1980 and the opening paragraph and item (iii) as amended by chapter 87 of the laws of 2002, is amended to read as follows: [e.] D. In addition to the amounts specified in subparagraph a of this paragraph [and notwithstanding the provisions of subparagraph b of this paragraph], the city of New York shall appropriate in its expense budget and pay to the account of the senior colleges of the city university of New York as the city's share of operating aid for the college of Staten Island and New York city college of technology amounts in accordance with the following schedule: (i) For the twelve month period commencing July first, nineteen hundred eighty, an amount that shall equal four million, one hundred thousand dollars ($4,100,000). (ii) For the twelve month period commencing July first, nineteen hundred eighty-one, an amount equal to one-half of the amount specified in clause (i) of this subparagraph. (iii) For the [twelve month] period commencing July first, nineteen hundred eighty-two, and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN the city of New York shall not be required to make any appropri- ation for operating aid for the college of Staten Island and New York city college of technology. S 5. Paragraph 4 of subdivision A of section 6221 of the education law, as added by chapter 305 of the law of 1979, is amended to read as follows: 4. [Commencing] NOTWITHSTANDING THE PROVISION OF ANY LAW, RULE OR REGULATION TO THE CONTRARY, (A) COMMENCING with the twelve-month period beginning July first, nineteen hundred eighty-two and [thereafter] ENDING JUNE THIRTIETH, TWO THOUSAND SIXTEEN, the state shall reimburse to the city of New York one hundred per centum of the net operating expenses of the approved programs and services of the senior colleges[.]; AND (B) COMMENCING WITH THE TWELVE-MONTH PERIOD BEGINNING JULY FIRST, TWO THOUSAND SIXTEEN AND FOR EACH TWELVE-MONTH PERIOD THEREAFTER, THE STATE SHALL REIMBURSE TO THE CITY OF NEW YORK SEVENTY PER CENTUM OF THE NET OPERATING EXPENSES OF THE APPROVED PROGRAMS AND SERVICES OF THE SENIOR COLLEGES LESS AN ADDITIONAL AMOUNT EQUAL TO THIRTY PER CENTUM OF THE CITY UNIVERSITY SENIOR COLLEGE DEBT SERVICE AND CAPITAL CONSTRUCTION ADMINISTRATIVE EXPENSE FOR THE TWELVE-MONTH PERIOD FIRST BEGINNING APRIL FIRST, TWO THOUSAND FOURTEEN AND FOR EACH TWELVE MONTH PERIOD THEREAFTER AS CERTIFIED BY THE DIRECTOR OF THE BUDGET TO BE PROPERLY CHARGEABLE TO SUCH TWELVE-MONTH PERIOD. S 6. Subdivision D of section 6221 of the education law, as added by chapter 815 of the laws of 1980 and as relettered by chapter 585 of the laws of 1988, is amended to read as follows: D. College of Staten Island. Notwithstanding the designation of the college of Staten Island as a senior college: S. 6406--A 43 A. 9006--A (i) the city of New York shall annually appropriate in its expense budget and pay to the city university of New York, as operating aid in support of the programs and services of the college of Staten Island, an amount for each full-time equivalent student in the associate degree program of the college equal to the amount the city of New York is appropriating and paying for each full-time equivalent student in the community colleges; (ii) and the state of New York shall annually appropriate and pay to the city university of New York an amount equal to [the net operating] ITS SHARE OF expenses of the college of Staten Island less the amount payable by the city of New York pursuant to this [subdivision] SECTION. Such state of New York payment shall be made in four installments on or before April twenty-fifth, June twenty-fifth, October twenty-fifth and January twenty-fifth. The amount to be paid by the city of New York pursuant to this subdivision shall be determined by the state director of the budget, based upon information submitted by the mayor in such form and content and at such time as may be [requred] REQUIRED by the state director of the budget. S 7. Subdivision E of section 6221 of the education law, as added by chapter 170 of the laws of 1994, paragraph (i) as amended by section 2 and paragraph (ii) as renumbered by section 3 of part HH of chapter 57 of the laws of 2009, is amended to read as follows: E. Medgar Evers college. Notwithstanding the designation of Medgar Evers college as a senior college: (i) in addition to the amounts specified in subparagraph e of para- graph two of subdivision A of this section, the city of New York shall annually appropriate in its expense budget and pay to the city universi- ty of New York as operating aid in support of the programs and services, an amount for each full-time equivalent student in the associate degree program of the college equal to the amount the city of New York is appropriating and paying for each full-time equivalent student in the community colleges; and (ii) the state of New York shall annually appropriate and pay to the city of New York on behalf of the city university of New York an amount equal to [the net operating] ITS SHARE OF expenses of Medgar Evers college less the amount payable by the city of New York pursuant to this [subdivision] SECTION. Such state of New York payment shall be made in four installments on or before April twenty-fifth, June twenty-fifth, October twenty-fifth and February twenty-fifth. The amount to be paid by the city of New York pursuant to this subdivision shall be determined by the state director of the budget, based upon information submitted by the mayor in such form and content and at such time as may be required by the state director of the budget. S 8. This act shall take effect immediately. PART D Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 260 of the laws of 2011, the opening paragraph as amended by chapter 437 of the laws of 2015 and clause (ii) as amended by section 1 of part P of chapter 57 of the laws of 2012, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of S. 6406--A 44 A. 9006--A tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of a separate cate- gory of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE ACADEMIC YEAR THE STATE UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED, HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER: (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH SAVINGS SHALL NOT INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI- FIED BASED UPON INFLATIONARY INDICES. S. 6406--A 45 A. 9006--A (2) THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. [(ii)] (III) On or before November thirtieth, two thousand [eleven] SIXTEEN, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand [eleven] SIXTEEN--two thousand [twelve] SEVENTEEN academic year and ending in the two thousand [fifteen-two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [fifteen] TWENTY, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a [five] TEN year period commencing with the semester following the semester in which the governor and the chancellor of the state university of New York approve the NY-SUNY 2020 proposal for such university center. [(iii)] (IV) The state shall appropriate annually and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available to the state university in state fiscal year two thousand eleven--two thousand twelve. Beginning in state fiscal year two thousand twelve-two thousand thirteen and thereafter, the state shall appropriate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city university may be reduced in a manner propor- tionate to one another, and the aforementioned provisions shall not apply. [(iv)] (V) For the state university fiscal years commencing two thou- sand eleven--two thousand twelve and ending two thousand [fifteen--two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thou- sand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this chapter. S 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011 and the opening para- graph as amended by chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees S. 6406--A 46 A. 9006--A therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that if the annual resident undergradu- ate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. (II) COMMENCING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN- TY-ONE ACADEMIC YEAR THE CITY UNIVERSITY OF NEW YORK BOARD OF TRUSTEES SHALL BE EMPOWERED TO INCREASE THE RESIDENT UNDERGRADUATE RATE OF TUITION BY NOT MORE THAN THREE HUNDRED DOLLARS OVER THE RESIDENT UNDER- GRADUATE RATE OF TUITION ADOPTED BY THE BOARD OF TRUSTEES IN THE PRIOR ACADEMIC YEAR, PROVIDED HOWEVER THAT IF THE ANNUAL RESIDENT UNDERGRADU- ATE RATE OF TUITION WOULD EXCEED FIVE THOUSAND DOLLARS, THEN A TUITION CREDIT FOR EACH ELIGIBLE STUDENT, AS DETERMINED AND CALCULATED BY THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION PURSUANT TO SECTION SIX HUNDRED EIGHTY-NINE-A OF THIS TITLE, SHALL BE APPLIED TOWARD THE TUITION CHARGED FOR EACH SEMESTER, QUARTER OR TERM OF STUDY. TUITION FOR EACH SEMESTER, QUARTER OR TERM OF STUDY SHALL NOT BE DUE FOR ANY STUDENT ELIGIBLE TO RECEIVE SUCH TUITION CREDIT UNTIL THE TUITION CREDIT IS CALCULATED AND APPLIED AGAINST THE TUITION CHARGED FOR THE CORRESPONDING SEMESTER, QUARTER OR TERM. PROVIDED, FURTHER: (1) THE BOARD OF TRUSTEES SHALL ONLY INCREASE THE RATE OF TUITION UPON DETERMINATION THAT (A) ADMINISTRATIVE COST SAVINGS ARE BEING IMPLEMENTED TO MITIGATE THE NEED FOR A TUITION INCREASE, PROVIDED THAT SUCH SAVINGS SHALL NOT INCLUDE A STAFFING REDUCTION; AND (B) THE INCREASE IS JUSTI- FIED BASED UPON INFLATIONARY INDICES. S. 6406--A 47 A. 9006--A (2) THE REVENUE RESULTING FROM AN INCREASE IN THE RATE OF TUITION SHALL BE ALLOCATED TO EACH CAMPUS PURSUANT TO A PLAN APPROVED BY THE BOARD OF TRUSTEES TO SUPPORT INVESTMENTS IN FACULTY, INSTRUCTION AND A TUITION CREDIT FOR EACH ELIGIBLE STUDENT. [(ii)] (III) On or before November thirtieth, two thousand [eleven] SIXTEEN, the trustees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand [eleven] SIXTEEN--two thousand [twelve] SEVENTEEN academic year and ending in the two thousand [fifteen--two thousand sixteen] TWENTY--TWO THOUSAND TWENTY-ONE academic year, and shall submit any proposed amend- ments to such plan by November thirtieth of each subsequent year there- after through November thirtieth, two thousand [fifteen] TWENTY. [(iii)] (IV) The state shall appropriate annually and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available to the city university in state fiscal year two thousand eleven--two thousand twelve. Beginning in state fiscal year two thousand twelve--two thousand thirteen and [thereafter] ENDING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appro- priate and make available state support for operating expenses, includ- ing fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergen- cy, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses of the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. (V) BEGINNING IN ACADEMIC FISCAL YEAR TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN AND THEREAFTER, THE STATE AND CITY OF NEW YORK SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE ITS REPRESENTATIVE SHARE OF SUPPORT FOR EXPENSES PURSUANT TO SECTION SIX THOUSAND TWO HUNDRED TWEN- TY-ONE OF THIS TITLE, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE FOR EXPENSES IN THE PRIOR ACADEMIC FISCAL YEAR; PROVIDED, HOWEVER, THAT IF THE GOVERNOR DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMER- GENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEM- BLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. S 3. Subdivision 5 of section 359 of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: 5. The state university trustees shall conduct a study regarding the effectiveness and functionality of the New York state tuition assistance program, which shall consider a variety of factors including, but not limited to, the costs associated with pursuing a degree in undergraduate study, current tuition assistance program thresholds and award levels, current eligibility criteria to qualify for an award under the tuition assistance program, and any other information the trustees determine to be relevant. The study shall also include recommendations to improve the tuition assistance program to better meet the future financial aid needs of students who reside in New York state and to ensure continued access and affordability of the state university of New York. The study shall S. 6406--A 48 A. 9006--A be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the director of the division of the budget, the senate finance committee, the assembly ways and means committee and the higher education committees of the legislature on or before October first, two thousand thirteen. In addition, the state university shall annually examine and report on each state-operated campus' efforts to promote fiscal stability for the duration of the [five] TEN year tuition plan by implementing cost saving measures [and increasing fundraising efforts]. Further, the trustees shall [periodically review their patent policies to ensure competitiveness, and shall] annually report on how the revenue generated [by this paragraph has helped retain and grow full-time faculty and increase program availability. The University Centers shall also report annually to the state university trustees on how research revenue yields quantifiable results for each of the four campuses and state university of New York at Buffalo and state universi- ty of New York at Stony Brook shall additionally report on what each campus is doing to maintain their AAU status] HAS BEEN INVESTED IN FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE. S 4. Subdivision 17 of section 6206 of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: 17. The city university trustees shall conduct a study regarding the effectiveness and functionality of the New York state tuition assistance program, which shall consider a variety of factors including, but not limited to, the costs associated with pursuing a degree in undergraduate study, current tuition assistance program thresholds and award levels, current eligibility criteria to qualify for an award under the tuition assistance program and any other information the trustees determine to be relevant. The study shall also include recommendations to improve the tuition assistance program to better meet the future financial aid needs of students who reside in New York state and to ensure continued access and affordability of the city university of New York. The study shall be submitted to the governor, the temporary president of the senate, the speaker of the assembly, the director of the division of budget, the senate finance committee, the assembly ways and means committee and the higher education committees of the legislature on or before October first, two thousand thirteen. In addition, the city university shall annually examine and report on each [state-operated campus'] SENIOR COLLEGE'S efforts to promote fiscal stability for the duration of the [five] TEN year tuition plan by implementing cost saving measures [and increasing fundraising efforts]. FURTHER, THE TRUSTEES SHALL ANNUALLY REPORT ON HOW THE REVENUE GENERATED HAS BEEN INVESTED IN FACULTY, INSTRUCTION AND STUDENT FINANCIAL ASSISTANCE. S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act relat- ing to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 65-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall expire [5] 10 years after such effective date when upon such date the provisions of this act shall be deemed repealed. S 6. This act shall take effect immediately; provided that the amend- ments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act, the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made S. 6406--A 49 A. 9006--A by section two of this act, the amendments to subdivision 5 of section 359 of the education law made by section three of this act, and the amendments to subdivision 17 of section 6206 of the education law made by section four of this act shall not affect the repeal of such provisions and shall be deemed repealed therewith; provided further, that if chapter 437 of the laws of 2015 shall not have taken effect by such effective date, then sections one and two of this act shall take effect on the same day and in the same manner as sections 1 and 3 of chapter 437 of the laws of 2015, take effect. PART E Section 1. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA- RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION. 2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP- TON HOSPITAL, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, AND (II) RENT PAYMENTS MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER- AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER. 3. MONIES OF THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON. S 2. This act shall take effect immediately. PART F Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. Subdivision 3 of section 661 of the education law is REPEALED. S 3. Paragraph a of subdivision 5 of section 661 of the education law, as amended by chapter 466 of the laws of 1977, is amended to read as follows: a. (I) Except as provided in subdivision two of section six hundred seventy-four OF THIS PART AND SUBPARAGRAPH (II) OF THIS PARAGRAPH, an applicant for an award at the undergraduate level of study must either [(i)] (A) have been a legal resident of the state for at least one year immediately preceding the beginning of the semester, quarter or term of attendance for which application for assistance is made, or [(ii)] (B) be a legal resident of the state and have been a legal resident during his OR HER 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, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE S. 6406--A 50 A. 9006--A ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION 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 SIX THOUSAND 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 4. 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 OR HER last academic year of undergraduate study and have continued to be a legal resident until matriculation in the gradu- ate 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, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER S. 6406--A 51 A. 9006--A EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION 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 SIX THOUSAND 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 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 6. 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 7. Clauses (i) and (ii) of subparagraph 8 of paragraph h of subdivi- sion 2 of section 355 of the education law, as added by chapter 327 of the laws of 2002, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the state university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma S. 6406--A 52 A. 9006--A issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the state university within five years of receiving a general equivalency diploma issued within New York state; or S 8. Subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, are amended to read as follows: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or S 8-a. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 327 of the laws of 2002, the opening para- graph as amended by section 4 of chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. The trustees shall further provide that the payment of tuition and fees by any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, shall be paid at a rate or charge no greater S. 6406--A 53 A. 9006--A than that imposed for students who are residents of the state if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and applied for attendance [at] AND ATTENDED an institution or educational unit of the city university within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at], EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED an institution or educational unit of the city university within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in an institution or educational unit of the city university in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such institution or educational unit to pay tuition at the rate or charge imposed for students who are residents of the state. A student without lawful immigration status shall also be required to file an affidavit with such institution or educational unit stating that the student has filed an application to legalize his or her immigration status, or will file such an application as soon as he or she is eligi- ble to do so. The trustees shall not adopt changes in tuition charges prior to the enactment of the annual budget. The board of trustees may accept as partial reimbursement for the education of veterans of the armed forces of the United States who are otherwise qualified such sums as may be authorized by federal legislation to be paid for such educa- tion. The board of trustees may conduct on a fee basis extension courses and courses for adult education appropriate to the field of higher education. In all courses and courses of study it may, in its discretion, require students to pay library, laboratory, locker, break- age and other instructional and non-instructional fees and meet the cost of books and consumable supplies. In addition to the foregoing fees and charges, the board of trustees may impose and collect fees and charges for student government and other student activities and receive and expend them as agent or trustee. S 9. Subdivision 5 of section 6301 of the education law, as amended by chapter 327 of the laws of 2002, is amended to read as follows: 5. "Resident." A person who has resided in the state for a period of at least one year and in the county, city, town, intermediate school district, school district or community college region, as the case may be, for a period of at least six months, both immediately preceding the date of such person's registration in a community college or, for the purposes of section sixty-three hundred five of this article, his or her application for a certificate of residence; provided, however, that this term shall include any student who is not a resident of New York state, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States Code, if such student: (i) attended an approved New York high school for two or more years, graduated from an approved New York high school, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK HIGH SCHOOL, and S. 6406--A 54 A. 9006--A applied for attendance [at an institution or educational unit of the state university] AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a New York state high school diploma; or (ii) attended an approved New York state program for general equiv- alency diploma exam preparation, received a general equivalency diploma issued within New York state, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR GENERAL EQUIVALENCY DIPLOMA EXAM PREPARATION, and SUBSEQUENTLY applied for attendance [at an institution or educational unit of the state university], EARNED ADMIS- SION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED A COMMUNITY COLLEGE within five years of receiving a general equivalency diploma issued within New York state; or (iii) was enrolled in [an institution or educational unit of the state university] A COMMUNITY COLLEGE in the fall semester or quarter of the two thousand one--two thousand two academic year and was authorized by such [institution or educational unit] COMMUNITY COLLEGE to pay tuition at the rate or charge imposed for students who are residents of the state. Provided, further, that a student without lawful immigration status shall also be required to file an affidavit with such [institution or educational unit] COMMUNITY COLLEGE 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. In the event that a person qualified as above for state residence, but has been a resident of two or more counties in the state during the six months immediately preceding his OR HER application for a certificate of residence pursuant to section sixty-three hundred five of this chapter, the charges to the counties of residence shall be allocated among the several counties proportional to the number of months, or major fraction thereof, of residence in each county. S 10. 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 11. 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. 6406--A 55 A. 9006--A S 12. Paragraph (a) of subdivision 2 of section 6455 of the education law, as added by chapter 285 of the laws of 1986, is amended to read as follows: (a) (I) Undergraduate science and technology entry program moneys may be used for tutoring, counseling, remedial and special summer courses, supplemental financial assistance, program administration, and other activities which the commissioner may deem appropriate. To be eligible for undergraduate collegiate science and technology entry program support, a student must be a resident of New York [who is], OR MEET THE REQUIREMENTS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, AND MUST BE either economically disadvantaged or from a minority group historically under represented in the scientific, technical, health and health-related professions, and [who demonstrates] MUST DEMONSTRATE interest in and a potential for a professional career if provided special services. Eligi- ble students must be in good academic standing, enrolled full time in an approved, undergraduate level program of study, as defined by the regents. (II) AN APPLICANT WHO IS NOT A LEGAL RESIDENT OF THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE UNDERGRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, EARNED ADMISSION BASED ON THAT GENERAL EQUIVALENCY DIPLOMA, AND ATTENDED THE INSTITUTION OF HIGHER EDUCATION 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 SIX THOUSAND 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 13. 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: S. 6406--A 56 A. 9006--A (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 THE STATE ELIGIBLE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, BUT IS A UNITED STATES CITIZEN, AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE IN THE UNITED STATES, AN INDIVIDUAL OF A CLASS OF REFUGEES PAROLED BY THE ATTORNEY GENERAL OF THE UNITED STATES UNDER HIS OR HER PAROLE AUTHORITY PERTAINING TO THE ADMISSION OF ALIENS TO THE UNITED STATES, OR AN APPLI- CANT WITHOUT LAWFUL IMMIGRATION STATUS SHALL BE ELIGIBLE FOR AN AWARD AT THE GRADUATE 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE HIGH SCHOOL, APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED 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, LIVED CONTINUOUSLY IN NEW YORK STATE WHILE ATTENDING AN APPROVED NEW YORK STATE PROGRAM FOR A GENERAL EQUIVALENCY DIPLOMA, RECEIVED A STATE HIGH SCHOOL EQUIVALENCY DIPLOMA, SUBSEQUENTLY APPLIED FOR ATTENDANCE AT THE INSTITUTION OF HIGHER EDUCATION FOR THE GRADUATE STUDY FOR WHICH AN AWARD IS SOUGHT, AND ATTENDED THE INSTITU- TION OF HIGHER EDUCATION 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 COLLEGE 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 SIX THOUSAND 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. 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 SIXTEEN THAT AMENDED THIS SUBPARAGRAPH DOES NOT ALLOW FOR A TAXPAYER IDENTIFICA- S. 6406--A 57 A. 9006--A TION NUMBER, IN WHICH CASE A TAXPAYER IDENTIFICATION NUMBER SHALL BE ALLOWED UPON THE EXPIRATION OF THE CONTRACT; S 15. 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 SIXTEEN 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 16. The president of the higher education services corporation 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 educa- tion services corporation for applicable awards without having to submit information to any other state or federal agency. All information contained with the applications filed with such corporation shall be deemed confidential, except that the corporation shall be entitled to release information to participating institutions as necessary for the administration of financial aid programs and to the extent required pursuant to article six of the public officers law or otherwise required by law. S 17. The higher education services corporation is authorized to promulgate rules and regulations, and may promulgate emergency regu- lations, necessary for the implementation of the provisions of this act. S 18. This act shall take effect on the ninetieth day after the issu- ance of regulations and the development of an application form by the president of the higher education services corporation or on the nineti- eth day after it shall have become a law, whichever shall be later; provided, however, that: a. the amendments to subparagraphs (i) and (ii) of paragraph (a-1) of subdivision 7 of section 6206 of the education law made by section eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; when upon such date the provisions of section eight-a of this act shall take effect; and b. the president of the higher education services corporation shall notify the legislative bill drafting commission upon the occurrence of the issuance of regulations and the development of an application form provided for in this section 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 G Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, as amended by section 1 of part M of chapter 58 of the laws of 2011, is amended to read as follows: (a) section two of this act shall expire and be deemed repealed June 30, [2016] 2021; and provided, further that the amendment to paragraph b of subdivision 1 of section 679-c and the amendment to paragraph 2 of S. 6406--A 58 A. 9006--A subdivision a of section 679-d of the education law made by sections three and four of this act shall not affect the repeal of such sections and shall be deemed repealed therewith; S 2. Section 3 of part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, as amended by section 1 of part L of chapter 58 of the laws of 2011, is amended to read as follows: S 3. This act shall take effect on the same date and in the same manner as Part H of this chapter; provided that section two of this act shall take effect on the same date and in the same manner as Part I of this chapter; and provided further that this act shall expire and be deemed repealed on June 30, [2016] 2021. S 3. Section 17 of chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions, as amended by section 1 of part K of chapter 58 of the laws of 2011, is amended to read as follows: S 17. This act shall take effect immediately; provided, however, that the scholarship and loan forgiveness programs established pursuant to the provisions of this act shall terminate upon the granting of such awards for the 2008-2009 school year provided, however, that the regents physician loan forgiveness program established pursuant to this act shall not terminate until the granting of such awards for the [2015-16] 2020-21 school year, provided that the final disbursement of any multi- year awards granted in such school year shall be paid. S 4. Paragraph a of subdivision 5 of section 679-c of the education law, as amended by section 1 of part E3 of chapter 57 of the laws of 2007, is amended to read as follows: a. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (1) three years after the completion of the degree program it is found that an applicant did not begin to provide nursing faculty or clinical nurse faculty services; (2) if such applicant does not provide nursing faculty or clinical nurs- ing faculty services for four years within seven years of the completion of the master's degree program in nursing or doctoral degree; or (3) the student fails to receive a master's degree in nursing or doctoral degree that will qualify them as nursing faculty or adjunct clinical faculty within the three years of receiving the award. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU- LATIONS 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 5. Subdivision 5 of section 669-d of the education law, as amended by section 1 of part H1 of section 109 of the laws of 2006, is amended to read as follows: 5. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (a) two years after the completion of the degree program and receipt of initial certification it is found that a recipient is not teaching in the field of math or science in a school located within New York state providing secondary S. 6406--A 59 A. 9006--A education recognized by the board of regents or the university of the state of New York; or (b) a recipient has not taught in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York for five of the seven years after the completion of the degree program and receipt of initial certification; or (c) a recipient fails to complete their degree program or changes majors to an undergraduate degree program other than in science or math; or (d) a recipient fails to receive or maintain their teaching certif- icate 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 UNDERGRADUATE OR 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 6. This act shall take effect immediately; provided that the amend- ments to paragraph a of subdivision 5 of section 679-c of the education law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART H Section 1. Section 7408 of the education law is amended by adding a new subdivision 6 to read as follows: 6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY FIRM ESTABLISHED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY PURSUANT TO ARTI- CLE FIFTEEN OF THE BUSINESS CORPORATION LAW, ARTICLES ONE AND EIGHT-B OF THE PARTNERSHIP LAW, OR ARTICLES TWELVE AND THIRTEEN OF THE LIMITED LIABILITY COMPANY LAW SHALL BE DEEMED AUTHORIZED TO REGISTER PURSUANT TO THIS SECTION. S 2. Section 1503 of the business corporation law is amended by adding a new paragraph (h) to read as follows: (H) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE PROVISIONS OF THIS PARAGRAPH, A FIRM INCORPORATED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS". S. 6406--A 60 A. 9006--A EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. SUCH A FIRM SHALL HAVE ATTACHED TO ITS CERTIF- ICATE OF INCORPORATION A CERTIFICATE OR CERTIFICATES DEMONSTRATING THE FIRM'S COMPLIANCE WITH THIS PARAGRAPH, IN LIEU OF THE CERTIFICATE OR CERTIFICATES REQUIRED BY SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SECTION. S 3. Section 1507 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE MAY ISSUE SHARES TO INDIVIDUALS WHO ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE AND WHO ARE OR HAVE BEEN ENGAGED IN THE PRACTICE OF SUCH PROFESSION IN SUCH CORPORATION OR A PREDECESSOR ENTITY, OR WHO WILL ENGAGE IN THE PRACTICE OF SUCH PROFES- SION IN SUCH CORPORATION WITHIN THIRTY DAYS OF THE DATE SUCH SHARES ARE ISSUED AND MAY ALSO ISSUE SHARES TO EMPLOYEES OF THE CORPORATION NOT LICENSED AS CERTIFIED PUBLIC ACCOUNTANTS, PROVIDED THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE CERTIFIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE CERTIFIED PUBLIC ACCOUNTANTS. NO SHAREHOLDER OF A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL ENTER INTO A VOTING TRUST AGREEMENT, PROXY OR ANY OTHER TYPE OF AGREEMENT VESTING IN ANOTHER PERSON, OTHER THAN ANOTHER SHAREHOLDER OF THE SAME CORPORATION, THE AUTHORITY TO EXERCISE VOTING POWER OF ANY OR ALL OF HIS OR HER SHARES. ALL SHARES ISSUED, AGREEMENTS MADE OR PROXIES GRANTED IN VIOLATION OF THIS SECTION SHALL BE VOID. S 4. Section 1508 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) THE DIRECTORS AND OFFICERS OF ANY FIRM ESTABLISHED FOR THE BUSI- NESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTI- CLE MAY INCLUDE INDIVIDUALS WHO ARE NOT LICENSED TO PRACTICE PUBLIC ACCOUNTANCY, PROVIDED HOWEVER THAT AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS, AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS AND THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFI- CER OR OFFICERS ARE AUTHORIZED BY LAW TO PRACTICE IN THIS STATE A PROFESSION WHICH SUCH CORPORATION IS AUTHORIZED TO PRACTICE, AND ARE EITHER SHAREHOLDERS OF SUCH CORPORATION OR ENGAGED IN THE PRACTICE OF THEIR PROFESSIONS IN SUCH CORPORATION. S. 6406--A 61 A. 9006--A S 5. Section 1509 of the business corporation law, as amended by chap- ter 550 of the laws of 2011, is amended to read as follows: S 1509. Disqualification of shareholders, directors, officers and employees. If any shareholder, director, officer or employee of a professional service corporation, including a design professional service corpo- ration, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORAT- ING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, who has been rendering professional service to the public becomes legally disqualified to prac- tice his profession within this state, he shall sever all employment with, and financial interests (other than interests as a creditor) in, such corporation forthwith or as otherwise provided in section 1510 of this article. All provisions of law regulating the rendering of profes- sional services by a person elected or appointed to a public office shall be applicable to a shareholder, director, officer and employee of such corporation in the same manner and to the same extent as if fully set forth herein. Such legal disqualification to practice his profession within this state shall be deemed to constitute an irrevocable offer by the disqualified shareholder to sell his shares to the corporation, pursuant to the provisions of section 1510 of this article or of the certificate of incorporation, by-laws or agreement among the corporation and all shareholders, whichever is applicable. Compliance with the terms of such offer shall be specifically enforceable in the courts of this state. A professional service corporation's failure to enforce compli- ance with this provision shall constitute a ground for forfeiture of its certificate of incorporation and its dissolution. S 6. Paragraph (a) of section 1511 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended and new paragraph (c) is added to read as follows: (a) No shareholder of a professional service corporation [or], INCLUD- ING a design professional service corporation, OR ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may sell or transfer his shares in such corporation except to another individual who is eligible to have shares issued to him by such corporation or except in trust to another individual who would be eligible to receive shares if he were employed by the corpo- ration. Nothing herein contained shall be construed to prohibit the transfer of shares by operation of law or by court decree. No transfer- ee of shares by operation of law or court decree may vote the shares for any purpose whatsoever except with respect to corporate action under sections 909 and 1001 of this chapter. The restriction in the preceding sentence shall not apply, however, where such transferee would be eligi- ble to have shares issued to him if he were an employee of the corpo- ration and, if there are other shareholders, a majority of such other shareholders shall fail to redeem the shares so transferred, pursuant to section 1510 of this article, within sixty days of receiving written notice of such transfer. Any sale or transfer, except by operation of law or court decree or except for a corporation having only one share- holder, may be made only after the same shall have been approved by the board of directors, or at a shareholders' meeting specially called for such purpose by such proportion, not less than a majority, of the outstanding shares as may be provided in the certificate of incorpo- ration or in the by-laws of such professional service corporation. At such shareholders' meeting the shares held by the shareholder proposing S. 6406--A 62 A. 9006--A to sell or transfer his shares may not be voted or counted for any purpose, unless all shareholders consent that such shares be voted or counted. The certificate of incorporation or the by-laws of the profes- sional service corporation, or the professional service corporation and the shareholders by private agreement, may provide, in lieu of or in addition to the foregoing provisions, for the alienation of shares and may require the redemption or purchase of such shares by such corpo- ration at prices and in a manner specifically set forth therein. The existence of the restrictions on the sale or transfer of shares, as contained in this article and, if applicable, in the certificate of incorporation, by-laws, stock purchase or stock redemption agreement, shall be noted conspicuously on the face or back of every certificate for shares issued by a professional service corporation. Any sale or transfer in violation of such restrictions shall be void. (C) A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL PURCHASE OR REDEEM THE SHARES OF A NON-LICENSED PROFESSIONAL SHAREHOLDER IN THE CASE OF HIS OR HER TERMINATION OF EMPLOYMENT WITHIN THIRTY DAYS AFTER SUCH TERMINATION. A FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, SHALL NOT BE REQUIRED TO PURCHASE OR REDEEM THE SHARES OF A TERMINATED NON-LICENSED PROFESSIONAL SHARE- HOLDER IF SUCH SHARES, WITHIN THIRTY DAYS AFTER SUCH TERMINATION, ARE SOLD OR TRANSFERRED TO ANOTHER EMPLOYEE OF THE CORPORATION PURSUANT TO THIS ARTICLE. S 7. Paragraph (a) of section 1512 of the business corporation law, as amended by chapter 550 of the laws of 2011, is amended to read as follows: (a) Notwithstanding any other provision of law, the name of a profes- sional service corporation, including a design professional service corporation AND ANY FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCOR- PORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE, may contain any word which, at the time of incorporation, could be used in the name of a partnership practicing a profession which the corporation is authorized to practice, and may not contain any word which could not be used by such a partnership. Provided, however, the name of a professional service corporation may not contain the name of a deceased person unless (1) such person's name was part of the corporate name at the time of such person's death; or (2) such person's name was part of the name of an existing partnership and at least two-thirds of such partnership's partners become sharehold- ers of the corporation. S 8. Section 1514 of the business corporation law is amended by adding a new paragraph (c) to read as follows: (C) EACH FIRM ESTABLISHED FOR THE BUSINESS PURPOSE OF INCORPORATING AS A PROFESSIONAL SERVICE CORPORATION PURSUANT TO PARAGRAPH (H) OF SECTION FIFTEEN HUNDRED THREE OF THIS ARTICLE SHALL, AT LEAST ONCE EVERY THREE YEARS ON OR BEFORE THE DATE PRESCRIBED BY THE LICENSING AUTHORITY, FURNISH A STATEMENT TO THE LICENSING AUTHORITY LISTING THE NAMES AND RESIDENCE ADDRESSES OF EACH SHAREHOLDER, DIRECTOR AND OFFICER OF SUCH CORPORATION AND CERTIFY AS THE DATE OF CERTIFICATION AND AT ALL TIMES OVER THE ENTIRE THREE YEAR PERIOD THAT: (I) AT LEAST FIFTY-ONE PERCENT OF THE OUTSTANDING SHARES OF STOCK OF THE CORPORATION ARE AND WERE OWNED BY CERTIFIED PUBLIC ACCOUNTANTS, S. 6406--A 63 A. 9006--A (II) AT LEAST FIFTY-ONE PERCENT OF THE DIRECTORS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (III) AT LEAST FIFTY-ONE PERCENT OF THE OFFICERS ARE AND WERE CERTI- FIED PUBLIC ACCOUNTANTS, (IV) THE PRESIDENT, THE CHAIRPERSON OF THE BOARD OF DIRECTORS AND THE CHIEF EXECUTIVE OFFICER OR OFFICERS ARE AND WERE CERTIFIED PUBLIC ACCOUNTANTS. THE STATEMENT SHALL BE SIGNED BY THE PRESIDENT OR ANY CERTIFIED PUBLIC ACCOUNTANT VICE-PRESIDENT AND ATTESTED TO BY THE SECRETARY OR ANY ASSISTANT SECRETARY OF THE CORPORATION. S 9. Paragraph (d) of section 1525 of the business corporation law, as added by chapter 505 of the laws of 1983, is amended to read as follows: (d) "Foreign professional service corporation" means a professional service corporation, whether or not denominated as such, organized under the laws of a jurisdiction other than this state, all of the sharehold- ers, directors and officers of which are authorized and licensed to practice the profession for which such corporation is licensed to do business; except that all shareholders, directors and officers of a foreign professional service corporation which provides health services in this state shall be licensed in this state. NOTWITHSTANDING ANY OTHER PROVISION OF LAW A FOREIGN PROFESSIONAL SERVICE CORPORATION FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE ONE HUNDRED FORTY-NINE OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A FOREIGN PROFESSIONAL SERVICE CORPORATION WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION SEVENTY-FOUR HUNDRED FOUR OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION SEVENTY-FOUR HUNDRED FIVE OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITH- STANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTI- FIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10. The fourteenth undesignated paragraph of section 2 of the part- nership law, as added by chapter 576 of the laws of 1994, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within S. 6406--A 64 A. 9006--A this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 10-a. The fourteenth undesignated paragraph of section 2 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- S. 6406--A 65 A. 9006--A sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; [and further] except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, archi- tectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state; AND FURTHER EXCEPT THAT ALL PARTNERS OF A PROFESSIONAL PARTNERSHIP THAT PROVIDES PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDE PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL SHAREHOLDERS OF A PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 11. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS S. 6406--A 66 A. 9006--A IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clin- ical social work in this state. Each partner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to arti- cle 163 of the education law to practice marriage and family therapy in this state. Each partner of a registered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a regis- tered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCA- TION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTIC- IPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S. 6406--A 67 A. 9006--A S 11-a. Subdivision (q) of section 121-1500 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a registered limited liability partnership formed to provide medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in this state and each partner of a registered limited liability partnership formed to provide dental services in this state must be licensed pursuant to arti- cle 133 of the education law to practice dentistry in this state. Each partner of a registered limited liability partnership formed to provide veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. EACH PARTNER OF A REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a registered limited liabil- ity partnership formed to provide professional engineering, land survey- ing, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. Each partner of a registered limited liability partnership formed to provide licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice clinical social work in this state. Each part- ner of a registered limited liability partnership formed to provide creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a registered limited liability partnership formed to provide marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. Each partner of a regis- tered limited liability partnership formed to provide mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a registered limited liability partnership formed to provide psychoanalysis services in this state must be licensed pursu- ant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a registered limited liability partnership formed to provide applied behavior analysis service in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPEN- SATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVID- UALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LI- CENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGAT- ED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FORE- S. 6406--A 68 A. 9006--A GOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNT- ANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPO- RATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each partner of a foreign limited liability partnership which provides professional engi- neering, land surveying, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCI- PAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUN- TANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCA- TION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. Each partner of a foreign limited liability partnership which provides mental health counseling services in this state must be licensed pursu- ant to article 163 of the education law to practice mental health coun- seling in this state. Each partner of a foreign limited liability part- nership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liabil- ity partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUN- S. 6406--A 69 A. 9006--A TANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 12-a. Subdivision (q) of section 121-1502 of the partnership law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (q) Each partner of a foreign limited liability partnership which provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medicine in the state and each partner of a foreign limited liability partnership which provides dental services in the state must be licensed pursuant to article 133 of the education law to practice dentistry in this state. Each partner of a foreign limited liability partnership which provides veterinary service in the state shall be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state. Each part- ner of a foreign limited liability partnership which provides profes- sional engineering, land surveying, geological services, architectural and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. EACH PARTNER OF A FOREIGN REGISTERED LIMITED LIABILITY PARTNERSHIP FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. Each partner of a foreign limited liability partnership which provides licensed clinical social work services in this state must be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. Each partner of a foreign limited liability partnership which provides creative arts therapy services in this state must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. Each partner of a foreign limited liability partnership which provides marriage and family therapy services in this state must be licensed pursuant to article 163 of the education law to practice marriage and S. 6406--A 70 A. 9006--A family therapy in this state. Each partner of a foreign limited liabil- ity partnership which provides mental health counseling services in this state must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. Each partner of a foreign limited liability partnership which provides psychoanalysis services in this state must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. Each partner of a foreign limited liability partnership which provides applied behavior analysis services in this state must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analy- sis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN LIMITED LIABILITY PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW, SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A FOREIGN LIMITED LIABILITY PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCA- TION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS INCORPORATED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 13. Subdivision (h) of section 121-101 of the partnership law, as added by chapter 950 of the laws of 1990, is amended to read as follows: (h) "Limited partnership" and "domestic limited partnership" mean, unless the context otherwise requires, a partnership (i) formed by two or more persons pursuant to this article or which complies with subdivi- sion (a) of section 121-1202 of this article and (ii) having one or more general partners and one or more limited partners. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL PARTNERS OF A LIMITED PARTNERSHIP OR DOMESTIC LIMITED PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. S. 6406--A 71 A. 9006--A ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 554 of the laws of 2013, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTI- CLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the education law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a professional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the educa- tion law to practice creative arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in S. 6406--A 72 A. 9006--A article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNT- ANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 14-a. Subdivision (b) of section 1207 of the limited liability company law, as amended by chapter 475 of the laws of 2014, is amended to read as follows: (b) With respect to a professional service limited liability company formed to provide medical services as such services are defined in arti- cle 131 of the education law, each member of such limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a professional service limited liability company formed to provide dental services as such services are defined in article 133 of the education law, each member of such limited liability company must be licensed pursuant to article 133 S. 6406--A 73 A. 9006--A of the education law to practice dentistry in this state. With respect to a professional service limited liability company formed to provide veterinary services as such services are defined in article 135 of the education law, each member of such limited liability company must be licensed pursuant to article 135 of the education law to practice veter- inary medicine in this state. With respect to a professional service limited liability company formed to provide professional engineering, land surveying, architectural, landscape architectural and/or geological services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO PROVIDE PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW EACH MEMBER OF SUCH LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, MUST BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a professional service limited liability company formed to provide licensed clinical social work services as such services are defined in article 154 of the educa- tion law, each member of such limited liability company shall be licensed pursuant to article 154 of the education law to practice licensed clinical social work in this state. With respect to a profes- sional service limited liability company formed to provide creative arts therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice crea- tive arts therapy in this state. With respect to a professional service limited liability company formed to provide marriage and family therapy services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice marriage and family therapy in this state. With respect to a professional service limited liability company formed to provide mental health counseling services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a professional service limited liability company formed to provide psychoanalysis services as such services are defined in article 163 of the education law, each member of such limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a professional service limited liability company formed to provide applied behavior analysis services as such services are defined in article 167 of the education law, each member of such limited liabil- ity company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- S. 6406--A 74 A. 9006--A SIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF ARTICLE 149 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF ARTICLE 149 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15. Subdivisions (a) and (f) of section 1301 of the limited liabil- ity company law, subdivision (a) as amended by chapter 554 of the laws of 2013 and subdivision (f) as amended by chapter 170 of the laws of 1996, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a S. 6406--A 75 A. 9006--A foreign professional service limited liability company which provides dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, architectural and/or landscape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- S. 6406--A 76 A. 9006--A SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, architectural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRACTICE PUBLIC ACCOUN- TANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PART- NERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME S. 6406--A 77 A. 9006--A STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFESSIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 15-a. Subdivisions (a) and (f) of section 1301 of the limited liability company law, as amended by chapter 475 of the laws of 2014, are amended to read as follows: (a) "Foreign professional service limited liability company" means a professional service limited liability company, whether or not denomi- nated as such, organized under the laws of a jurisdiction other than this state, (i) each of whose members and managers, if any, is a profes- sional authorized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the profes- sional service limited liability company within thirty days of the date such professional becomes a member, or each of whose members and manag- ers, if any, is a professional at least one of such members is author- ized by law to render a professional service within this state and who is or has been engaged in the practice of such profession in such professional service limited liability company or a predecessor entity, or will engage in the practice of such profession in the professional service limited liability company within thirty days of the date such professional becomes a member, or (ii) authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to, the education law to render a professional service within this state; except that all members and managers, if any, of a foreign professional service limited liability company that provides health services in this state shall be licensed in this state. With respect to a foreign professional service limited liability company which provides veterinary services as such services are defined in arti- cle 135 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 135 of the education law to practice veterinary medicine. With respect to a foreign professional service limited liability company which provides medical services as such services are defined in article 131 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 131 of the education law to practice medicine in this state. With respect to a foreign professional service limited liability company which provides S. 6406--A 78 A. 9006--A dental services as such services are defined in article 133 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 133 of the educa- tion law to practice dentistry in this state. With respect to a foreign professional service limited liability company which provides profes- sional engineering, land surveying, geologic, architectural and/or land- scape architectural services as such services are defined in article 145, article 147 and article 148 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions in this state. WITH RESPECT TO A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH FOREIGN PROFES- SIONAL SERVICE LIMITED LIABILITY COMPANY WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY IN THIS STATE. With respect to a foreign profes- sional service limited liability company which provides licensed clin- ical social work services as such services are defined in article 154 of the education law, each member of such foreign professional service limited liability company shall be licensed pursuant to article 154 of the education law to practice clinical social work in this state. With respect to a foreign professional service limited liability company which provides creative arts therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice creative arts therapy in this state. With respect to a foreign professional service limited liability company which provides marriage and family therapy services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to prac- tice marriage and family therapy in this state. With respect to a foreign professional service limited liability company which provides mental health counseling services as such services are defined in arti- cle 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice mental health counseling in this state. With respect to a foreign professional service limited liability company which provides psychoanalysis services as such services are defined in article 163 of the education law, each member of such foreign professional service limited liability company must be licensed pursuant to article 163 of the education law to practice psychoanalysis in this state. With respect to a foreign professional service limited liability company which provides applied behavior analysis services as such services are defined in article 167 of the education law, each member of such foreign professional service limited liability company must be licensed or certified pursuant to article 167 of the education law to practice applied behavior analysis in this state. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A FOREIGN PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTICLE 149 OF THE EDUCA- TION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNER- SHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, S. 6406--A 79 A. 9006--A BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A FOREIGN LIMITED PROFESSIONAL SERVICE LIMITED LIABILITY COMPANY, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUNTANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTI- FIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDI- VIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. (f) "Professional partnership" means (1) a partnership without limited partners each of whose partners is a professional authorized by law to render a professional service within this state, (2) a partnership with- out limited partners each of whose partners is a professional, at least one of whom is authorized by law to render a professional service within this state or (3) a partnership without limited partners authorized by, or holding a license, certificate, registration or permit issued by the licensing authority pursuant to the education law to render a profes- sional service within this state; except that all partners of a profes- sional partnership that provides medical services in this state must be licensed pursuant to article 131 of the education law to practice medi- cine in this state and all partners of a professional partnership that provides dental services in this state must be licensed pursuant to article 133 of the education law to practice dentistry in this state; except that all partners of a professional partnership that provides veterinary services in this state must be licensed pursuant to article 135 of the education law to practice veterinary medicine in this state; and further except that all partners of a professional partnership that provides professional engineering, land surveying, geologic, architec- tural, and/or landscape architectural services in this state must be licensed pursuant to article 145, article 147 and/or article 148 of the education law to practice one or more of such professions. WITH RESPECT TO A PROFESSIONAL PARTNERSHIP WHICH PROVIDES PUBLIC ACCOUNTANCY SERVICES AS SUCH SERVICES ARE DEFINED IN ARTICLE 149 OF THE EDUCATION LAW, EACH MEMBER OF SUCH PROFESSIONAL PARTNERSHIP WHOSE PRINCIPAL PLACE OF BUSI- NESS IS IN THIS STATE AND WHO PROVIDES PUBLIC ACCOUNTANCY SERVICES, SHALL BE LICENSED PURSUANT TO ARTICLE 149 OF THE EDUCATION LAW TO PRAC- TICE PUBLIC ACCOUNTANCY. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW A PROFESSIONAL PARTNERSHIP FORMED TO LAWFULLY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTANCY, AS SUCH PRACTICE IS RESPECTIVELY DEFINED UNDER ARTI- CLE 149 OF THE EDUCATION LAW SHALL BE REQUIRED TO SHOW (1) THAT A SIMPLE MAJORITY OF THE OWNERSHIP OF THE FIRM, IN TERMS OF FINANCIAL INTERESTS, INCLUDING OWNERSHIP-BASED COMPENSATION, AND VOTING RIGHTS HELD BY THE FIRM'S OWNERS, BELONGS TO INDIVIDUALS LICENSED TO PRACTICE PUBLIC ACCOUNTANCY IN SOME STATE, AND (2) THAT ALL MEMBERS OF A LIMITED PROFES- S. 6406--A 80 A. 9006--A SIONAL PARTNERSHIP, WHOSE PRINCIPAL PLACE OF BUSINESS IS IN THIS STATE, AND WHO ARE ENGAGED IN THE PRACTICE OF PUBLIC ACCOUNTANCY IN THIS STATE, HOLD A VALID LICENSE ISSUED UNDER SECTION 7404 OF THE EDUCATION LAW OR ARE PUBLIC ACCOUNTANTS LICENSED UNDER SECTION 7405 OF THE EDUCATION LAW. ALTHOUGH FIRMS MAY INCLUDE NON-LICENSEE OWNERS, THE FIRM AND ITS OWNERS MUST COMPLY WITH RULES PROMULGATED BY THE STATE BOARD FOR PUBLIC ACCOUN- TANCY. NOTWITHSTANDING THE FOREGOING, A FIRM REGISTERED UNDER THIS SECTION MAY NOT HAVE NON-LICENSEE OWNERS IF THE FIRM'S NAME INCLUDES THE WORDS "CERTIFIED PUBLIC ACCOUNTANT," OR "CERTIFIED PUBLIC ACCOUNTANTS," OR THE ABBREVIATIONS "CPA" OR "CPAS." EACH NON-LICENSEE OWNER OF A FIRM THAT IS REGISTERED UNDER THIS SECTION SHALL BE (1) A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS OF THE FIRM OR ITS AFFILIATED ENTITIES, OR (2) AN ENTITY, INCLUDING, BUT NOT LIMITED TO, A PARTNERSHIP OR PROFESSIONAL CORPORATION, PROVIDED EACH BENEFICIAL OWNER OF AN EQUITY INTEREST IN SUCH ENTITY IS A NATURAL PERSON WHO ACTIVELY PARTICIPATES IN THE BUSINESS CONDUCTED BY THE FIRM OR ITS AFFILIATED ENTITIES. FOR PURPOSES OF THIS SUBDIVISION, "ACTIVELY PARTICIPATE" MEANS TO PROVIDE SERVICES TO CLIENTS OR TO OTHERWISE INDIVIDUALLY TAKE PART IN THE DAY-TO-DAY BUSINESS OR MANAGEMENT OF THE FIRM. S 16. This act shall take effect immediately; provided, however, that sections ten-a, eleven-a, twelve-a, fourteen-a and fifteen-a of this act shall take effect on the same date as sections 25, 26, 27, 22, and 23, respectively, of chapter 475 of the laws of 2014 take effect. PART I Section 1. Section 34 of chapter 91 of the laws of 2002, amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of subpart D of part B of chapter 20 of the laws of 2015, 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, [2016] 2019 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2016] 2019 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 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 S. 6406--A 81 A. 9006--A 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 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of subpart D of part B of chapter 20 of the laws of 2015, 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, [2016] 2019. S 3. This act shall take effect immediately. PART J Section 1. Subdivision 1 of section 813 of the labor law, as amended by chapter 55 of the laws of 1992, is amended to read as follows: 1. The governor shall appoint a state apprenticeship and training council, composed of NOT MORE THAN three representatives from employer organizations [and three from], AN EQUAL NUMBER OF REPRESENTATIVES FROM employee organizations and [one representative] AN EQUAL NUMBER of the general public[, who shall be the chairman]. THE REPRESENTATIVES OF THE GENERAL PUBLIC SHALL INCLUDE REPRESENTATIVES OF PUBLIC COLLEGES, COMMU- NITY COLLEGES OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT HAVE EXPERIENCE PROVIDING RELATED INSTRUCTION FOR APPRENTICESHIP PROGRAMS. THE GOVERNOR SHALL DESIGNATE ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The council by majority vote may designate one of its members, other than the [chairman] CHAIR, as [vice-chairman] VICE-CHAIR to act in the absence or inability of the [chairman] CHAIR. Each member shall be appointed for a term of three years. Each member shall hold office until his or her successor is appointed and has qualified, and any vacancy shall be filled by appointment for the unexpired portion of the term. The present members of the council shall continue to hold office until the expiration of their present terms or their earlier terminations by resignation or inability to act. The commissioner of education, the commissioner of labor and the commissioner of economic development shall [ex officio be] BE EX OFFICIO members of such council without vote. The members of the council shall not receive a salary or other compensation, but shall be reimbursed for transportation and other expenses actually and necessarily incurred in the performance of their duties under this article. S 2. This act shall take effect immediately. PART K Section 1. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is 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,] S. 6406--A 82 A. 9006--A $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, $9.75 ON AND AFTER JULY 1, 2016, $10.75 ON AND AFTER DECEMBER 31, 2016, $11.75 ON AND AFTER DECEMBER 31, 2017, $12.75 ON AND AFTER DECEMBER 31, 2018, $13.75 ON AND AFTER DECEMBER 31, 2019, $14.50 ON AND AFTER DECEMBER 31, 2020, $15.00 ON AND AFTER JULY 1, 2021, 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. S 2. Subdivision 6 of section 652 of the labor law is REPEALED and a new subdivision 6 is added to read as follows: 6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, THE MINIMUM WAGE FOR AN EMPLOYEE WHO WORKS IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION SHALL BE PHASED-IN ON THE FOLLOWING ACCELERATED SCHEDULE: $10.50 PER HOUR ON AND AFTER JULY 1, 2016, $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2016, $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2017, $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED UNDER, OR PROVIDED FOR BY, SUBDIVISION ONE OF THIS SECTION. THE RATES AND SCHEDULE ESTAB- LISHED ABOVE SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER SUBDIVI- SION ONE OF THIS SECTION FOR PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION AND IN SUBDIVISIONS ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER. S 3. This act shall take effect immediately provided, however, that the provisions of section two of this act shall expire July 1, 2021 when upon such date the provisions of such section shall be deemed repealed. PART L Section 1. Subdivision (a) of section 25-a of the labor law, as amended by section 1 of part AA of chapter 56 of the laws of 2015, is amended to read as follows: (a) The commissioner is authorized to establish and administer the program established under this section to provide tax incentives to employers for employing at risk youth in part-time and full-time posi- tions. There will be five distinct pools of tax incentives. Program one will cover tax incentives allocated for two thousand twelve and two thousand thirteen. Program two will cover tax incentives allocated in two thousand fourteen. Program three will cover tax incentives allocated in two thousand fifteen. Program four will cover tax incentives allo- cated in two thousand sixteen. Program five will cover tax incentives allocated in two thousand seventeen. The commissioner is authorized to allocate up to twenty-five million dollars of tax credits under program one, ten million dollars of tax credits under program two, [and] twenty million dollars of tax credits under [each of programs] PROGRAM three, AND FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,] and five. S 2. Subdivision (b) of section 25-a of the labor law is amended by adding a new paragraph 3 to read as follows: S. 6406--A 83 A. 9006--A (3) FOR PROGRAMS FOUR AND FIVE, THE TAX CREDIT UNDER EACH PROGRAM SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF TAX CREDIT FOR QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR A QUALIFIED EMPLOYEE EXCEPT FOR THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO MEET THE RESIDENCY REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION IF THEY RESIDE IN NEW YORK STATE. S 3. This act shall take effect immediately. PART M Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi- sion (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: (G) where a child has or will before the next permanency hearing reach the age of fourteen, (I) the services and assistance necessary to assist the child in learning independent living skills TO ASSIST THE CHILD TO MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD; AND (II) A. THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR THE CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and S 2. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as amended by section 17 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (b) in the case of a respondent who has attained the age of fourteen, (I) the services needed, if any, to assist the respondent to make the transition from foster care to [independent living] SUCCESSFUL ADULT- HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL- TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP TO TWO MEMBERS OF THE RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT, AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG- NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S. 6406--A 84 A. 9006--A S 3. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 22 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (ii) in the case of a child who has attained the age of fourteen, (A) the services needed, if any, to assist the child to make the transition from foster care to [independent living] SUCCESSFUL ADULTHOOD; AND (B)(1) THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD, AND ANY REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 4. Subdivisions 1 and 2 of section 458-c 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. A social services official shall make payments for non-recurring guardianship expenses incurred by or on behalf of the relatives OR SUCCESSOR GUARDIANS who have been approved by the social services offi- cial to receive kinship guardianship assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS. The agreement for the payment of non-recurring guardianship expenses must be reflected in the written agreement set forth in subdivision four of section four hundred fifty-eight-b of this title. In accordance with subdivision two of this section, the payments shall be made by the social services official either to the relative OR SUCCESSOR guardian or guardians directly or to an attorney on behalf of the relative OR SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship. 2. The amount of the payment made pursuant to this section shall not exceed two thousand dollars for each foster child for whom the relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS, seek guardianship or permanent guardianship and shall be available only for those expenses that are determined to be eligible for reimbursement by the social services official in accordance with the regulations of the office of children and family services. S 5. The social services law is amended by adding a new section 383-a to read as follows: S 383-A. QUALIFIED IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CAREGIVER" SHALL MEAN A FOSTER PARENT, THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY A VOLUNTARY AUTHORIZED AGENCY THAT IS DESIG- NATED TO APPLY THE REASONABLE AND PRUDENT PARENT STANDARD, OR A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY THAT IS RESPONSIBLE FOR THE CARE OF A FOSTER CHILD AT THE RELEVANT TIME. (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN FOSTER CARE AT THE RELEVANT TIME. S. 6406--A 85 A. 9006--A (C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE, GROUP HOME, AGENCY OPERATED BOARDING HOME, OR SUPERVISED INDEPENDENT LIVING PROGRAM. (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER- IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT MAINTAIN THE HEALTH, SAFETY, AND BEST INTERESTS OF A CHILD WHILE AT THE SAME TIME ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD THAT A CAREGIVER SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL OR SOCIAL ACTIVITIES. 2. A CAREGIVER SHALL NOT BE LIABLE FOR INJURIES TO THE CHILD THAT OCCUR AS A RESULT OF ACTING IN ACCORDANCE WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION, UNLESS SUCH INJURIES WERE CAUSED BY GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT ON THE PART OF SUCH CAREGIVER. 3. IN DETERMINING WHETHER THE REASONABLE AND PRUDENT PARENT STANDARD WAS APPLIED BY A CAREGIVER IN RELATION TO A PARTICULAR CHILD, ANY GUID- ANCE ISSUED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES OR THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, MAY BE CONSIDERED. S 6. The opening paragraph of paragraph (e) of subdivision 2 of section 378-a of the social services law, as amended by section 10 of part L of chapter 56 of the laws of 2015, is amended to read as follows: [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER reviewing any criminal history record information provided by the divi- sion of criminal justice services, the office of children and family services shall promptly notify the authorized agency or other state agency that: S 7. Subdivision 2 of section 378-a of the social services law is amended by adding a new paragraph (m) to read as follows: (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS (A) OR (C) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE. (2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL: (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK OF THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY CHARGES AND CONVICTIONS; AND (B) BASED ON THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF- ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY- ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY BASED ON THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER- MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT, S. 6406--A 86 A. 9006--A AS SET FORTH IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (3) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDED IN THE HOME OF THE APPLICANT WHOSE CRIMINAL HISTORY WAS THE BASIS FOR THE DENIAL. (4) THIS PARAGRAPH DOES NOT APPLY TO NATIONWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 8. 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 judgement 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 9. This act shall take effect immediately, provided however that sections six and seven of this act shall take effect on the ninetieth day after it shall have become a law. PART N Section 1. The criminal procedure law is amended by adding a new arti- cle 722 to read as follows: ARTICLE 722 PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH PART AND RELATED PROCEDURES SECTION 722.00 PROBATION CASE PLANNING AND SERVICES. 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT. S 722.00 PROBATION CASE PLANNING AND SERVICES. 1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS- MENT WITH RESPECT TO ANY JUVENILE RELEASED ON RECOGNIZANCE, RELEASED UNDER SUPERVISION, OR POSTING BAIL FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESSMENT. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIALIZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS INDIVIDUAL NEEDS. 2. ANY JUVENILE UNDERGOING SERVICES SHALL EXECUTE APPROPRIATE AND NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION DEPARTMENT MAY COMMUNICATE WITH ANY SERVICE PROVIDER AND RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIVERED INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLI- ANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY. S. 6406--A 87 A. 9006--A 3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM ENTERING INTO A VOLUNTARY WRITTEN/FORMAL CASE PLAN AS TO TERMS AND CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING ALCOHOL, SUBSTANCE ABUSE, OR MENTAL HEALTH TESTING, PARTICIPATING IN SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL ATTENDANCE, WHERE APPLICABLE. FOLLOWING THE JUVENILE'S SUCCESSFUL COMPLETION OF THE CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER. 4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT- ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS. 5. THE PROBATION SERVICE SHALL NOT TRANSMIT OR OTHERWISE COMMUNICATE TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY THE JUVENILE OFFENDER TO A PROBATION OFFICER. HOWEVER, THE PROBATION SERVICE MAY MAKE A RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE PLAN TO THE YOUTH PART AND PROVIDE SUCH INFORMATION AS IT SHALL DEEM RELEVANT. 6. NO STATEMENT MADE TO THE PROBATION SERVICE DURING THE RISK AND NEEDS ASSESSMENT OR WHILE THE JUVENILE OFFENDER IS FOLLOWING HIS OR HER CASE PLAN MAY BE ADMITTED INTO EVIDENCE AT A FACT- FINDING HEARING AT ANY TIME PRIOR TO A CONVICTION. S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTABLISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPE- RIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES PRESID- ING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES- CENTS. THE YOUTH PART SHALL HAVE EXCLUSIVE JURISDICTION OF ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN SECTION 180.75 OF THIS CHAPTER. S 722.20 PROCEEDINGS IN A YOUTH PART OF THE SUPERIOR COURT. 1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART, THE PROVISIONS OF THIS SECTION SHALL APPLY. IF THE YOUTH PART IS NOT IN SESSION, THE DEFENDANT SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT TO ACT AS A YOUTH PART FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER SUCH JUVENILE SHALL BE DETAINED. IF THE DEFENDANT IS ORDERED TO BE DETAINED, HE OR SHE SHALL BE BROUGHT BEFORE THE NEXT SESSION OF THE YOUTH PART. IF THE DEFENDANT IS NOT DETAINED, HE OR SHE SHALL BE ORDERED TO APPEAR AT THE NEXT SESSION OF THE YOUTH PART. 2. IF THE DEFENDANT WAIVES A HEARING UPON THE FELONY COMPLAINT, THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF THE GRAND JURY WITH RESPECT TO THE CHARGE OR CHARGES CONTAINED IN THE FELONY COMPLAINT. 3. IF THERE BE A HEARING, THEN AT THE CONCLUSION OF THE HEARING, THE COURT MUST DISPOSE OF THE FELONY COMPLAINT AS FOLLOWS: (A) IF THERE IS A REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF EIGHTEEN IS CRIMINALLY RESPONSIBLE, THE COURT MUST ORDER THAT THE DEFENDANT BE HELD FOR THE ACTION OF A GRAND JURY; OR S. 6406--A 88 A. 9006--A (B) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED A CRIME FOR WHICH A PERSON UNDER THE AGE OF SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF 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 DEFEND- ANT 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 TITLE; OR (C) IF THERE IS NOT REASONABLE CAUSE TO BELIEVE THAT THE DEFENDANT COMMITTED ANY CRIMINAL ACT, THE COURT MUST DISMISS THE FELONY COMPLAINT AND DISCHARGE THE DEFENDANT FROM CUSTODY IF HE OR SHE IS IN CUSTODY, OR IF HE OR SHE IS AT LIBERTY ON BAIL, IT MUST EXONERATE THE BAIL. 4. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION, A YOUTH PART SHALL, WITH THE CONSENT OF THE DISTRICT ATTORNEY, (A) ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF THE PENAL LAW AND A JUVENILE OFFENDER ACCUSED OF COMMITTING A VIOLENT FELONY OFFENSE AS DEFINED IN SECTION 70.02 OF THE PENAL LAW AT AGE SIXTEEN, OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AT AGE SIXTEEN OR SEVENTEEN, FOR WHICH A YOUTH AGE FIFTEEN OR YOUNGER IS NOT CRIMINALLY RESPONSIBLE, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, AFTER CONSIDER- ATION OF THE FACTORS SET FORTH IN PARAGRAPH (C) OF THIS SUBDIVISION, THE COURT DETERMINES THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. PROVIDED, HOWEVER, THAT THE COURT SHALL FIND THAT SUCH REMOVAL IS NOT IN THE INTERESTS OF JUSTICE IF THE YOUTH PLAYED A PRIMARY ROLE IN COMMIS- SION OF THE CRIME OR AGGRAVATING CIRCUMSTANCES, INCLUDING BUT NOT LIMIT- ED TO THE YOUTH'S USE OF A WEAPON, ARE PRESENT. (B) AT THE REQUEST OF THE DISTRICT ATTORNEY, ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER, OTHER THAN AN ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, TO THE FAMILY COURT PURSUANT TO THE PROVISIONS OF ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THIS TITLE IF, UPON CONSIDERATION OF THE CRITERIA SET FORTH IN PARAGRAPH (C) OF THIS SUBDI- VISION, IT IS DETERMINED THAT TO DO SO WOULD BE IN THE INTERESTS OF JUSTICE. WHERE, HOWEVER, THE FELONY COMPLAINT CHARGES THE JUVENILE OFFENDER CHARGED WITH MURDER IN THE SECOND DEGREE AS DEFINED IN SECTION 125.25 OF THE PENAL LAW; RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDI- VISION 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; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION 130.75 OF THE PENAL LAW; PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF THE PENAL LAW WHERE THE UNDERLYING CRIME IS RAPE IN THE FIRST DEGREE, AS DEFINED IN SUBDIVISION ONE OF SECTION 130.35 OF THE PENAL LAW OR CRIMI- NAL 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 PARA- GRAPH (A) OF SUBDIVISION FORTY-ONE OF SECTION 1.20 OF THIS CHAPTER, A DETERMINATION THAT SUCH ACTION BE REMOVED TO THE FAMILY COURT SHALL, IN ADDITION, BE BASED UPON A FINDING OF 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 RELA- TIVELY MINOR ALTHOUGH NOT SO MINOR AS TO CONSTITUTE A DEFENSE TO THE PROSECUTION; OR (III) POSSIBLE DEFICIENCIES IN THE PROOF OF THE CRIME. S. 6406--A 89 A. 9006--A (C) IN MAKING ITS DETERMINATION PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION THE COURT SHALL, TO THE EXTENT APPLICABLE, EXAMINE INDIVID- UALLY AND COLLECTIVELY, THE FOLLOWING: (I) THE SERIOUSNESS AND CIRCUMSTANCES OF THE OFFENSE; (II) THE EXTENT OF HARM CAUSED BY THE OFFENSE; (III) THE EVIDENCE OF GUILT, WHETHER ADMISSIBLE OR INADMISSIBLE AT TRIAL; (IV) THE HISTORY, CHARACTER AND CONDITION OF THE DEFENDANT; (V) THE PURPOSE AND EFFECT OF IMPOSING UPON THE DEFENDANT A SENTENCE AUTHORIZED FOR THE OFFENSE; (VI) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT ON THE SAFETY OR WELFARE OF THE COMMUNITY; (VII) THE IMPACT OF A REMOVAL OF THE CASE TO THE FAMILY COURT UPON THE CONFIDENCE OF THE PUBLIC IN THE CRIMINAL JUSTICE SYSTEM; (VIII) WHERE THE COURT DEEMS IT APPROPRIATE, THE ATTITUDE OF THE COMPLAINANT OR VICTIM WITH RESPECT TO THE MOTION; AND (IX) ANY OTHER RELEVANT FACT INDICATING THAT A JUDGMENT OF CONVICTION IN THE CRIMINAL COURT WOULD SERVE NO USEFUL PURPOSE. (D) FOR THE PURPOSE OF MAKING A DETERMINATION WHETHER TO REMOVE THE CASE TO FAMILY COURT PURSUANT TO THIS SUBDIVISION, ANY EVIDENCE WHICH IS NOT LEGALLY PRIVILEGED MAY BE INTRODUCED. IF THE DEFENDANT TESTIFIES, HIS OR HER TESTIMONY MAY NOT BE INTRODUCED AGAINST HIM OR HER IN ANY FUTURE PROCEEDING, EXCEPT TO IMPEACH HIS OR HER TESTIMONY AT SUCH FUTURE PROCEEDING AS INCONSISTENT PRIOR TESTIMONY. (E) THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT THE POWERS OF THE GRAND JURY. 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO, THREE, OR FOUR OF THIS SECTION, IF A CURRENTLY UNDETERMINED FELONY COMPLAINT AGAINST A JUVENILE OFFENDER IS PENDING IN THE YOUTH PART, AND THE DEFENDANT HAS NOT WAIVED A HEARING PURSUANT TO SUBDIVISION TWO OF THIS SECTION AND A HEARING PURSUANT TO SUBDIVISION THREE HAS NOT COMMENCED, THE DEFENDANT MAY MOVE IN THE YOUTH PART, 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 PROCEED AND DETERMINE THE MOTION AS PROVIDED IN SECTION 210.43 OF THIS CHAPTER; PROVIDED, HOWEVER, THAT THE EXCEPTION PROVISIONS OF PARAGRAPH (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 2. The opening paragraph and subdivisions 2 and 3 of section 725.05 of the criminal procedure law, as added by chapter 481 of the laws of 1978, are amended to read as follows: When a [court] YOUTH PART directs that an action or charge is to be removed to the family court the [court] YOUTH PART must issue an order of removal in accordance with this section. Such order must be as follows: 2. Where the direction is authorized pursuant to paragraph (b) of subdivision [three] TWO of section [180.75] 725.20 of this [chapter] TITLE, it must specify the act or acts it found reasonable cause to believe the defendant did. 3. Where the direction is authorized pursuant to subdivision [four] THREE of section [180.75] 725.20 of this [chapter] TITLE, it must speci- fy the act or acts it found reasonable cause to allege. S. 6406--A 90 A. 9006--A S 3. Section 725.20 of the criminal procedure law, as added by chapter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by subdivision [four] THREE of THIS section [180.75], [or section 210.43,] or subparagraph (iii) of paragraph [(h)] (G) of subdi- vision five of section 220.10 of this chapter, or section 330.25 of this chapter. 2. When such an action is removed the court that directed the removal must cause the following additional records to be filed with the clerk of the county court or in the city of New York with the clerk of the supreme court of the county wherein the action was pending and with the division of criminal justice services: (a) A certified copy of the order of removal; (b) [Where the direction is one authorized by subdivision four of section 180.75 of this chapter, a copy of the statement of the district attorney made pursuant to paragraph (b) of subdivision six of section 180.75 of this chapter; (c) Where the direction is authorized by section 180.75, a copy of the portion of the minutes containing the statement by the court pursu- ant to paragraph (a) of subdivision six of such section 180.75; (d)] Where the direction is one authorized by subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 or section 330.25 of this chapter, a copy of the minutes of the plea of guilty, including the minutes of the memorandum submitted by the district attor- ney and the court; [(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) of subdivision five of section 210.43; (f) Where the direction is one authorized by paragraph (b) of subdi- vision one of section 210.43 of this chapter, a copy of that portion of the minutes containing the statement of the district attorney made pursuant to paragraph (b) of subdivision five of section 210.43;] and [(g)] (C) In addition to the records specified in this subdivision, such further statement or submission of additional information pertain- ing to the proceeding in criminal court in accordance with standards established by the commissioner of the division of criminal justice services, subject to the provisions of subdivision three of this section. 3. It shall be the duty of said clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section. Upon receipt of such orders and minutes the clerk must promptly delete such portions as would identify the defendant, but the clerk shall neverthe- less maintain a separate confidential system to enable correlation of the documents so filed with identification of the defendant. After making such deletions the orders and minutes shall be placed within the file and must be available for public inspection. Information permit- ting correlation of any such record with the identity of any defendant shall not be divulged to any person except upon order of a justice of the supreme court based upon a finding that the public interest or the interests of justice warrant disclosure in a particular cause for a particular case or for a particular purpose or use. S. 6406--A 91 A. 9006--A S 4. The article heading of article 100 of the criminal procedure law is amended to read as follows: COMMENCEMENT OF ACTION IN LOCAL CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL CRIMINAL COURT] ACCUSATORY INSTRUMENTS S 5. The first undesignated paragraph of section 100.05 of the crimi- nal procedure law is amended to read as follows: A criminal action is commenced by the filing of an accusatory instru- ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE YOUTH PART OF THE SUPERIOR COURT, and if more than one such instrument is filed in the course of the same criminal action, such action commences when the first of such instruments is filed. The only way in which a criminal action can be commenced in a superior court, OTHER THAN A CRIMINAL ACTION AGAINST A JUVENILE OFFENDER, is by the filing there- with by a grand jury of an indictment against a defendant who has never been held by a local criminal court for the action of such grand jury with respect to any charge contained in such indictment. Otherwise, a criminal action can be commenced only in a local criminal court, by the filing therewith of a local criminal court accusatory instrument, name- ly: S 6. The section heading and subdivision 5 of section 100.10 of the criminal procedure law are amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; definitions thereof. 5. A "felony complaint" is a verified written accusation by a person, filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT, charging one or more other persons with the commission of one or more felonies. It serves as a basis for the commencement of a criminal action, but not as a basis for prosecution thereof. S 7. The section heading of section 100.40 of the criminal procedure law is amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; sufficiency on face. S 8. The criminal procedure law is amended by adding a new section 100.60 to read as follows: S 100.60 YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN WHAT COURTS FILED. ANY YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION. S 9. The article heading of article 110 of the criminal procedure law is amended to read as follows: REQUIRING DEFENDANT'S APPEARANCE IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT FOR ARRAIGNMENT S 10. Section 110.10 of the criminal procedure law is amended to read as follows: S 110.10 Methods of requiring defendant's appearance in local criminal court OR YOUTH PART OF THE SUPERIOR COURT for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain S. 6406--A 92 A. 9006--A circumstances be compelled or required to appear for arraignment upon such accusatory instrument by: (a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or (b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or (c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state. 2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court OR YOUTH PART OF A SUPERIOR COURT for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by: (a) An arrest made without a warrant, as provided in article one hundred forty; or (b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty. S 11. Section 110.20 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu- satory instruments; notice thereof to district attorney. When a criminal action in which a crime is charged is commenced in a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT other than the criminal court of the city of New York, a copy of the accusatory instru- ment shall be promptly transmitted to the appropriate district attorney upon or prior to the arraignment of the defendant on the accusatory instrument. If a police officer or a peace officer is the complainant or the filer of a simplified information, or has arrested the defendant or brought him before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT on behalf of an arresting person pursuant to subdivision one of section 140.20, such officer or his agency shall transmit the copy of the accusatory instrument to the appropriate district attorney. In all other cases, the clerk of the court in which the defendant is arraigned shall so transmit it. S 12. The opening paragraph of subdivision 1 of section 120.20 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: When a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato- ry instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court with respect thereto: S 13. Section 120.30 of the criminal procedure law is amended to read as follows: S 120.30 Warrant of arrest; by what courts issuable and in what courts returnable. 1. A warrant of arrest may be issued only by the local criminal court OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory instrument has been filed, and it may be made returnable in such issuing court only. 2. The particular local criminal court or courts OR YOUTH PART OF THE SUPERIOR COURT with which any particular local criminal court OR YOUTH PART OF THE SUPERIOR COURT accusatory instrument may be filed for the purpose of obtaining a warrant of arrest are determined, generally, by S. 6406--A 93 A. 9006--A the provisions of section 100.55 OR 100.60. If, however, a particular accusatory instrument may pursuant to said section 100.55 be filed with a particular town court and such town court is not available at the time such instrument is sought to be filed and a warrant obtained, such accu- satory instrument may be filed with the town court of any adjoining town of the same county. If such instrument may be filed pursuant to said section 100.55 with a particular village court and such village court is not available at the time, it may be filed with the town court of the town embracing such village, or if such town court is not available either, with the town court of any adjoining town of the same county. S 14. Section 120.55 of the criminal procedure law, as amended by section 71 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S 120.55 Warrant of arrest; defendant under parole or probation super- vision. If the defendant named within a warrant of arrest issued by a local criminal court OR YOUTH PART OF THE SUPERIOR COURT pursuant to the provisions of this article, or by a superior court issued pursuant to subdivision three of section 210.10 of this chapter, is under the super- vision of the state department of corrections and community supervision or a local or state probation department, then a warrant for his or her arrest may be executed by a parole officer or probation officer, when authorized by his or her probation director, within his or her geograph- ical area of employment. The execution of the warrant by a parole offi- cer or probation officer shall be upon the same conditions and conducted in the same manner as provided for execution of a warrant by a police officer. S 15. Subdivision 1 of section 120.70 of the criminal procedure law is amended to read as follows: 1. A warrant of arrest issued by a district court, by the New York City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior court judge sitting as a local criminal court may be executed anywhere in the state. S 16. Subdivisions 1 and 6 of section 120.90 of the criminal procedure law, as amended by chapter 424 of the laws of 1998, are amended and a new subdivision 5-a is added to read as follows: 1. Upon arresting a defendant for any offense pursuant to a warrant of arrest in the county in which the warrant is returnable or in any adjoining county, or upon so arresting him for a felony in any other county, a police officer, if he be one to whom the warrant is addressed, must without unnecessary delay bring the defendant before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant is returnable. 5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION, TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. 6. Before bringing a defendant arrested pursuant to a warrant before the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such warrant is returnable, a police officer must without unnecessary delay perform all fingerprinting and other preliminary police duties required in the particular case. In any case in which the defendant is not brought by a police officer before such court but, following his arrest in another county for an offense specified in subdivision one of section S. 6406--A 94 A. 9006--A 160.10, is released by a local criminal court of such other county on his own recognizance or on bail for his appearance on a specified date before the local criminal court before which the warrant is returnable, the latter court must, upon arraignment of the defendant before it, direct that he be fingerprinted by the appropriate officer or agency, and that he appear at an appropriate designated time and place for such purpose. S 17. Subdivision 1 of section 130.10 of the criminal procedure law, as amended by chapter 446 of the laws of 1993, is amended to read as follows: 1. A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor's information, a felony complaint or a misdemeanor complaint filed with such court, OR A YOUTH PART OF A SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A FELONY COMPLAINT, or by a superior court directing a defendant desig- nated in an indictment filed with such court, to appear before it at a designated future time in connection with such accusatory instrument. The sole function of a summons is to achieve a defendant's court appear- ance in a criminal action for the purpose of arraignment upon the accu- satory instrument by which such action was commenced. S 18. Section 130.30 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: S 130.30 Summons; when issuable. A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a summons in any case in which, pursuant to section 120.20, it is author- ized to issue a warrant of arrest based upon an information, a prosecutor's information, a felony complaint or a misdemeanor complaint. If such information, prosecutor's information, felony complaint or misdemeanor complaint is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an authorized accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument. A superior court may issue a summons in any case in which, pursuant to section 210.10, it is authorized to issue a warrant of arrest based upon an indictment. S 19. Subdivision 1 of section 140.20 of the criminal procedure law is amended by adding a new paragraph (e) to read as follows: (E) IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 20. 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 S. 6406--A 95 A. 9006--A 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 21. Subdivision 2 of section 140.27 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: 2. Upon arresting a person without a warrant, a peace officer, except as otherwise provided in subdivision three OR THREE-A, must without unnecessary delay bring him or cause him to be brought before a local criminal court, as provided in section 100.55 and subdivision one of section 140.20, and must without unnecessary delay file or cause to be filed therewith an appropriate accusatory instrument. If the offense which is the subject of the arrest is one of those specified in subdivi- sion one of section 160.10, the arrested person must be fingerprinted and photographed as therein provided. In order to execute the required post-arrest functions, such arresting peace officer may perform such functions himself or he may enlist the aid of a police officer for the performance thereof in the manner provided in subdivision one of section 140.20. S 22. Section 140.27 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows: 3-A. IF THE ARREST IS FOR A PERSON UNDER THE AGE OF SEVENTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON UNDER THE AGE OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 23. 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 S. 6406--A 96 A. 9006--A 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; (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 24. 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 25. Subdivisions 2, 3, 4, 5 and 6 of section 180.75 of the criminal procedure law are REPEALED. S 26. Subdivision 1 of section 180.75 of the criminal procedure law, as added by chapter 481 of the laws of 1978, is amended to read as follows: 1. When a juvenile offender is arraigned before [a local criminal court] THE YOUTH PART OF A SUPERIOR COURT, the provisions of [this S. 6406--A 97 A. 9006--A section] ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER shall apply in lieu of the provisions of sections 180.30, 180.50 and 180.70 of this article. S 27. The opening paragraph of section 180.80 of the criminal proce- dure law, as amended by chapter 556 of the laws of 1982, is amended to read as follows: Upon application of a defendant against whom a felony complaint has been filed with a local criminal court OR THE YOUTH PART OF A SUPERIOR COURT, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, with- out either a disposition of the felony complaint or commencement of a hearing thereon, the [local criminal] court must release him on his own recognizance unless: S 28. Subdivisions (a) and (b) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007 and subdivision (b) 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 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 COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN years of age for any conduct or crime other than 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; subdivision 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; (III) A PERSON SIXTEEN OR COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OF AGE FOR ANY CONDUCT OR CRIME OTHER THAN CONDUCT CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; A CRIME THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN S. 6406--A 98 A. 9006--A YEARS OF AGE OR OLDER; A CRIME DEFINED IN THE FOLLOWING SECTIONS OF THE PENAL LAW: SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP- ON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. (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 COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age OR YOUNGER did an act which, if done by a person over the age of sixteen, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN, 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. S 29. 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] SEVENTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 S. 6406--A 99 A. 9006--A 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 OR SHE would not have been criminally responsible by reason of infancy are based upon the same act or upon the same criminal transaction, as that term is defined in subdi- vision 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 30. The opening paragraph of subdivision 1 and subdivision 5 of section 210.43 of the criminal procedure law, as added by chapter 411 of the laws of 1979, are amended to read as follows: After [a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after] arraignment of a juvenile offender upon an indictment, the superior court may, on motion of any party or on its own motion: [5. a. If the court orders removal of the action to family court, it shall state on the record the factor or factors upon which its determi- nation is based, and, the court shall give its reasons for removal in detail and not in conclusory terms. b. The district attorney shall state upon the record the reasons for his consent to removal of the action to the family court. The reasons shall be stated in detail and not in conclusory terms.] S 31. Subparagraphs (i) and (iii) 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 and subparagraph (iii) as amended by chapter 264 of the laws of 2003, are amended to read as follows: (i) If the indictment charges a person fourteen [or], fifteen OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 responsible; (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 OR SIXTEEN YEAR OLD, OR COMMENCING JANUARY FIRST TWO THOUSAND NINETEEN, SEVENTEEN year old with the crimes of rape in the first degree as defined in subdivision 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 circum- stances 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 S. 6406--A 100 A. 9006--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. S 32. 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 SIXTEEN 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 ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, OR 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 ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, 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 OCCUR- RING ON THE NEXT BUSINESS DAY. S 33. 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 S. 6406--A 101 A. 9006--A 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. 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 34. 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 S. 6406--A 102 A. 9006--A 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 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 35. The criminal procedure law is amended by adding a new section 410.90-a to read as follows: S 410.90-A SUPERIOR COURT; YOUTH PART. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER. S 36. 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] SEVENTEEN OR EIGHTEEN. 1. When a principal who is (A) under the age of sixteen; OR (B) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN A PRINCIPAL WHO IS UNDER THE AGE OF SEVENTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN; OR (C) COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PRINCIPAL WHO IS UNDER THE AGE OF EIGHTEEN WHO COMMITTED AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, 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 direction is made the sheriff shall deliver the principal in accordance therewith 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 princi- pal, 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 37. 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: S. 6406--A 103 A. 9006--A 1. "Youth" means a person charged with a crime alleged to have been committed when he OR SHE was at least sixteen years old and less than [nineteen] TWENTY-ONE years old or a person charged with being a juve- nile offender as defined in subdivision forty-two of section 1.20 of this chapter. S 38. 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] SEVENTEEN years old, OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON LESS THAN EIGHTEEN YEARS OLD is not criminally responsible for conduct. 2. A person thirteen, fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON 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] THIS CHAPTER; and a person fourteen [or], fifteen, OR SIXTEEN YEARS OF AGE OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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] THIS CHAPTER. 3. A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OLD IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUT- ING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTITUT- ING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR MANSLAUGHTER); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST S. 6406--A 104 A. 9006--A DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTI- VATED FELONY; 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI- CAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI- NAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE 490 OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPON- SIBLE. 4. In any prosecution for an offense, lack of criminal responsibility by reason of infancy, as defined in this section, is a defense. S 39. Subdivision 2 of section 60.02 of the penal law, as amended by chapter 471 of the laws of 1980, is amended to read as follows: (2) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction for any felony, AND THE PERSON IS EIGHTEEN YEARS OF AGE OR YOUNGER, the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony provided, however, that (A) the court must not impose a sentence of [conditional discharge or] unconditional discharge if the youthful offender finding was substituted for a conviction of a felony defined in article two hundred twenty of this chapter; AND (B) NOTWITHSTANDING PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION 70.00 OF THIS TITLE, IF A TERM OF IMPRISONMENT IS IMPOSED, SUCH TERM SHALL BE A DEFINITE SENTENCE OF ONE YEAR OR LESS, OR A DETERMINATE SENTENCE, THE TERM OF WHICH MUST BE AT LEAST ONE YEAR AND MUST NOT EXCEED THREE YEARS, AND MUST INCLUDE, AS A PART THEREOF, A PERIOD OF POST RELEASE SUPERVISION IN ACCORDANCE WITH SUBDIVISION TWO-B OF SECTION 70.45 OF THIS TITLE. IN ANY CASE, WHERE A COURT IMPOSES A SENTENCE OF IMPRISONMENT IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDITIONAL DISCHARGE, SUCH IMPRISONMENT TERM SHALL NOT BE IN EXCESS OF SIX MONTHS, OR IN THE CASE OF AN INTERMITTENT TERM, NOT IN EXCESS OF FOUR MONTHS IN ACCORDANCE WITH PARAGRAPH (D) OF SUBDIVISION TWO OF SECTION 60.01 OF THIS ARTICLE. IF THE SENTENCE IS TO BE IMPOSED UPON A YOUTHFUL OFFENDER FINDING WHICH HAS BEEN SUBSTITUTED FOR A CONVICTION OF ANY FELONY, AND THE PERSON IS NINETEEN OR TWENTY YEARS OF AGE, THE COURT MUST SENTENCE SUCH PERSON PURSUANT TO THE S. 6406--A 105 A. 9006--A PROVISIONS OF THIS ARTICLE APPLICABLE TO A PERSON TWENTY-ONE YEARS OF AGE OR OLDER CONVICTED OF THE SAME OFFENSE. S 40. 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 CLASS A FELONY, OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, THE COURT SHALL SENTENCE THE DEFENDANT TO IMPRISONMENT PURSUANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLI- CABLE. When a juvenile offender is convicted of [a] ANY OTHER 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] ARTICLE. 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 [or], 70.10, 70.70, 70.71, 70.80, OR 485.10 OF THIS CHAPTER, when sentencing a person who commits a felony after [he] SUCH PERSON has reached the age of [sixteen] SEVENTEEN AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN, AND EIGHTEEN AS OF JANUARY FIRST, TWO THOUSAND NINETEEN. S 40-a. Subdivision 5 of section 70.00 of the penal law, as amended by chapter 482 of the laws of 2009, is amended to read as follows: 5. Life imprisonment without parole. Notwithstanding any other provision of law, a defendant sentenced to life imprisonment without parole shall not be or become eligible for parole or conditional release. For purposes of commitment and custody, other than parole and conditional release, such sentence shall be deemed to be an indetermi- nate sentence. A defendant may be sentenced to life imprisonment without parole upon conviction for the crime of murder in the first degree as defined in section 125.27 of this chapter and in accordance with the procedures provided by law for imposing a sentence for such crime. A defendant WHO WAS EIGHTEEN YEARS OF AGE OR OLDER AT THE TIME OF THE COMMISSION OF THE CRIME must be sentenced to life imprisonment without parole upon conviction for the crime of terrorism as defined in section 490.25 of this chapter, where the specified offense the defendant committed is a class A-I felony; the crime of criminal possession of a chemical weapon or biological weapon in the first degree as defined in section 490.45 of this chapter; or the crime of criminal use of a chemi- cal weapon or biological weapon in the first degree as defined in section 490.55 of this chapter; provided, however, that nothing in this subdivision shall preclude or prevent a sentence of death when the defendant is also convicted of the crime of murder in the first degree as defined in section 125.27 of this chapter. A DEFENDANT WHO WAS SEVENTEEN YEARS OF AGE OR YOUNGER AT THE TIME OF THE COMMISSION OF THE CRIME MAY BE SENTENCED TO LIFE IMPRISONMENT WITHOUT PAROLE UPON CONVICTION FOR A CRIME OF TERRORISM AS DEFINED IN SECTION 490.25 OF THIS CHAPTER, WHERE THE SPECIFIED OFFENSE IS A CLASS A-I FELONY; THE CRIME OF CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE S. 6406--A 106 A. 9006--A FIRST DEGREE AS DEFINED IN SECTION 490.45 OF THIS CHAPTER; OR THE CRIME OF CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE AS DEFINED IN SECTION 490.55 OF THIS CHAPTER. A defendant must be sentenced to life imprisonment without parole upon conviction for the crime of murder in the second degree as defined in subdivision five of section 125.25 of this chapter or for the crime of aggravated murder as defined in subdivision one of section 125.26 of this chapter. A defend- ant may be sentenced to life imprisonment without parole upon conviction for the crime of aggravated murder as defined in subdivision two of section 125.26 of this chapter. S 41. Section 70.05 of the penal law, as added by chapter 481 of the laws of 1978, subdivision 1 as amended by chapter 615 of the laws of 1984, paragraph (e) of subdivision 2 as added and paragraph (c) of subdivision 3 as amended by chapter 435 of the laws of 1998, paragraph (a) of subdivision 3 as amended by chapter 174 of the laws of 2003, is amended to read as follows: S 70.05 Sentence of imprisonment for juvenile offender. 1. [Indeterminate sentence] SENTENCE. A sentence of imprisonment for a JUVENILE OFFENDER CONVICTED OF A CLASS A felony OTHER THAN MURDER IN THE SECOND DEGREE AS DEFINED BY SECTION 125.25, ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, SHALL BE IMPOSED BY THE COURT PURSU- ANT TO THE PROVISIONS OF SECTION 70.00, 70.06, 70.07, 70.08, OR 70.71 OF THIS CHAPTER, AS APPLICABLE. A SENTENCE OF IMPRISONMENT FOR THE CLASS A-1 FELONY OF MURDER IN THE SECOND DEGREE committed by a juvenile offen- der shall be an indeterminate sentence. When such a sentence is imposed, the court shall impose [a] THE MINIMUM PERIOD OF IMPRISONMENT AND maxi- mum term in accordance with the provisions of subdivision two of this section [and the minimum period of imprisonment shall be as provided in subdivision three of this section]. EXCEPT AS PROVIDED HEREIN, A SENTENCE OF IMPRISONMENT FOR ANY OTHER FELONY COMMITTED BY A JUVENILE OFFENDER SHALL BE A DETERMINATE SENTENCE. WHEN SUCH A SENTENCE IS IMPOSED, THE COURT SHALL IMPOSE A TERM OF IMPRISONMENT IN WHOLE OR HALF YEARS IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION AND A PERIOD OF POST-RELEASE SUPERVISION IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWO-B OF SECTION 70.45 OF THIS ARTICLE. The court shall further provide that where a juvenile offender is under placement pursuant to article three of the family court act, any sentence imposed pursuant to this section which is to be served consec- utively with such placement shall be served in a facility designated pursuant to subdivision four of section 70.20 of this article prior to service of the placement in any previously designated facility. 2. [Maximum term of] INDETERMINATE sentence. [The maximum term of an indeterminate sentence for a juvenile offender shall be at least three years and the term shall be fixed as follows: (a)] For the class A felony of murder in the second degree, the MAXI- MUM term shall be life imprisonment[;], AND THE MINIMUM PERIOD OF IMPRI- SONMENT SHALL BE SPECIFIED IN THE SENTENCE AS FOLLOWS: (A) WHERE THE DEFENDANT WAS THIRTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, OR WAS FOURTEEN OR FIFTEEN AT THE TIME OF SUCH OFFENSE AND THE SENTENCE IS FOR AN OFFENSE SPECIFIED IN SUBDIVISION THREE OF SECTION 125.25 OF THIS CHAPTER, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST FIVE YEARS BUT SHALL NOT EXCEED NINE YEARS; (B) EXCEPT AS SPECIFIED IN PARAGRAPH (A) OF THIS SUBDIVISION WHERE THE DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN SEVENTEEN YEARS OLD, AND, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, WHERE THE S. 6406--A 107 A. 9006--A DEFENDANT WAS AT LEAST FOURTEEN YEARS OLD BUT LESS THAN EIGHTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE MINIMUM PERIOD OF IMPRISONMENT SHALL BE AT LEAST SEVEN AND ONE HALF YEARS BUT SHALL NOT EXCEED FIFTEEN YEARS. [(b)] 3. DETERMINATE SENTENCE. (A) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first degree the DETERMINATE term shall be fixed by the court, and shall be at least [twelve] FOUR years but shall not exceed fifteen years; [(c)] (B)(I) EXCEPT AS PROVIDED FOR IN SUBPARAGRAPH (II) OF THIS PARA- GRAPH, for a class B felony, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [ten] SEVEN years; (II) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS ARTICLE, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANU- ARY FIRST, TWO THOUSAND NINETEEN, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST FIVE YEARS BUT SHALL NOT EXCEED TWENTY YEARS; PROVIDED, HOWEVER, THAT WHERE THE COURT, HAVING REGARD TO THE NATURE AND CIRCUMSTANCES OF THE CRIME AND TO THE HISTORY AND CHARACTER OF THE DEFENDANT, IS OF THE OPINION THAT IT WOULD BE UNDU- LY HARSH TO IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN FIVE YEARS AND NO MORE THAN TWENTY-FIVE YEARS, THE COURT MAY IMPOSE A DETERMINATE SENTENCE OF NO LESS THAN ONE YEAR AND NO MORE THAN SEVEN YEARS; (III) FOR A CLASS B VIOLENT FELONY AS DEFINED BY SECTION 70.02 OF THIS ARTICLE, WHERE THE DEFENDANT WAS FOURTEEN OR FIFTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED SEVEN YEARS; [(d)] (C) For a class C felony, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [seven] FIVE years; and [(e)] (D) For a class D felony, the DETERMINATE term shall be fixed by the court, and shall BE AT LEAST ONE YEAR BUT SHALL not exceed [four] THREE years; AND (E) FOR A CLASS E FELONY, WHERE THE DEFENDANT WAS SIXTEEN YEARS OLD, AND COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, WHERE THE DEFENDANT WAS SIXTEEN OR SEVENTEEN YEARS OLD AT THE TIME OF SUCH OFFENSE, THE DETERMINATE TERM SHALL BE FIXED BY THE COURT, AND SHALL BE AT LEAST ONE YEAR BUT SHALL NOT EXCEED TWO YEARS. [3. Minimum period of imprisonment. The minimum period of imprisonment under an indeterminate sentence for a juvenile offender shall be speci- fied in the sentence as follows: (a) For the class A felony of murder in the second degree, the minimum period of imprisonment shall be fixed by the court and shall be not less than five years but shall not exceed nine years provided, however, that where the sentence is for an offense specified in subdivision one or two of section 125.25 of this chapter and the defendant was fourteen or fifteen years old at the time of such offense, the minimum period of imprisonment shall be not less than seven and one-half years but shall not exceed fifteen years; (b) For the class A felony of arson in the first degree, or for the class A felony of kidnapping in the first 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 (c) For a class B, C or D felony, the minimum period of imprisonment shall be fixed by the court at one-third of the maximum term imposed.] S. 6406--A 108 A. 9006--A 4. A SENTENCE IMPOSED FOR A MISDEMEANOR OR VIOLATION COMMITTED BY A JUVENILE OFFENDER SHALL BE IN ACCORDANCE WITH SECTION 70.15 OF THIS CHAPTER. S 42. 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. [(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 43. 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 S. 6406--A 109 A. 9006--A mental health services and treatment being provided to such inmate under the provisions of paragraph (b) of this subdivision.] S 44. Paragraph (a) of 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 and two new paragraphs (a-1) and (a-2) are added to read as follows: (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], WHO IS given an indeterminate or a definite sentence, AND WHO IS UNDER THE AGE OF TWENTY-ONE AT THE TIME OF SENTENC- ING, 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 [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 execu- tive law. IF THE JUVENILE OFFENDER IS CONVICTED OR, IF THE JUVENILE OFFENDER WHO IS ADJUDICATED 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 SUPER- VISION. (A-1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A PERSON SIXTEEN YEARS OF AGE WHO COMMITS A VEHICLE AND TRAFFIC LAW OFFENSE THAT DOES NOT CONSTITUTE A JUVENILE OFFENDER OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND A PERSON SEVENTEEN YEARS OF AGE WHO COMMITS SUCH AN OFFENSE ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN WHO IS SENTENCED TO A TERM OF IMPRISONMENT WHO IS UNDER THE AGE OF TWENTY-ONE 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 CONFINEMENT OF SUCH OFFENDER IN FACILITIES OF THE OFFICE. (A-2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON WHO IS IN THE CUSTODY OF, OR IS COMMITTED TO, THE DEPARTMENT OF CORRECTIONS AND COMMU- NITY SUPERVISION WHO IS UNDER THE AGE OF EIGHTEEN SHALL, WITHIN THE DISCRETION OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION AND THE OFFICE OF CHILDREN AND FAMILY SERVICES, SUBJECT TO AVAILABLE CAPACITY, AND WHEN CONSISTENT WITH THE PERSON'S CIRCUMSTANCES, BE TRANS- FERRED 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 PLACEMENT FACILITY AND RELEASE OR TRANSFER OF SUCH OFFENDERS FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL BE GOVERNED BY SECTION FIVE HUNDRED EIGHT OF THE EXECU- TIVE LAW. S 44-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal law, as added by chapter 481 of the laws of 1978 and relettered by chap- ter 3 of the laws of 1995, is amended to read as follows: (f) [The aggregate maximum term of consecutive sentences imposed upon a juvenile offender for two or more crimes, not including a class A felony, committed before he has reached the age of sixteen, shall, if it exceeds ten years, be deemed to be ten years. If consecutive indetermi- nate sentences imposed upon a juvenile offender include a sentence for the class A felony of arson in the first degree or for the class A felo- ny of kidnapping in the first degree, then the aggregate maximum term of such sentences shall, if it exceeds fifteen years, be deemed to be fifteen years. Where the aggregate maximum term of two or more consec- utive sentences is reduced by a calculation made pursuant to this para- S. 6406--A 110 A. 9006--A graph, the aggregate minimum period of imprisonment, if it exceeds one- half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced.] (I) THE AGGREGATE TERM OR MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, OTHER THAN TWO OR MORE SENTENCES THAT INCLUDE A SENTENCE FOR A CLASS A FELONY, OR A SENTENCE FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS TEN YEARS, BE DEEMED TO BE TEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS FIVE YEARS, SHALL BE DEEMED TO BE FIVE YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF TEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN TEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE TEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE FIVE YEARS OR SIX-SEVENTHS OF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. (II) THE AGGREGATE MAXIMUM TERM OF CONSECUTIVE SENTENCES IMPOSED UPON A JUVENILE OFFENDER FOR TWO OR MORE CRIMES COMMITTED PRIOR TO THE TIME THE PERSON WAS IMPRISONED UNDER ANY OF SUCH SENTENCES, AT LEAST ONE OF WHICH IS THE CLASS A FELONY OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER BUT NO OTHER CLASS A FELONY, AND DOES NOT INCLUDE A SENTENCE IMPOSED FOR A CLASS B VIOLENT FELONY, SHALL, IF IT EXCEEDS FIFTEEN YEARS, BE DEEMED TO BE FIFTEEN YEARS, PROVIDED: (A) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE DETERMINATE AND THE AGGREGATE TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING A DETERMINATE TERM OF FIFTEEN YEARS; AND (B) WHERE ALL OF SUCH CONSECUTIVE SENTENCES ARE INDETERMINATE AND THE AGGREGATE MAXIMUM TERM EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS AND THE AGGREGATE MINIMUM PERIOD OF WHICH, IF IT EXCEEDS SEVEN AND ONE-HALF YEARS, SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS; AND (C) WHERE ONE OR MORE OF SUCH CONSECUTIVE SENTENCES IS A DETERMINATE SENTENCE AND ONE OR MORE OF WHICH IS AN INDETERMINATE SENTENCE: (1) IF THE AGGREGATE TERM OF THE DETERMINATE SENTENCES IS EQUAL TO OR EXCEEDS FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERV- ING A DETERMINATE TERM OF FIFTEEN YEARS; AND (2) IF THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES IS LESS THAN FIFTEEN YEARS, THE JUVENILE OFFENDER SHALL BE DEEMED TO BE SERVING AN INDETERMINATE SENTENCE, THE MAXIMUM TERM OF WHICH SHALL BE DEEMED TO BE FIFTEEN YEARS, AND THE MINIMUM PERIOD OF WHICH SHALL BE DEEMED TO BE SEVEN AND ONE-HALF YEARS OR SIX-SEVENTHS OF S. 6406--A 111 A. 9006--A THE TERM OR AGGREGATE TERM OF THE DETERMINATE SENTENCE OR SENTENCES, WHICHEVER IS GREATER. S 44-b. Section 70.45 of the penal law is amended by adding a new subdivision 2-b to read as follows: 2-B. PERIODS OF POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS AND YOUTHFUL OFFENDERS. (A) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A YOUTHFUL OFFENDER OR A JUVENILE OFFENDER ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT AT ONE YEAR. (B) THE PERIOD OF POST-RELEASE SUPERVISION FOR A DETERMINATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER NOT ADJUDICATED A YOUTHFUL OFFENDER MUST BE FIXED BY THE COURT IN WHOLE OR HALF YEARS AS FOLLOWS: (I) SUCH PERIOD SHALL BE ONE YEAR WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS D OR CLASS E FELONY OFFENSE; (II) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN TWO YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS C FELONY OFFENSE; (III) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN THREE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS B FELONY OFFENSE; PROVIDED, HOWEVER, THAT SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FOUR YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF A CLASS B VIOLENT FELONY OFFENSE WHERE THE DEFENDANT WAS SIXTEEN, AND COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN YEARS OLD AT THE TIME OF THE OFFENSE; AND (IV) SUCH PERIOD SHALL BE NOT LESS THAN ONE YEAR NOR MORE THAN FIVE YEARS WHENEVER A DETERMINATE SENTENCE OF IMPRISONMENT IS IMPOSED UPON A CONVICTION OF THE CLASS A FELONY OFFENSE OF ARSON IN THE FIRST DEGREE AS DEFINED BY SECTION 150.20 OR KIDNAPPING IN THE FIRST DEGREE AS DEFINED BY SECTION 135.25 OF THIS CHAPTER, AND A FIVE-YEAR PERIOD SHALL BE IMPOSED PURSUANT TO SUBDIVISION TWO OF THIS SECTION WHENEVER A DETERMI- NATE SENTENCE IMPOSED UPON A JUVENILE OFFENDER FOR ANY OTHER CLASS A FELONY. S 45. 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 (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 this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law; and] THIS CHAPTER; (2) a person fourteen [or], fifteen OR SIXTEEN YEARS OLD OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years old who is crimi- nally responsible for acts constituting the crimes defined in subdivi- sions 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 responsi- ble; 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); subdi- visions one and two of section 130.35 (rape in the first degree); subdi- visions 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 S. 6406--A 112 A. 9006--A (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 pursu- ant to section 130.91 of [the penal law] THIS CHAPTER; AND (3) A PERSON SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINE- TEEN, SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTI- TUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; ACTS CONSTI- TUTING A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THIS CHAPTER; ACTS CONSTITUTING ANY CRIME IN THIS CHAPTER THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR MANSLAUGHTER); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMI- NAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAP- ON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THIS CHAPTER WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPEC- IFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THIS CHAPTER WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELO- NY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THIS CHAPTER; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. S 46. 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 (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 S. 6406--A 113 A. 9006--A [or], fifteen OR SIXTEEN YEARS OLD, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, 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 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, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, A PERSON SIXTEEN OR SEVENTEEN YEARS OLD WHO IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING AN OFFENSE SET FORTH IN THE VEHICLE AND TRAFFIC LAW; A VIOLENT FELONY DEFINED IN SECTION 70.02 OF THE PENAL LAW; ACTS CONSTITUTING ANY CRIME IN THE PENAL LAW THAT IS CLASSIFIED AS A CLASS A FELONY EXCEPTING THOSE CLASS A FELONIES WHICH REQUIRE, AS AN ELEMENT OF THE OFFENSE, THAT THE DEFENDANT BE EIGHTEEN YEARS OF AGE OR OLDER; ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 120.03 (VEHICULAR ASSAULT IN THE SECOND DEGREE); 120.04 (VEHICULAR ASSAULT IN THE FIRST DEGREE); 120.04-A (AGGRAVATED VEHICULAR ASSAULT); 125.10 (CRIMINALLY NEGLIGENT HOMICIDE); 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE); 125.12 (VEHICULAR MANSLAUGHTER IN THE SECOND DEGREE); 125.13 (VEHICULAR MANSLAUGHTER IN THE FIRST DEGREE); 125.14 (AGGRAVATED VEHICULAR HOMICIDE); 125.15 (MANSLAUGHTER IN THE SECOND DEGREE); 125.20 (MANSLAUGHTER IN THE FIRST DEGREE); 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.70 (AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.11 (TAMPERING WITH A WITNESS IN THE THIRD DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.12 (TAMPERING WITH A WITNESS IN THE SECOND DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSI- BLE; 215.13 (TAMPERING WITH A WITNESS IN THE FIRST DEGREE) PROVIDED THAT THE CRIMINAL PROCEEDING IN WHICH THE PERSON IS TAMPERING IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE; 215.52 (AGGRAVATED CRIMINAL CONTEMPT); 130.95 (PREDATORY SEXUAL ASSAULT); 220.18 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.21 (CRIMINAL POSSESSION OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.41 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE SECOND DEGREE); 220.43 (CRIMINAL SALE OF A CONTROLLED SUBSTANCE IN THE FIRST DEGREE); 220.77 (OPERATING AS A MAJOR TRAFFICKER); 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMI- CAL WEAPON OR A BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMI- S. 6406--A 114 A. 9006--A NAL USE OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE); ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION TWO OF SECTION 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW; AND ACTS CONSTITUTING A CRIME SET FORTH IN SUBDIVISION ONE OF SECTION 105.10 AND SECTION 105.15 OF THE PENAL LAW PROVIDED THAT THE UNDERLYING CRIME FOR THE CONSPIRACY CHARGE IS ONE FOR WHICH SUCH PERSON IS CRIMINALLY RESPONSIBLE. S 47. 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 COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF SEVENTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, AND, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, NO COUNTY JAIL SHALL BE USED FOR THE CONFINEMENT OF ANY PERSON UNDER THE AGE OF EIGHTEEN WHO IS SENTENCED FOR AN OFFENSE COMMITTED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN. PLACEMENT OF ANY PERSON WHO MAY NOT BE CONFINED TO A COUNTY JAIL PURSUANT TO THIS SUBDIVISION SHALL BE DETER- MINED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. S 48. The criminal procedure law is amended by adding a new section 160.59 to read as follows: S 160.59 SEALING OF CERTAIN CONVICTIONS. 1. DEFINITIONS: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS; (A) "ELIGIBLE CONVICTION" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, 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 OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. (B) "SENTENCING JUDGE" SHALL MEAN THE JUDGE WHO PRONOUNCED SENTENCE UPON THE CONVICTION UNDER CONSIDERATION, OR IF THAT JUDGE IS NO LONGER SITTING IN A COURT IN THE JURISDICTION IN WHICH THE CONVICTION WAS OBTAINED, ANY OTHER JUDGE WHO IS SITTING IN THE CRIMINAL COURT WHERE THE JUDGMENT OF CONVICTION WAS ENTERED. 2. (A) A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY APPLY TO THE COURT IN WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSI- FICATION, THE APPLICATION SHALL BE MADE TO THE COURT IN WHICH THE DEFENDANT WAS LAST CONVICTED. (B) AN APPLICATION SHALL CONTAIN (I) A COPY OF A CERTIFICATE OF DISPO- SITION OR OTHER SIMILAR DOCUMENTATION FOR ANY OFFENSE FOR WHICH THE DEFENDANT HAS BEEN CONVICTED, OR AN EXPLANATION OF WHY SUCH CERTIFICATE OR OTHER DOCUMENTATION IS NOT AVAILABLE; (II) A SWORN STATEMENT OF THE DEFENDANT AS TO WHETHER HE OR SHE HAS FILED, OR THEN INTENDS TO FILE, ANY APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE; (III) A COPY OF ANY OTHER SUCH APPLICATION THAT HAS BEEN FILED; AND (IV) A STATEMENT AS TO THE CONVICTION OR CONVICTIONS FOR WHICH RELIEF IS BEING SOUGHT. S. 6406--A 115 A. 9006--A (C) A COPY OF ANY APPLICATION FOR SUCH SEALING SHALL BE SERVED UPON THE DISTRICT ATTORNEY OF THE COUNTY IN WHICH THE CONVICTION WAS OBTAINED. (D) WHEN SUCH APPLICATION IS FILED WITH THE COURT, IT SHALL BE ASSIGNED TO THE SENTENCING JUDGE UNLESS MORE THAN ONE APPLICATION IS FILED IN WHICH CASE THE APPLICATION SHALL BE ASSIGNED TO THE COUNTY COURT OR THE SUPREME COURT OF THE COUNTY IN WHICH THE CRIMINAL COURT IS LOCATED, WHO SHALL REQUEST AND RECEIVE FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES A FINGERPRINT BASED CRIMINAL HISTORY RECORD OF THE DEFENDANT, INCLUDING ANY SEALED OR SUPPRESSED RECORDS. THE DIVISION OF CRIMINAL JUSTICE SERVICES ALSO SHALL INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMATION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVESTIGATION FOR THIS PURPOSE, AND TO MAKE SUCH INFORMATION AVAIL- ABLE TO THE COURT, WHICH MAY MAKE THIS INFORMATION AVAILABLE TO THE DISTRICT ATTORNEY AND THE DEFENDANT. 3. THE SENTENCING JUDGE, OR COUNTY OR SUPREME COURT SHALL SUMMARILY DENY THE DEFENDANT'S APPLICATION WHEN: (A) THE DEFENDANT IS REQUIRED TO REGISTER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW; OR (B) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM NUMBER OF CONVICTIONS ALLOWABLE UNDER SECTION 160.58 OF THE CRIMINAL PROCEDURE LAW; OR (C) THE DEFENDANT HAS PREVIOUSLY OBTAINED SEALING OF THE MAXIMUM NUMBER OF CONVICTIONS ALLOWABLE UNDER SUBDIVISION FOUR OF THIS SECTION; OR (D) THE TIME PERIOD SPECIFIED IN SUBDIVISION FIVE OF THIS SECTION HAS NOT YET BEEN SATISFIED; OR (E) THE DEFENDANT HAS AN UNDISPOSED ARREST OR CHARGE PENDING; OR (F) THE DEFENDANT WAS CONVICTED OF ANY OFFENSE AFTER THE DATE OF THE ENTRY OF JUDGEMENT OF THE LAST CONVICTION FOR WHICH SEALING IS SOUGHT. 4. PROVIDED THAT THE APPLICATION IS NOT SUMMARILY DENIED FOR THE REASONS SET FORTH IN SUBDIVISION THREE OF THIS SECTION, A DEFENDANT WHO STANDS CONVICTED OF UP TO TWO ELIGIBLE OFFENSES, MAY OBTAIN SEALING OF NO MORE THAN TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE. 5. ANY ELIGIBLE OFFENSE MAY BE SEALED ONLY AFTER AT LEAST TEN YEARS HAVE PASSED SINCE THE ENTRY OF THE JUDGMENT OF THE DEFENDANT'S LATEST CONVICTION OR, IF THE DEFENDANT WAS SENTENCED TO INCARCERATION, INCLUD- ING A PERIOD OF INCARCERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION, THE DEFENDANT'S RELEASE FROM INCARCERATION IMPOSED ON HIS OR HER LATEST CONVICTION. 6. UPON DETERMINING THAT THE APPLICATION IS NOT SUBJECT TO MANDATORY DENIAL PURSUANT TO SUBDIVISION THREE OF THIS SECTION AND THAT THE APPLI- CATION IS OPPOSED BY THE DISTRICT ATTORNEY, THE SENTENCING JUDGE OR COUNTY OR SUPREME COURT SHALL CONDUCT A HEARING ON THE APPLICATION IN ORDER TO CONSIDER ANY EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE SENTENCING JUDGE IN HIS OR HER DECISION WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S CONVICTIONS. NO HEARING IS REQUIRED IF THE DISTRICT ATTORNEY DOES NOT OPPOSE THE APPLICATION. 7. IN CONSIDERING ANY SUCH APPLICATION, THE SENTENCING JUDGE OR COUNTY OR SUPREME COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO: (A) THE AMOUNT OF TIME THAT HAS ELAPSED SINCE THE DEFENDANT'S LAST CONVICTION; S. 6406--A 116 A. 9006--A (B) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE FOR WHICH THE DEFENDANT IS SEEKING RELIEF; (C) THE CIRCUMSTANCES AND SERIOUSNESS OF ANY OTHER OFFENSES FOR WHICH THE DEFENDANT STANDS CONVICTED; (D) THE CHARACTER OF THE DEFENDANT, INCLUDING ANY MEASURES THAT THE DEFENDANT HAS TAKEN TOWARD REHABILITATION, SUCH AS PARTICIPATING IN TREATMENT PROGRAMS, WORK, OR SCHOOLING, AND PARTICIPATING IN COMMUNITY SERVICE OR OTHER VOLUNTEER PROGRAMS; (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE FOR WHICH THE DEFENDANT IS SEEKING RELIEF; (F) THE IMPACT OF SEALING THE DEFENDANT'S RECORD UPON HIS OR HER REHA- BILITATION AND UPON HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY; AND (G) THE IMPACT OF SEALING THE DEFENDANT'S RECORD ON PUBLIC SAFETY AND UPON THE PUBLIC'S CONFIDENCE IN AND RESPECT FOR THE LAW. 8. WHEN A SENTENCING JUDGE OR COUNTY OR SUPREME COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, 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 EXCEPT AS PROVIDED FOR IN SUBDIVISION NINE OF THIS SECTION; PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGER- PRINTS, PALMPRINTS AND PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. THE CLERK OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES REGARDING THE RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION. THE CLERK ALSO SHALL NOTIFY ANY COURT IN WHICH THE DEFENDANT HAS STATED, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION, THAT HE OR SHE HAS FILED OR INTENDS TO FILE AN APPLICATION FOR SEALING OF ANY OTHER ELIGIBLE OFFENSE. 9. 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; OR (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; OR (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18 USC 921 (A) (3). S 48-a. Subdivision 16 of section 296 of the executive law, as sepa- rately 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, S. 6406--A 117 A. 9006--A corporation or association, including the state and any political subdi- vision thereof, to make any inquiry about, whether in any form of appli- 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 160.59 OR 160.58 of the criminal procedure law, in connection with the licens- ing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge informa- tion pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termi- nation of that criminal action or proceeding in favor of such individ- ual, 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 160.58 OR 160.59 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation 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 subdivi- sions 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 160.58 OR 160.59 of the criminal procedure law. S 49. 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] offense [as] defined in ARTICLE ONE HUNDRED THIRTY OR ARTICLE TWO HUNDRED SIXTY-THREE OF 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 50. 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: 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 S. 6406--A 118 A. 9006--A 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 FOR A FELONY, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS THAN SEVEN DAYS' NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON- STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRES OTHERWISE. S 51. Intentionally omitted. S 52. Intentionally omitted. S 53. Intentionally omitted. S 54. Paragraph (vi) of subdivision (a) and subdivision (e) of section 115 of the family court act, paragraph (vi) of subdivision (a) as amended and subdivision (e) as added by chapter 222 of the laws of 1994, are amended to read as follows: (vi) proceedings concerning juvenile delinquency as set forth in arti- cle three THAT ARE COMMENCED IN FAMILY COURT. (e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 55. Subdivision (b) of section 117 of the family court act is REPEALED and a new subdivision (b) is added to read as follows: (B) THERE IS HEREBY ESTABLISHED IN THE FAMILY COURT IN THE CITY OF NEW YORK AT LEAST ONE "DESIGNATED FELONY ACT PART" WHICH SHALL BE HELD SEPA- RATE FROM ALL OTHER PROCEEDINGS OF THE COURT, AND SHALL HAVE JURISDIC- TION OVER ALL JUVENILE DELINQUENCY PROCEEDINGS INVOLVING AN ALLEGATION THAT A PERSON COMMITTED AN ACT THAT WOULD CONSTITUTE A DESIGNATED FELONY ACT AS DEFINED IN SUBDIVISION EIGHT OF SECTION 301.2 OF THIS CHAPTER THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. ALL SUCH PROCEEDINGS SHALL BE ORIGINATED IN OR BE TRANSFERRED TO SUCH PART FROM OTHER PARTS AS THEY ARE MADE KNOWN TO THE COURT. OUTSIDE THE CITY OF NEW YORK, ALL PROCEEDINGS INVOLVING SUCH AN ALLEGATION SHALL HAVE A HEARING PREFERENCE OVER EVERY OTHER PROCEEDING IN THE COURT, EXCEPT PROCEEDINGS UNDER ARTICLE TEN OF THIS CHAPTER. S 56. 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: S. 6406--A 119 A. 9006--A (I) TEN OR ELEVEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTI- TUTE A CRIME AS DEFINED IN SECTION 125.27 (MURDER IN THE FIRST DEGREE) OR 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 SIXTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME IF COMMITTED BY AN ADULT; OR (III) SIXTEEN YEARS OF AGE OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SIXTEEN OR SEVENTEEN YEARS OF AGE WHO COMMITTED AN ACT THAT WOULD CONSTITUTE A CRIME, OR DISORDERLY CONDUCT AS DEFINED IN SECTION 240.20 OF THE PENAL LAW, OR HARASSMENT IN THE SECOND DEGREE AS DEFINED IN SECTION 240.26 OF THE PENAL LAW IF COMMITTED BY AN ADULT; AND (B) WHO IS EITHER: (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY; OR (II) 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. S 57. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivi- sion 9 as added by chapter 920 of the laws of 1982, are 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, OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexually motivated felony, where author- ized 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, OR SIXTEEN, OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexual- ly 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 commit- ted by a person thirteen, fourteen [or], fifteen, OR SIXTEEN, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age; or such conduct committed as a sexually motivated felony, where author- ized 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 four- teen 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 S. 6406--A 120 A. 9006--A person fourteen [or], fifteen, OR SIXTEEN OR, COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, SEVENTEEN years of age but only where there has been a prior finding by a court that such person has previously commit- ted 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 desig- nated 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 commit- ted by a person at least [seven] TWELVE but less than [sixteen] SEVEN- TEEN years of age, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN A PERSON AT LEAST TWELVE BUT LESS THAN 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 125.10 (CRIMI- NAL NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.11 (AGGRAVATED CRIMINALLY NEGLIGENT HOMICIDE) OF THE PENAL LAW; 125.15 (MANSLAUGHTER IN THE SECOND DEGREE) OF THE PENAL LAW; 125.21 (AGGRAVATED MANSLAUGHTER IN THE SECOND DEGREE) OF THE PENAL LAW; 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE) OF THE PENAL LAW; 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD) OF THE PENAL LAW; 130.95 (PREDATORY SEXUAL ASSAULT) OF THE PENAL LAW; 220.77 (OPERATING AS A MAJOR TRAFFICKER) OF THE PENAL LAW; 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE PENAL LAW; 490.55 (CRIMINAL USE OF A CHEMICAL WEAP- ON OR A BIOLOGICAL WEAPON IN THE FIRST DEGREE) OF THE PENAL LAW; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN 130.91 OF THE PENAL LAW WHEN COMMITTED AS A SEXUALLY MOTIVATED FELONY; ACTS CONSTITUTING A SPECIFIED OFFENSE DEFINED IN SUBDIVISION THREE OF SECTION 490.05 OF THE PENAL LAW WHEN COMMITTED AS AN ACT OF TERRORISM; OR ACTS CONSTITUTING A FELONY DEFINED IN ARTICLE FOUR HUNDRED NINETY OF THE PENAL LAW, COMMITTED BY A PERSON AT LEAST SIXTEEN BUT LESS THAN SEVENTEEN YEARS OF AGE, OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, AT LEAST SIXTEEN BUT LESS THAN EIGHTEEN YEARS OF AGE. 9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A CLASS A FELONY IF COMMITTED BY AN ADULT. S 58. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 59. 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 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 S. 6406--A 121 A. 9006--A 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 OF THIS PART 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 60. Subdivision 1 of section 304.2 of the family court act, as added by chapter 683 of the laws of 1984, is amended to read as follows: (1) Upon application by the presentment agency, OR UPON APPLICATION BY THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, pursuant to section 305.1 or 305.2 or upon the issu- ance of an appearance ticket pursuant to section 307.1 or upon the filing of a petition pursuant to section 310.1 OF THIS PART. S 61. 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 62. 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 63. 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 64. 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 S. 6406--A 122 A. 9006--A 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-I 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 CONSTITUTES 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 65. Subdivisions 2 and 4 of section 307.3 of the family court act, subdivision 2 as amended by chapter 419 of the laws of 1987 and subdivi- sion 4 as added by chapter 920 of the laws of 1982, are amended to read as follows: 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 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 AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; AND (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. 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 and shall forthwith serve a copy of the appli- cation upon the appropriate presentment agency. Nothing in this subdivi- sion shall preclude the adjustment of suitable cases pursuant to section 308.1. S 66. The section heading and subdivisions 1, 2, 3, 9, 12 and 13 of section 308.1 of the family court act, the section heading and subdivi- S. 6406--A 123 A. 9006--A sions 1, 3, 9, 12 and 13 as added by chapter 920 of the laws of 1982 and subdivision 2 as amended by section 3 of part V of chapter 55 of the laws of 2012, are amended to read as follows: [Rules of court for preliminary] PRELIMINARY procedure; ADJUSTMENT OF CASES. 1. [Rules of court shall authorize and determine the circum- stances under which the] THE probation service may confer with any person seeking to have a juvenile delinquency petition filed, the poten- tial respondent and other interested persons concerning the advisability 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,] ATTEMPT TO adjust [suitable cases] A CASE before a petition is filed IF THE PROBATION SERVICE DETERMINES THAT THE CASE IS SUITABLE FOR ADJUSTMENT BASED ON THE ASSESSED LEVEL OF RISK THAT THE CHILD WILL COMMIT ANOTHER ACT THAT WOULD CONSTITUTE A CRIME AS DETER- MINED BY A VALIDATED RISK ASSESSMENT INSTRUMENT AND THE EXTENT OF ANY PHYSICAL INJURY TO THE VICTIM. (B) IF A CHILD IS ASSESSED AT A LOW LEVEL OF RISK AND THE EVENTS IN THE CASE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE A VIOLATION OR A MISDEMEANOR IF COMMITTED BY AN ADULT, 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 DETER- MINES THAT THERE IS NO SUBSTANTIAL LIKELIHOOD THAT THE CHILD WILL BENE- FIT FROM ATTEMPTS AT ADJUSTMENT IN THE TIME REMAINING FOR ADJUSTMENT OR THE TIME FOR ADJUSTMENT HAS EXPIRED. (C) 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. (D) THE PROBATION SERVICE MAY MAKE AN APPLICATION TO THE COURT FOR A TEMPORARY ORDER OF PROTECTION AS PART OF THE ADJUSTMENT OF A CASE IN ACCORDANCE WITH SECTION 304.2 OF THIS PART. (E) 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. 3. The probation service shall not ATTEMPT TO adjust a case THAT COMMENCED IN FAMILY COURT 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. 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. 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 S. 6406--A 124 A. 9006--A respondent's fingerprints were taken pursuant to section 306.1 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 IT HAS RECEIVED THE WRITTEN APPROVAL OF THE COURT. S 67. 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 68. 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) THE EVENTS UNDERLYING THE INITIAL APPEARANCE APPEAR TO INVOLVE ONLY ALLEGATIONS THAT THE CHILD COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED 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: (1) 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; (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE DETENTION RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT DETENTION IS NECES- SARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMINENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 69. Paragraphs (a) and (b) of subdivision 5 of section 322.2 of the family court act, paragraph (a) as amended by chapter 41 of the laws of 2010 and paragraph (b) as added by chapter 920 of the laws of 1982, are 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 commit- ted to the custody of the commissioner of mental health or the commis- sioner of [mental retardation and] PERSONS WITH developmental disabili- ties for an initial period not to exceed one year from the date of such order. Such period may be extended annually upon further application 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 counsel S. 6406--A 125 A. 9006--A representing the respondent and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such applica- tion, the court must conduct a hearing to determine the issue of capaci- ty. If, at the conclusion of a hearing conducted pursuant to this subdi- vision, the court finds that the respondent is no longer incapacitated, 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 reasonable period of time necessary to determine whether the respondent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respondent's eighteenth birth- day OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWENTY-FIRST BIRTHDAY. (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. S 70. Subdivisions 1 and 5 of section 325.1 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision 5 as added by chapter 920 of the laws of 1982, are 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. 5. Where the petition consists of an order of removal pursuant to article seven hundred twenty-five of the criminal procedure law, unless the removal was pursuant to subdivision three of section 725.05 of such law and the respondent was not afforded a probable cause hearing pursu- ant to subdivision [three] TWO of section [180.75] 725.20 of such law [for a reason other than his waiver thereof pursuant to subdivision two of section 180.75 of such law], the petition shall be deemed to be based upon a determination that probable cause exists to believe the respond- ent is a juvenile delinquent and the respondent shall not be entitled to any further inquiry on the subject of whether probable cause exists. After the filing of any such petition the court must, however, exercise independent, de novo discretion with respect to release or detention as set forth in section 320.5 OF THIS PART. S 71. 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] ACCORDANCE with section 353.5 OF THIS PART. 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 interests of the respondent and the need for protection of the community; PROVIDED, HOWEVER, THAT THE COURT SHALL NOT S. 6406--A 126 A. 9006--A DIRECT THE PLACEMENT OF A RESPONDENT WITH A COMMISSIONER OF SOCIAL SERVICES OR THE OFFICE OF CHILDREN AND FAMILY SERVICES IF: (I) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE NO MORE THAN A VIOLATION IF COMMITTED BY AN ADULT; OR (II) THE RESPONDENT ONLY COMMITTED ACTS THAT WOULD CONSTITUTE MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) THE ACTS DID NOT RESULT IN ANY PHYSICAL INJURY AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE PENAL LAW TO ANOTHER PERSON; (2) THE RESPONDENT DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) THE RESPONDENT HAS NO MORE THAN ONE PRIOR ADJUDICATION FOR AN ACT THAT WOULD CONSTITUTE A MISDEMEANOR IF COMMITTED BY AN ADULT AND THAT ACT DID NOT RESULT IN ANY PHYSICAL HARM TO ANOTHER PERSON; AND (4) THE RESPONDENT WAS ASSESSED AT A LOW RISK ON THE APPLICABLE PRE-DISPOSITIONAL RISK ASSESSMENT INSTRUMENT APPROVED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES UNLESS THE COURT DETERMINES THAT SUCH A PLACEMENT IS NECESSARY BECAUSE THE RESPONDENT OTHERWISE POSES AN IMMI- NENT RISK TO PUBLIC SAFETY AND STATES THE REASONS FOR SUCH DETERMINATION IN THE COURT ORDER. S 72. The opening paragraph of subparagraph (iii) of paragraph (a) and paragraph (d) of subdivision 4 of section 353.5 of the family court act, as amended by section 6 of subpart A of part G of chapter 57 of the laws of 2012, are amended to read as follows: 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 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 73. 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. 6406--A 127 A. 9006--A S 74. Subdivision 1, 2, 6 and 7 of section 354.1 of the family court act, subdivision 1 as added by chapter 920 of the laws of 1982, subdivi- sions 2, 6 and 7 as amended by chapter 645 of the laws of 1996, are amended to read as follows: 1. 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 a family court pursuant to article seven hundred twenty-five of the criminal procedure law is adjudicated to be a juvenile 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 adjudi- cation is based would constitute a class [A or B] A-1 felony OR, IN THE CASE OF A PERSON 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 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. 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 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 S. 6406--A 128 A. 9006--A 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 75. Subdivision 6 of section 355.3 of the family court act, as amended by chapter 663 of the laws of 1985, is amended to read as follows: 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 76. 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 77. Section 360.3 of the family court act is amended by adding a new subdivision 7 to read as follows: 7. NOTHING HEREIN SHALL AUTHORIZE A RESPONDENT TO BE DETAINED UNDER SUBDIVISION TWO OF THIS SECTION OR PLACED UNDER SUBDIVISION SIX OF THIS SECTION FOR A VIOLATION OF A CONDITION THAT WOULD NOT CONSTITUTE A CRIME IF COMMITTED BY AN ADULT UNLESS THE COURT DETERMINES (A) THAT THE RESPONDENT POSES A SPECIFIC IMMINENT THREAT TO PUBLIC SAFETY AND STATES THE REASONS FOR THE FINDING ON THE RECORD OR (B) 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 HAS BEEN EXHAUSTED WITHOUT SUCCESS. S 78. 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 79. Subdivisions 3 and 4 of section 502 of the executive law, subdi- vision 3 as amended by section 1 of subpart B of part Q of chapter 58 of the laws of 2011 and subdivision 4 as added by chapter 465 of the laws of 1992, are amended to read as follows: S. 6406--A 129 A. 9006--A 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 OR PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT IF THE PETITION PURSUANT TO SUCH ARTICLE WAS FILED PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN. Only alleged or convicted juvenile offenders who have not attained their eighteenth OR, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, THEIR 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 years of age and not more than twenty OR COMMENCING JANUARY FIRST, TWO THOU- SAND EIGHTEEN, NOT MORE THAN TWENTY-TWO years of age. S 80. Paragraph (a) of subdivision 2 and subdivision 5 of section 507-a of the executive law, as amended by chapter 465 of the laws of 1992, are amended to read as follows: (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 twen- ty-one may be placed in[, committed to or remain in] the [division'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 TITLE 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 DESIG- NATED 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. 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 S. 6406--A 130 A. 9006--A youth attend a full-time vocational or educational program and are like- ly to benefit from such program. S 81. Paragraphs (a), (b), (c), (d) and (e) of subdivision 2 and subdivision 4 of section 508 of the executive law are REPEALED. S 82. Subdivisions 1, 2, 3, 5, 6, 7, 8 and 9 of section 508 of the executive law, subdivision 1 as amended by chapter 738 of the laws of 2004, subdivision 2 as amended by chapter 572 of the laws of 1985, subdivision 3 as added by chapter 481 of the laws of 1978 and renumbered by chapter 465 of the laws of 1992, subdivisions 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 subdivi- sion 9 as added by chapter 7 of the laws of 2007, are amended and a new subdivision 1-a is added to read as follows: 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 sentencing provisions of the penal law. Such facilities shall provide appropriate services to juvenile offenders including but not limited to residential care, educational and vocational training, physical and mental health services, and employment counseling. 1-A. (A) (I) THE STATE SHALL ESTABLISH ONE OR MORE FACILITIES WITH ENHANCED SECURITY FEATURES AND SPECIALLY TRAINED STAFF TO SERVE THOSE YOUTH SENTENCED FOR COMMITTING OFFENSES ON OR AFTER THEIR SIXTEENTH BIRTHDAY WHO ARE DETERMINED, BASED ON THE PLACEMENT CLASSIFICATION PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH (C) OF THIS SUBDIVISION, TO NEED AN ENHANCED LEVEL OF SECURE CARE WHICH SHALL BE ADMINISTERED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. (II) A COUNCIL COMPRISED OF THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, THE COMMISSIONER OF THE STATE COMMISSION OF CORRECTION, AND THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL BE ESTABLISHED TO OVERSEE THE OPERATION OF THE FACILITY. THE GOVERNOR SHALL DESIGNATE THE CHAIR OF THE COUNCIL. THE COUNCIL SHALL HAVE THE POWER TO PERFORM ALL ACTS NECESSARY TO CARRY OUT ITS DUTIES INCLUDING MAKING UNANNOUNCED VISITS AND INSPECTIONS OF THE FACILITY AT ANY TIME. NOTWITHSTANDING ANY OTHER PROVISION OF STATE LAW TO THE CONTRARY, THE COUNCIL MAY REQUEST AND THE OFFICE SHALL SUBMIT TO THE COUNCIL, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL INFORMATION IN THE FORM AND MANNER AND AT SUCH TIMES AS THE COUNCIL MAY REQUIRE THAT IS APPROPRIATE TO THE PURPOSES AND OPERATION OF THE COUNCIL. THE COUNCIL SHALL BE SUBJECT TO THE SAME LAWS AS APPLY TO THE OFFICE REGARDING THE PROTECTION AND CONFIDENTIALITY OF THE INFORMATION MADE AVAILABLE TO THE COUNCIL AND SHALL PREVENT ACCESS THERETO BY, OR THE DISTRIBUTION THEREOF TO, PERSONS NOT AUTHORIZED BY LAW. (III) YOUTH DIVISION AIDES AND OTHER APPROPRIATE STAFF WORKING IN THE FACILITY SHALL RECEIVE SPECIALIZED TRAINING TO ADDRESS WORKING WITH THE TYPES OF YOUTH PLACED IN THE FACILITY, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO, TRAINING ON TACTICAL RESPONSES AND DE-ESCALATION TECHNIQUES. ANY APPLICANT FOR EMPLOYMENT IN THE FACILITY AS A YOUTH DIVISION AIDE SHALL BE SUBJECT TO THE SAME REQUIREMENTS AND PROCESSES FOR PSYCHOLOG- ICAL SCREENING AS APPLICANTS FOR EMPLOYMENT AS CORRECTIONAL OFFICERS WITH THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION PURSUANT TO SECTION EIGHT OF THE CORRECTION LAW INCLUDING THE RIGHT TO REVIEW BY THE INDEPENDENT ADVISORY BOARD ESTABLISHED PURSUANT TO SUCH SECTION, PROVIDED, HOWEVER, THAT WHEN REFERRED TO IN SUCH SECTION "DEPARTMENT" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES AND "COMMISSIONER" S. 6406--A 131 A. 9006--A SHALL MEAN THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. ALL STAFF OF THE FACILITY SHALL BE SUBJECT TO RANDOM DRUG TESTS. (B) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE STATE COMMISSION OF CORRECTION SHALL ASSIGN AN ASSISTANT COMMISSIONER TO ASSIST THE OFFICE OF CHILDREN AND FAMILY SERVICES, ON A PERMANENT BASIS, WITH THE SECURITY ISSUES RELATING TO OPERATING FACILITIES SERVING THE ADDITIONAL YOUTH SENTENCED TO THE OFFICE. (C) THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION OR THE STATE COMMISSION OF CORRECTION AND THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL JOINTLY ESTABLISH A PLACEMENT CLASSIFICATION PROTOCOL TO BE USED BY THE ASSISTANT COMMISSIONER ASSIGNED TO THE OFFICE PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION AND AN OFFICE OF CHILDREN AND FAMILY SERVICES OFFICIAL DESIGNATED BY THE COMMISSIONER OF THE OFFICE TO DETER- MINE THE APPROPRIATE LEVEL OF CARE FOR EACH YOUTH SENTENCED TO THE OFFICE. THE PROTOCOL SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, CONSIDERATION OF THE NATURE OF THE YOUTH'S OFFENSE AND THE YOUTH'S HISTORY AND SERVICE NEEDS. (D) 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. 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. [5.] 4. The office of children and family services may transfer an offender not less than eighteen [nor more than twenty-one] years of age to the department of corrections and community supervision if the commissioner 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 corrections and community supervision for confinement pursuant to the correction law. [7.] (B) ALL OFFENDERS COMMITTED OR TRANSFERRED 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 S. 6406--A 132 A. 9006--A THE ADDITIONAL 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 POST-RELEASE SUPERVISION SENTENCE. NOTHING IN THIS PARAGRAPH SHALL AUTHORIZE A YOUTH TO REMAIN IN AN OFFICE FACILITY BEYOND HIS OR HER TWENTY-THIRD BIRTHDAY. (C) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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 SUPERVISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR POST-RELEASE SUPERVISION. (D) COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, ALL JUVENILE OFFENDERS RELEASED FROM AN OFFICE OF CHILDREN AND FAMILY SERVICES FACIL- ITY BEFORE THEY ARE TRANSFERRED TO THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION WHO ARE UNABLE TO COMPLETE THE FULL-TERM OF THEIR POST-RELEASE SUPERVISION 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, INCLUDING ANY POST-RELEASE SUPERVISION AS THE CASE MAY BE PROVIDED, HOWEVER, THAT THE OFFICE SHALL ASSIST SUCH DEPARTMENT IN PLANNING FOR THE YOUTH'S POST-RELEASE SUPER- VISION. 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, POST-RELEASE SUPERVISION, temporary release and discharge shall be governed by the laws applicable to inmates of state correctional facilities 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; PROVIDED, HOWEVER, THAT AN OTHERWISE ELIGIBLE JUVENILE OFFENDER MAY RECEIVE THE SIX-MONTH LIMITED CREDIT TIME ALLOWANCE FOR SUCCESSFUL PARTICIPATION IN ONE OR MORE PROGRAMS DEVELOPED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES THAT ARE COMPARABLE TO THE PROGRAMS SET FORTH IN SECTION EIGHT HUNDRED THREE-B OF THE CORRECTION LAW, TAKING INTO CONSIDERATION THE AGE OF JUVENILE OFFENDERS. 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 AND PROVIDE POST-RELEASE SUPERVISION for eligible juvenile offenders and [contract with the department of corrections and community supervision for the provision of parole] PROVIDE supervision [services] for tempo- rary releasees AND JUVENILES ON POST-RELEASE SUPERVISION. The rules and regulations for these programs shall not be inconsistent with the laws for temporary release AND POST-RELEASE SUPERVISION 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 children 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" S. 6406--A 133 A. 9006--A shall mean the [director] COMMISSIONER of the office of children and family services. FOR THE PURPOSES OF SUCH POST-RELEASE SUPERVISION FOR JUVENILE OFFENDERS UNDER PARAGRAPH (C) OF SUBDIVISION FIVE OF THIS SECTION ONLY, WHEN REFERRED TO IN SECTION 70.45 OF THE PENAL LAW OR ARTICLE TWELVE-B OF THE EXECUTIVE LAW, THE TERM "DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION", "DEPARTMENT", "DIVISION OF PAROLE", "DIVISION", "BOARD OF PAROLE" AND "BOARD" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES, AND THE TERM "COMMISSIONER" SHALL MEAN THE OFFICE OF CHILDREN AND FAMILY SERVICES. Time spent in office of children and family services facilities and in juvenile detention facil- ities 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 83. Section 712 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 7 of part G of chapter 58 of the laws of 2010, subdivision (b) as amended by chapter 465 of the laws of 1992, subdivision (g) as amended by section 2 of part B of chapter 3 of the laws of 2005, subdivision (h) as added by chapter 7 of the laws of 1999, subdivision (i) as amended and subdivisions (j), (k), (l) and (m) as added by chapter 38 of the laws of 2014, is amended to read as follows: S 712. Definitions. As used in this article, the following terms shall have the following meanings: (a) "Person in need of supervision". A person less than eighteen years of age who does not attend school in accordance with the provisions of part one of article sixty-five of the education law or who is incorrigi- ble, ungovernable or habitually disobedient and beyond the lawful control of a parent or other person legally responsible for such child's care, or other lawful authority, or who violates the provisions of section 221.05 or 230.00 of the penal law, or who appears to be a sexu- ally exploited child as defined in paragraph (a), (c) or (d) of subdivi- sion one of section four hundred forty-seven-a of the social services S. 6406--A 134 A. 9006--A law, but only if the child consents to the filing of a petition under this article. (b) ["Detention". The temporary care and maintenance of children away from their own homes as defined in section five hundred two of the exec- utive law. (c) "Secure detention facility". A facility characterized by phys- ically restricting construction, hardware and procedures. (d) "Non-secure detention facility". A facility characterized by the absence of physically restricting construction, hardware and procedures. (e)] "Fact-finding hearing". A hearing to determine whether the respondent did the acts alleged to show that he OR SHE violated a law or is incorrigible, ungovernable or habitually disobedient and beyond the control of his OR HER parents, guardian or legal custodian. [(f)] (C) "Dispositional hearing". A hearing to determine whether the respondent requires supervision or treatment. [(g)] (D) "Aggravated circumstances". Aggravated circumstances shall have the same meaning as the definition of such term in subdivision (j) of section one thousand twelve of this act. [(h)] (E) "Permanency hearing". A hearing held in accordance with paragraph (b) of subdivision two of section seven hundred fifty-four or section seven hundred fifty-six-a of this article for the purpose of reviewing the foster care status of the respondent and the appropriate- ness of the permanency plan developed by the social services official on behalf of such respondent. [(i)] (F) "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 commenced; 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. [(j)] (G) "Substance use disorder". The misuse of, dependence on, or addiction to alcohol and/or legal or illegal drugs leading to effects that are detrimental to the person's physical and mental health or the welfare of others. [(k)] (H) "Assessment for substance use disorder". Assessment by a provider that has been certified by the office of alcoholism and substance abuse services of a person less than eighteen years of age where it is alleged that the youth is suffering from a substance use disorder which could make a youth a danger to himself or herself or others. [(l)] (I) "A substance use disorder which could make a youth a danger to himself or herself or others". A substance use disorder that is accompanied by the dependence on, or the repeated use or abuse of, drugs S. 6406--A 135 A. 9006--A or alcohol to the point of intoxication such that the person is in need of immediate detoxification or other substance use disorder services. [(m)] (J) "Substance use disorder services". Substance use disorder services shall have the same meaning as provided for in section 1.03 of the mental hygiene law. S 84. The part heading of part 2 of article 7 of the family court act is amended to read as follows: CUSTODY [AND DETENTION] S 85. 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 amended to read as follows: S 720. Detention PRECLUDED. [1.] THE DETENTION OF A CHILD SHALL NOT BE DIRECTED UNDER ANY OF THE PROVISIONS OF THIS ARTICLE, EXCEPT AS OTHER- WISE AUTHORIZED BY THE INTERSTATE COMPACT ON JUVENILES. No child to whom the provisions of this article may apply, shall be detained in any pris- on, 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 all 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 S. 6406--A 136 A. 9006--A forty-seven-a of the social services law as an alternative to detention.] S 86. Section 727 of the family court act is REPEALED. S 87. The section heading and subdivisions (c) and (d) of section 728 of the family court act, 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, are amended to read as follows: Discharge[,] OR release [or detention] by judge after hearing and before filing of petition in custody cases. (c) An order of release under this section may, but need not, be conditioned upon the giving of a recognizance in accord with [sections] SECTION seven hundred twenty-four (b) (i). [(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 and that all 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 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 88. Section 729 of the family court act is REPEALED. S 89. Subdivisions (b) and (f) and paragraph (i) of subdivision (d) of section 735 of the family court act, subdivision (b) as amended by chap- ter 38 of the laws of 2014, paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011 and subdivision (f) as added by section 7 of part E of chapter 57 of the laws of 2005, are amended to read as follows: (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; and (iii) assess whether the youth would benefit from residential respite services; and S. 6406--A 137 A. 9006--A (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 INCLUDING WHETHER THE YOUTH AND HIS OR HER FAMILY SHOULD BE REFERRED TO AN AVAILABLE FAMILY SUPPORT CENTER; and [(v)] (VI) 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 be required to pay for all or any portion of the costs of such assessment 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 alco- holism and substance abuse services shall make a list of its certified providers available to the designated lead agency. (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. (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 PLACEMENT OF the youth [from entering foster care] IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE. S 90. Section 739 of the family court act, as amended by chapter 920 of the laws of 1982, subdivision (a) as amended by section 10 of part G of chapter 58 of the laws of 2010, subdivision (c) as added by chapter 145 of the laws of 2000, is amended to read as follows: S 739. Release or [detention] REFERRAL after filing of petition and prior to order of disposition. [(a)] After the filing of a petition under section seven hundred thirty-two of this part, the court in its discretion may release the respondent [or direct his or her detention]. If the respondent may be a sexually exploited child as defined in subdi- vision one of section four hundred forty-seven-a of the social services law, the court may direct the respondent to an available short-term safe house [as an alternative to detention. However, the court shall not direct detention unless it finds and states the facts and reasons for so finding that unless the respondent is detained there is a substantial probability that the respondent will not appear in court on the return date and all available alternatives to detention have been exhausted. S. 6406--A 138 A. 9006--A (b) Unless the respondent waives a determination that probable cause exists to believe that he is a person in need of supervision, no detention under this section may last more than three days (i) unless the court finds, pursuant to the evidentiary standards applicable to a hearing on a felony complaint in a criminal court, that such probable cause exists, or (ii) unless special circumstances exist, in which cases such detention may be extended not more than an additional three days exclusive of Saturdays, Sundays and public holidays. (c) Upon a finding of facts and reasons which support a detention order pursuant to subdivision (a) of this section, the court shall also determine and state in any order directing detention: (i) whether continuation of the respondent in the respondent's home would be contrary to the best interests of the respondent based upon, and limited to, the facts and circumstance available to the court at the time of the court's determination in accordance with this section; and (ii) where appropriate, whether reasonable efforts were made prior to the date of the court order directing detention in accordance with this section, to prevent or eliminate the need for removal of the respondent from his or her home or, if the respondent 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 respondent to safely return home]. S 91. Section 741-a of the family court act, as amended by section 3 of part B of chapter 327 of the laws of 2007, is amended to read as follows: S 741-a. Notice and right to be heard. The foster parent caring for [the child] A SEXUALLY EXPLOITED CHILD PLACED IN ACCORDANCE WITH SECTION SEVEN HUNDRED FIFTY-SIX OF THIS ARTICLE or any pre-adoptive parent or relative providing care for the respondent shall be provided with notice of any permanency hearing held pursuant to this article by the social services official. Such foster parent, pre-adoptive parent or relative shall have the right to be heard at any such hearing; provided, however, no such foster parent, pre-adoptive parent or relative shall be construed to be a party to the hearing solely on the basis of such notice and right to be heard. The failure of the foster parent, pre-a- doptive parent, or relative caring for the child to appear at a perman- ency hearing shall constitute a waiver of the right to be heard and such failure to appear shall not cause a delay of the permanency hearing nor shall such failure to appear be a ground for the invalidation of any order issued by the court pursuant to this section. S 92. Section 747 of the family court act is REPEALED. S 93. Section 748 of the family court act is REPEALED. S 94. Subdivision (b) of section 749 of the family court act, as amended by chapter 806 of the laws of 1973, is amended to read as follows: (b) On its own motion, the court may adjourn the proceedings on conclusion of a fact-finding hearing or during a dispositional hearing to enable it to make inquiry into the surroundings, conditions and capacities of the respondent. An [adjournment on the court's motion may not be for a period of more than ten days if the respondent is detained, in which case not more than a total of two such adjournments may be granted in the absence of special circumstances. If the respondent is not detained, an] adjournment may be for a reasonable time, but the total number of adjourned days may not exceed two months. S 95. Paragraph (a) of subdivision 2 of section 754 of the family court act, as amended by chapter 7 of the laws of 1999, subparagraph S. 6406--A 139 A. 9006--A (ii) of paragraph (a) as amended by section 20 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (a) 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 fourteen, 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.] S 96. 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] IF THE COURT FINDS THAT THE RESPOND- ENT IS A SEXUALLY EXPLOITED CHILD AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FORTY-SEVEN-A OF THE SOCIAL SERVICES LAW, THE COURT MAY PLACE THE CHILD with the commissioner of the local social services district[, the court] AND 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. 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 placement, such S. 6406--A 140 A. 9006--A 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 court may direct detention pending transfer to a placement authorized and ordered under this section for no more than than fifteen days after such order of placement is made. Such direction shall be subject to extension pursuant to subdivision three of section three hundred nine- ty-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 97. 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 (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 S. 6406--A 141 A. 9006--A 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.] 3. The court, upon receipt of the reports provided for in subdi- vision 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] CONDITION should be altered or modified. S 98. Section 774 of the family court act is amended to read as follows: S 774. Action on petition for transfer. On receiving a petition under section seven hundred seventy-three, the court may proceed under sections seven hundred thirty-seven, seven hundred thirty-eight or seven hundred thirty-nine with respect to the issuance of a summons or warrant [and sections seven hundred twenty-seven and seven hundred twenty-nine govern questions of detention and failure to comply with a promise to appear]. Due notice of the petition and a copy of the petition shall also be served personally or by mail upon the office of the locality chargeable for the support of the person involved and upon the person involved and his OR HER parents and other persons. S 98-a. 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 MAN A PROGRAM ESTABLISHED PURSUANT TO THIS TITLE TO PROVIDE COMMUNITY-BASED SUPPORTIVE SERVICES TO CHILDREN AND FAMILIES WITH THE GOAL OF PREVENTING A CHILD FROM BEING ADJUDICATED A PERSON IN NEED OF SUPERVISION AND HELP PREVENT THE OUT OF HOME PLACE- MENTS OF SUCH YOUTH UNDER ARTICLE SEVEN 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; (C) FAMILY MEDIATION AND SKILLS BUILDING; (D) MENTAL AND BEHAVIORAL HEALTH SERVICES INCLUDING COGNITIVE INTER- VENTIONS; (E) CASE MANAGEMENT; (F) RESPITE SERVICES; (G) EDUCATION ADVOCACY; AND (H) OTHER FAMILY SUPPORT SERVICES. 3. THE SERVICES THAT ARE PROVIDED SHALL BE TRAUMA RESPONSIVE, FAMILY FOCUSED, GENDER-RESPONSIVE, AND EVIDENCE BASED OR INFORMED AND STRENGTHS BASED AND SHALL BE TAILORED TO THE INDIVIDUALIZED NEEDS OF THE CHILD AND S. 6406--A 142 A. 9006--A 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 AND WEEKENDS. S 458-N. FUNDING FOR FAMILY SUPPORT CENTERS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, TO THE EXTENT THAT FUNDS ARE AVAILABLE FOR SUCH PURPOSE, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL DISTRIBUTE FUNDING TO THE HIGHEST NEED SOCIAL SERVICES DISTRICTS TO CONTRACT WITH NOT-FOR-PROFIT CORPORATIONS TO OPERATE FAMILY SUPPORT CENTERS IN ACCORDANCE WITH THE PROVISIONS OF THIS TITLE AND THE SPECIFIC PROGRAM MODEL REQUIREMENTS ISSUED BY THE OFFICE. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN DETERMINING THE HIGHEST NEED SOCIAL SERVICES DISTRICTS PURSUANT TO THIS SUBDIVISION, THE OFFICE MAY CONSIDER FACTORS THAT MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO: (A) THE TOTAL AMOUNT OF AVAILABLE FUNDING AND THE AMOUNT OF FUNDING REQUIRED FOR FAMILY SUPPORT CENTERS TO MEET THE OBJECTIVES OUTLINED IN SECTION FOUR HUNDRED FIFTY-EIGHT-M OF THIS TITLE; (B) RELEVANT, AVAILABLE STATISTICS REGARDING EACH DISTRICT, WHICH MAY INCLUDE, BUT NOT NECESSARILY BE LIMITED TO: (I) THE AVAILABILITY OF SERVICES WITHIN SUCH DISTRICT TO PREVENT OR REDUCE DETENTION OR RESIDENTIAL PLACEMENT OF YOUTH PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; AND (II) RELATIVE TO THE YOUTH POPULATION OF SUCH SOCIAL SERVICES DISTRICT: (1) THE NUMBER OF PETITIONS FILED PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; OR (2) THE NUMBER OF PLACEMENTS OF YOUTH INTO RESIDENTIAL CARE OR DETENTION PURSUANT TO ARTICLE SEVEN OF THE FAMILY COURT ACT; (C) ANY REPORTED PERFORMANCE OUTCOMES REPORTED TO THE OFFICE PURSUANT TO SUBDIVISION THREE OF THIS SECTION FOR PROGRAMS THAT PREVIOUSLY RECEIVED FUNDING PURSUANT TO THIS TITLE; OR (D) OTHER APPROPRIATE FACTORS AS DETERMINED BY THE OFFICE. 3. 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 98-b. Subdivisions 3, 3-a, 11 and 12 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, subdivision 3-a as added by section 1 of subpart B of part G of chapter 57 of the laws of 2012, subdivision 11 as added by chapter 514 of the laws of 1976 and subdivision 12 as amended by section 12 of subpart B of part Q of chapter 58 of the laws of 2011, 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 person in need of supervision placed] 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 commissioner or his or her designee for approval of an additional fifteen days, upon written S. 6406--A 143 A. 9006--A 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. [3-a. As to delinquent children: (a)] (D) (1) Conditionally release any juvenile delinquent placed with the district to aftercare whenever the district determines conditional release to be consistent with the needs and best interests of such juve- nile delinquent, that suitable care and supervision can be provided, and that there is a reasonable probability that such juvenile delinquent can be conditionally released without endangering public safety; provided, however, that such conditional release shall be made in accordance with the regulations of the office of children and family services, and provided further that no juvenile delinquent while absent from a facili- ty or program without the consent of the director of such facility or program shall be conditionally released by the district solely by reason of the absence. (2) It shall be a condition of such release that a juvenile delinquent so released shall continue to be the responsibility of the social services district for the period provided in the order of placement. (3) The social services district may provide clothing, services and other necessities for any conditionally released juvenile delinquent, as may be required, including medical care and services not provided to such juvenile delinquent as medical assistance for needy persons pursu- ant to title eleven of article five of this chapter. (4) The social services district, pursuant to the regulations of the office of children and family services, may cause a juvenile delinquent to be returned to a facility operated and maintained by the district, or an authorized agency under contract with the district, at any time with- in the period of placement, where there is a violation of the conditions of release or a change of circumstances. (5) Juvenile delinquents conditionally released by a social services district may be provided for as follows: (i) If, in the opinion of the social services district, there is no suitable parent, relative or guardian to whom a juvenile delinquent can be conditionally released, and suitable care cannot otherwise be secured, the district may conditionally release such juvenile delinquent to the care of any other suitable person; provided that where such suit- able person has no legal relationship with the juvenile, the district shall advise such person of the procedures for obtaining custody or guardianship of the juvenile. (ii) If a conditionally released juvenile delinquent is subject to article sixty-five of the education law or elects to participate in an educational program leading to a high school diploma, he or she shall be enrolled 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 a condi- tionally released juvenile delinquent 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, steps shall be taken, to the extent possible, to facilitate his or her gainful employ- ment or enrollment in a vocational program following release. [(b)] (E) When a juvenile delinquent placed with the social services district is absent from placement without consent, such absence shall interrupt the calculation of time for his or her placement. Such inter- ruption shall continue until such juvenile delinquent returns to the S. 6406--A 144 A. 9006--A facility or authorized agency in which he or she was placed. Provided, however, that any time spent by a juvenile delinquent in custody from the date of absence to the date placement resumes shall be credited against the time of such placement provided that such custody: (1) was due to an arrest or surrender based upon the absence; or (2) arose from an arrest or surrender on another charge which did not culminate in a conviction, adjudication or adjustment. [(c)] (F) In addition to the other requirements of this section, no juvenile delinquent placed with a social services district operating an approved juvenile justice services close to home initiative pursuant to section four hundred four of this chapter pursuant to a restrictive placement under the family court act shall be released except pursuant to section 353.5 of the family court act. 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] ARTICLE. 12. A social services official shall be permitted to place persons adjudicated [in need of supervision or] delinquent[, and alleged persons to be in need of supervision] in detention pending transfer to a place- ment, in the same foster care facilities as are providing care to desti- tute, neglected, abused or abandoned children. Such foster care facili- ties shall not provide care to a youth in the care of a social services official as a convicted juvenile offender. S 98-c. 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] ARTI- CLE and the social services district's child welfare services plan submitted and approved pursuant to section four hundred nine-d of this [chapter] ARTICLE, 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 section two hundred forty-three-a of the execu- tive 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 peti- tion, and the social services official determines that the child is at S. 6406--A 145 A. 9006--A 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] ARTICLE. The commissioner shall promulgate regulations to assist social services officials in making determinations of eligibility for mandated preventive services pursuant to this [subparagraph] PARAGRAPH. S 99. Subdivision 1, the opening paragraph of subdivision 2 and subparagraphs (i) and (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: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents [or persons alleged or adjudicated to be in need of supervision], or youth alleged to be or convicted as juvenile offenders from placement in detention or in residential care shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made avail- able for such purposes, not to exceed the municipality's distribution under the supervision and treatment services for juveniles program. (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 residential care with the municipality, the municipality's reduction in the use of detention and residential placements, 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 muni- cipality 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: (i) an analysis that identifies the neighborhoods or communities from which the greatest number of juvenile delinquents [and persons in need of supervision] are remanded to detention or residentially placed AND FROM WHICH THE GREATEST NUMBER OF ALLEGED PERSONS IN NEED OF SUPERVISION ARE OFFERED DIVERSION SERVICES; S. 6406--A 146 A. 9006--A (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 100. The opening paragraph and paragraph (a) of subdivision 2 and subdivisions 4, 5, 6 and 7 of section 530 of the executive law, the opening paragraph of subdivision 2 and subdivision 4 as amended by section 4 of subpart B of part Q of chapter 58 of the laws of 2011, paragraph (a) 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, subparagraphs 1, 2 and 4 of paragraph (a) and para- graph (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 subdivision 7 as amended by section 6 of subpart B of part Q of chapter 58 of the laws of 2011, are amended to read as follows: [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] SECTION 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, 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, PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN, 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, CERTIFIED OR APPROVED FAMILY BOARDING HOMES, AND NON-SECURE DETENTION FACILITIES CERTIFIED BY THE OFFICE, shall be subject to state reimbursement for up to fifty percent of the municipality's expendi- tures, exclusive of any federal funds made available for such purposes, not to exceed the municipality's distribution from funds that have been appropriated specifically therefor 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 enforcement, probation, courts, detention adminis- trators, detention providers, and the attorney for the child upon retention or appointment; solely for the purpose of accurate completion S. 6406--A 147 A. 9006--A 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. 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] SEVENTEEN YEARS OF AGE; or[,] (1-A) COMMENCING ON JANUARY FIRST, TWO THOUSAND NINETEEN, TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELIN- QUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUENCY 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 CRIMINAL COURT IF THE PERSON NAMED THEREIN AS PRINCIPAL IS UNDER TWENTY-ONE; 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) PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN, 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. S. 6406--A 148 A. 9006--A (b) Payments made for reserved accommodations, whether or not in full time use, approved AND CERTIFIED by the office of children and family 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 PROVIDED, HOWEV- ER, THAT THE REPORT DUE JANUARY FIRST, TWO THOUSAND TWENTY AND THEREAFT- ER SHALL NOT BE REQUIRED TO CONTAIN ANY INFORMATION ON YOUTH WHO ARE SUBJECT TO ARTICLE SEVEN OF THE FAMILY COURT ACT. 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. S 100-a. 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 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 S. 6406--A 149 A. 9006--A 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 who has been determined to have brought a weap- on or firearm to school in violation of this subdivision to a present- ment agency for a juvenile delinquency proceeding consistent with arti- cle three of the family court act except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivi- sion forty-two of section 1.20 of the criminal procedure law; PROVIDED HOWEVER, THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND EIGHTEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF SEVENTEEN 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 WHO QUALIFIES FOR JUVENILE OFFENDER STATUS UNDER SUBDIVISION FORTY-TWO OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW; AND PROVIDED FURTHER THAT COMMENCING ON JANUARY FIRST, TWO THOUSAND NINE- TEEN, A SUPERINTENDENT SHALL REFER THE PUPIL UNDER THE AGE OF 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 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 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 crim- inal 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 100-b. 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 OR COMMENCING JANUARY FIRST, TWO THOUSAND NINETEEN, UNDER EIGHTEEN YEARS OF AGE ordered to attend upon instruction 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 101. The executive law is amended by adding a new section 259-p to read as follows: S 259-P. INTERSTATE DETENTION. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS ARTICLE, MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION. (2) A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION. (3) (A) A DEFENDANT SIXTEEN YEARS OF AGE OR YOUNGER, WHO ALLEGEDLY COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN OR (B) A DEFENDANT SEVENTEEN YEARS OF AGE OR YOUNGER WHO ALLEGEDLY COMMITS A CRIMINAL ACT OR VIOLATION OF HIS OR HER SUPERVISION ON OR AFTER JANUARY FIRST, TWO THOU- SAND NINETEEN, SHALL BE DETAINED IN A JUVENILE DETENTION FACILITY. S 102. Section 153-k of the social services law is amended by adding a new subdivision 2-a to read as follows: S. 6406--A 150 A. 9006--A 2-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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 PURPOSES, FOR PREVENTIVE SERVICES, AFTERCARE SERVICES, INDE- PENDENT 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 SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 103. The opening paragraph of paragraph (a) of 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 and a new paragraph (a-1) is added to read as follows: Notwithstanding any other provision of law to the contrary[,] EXCEPT AS PROVIDED FOR IN PARAGRAPH (A-1) OF THIS SUBDIVISION, eligible expend- itures during the applicable time periods made by a social services district for an approved juvenile justice services close to home initi- ative shall, if approved by the department of family assistance, 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. (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 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 SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. S 104. Subdivision 4 of section 246 of the executive law, as amended by section 10 of part D of chapter 56 of the laws of 2010, is amended to read as follows: 4. 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 S. 6406--A 151 A. 9006--A SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT. The administration of such addi- tional grants shall be made according to rules and regulations promul- gated 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 COMMIS- SIONER 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 OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW. SUCH 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 SIXTEEN YEARS OF AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION. S 105. The second undesignated paragraph of subdivision 4 of section 246 of the executive law, as added by chapter 479 of the laws of 1970, is amended to read as follows: [The director 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 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. THE COMMISSIONER SHALL GRANT ADDITIONAL STATE AID FROM AN APPROPRIATION DEDICATED TO JUVENILE RISK INTERVENTION SERVICES COORDINATION BY PROBATION DEPART- MENTS WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROBATION SERVICES PERFORMED UNDER ARTICLE THREE OF THE FAMILY COURT ACT. THE ADMINIS- TRATION 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 OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH THE CRIMINAL PROCEDURE LAW. SUCH 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 SIXTEEN YEARS OF S. 6406--A 152 A. 9006--A AGE OR OLDER WHEN SUCH SERVICES WOULD NOT OTHERWISE HAVE BEEN PROVIDED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION. S 106. Section 529 of the executive law is amended by adding a new subdivision 5-b to read as follows: 5-B. 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 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 SIXTEEN 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. S 106-a. Section 530 of the executive law is amended by adding a new subdivision 8 to read as follows: 8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, COMMENCING APRIL FIRST, TWO THOUSAND SEVENTEEN, 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 FACILI- TIES WHEN SUCH DETENTION WOULD NOT OTHERWISE HAVE OCCURRED ABSENT THE PROVISIONS OF A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT INCREASED THE AGE OF JUVENILE JURISDICTION ABOVE FIFTEEN YEARS OF AGE. 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 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 immediately; provided that: a. sections forty-eight and forty-eight-a of this act shall take effect on the one hundred and eightieth day after this act shall have become a law and shall be deemed to apply to offenses committed prior to, on, or after such effective date; b. sections one through forty-one, forty-four through forty-seven, forty-nine, fifty-four through eighty, one hundred-a, one hundred-b and one hundred one of this act shall take effect January 1, 2018; provided, however, that when the applicability of such provision is dependent on the age of the youth that is alleged or adjudicated to have been commit- ted or is convicted of a crime or an act that would constitute a crime if committed by an adult: (i) effective January 1, 2018, such provisions shall be deemed to apply to youth who have been alleged to have committed, adjudicated for, or convicted of, an offense that occurred on or after such effective date and who were 16 years of age at the time the offense occurred, and (ii) effective January 1, 2019, such provisions shall be deemed to apply to youth who have been alleged to have committed, adjudicated for, or convicted of, an offense that occurred on or after such effective date and who were seventeen years of age at the time such offense occurred; S. 6406--A 153 A. 9006--A c. sections ninety-eight-a and one hundred two through one hundred six-a of this act shall take effect April 1, 2017; d. sections eighty-three through ninety-eight and sections ninety- eight-b through one hundred of this act shall take effect January 1, 2019 and shall be deemed to be applicable to the detention or placement of youth pursuant to petitions filed pursuant to article seven of the family court act on or after such effective date; e. sections forty-two and forty-three of this act shall take effect January 1, 2020; f. the amendments to subdivision 1 of section 70.02 of the penal law made by section forty-two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith; g. the amendments to paragraph d of section 3214 of the education law made by section fifty-one of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; h. the amendments to subdivision 4 of section 353.5 of the family court act made by section seventy-two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 2012, as amended, when upon such date the provisions of section seventy-three of this act shall take effect; i. the amendments to section 153-k of the social services law made by section one hundred two of this act shall not affect the expiration of such section and shall be deemed repealed therewith; j. the amendments to subdivision 3-a of section 398 of the social services law made by section ninety-eight-b of this act shall not affect the expiration of such subdivision and shall be deemed repealed there- with; k. the amendments to subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law made by section ninety- eight-c of this act shall not affect the expiration of such subparagraph and shall be deemed to expire therewith; l. the amendments to section 404 of the social services law made by section one hundred three of this act shall not affect the expiration of such section and shall be deemed repealed therewith; m. the amendments to the second undesignated paragraph of subdivision 4 of section 246 of the executive law made by section one hundred four of this act shall be subject to the expiration and reversion of such undesignated paragraph as provided in subdivision (aa) of section 427 of chapter 55 of the laws of 1992, as amended, when upon such date section one hundred five of this act shall take effect; and n. the amendments to paragraph (f) of subdivision 1 of section 70.30 of the penal law made by section forty-four-a of this act shall not affect the expiration and reversion of such paragraph and shall expire and be deemed repealed therewith. PART O 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least $141.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. S. 6406--A 154 A. 9006--A (b) in the case of each individual receiving residential care, an amount equal to at least $163.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least $193.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (d) for the period commencing January first, two thousand [sixteen] SEVENTEEN, 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 [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand [sixteen] SEVENTEEN, 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living alone, $820.00; and for an eligible couple living alone, $1204.00. (b) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living with others with or without in-kind income, $756.00; and for an eligible couple living with others with or without in-kind income, $1146.00. (c) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving family care, $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 individual receiving such care in any other county in the state, $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving residential care, $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, $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 subpara- graph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual receiving enhanced residential care, $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this para- graph. (f) The amounts set forth in paragraphs (a) through (e) of this subdi- vision shall be increased to reflect any increases in federal supple- S. 6406--A 155 A. 9006--A mental security income benefits for individuals or couples which become effective on or after January first, two thousand [sixteen] SEVENTEEN but prior to June thirtieth, two thousand [sixteen] SEVENTEEN. S 3. This act shall take effect December 31, 2016. PART P 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-two million two hundred ninety-two thousand dollars for the fiscal year ending March 31, 2017. 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-two million two hundred ninety-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 2015-2016 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, 2016. 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, 2017 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, 2017 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, 2017. 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 finance agency, for the purposes of reimbursing any costs associated with Mitc- hell Lama housing projects authorized by this section, a total sum not to exceed forty-two million 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 2015-2016 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 S. 6406--A 156 A. 9006--A 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, 2017. 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, 2017. 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 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 2015-2016 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, 2016. 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, 2017. Notwith- standing 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 thir- ty-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 2015-2016 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, 2016. 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 thirty-five million two S. 6406--A 157 A. 9006--A hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 and urban community invest- ment fund program contracts authorized by this section, a total sum not to exceed thirty-five million two hundred fifty thousand dollars, such transfer to be made from (i) the special account of the mortgage insur- ance 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 2015-2016 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 main- tain 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, 2017. S 6. 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 ten million dollars for the fiscal year ending March 31, 2017. Notwith- standing 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 carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed ten million 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 2015-2016 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, 2017. S 7. 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 twelve million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 S. 6406--A 158 A. 9006--A 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 twelve million seven hundred fifty 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 2015-2016 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, 2017. S 8. 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 fifteen million six hundred nine- ty thousand dollars for the fiscal year ending March 31, 2017. The home- less 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. Notwithstanding 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 assist- ance corporation, a total sum not to exceed fifteen million six hundred ninety 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 2015-2016 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, 2017. S 9. This act shall take effect immediately. PART Q Section 1. Section 4 of subpart A of part D of chapter 58 of the laws the 2011 amending the education law relating to capital facilities in support of the state university and community colleges, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S. 6406--A 159 A. 9006--A S 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, is amended to read as follows: S 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2016] 2021. S 4. 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 Q of this act shall be as specifically set forth in the last section of such Parts.
2015-A9006B - Details
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2015-A9006B - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year; amends the education law, in relation to contracts for excellence and the apportionment of public moneys; amends the education law, in relation to the gap elimination adjustment; amends the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid
2015-A9006B - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9006--B I N A S S E M B L Y January 14, 2016 ___________ A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommit- ted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to the statewide universal full-day pre-kindergarten program; to amend chapter 552 of the laws of 1995, amending the educa- tion law relating to contracts for the transportation of school chil- dren, in relation to the effectiveness thereof; 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 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 educa- tion in New York city, in relation to withholding a portion of employ- ment preparation education aid and in relation to the effectiveness thereof; to amend the state finance law, in relation to the New York state teen health education fund; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state operations, aid to localities, capital projects and debt service budg- ets, in relation to the effectiveness thereof; to amend chapter 82 of the laws of 1995, amending the education law and other laws relating to state aid to school districts and the appropriation of funds for the support of government, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the educa- tion law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; to amend chapter 121 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-03-6 A. 9006--B 2 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; to amend the education law, in relation to aid for employment preparation education programs; to amend the education law, in relation to apportionment of building aid for certain projects for certain schools; to amend the education law, in relation to aid payable to BOCES districts; to amend the education law, in relation to aid for career education; to amend the education law, in relation to collection of data on ninth grade students in certain career education sequences; to direct the commissioner of education to examine the reduced price lunch program; to amend the education law, in relation to the operation of persistently failing schools; to amend the education law, in relation to transportation after four; to provide for an increase in reimbursable costs for certain tuition rates; to amend the education law, in relation to submission by school districts of documentation of implementation of annual teacher and principal evaluations; to amend the education law, in relation to establishing the council to improve outcomes for boys and young men of color, providing aid for family and community engage- ment strategies, and establishing grants to improve outcomes for boys and young men of color; to amend the education law, in relation to contracts for the transportation of school children; to amend the education law, in relation to contracts for school buses and contracts for mobile instructional units; to direct the commissioner on how to recover certain penalties; to amend the education law, in relation to establishing a Rochester-Monroe anti-poverty initiative transportation pilot program; and to repeal certain provisions of the education law relating thereto (Part A); to amend the education law, in relation to school emergency response plans (Part B); intentionally omitted (Part C); to amend the education law, in relation to SUNY tuition; to amend the state finance law, in relation to a capital five year capital plan for infrastructure costs for SUNY and CUNY; and to amend chapter 260 of the laws of 2011 amending the education law and the New York state urban development corporation act relating to establishing components of the NY-SUNY 2020 challenge grant program, in relation to the effec- tiveness thereof (Part D); to amend the state finance law, in relation to the creation of the SUNY Stony Brook Affiliation escrow fund (Part E); to amend the education law, in relation to creating the New York DREAM fund commission; eligibility requirements and conditions govern- ing 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 univer- sity 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 F); to amend chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, in relation to the effectiveness thereof; to amend part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof; to amend chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions; and to amend the education law, in relation to forgiving loans upon the A. 9006--B 3 death of the recipient (Part G); intentionally omitted (Part H); to amend chapter 91 of the laws of 2002, amending the education law and other laws relating to 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 and other laws relating to the New York city board of education, chancellor, community councils and community superintendents, in relation to the effectiveness there- of (Part I); to amend the labor law, in relation to the apprenticeship training council (Part J); to amend the labor law, in relation to the minimum wage; to amend the public health law, in relation to home care worker wage parity; and to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, in relation to medicaid disbursements (Part K); to amend the labor law, in relation to enhancing the urban youth jobs program tax credit by increasing the sum of money allocated to programs four and five (Part L); to amend the family court act, in relation to findings that must be made at permanency hearings, and to amend the social services law, in relation to guardianship expenses, the reasonable and prudent parent standard and the criminal history of prospective foster and adoptive parents (Part M); to amend the family court act, in relation to family court proceedings, jurisdiction of the court, the definition of juvenile delinquent, the definition of a designated felony act, the procedures 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, and the manner in which courts handle juvenile delinquent cases; 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 definitions of juvenile delinquent and persons in need of super- vision; to amend the penal law, in relation to the definition of infancy and the authorized dispositions, sentences, and periods of post-release supervision for juvenile offenders; to amend the criminal procedure law, in relation to the definition of juvenile offender; to amend the criminal procedure law, in relation to the arrest of a juve- nile offender without a warrant; 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 appearances and hearings for and place- ments of certain juvenile offenders; in relation to raising the age for juvenile offender status; in relation to creating a youth part for certain proceedings involving juvenile offenders; 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 certain contracts with the office of children and family services; 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 youthful offenders; and to amend the vehicle and traffic law, in relation to convictions; and in relation to suspension, revocation and reissuance of licenses and registrations; and to repeal certain provisions of the correction law relating to the housing of prisoners and other persons in custody (Part N); to amend the social services law, in relation to increasing the standards of monthly need for aged, A. 9006--B 4 blind and disabled persons living in the community (Part O); to utilize reserves in the mortgage insurance fund for various housing purposes (Part P); to amend Part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effective- ness thereof (Part Q); to amend the education law, in relation to tuition assistance program awards and tuition credits (Part R); to amend the social services law, in relation to resource exemptions for applicants for public assistance programs, and to amend chapter 436 of the laws of 1997, constituting the welfare reform act of 1997, in relation to the effectiveness thereof (Subpart A); to amend the social services law, in relation to the powers of a social services official to receive and dispose of a deed, mortgage or lien (Subpart B); to amend the social services law, in relation to eliminating the require- ment that a city having a population of one million or more evaluate and report on demonstration projects pursuant to a plan approved by the office of temporary and disability assistance and the division of budget prior to the implementation of the project; and to amend section 2 of part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demon- stration project, in relation to extending the period of effectiveness thereof (Subpart C); and to amend the social services law, in relation to a family eviction prevention supplement program (Subpart D) (Part S); to amend the social services law, in relation to homework counting towards satisfaction of work activity requirements (Subpart A); to amend the social services law, in relation to establishing factors to be considered when a health care practitioner upon examination has a different opinion from an applicant's treating health care practition- er's opinion as to an applicant's disability; and requiring an explic- it written determination by the health care practitioner when the diagnoses differ (Subpart B); to amend the social services law, in relation to the twelve month work exemption for certain parents or relatives providing child care (Subpart C); to amend the social services law, in relation to conciliation and non-compliance with public assistance employment; and to repeal certain provisions of such law relating thereto (Subpart D); and to amend the social services law, in relation to individuals with disabilities receiving public assistance; and repealing certain provisions of such law relating thereto (Subpart E) (Part T); relating to classifying certain capital projects as public works (Part U); to establish local anti-poverty task forces; and providing for the repeal of such provisions upon expiration thereof (Subpart A); to amend the social services law, in relation to creating a New York state non-profit infrastructure capi- tal investment program grant (Subpart B); and to amend the social services law, in relation to integrated eligibility systems (Subpart C) (Part V); to amend the education law, in relation to foster youth college success initiative (Part W); to amend the public housing law, in relation to rental assistance for low-income families living in privately-owned rental housing (Part X); to amend the private housing finance law, in relation to establishing the developing affordable senior housing program (Part Y); to amend the public housing law, in relation to the establishment of the New York state community and housing stabilization fund (Part Z); and to amend the education law, in relation to enrollment and retention targets for English language learners in charter schools (Part AA) A. 9006--B 5 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through AA. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section three of this act sets forth the general effective date of this act. PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2015, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a A. 9006--B 6 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, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen 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 fourteen--two thousand fifteen school year; AND PROVIDED FURTHER THAT NO SCHOOL DISTRICT SHALL BE REQUIRED TO SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimi- nation adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjustment computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 2 of part A of chapter 56 of the laws of 2015, 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 [fifteen] SIXTEEN--two thousand [sixteen] 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 is amended by adding a fourth undesignated paragraph to read as follows: A. 9006--B 7 FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, 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 "2015-16 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND ENTITLED "SA151-6", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2015, 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 through [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school 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 entitled "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 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 5 of part A of chapter 56 of the laws of 2015, 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 A. 9006--B 8 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 through two thousand [fifteen] SIXTEEN--two thousand [sixteen] 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 PREKIN- DERGARTEN" 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 maxi- mum 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 6. Paragraph h of subdivision 17 of section 3602 of the education law, as added by section 5-b of part A of chapter 56 of the laws of 2015, is amended to read as follows: h. The gap elimination adjustment [restoration amount] for the two thousand 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] ZERO. S 7. Subdivision 4 of section 3602 of the education law, is amended by section 5-a of part A of chapter 56 of the laws of 2015, is amended to read as follows: 4. Total foundation aid. A. In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foundation formula aid, provided, however that: (1) for the two thousand seven--two thousand eight through two thou- sand eight--two thousand nine school years, no school district shall receive total foundation aid in excess of the sum of the total founda- tion 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: (2) FOR THE TWO THOUSAND NINE--TWO THOUSAND TEN THROUGH TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEARS, EACH SCHOOL DISTRICT SHALL A. 9006--B 9 RECEIVE TOTAL FOUNDATION AID IN AN AMOUNT EQUAL TO THE AMOUNT APPOR- TIONED TO SUCH SCHOOL DISTRICT FOR THE TWO THOUSAND EIGHT--TWO THOUSAND NINE SCHOOL YEAR PURSUANT TO THIS SUBDIVISION, AND PROVIDED FURTHER THAT: (3) 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 SUBPARA- GRAPH (II) 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: (4) for the two thousand thirteen--two thousand fourteen [school year and thereafter] THROUGH TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEARS, no school district shall receive total foundation aid in excess of the sum of the total foundation aid base computed pursuant to SUBPARAGRAPH (II) OF paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to paragraph b of this subdivision [and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and 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 thirty-seven hundredths percent (1.0037)], AND PROVIDED FURTHER THAT: (5) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, NO ELIGIBLE SCHOOL DISTRICTS SHALL RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE PHASE-IN FOUNDATION INCREASE, WHERE (A) "ELIGIBLE SCHOOL DISTRICT" SHALL BE DEFINED AS A DISTRICT WITH (1) AN UNRESTRICTED AID INCREASE OF LESS THAN EIGHT PERCENT (0.08) OR A TGFE FACTOR GREATER THAN OR EQUAL TO ONE AND ONE-HALF PERCENT (0.015) AND (2) A THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT GREATER THAN FIFTEEN PERCENT (0.15), AND (B) "UNRESTRICTED AID INCREASE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE ALTERNATE DUE MINIMUM INCREASE COMPUTED PURSUANT TO PARA- GRAPH B-TWO OF THIS SUBDIVISION BY THE ALTERNATE DUE MINIMUM INCREASE BASE COMPUTED PURSUANT TO SUCH PARAGRAPH, AND (C) "TGFE FACTOR" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING THE GAP ELIMINATION ADJUST- MENT FOR THE BASE YEAR BY THE TOTAL GENERAL FUND EXPENDITURES FOR THE BASE YEAR. (6) SUCH APPORTIONMENTS SHALL BE 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]. SUCH APPORTIONMENT SHALL NOT BE GREATER than the product of such total foun- dation 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 appor- A. 9006--B 10 tioned to such school district for the two thousand eight--two thousand nine school year pursuant to this subdivision] AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, SUCH APPORTIONMENT SHALL NOT BE GREATER THAN THE SUM OF (A) THE PRODUCT OF SUCH TOTAL FOUNDATION AID BASE AND ONE HUNDRED FIFTEEN PERCENT PLUS (B) THE DIFFERENCE OF (I) THE FOUNDATION AID AMOUNT AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" LESS (II) THE FOUNDATION AID AMOUNT AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2015-16 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7". Total aidable foundation pupil units shall be calculated pursuant to paragraph g of subdivision two of this section. For the purposes of calculating aid pursuant to this subdivision, aid for the city school district of the city of New York shall be calculated on a citywide basis. [a.] A-1. 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: 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 A. 9006--B 11 (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. (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. A. 9006--B 12 (ii) Phase-in foundation increase factor. (A) 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]. (B) 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]. (C) FOR the two thousand thirteen--two thousand fourteen school year the phase-in foun- dation 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]. (D) FOR the two thousand fourteen--two thousand fifteen 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, 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 differ- ence 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]. (E) FOR the two thousand fifteen--two thousand sixteen 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, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the prod- uct of the total aidable foundation pupil units multiplied by the district's selected 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), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thousand or more but less than one million, fourteen percent (0.14); or (5) 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", four and seven hundred fifty- one thousandths percent (0.04751); or (6) for all other districts one percent (0.01)[, and for]. (F) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL: (1) A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, TWENTY-TWO AND NINETEEN HUNDREDTHS PERCENT (0.2219), OR (2) FOR SCHOOL DISTRICTS WHAT 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 A. 9006--B 13 OF THE ENACTED BUDGET FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR AND ENTITLED "SA1415", FIFTEEN AND ONE-HALF PERCENT (0.155), OR (3) FOR SCHOOL DISTRICTS WITH (I) A COMBINED WEALTH RATIO LESS THAN SEVEN TENTHS (0.7) AND (II) A BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION THAT EXCEEDS SUCH ENROLLMENT FROM THE YEAR PRIOR TO THE BASE YEAR, FOUR AND ONE-HALF PERCENT (0.045), OR (4) FOR DISTRICTS WHERE THE QUOTIENT ARRIVED AT WHEN DIVIDING (I) THE DIFFERENCE OF (A) TOTAL FOUNDATION AID LESS (B) TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION DIVIDED BY (II) TOTAL FOUNDATION AID IS GREATER THAN FIFTEEN PERCENT (0.15), AND WHERE THE DISTRICT'S COMBINED WEALTH RATIO IS LESS THAN SEVEN TENTHS (0.7), FOUR AND ONE-HALF PERCENT (0.045), OR (5) FOR ALL OTHER ELIGIBLE DISTRICTS AS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH A OF THIS SUBDIVISION, DISTRICTS, FOUR AND FIVE HUNDREDTHS PERCENT (0.0405). (G) NOTWITHSTANDING PARAGRAPH GG OF SUBDIVISION ONE OF THIS SECTION, FOR the two thousand [sixteen] SEVENTEEN--two thousand [seventeen] EIGHTEEN school year [and thereafter the commissioner shall annually determine the phase-in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described therein], THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL THIRTY-THREE PERCENT (0.33). (H) FOR THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR, THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL FIFTY PERCENT (0.50). (I) FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR THE PHASE-IN FOUNDATION INCREASE FACTOR SHALL EQUAL ONE HUNDRED PERCENT (1.0). B-1. DUE MINIMUM AMOUNT. NOTWITHSTANDING OTHER PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, TOTAL FOUNDATION AID SHALL NOT BE LESS THAN THE PRODUCT OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARA- GRAPH J OF SUBDIVISION ONE OF THIS SECTION MULTIPLIED BY THE DUE-MINIMUM PERCENT. THE DUE-MINIMUM PERCENT SHALL BE: (I) FOR THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR, ONE HUNDRED AND SIX-TENTHS PERCENT (1.006) AND (II) 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 SEVEN- TY-SIX THOUSANDTHS PERCENT (1.01176), AND FOR ALL OTHER DISTRICTS ONE HUNDRED AND THREE-TENTHS PERCENT (1.003), AND (III) FOR THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONE HUNDRED AND EIGHTY-FIVE HUNDREDTHS PERCENT (1.0085), AND (IV) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, ONE HUNDRED THIRTY-SEVEN HUNDREDTHS PERCENT (1.0037), AND (V) FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, FOR ELIGIBLE DISTRICTS AS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH A OF THIS SUBDIVISION, ONE HUNDRED AND SEVEN-TENTHS PERCENT (1.007), AND (VI) FOR TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, ONE HUNDRED AND ONE AND ONE-HALF PERCENT (1.015). B-2. ALTERNATE DUE MINIMUM AMOUNT. NOTWITHSTANDING OTHER PROVISIONS OF THIS SUBDIVISION TO THE CONTRARY, FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, TOTAL FOUNDATION AID FOR AN ELIGIBLE SCHOOL DISTRICT, AS DEFINED IN SUBPARAGRAPH FIVE OF PARAGRAPH A OF THIS SUBDIVISION, WITH AN ALTERNATE DUE MINIMUM AMOUNT GREATER THAN THE DUE MINIMUM AMOUNT SHALL NOT BE LESS THAN THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE ALTERNATE DUE MINIMUM AMOUNT. A. 9006--B 14 (1) THE ALTERNATE DUE MINIMUM AMOUNT SHALL EQUAL, FOR SCHOOL DISTRICTS WHOSE TOTAL FOUNDATION AID EXCEEDS THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION ALTERNATE OPTION ONE; OR FOR SCHOOL DISTRICTS WHOSE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION EXCEEDS TOTAL FOUNDATION AID ALTERNATE OPTION TWO, PROVIDED HOWEVER THAT FOR ANY SCHOOL DISTRICT IN A CITY WITH A POPULATION GREATER THAN ONE HUNDRED TWENTY-FIVE THOU- SAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND, OR GREATER THAN TWO HUNDRED THOUSAND BUT LESS THAN ONE MILLION, THE ALTERNATE DUE MINIMUM AMOUNT SHALL EQUAL ALTERNATE OPTION THREE. (2) ALTERNATE OPTIONS ONE, TWO, AND THREE SHALL EQUAL THE QUOTIENT ARRIVED AT WHEN DIVIDING THE DIFFERENCE OF (I) THE PRODUCT OF (A) THE ALTERNATE DUE MINIMUM PERCENT MULTIPLIED BY (B) THE ALTERNATE INCREASE BASE AMOUNT LESS (II) THE ALTERNATE INCREASE AMOUNT BY THE COMBINED WEALTH RATIO. (3) THE ALTERNATE BASE AMOUNT SHALL EQUAL THE DIFFERENCE OF FOUNDATION AID FOR THE BASE YEAR LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. (4) THE ALTERNATE INCREASE AMOUNT SHALL EQUAL THE DIFFERENCE OF (I) THE FOUNDATION AID AMOUNT AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 FOUNDATION AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" LESS (II) THE ALTERNATE BASE AMOUNT. (5) THE ALTERNATE DUE MINIMUM PERCENT FOR ALTERNATE OPTION ONE SHALL BE SIX AND TWO HUNDREDTHS PERCENT (0.0602). THE ALTERNATE DUE MINIMUM PERCENT FOR ALTERNATE OPTION TWO SHALL BE FOUR AND THREE-TENTHS PERCENT (0.043). THE ALTERNATE DUE MINIMUM PERCENT FOR ALTERNATE OPTION THREE SHALL BE FIVE PERCENT (0.05). [b-1] C. Notwithstanding any other provision of law to the contrary, for the two thousand seven--two thousand eight school year and thereaft- er, 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] D. 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] E. For the two thousand fourteen--two thousand fifteen and two thousand fifteen--two thousand sixteen school years a city school A. 9006--B 15 district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. S 8. Section 3602 of the education law is amended by adding a new subdivision 19 to read as follows: 19. COMMUNITY SCHOOLS AID. EACH SCHOOL DISTRICT SHALL BE ELIGIBLE TO RECEIVE AN APPORTIONMENT FOR COMMUNITY SCHOOLS AID EQUAL TO THE SUM OF THE TIER ONE APPORTIONMENT AND THE TIER TWO APPORTIONMENT, BUT NO LESS THAN THE COMMUNITY SCHOOLS AID AMOUNT AS SET FORTH FOR EACH SCHOOL DISTRICT AS "2016-17 COMMUNITY SCHOOLS AID" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7". A. DEFINITIONS. (1) "TIER ONE ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT WITH AT LEAST ONE SCHOOL DESIGNATED AS STRUGGLING OR PERSISTENTLY STRUGGLING BY THE COMMISSIONER PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER PRIOR TO JANUARY FIRST, TWO THOUSAND SIXTEEN. (2) "TIER TWO ELIGIBLE SCHOOL DISTRICT" SHALL MEAN ANY SCHOOL DISTRICT DESIGNATED AS HIGH NEED PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708" OR ANY DISTRICT DESIGNATED AS HIGH NEED PURSUANT TO THE REGULATIONS OF THE COMMISSIONER IN THE MOST RECENTLY AVAILABLE STUDY INCLUDED IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND THIRTEEN--TWO THOUSAND FOURTEEN STATE FISCAL YEAR AND ENTITLED "SA131-4". B. TIER ONE APPORTIONMENT. ANY TIER ONE ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO (I) THE GREATER OF (1) THE PRODUCT OF EIGHT HUNDRED THIRTY DOLLARS AND SIXTY CENTS ($830.60) MULTI- PLIED BY THE DISTRICT'S ENROLLMENT IN THE TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IN SCHOOLS DESIGNATED AS STRUGGLING OR PERSISTENTLY STRUGGLING PURSUANT TO PARAGRAPHS (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT, OR (2) TEN THOUSAND DOLLARS ($10,000). C. TIER TWO APPORTIONMENT. ANY TIER TWO ELIGIBLE SCHOOL DISTRICT SHALL BE ELIGIBLE FOR AN APPORTIONMENT EQUAL TO THE GREATER OF (I) THE PRODUCT OF THE GRANT PER PUPIL MULTIPLIED BY THE STATE SHARING RATIO COMPUTED PURSUANT TO PARAGRAPH G OF SUBDIVISION THREE OF THIS SECTION MULTIPLIED BY THE DIFFERENCE OF THE BASE YEAR PUBLIC SCHOOL DISTRICT ENROLLMENT AS COMPUTED PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH N OF SUBDIVISION ONE OF THIS SECTION LESS THE DISTRICT'S ENROLLMENT IN THE TWO THOUSAND FOUR- TEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR IN SCHOOLS DESIGNATED AS STRUGGL- ING OR PERSISTENTLY STRUGGLING PURSUANT TO PARAGRAPH (A) OR (B) OF SUBDIVISION ONE OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER ON THE DATE PRIOR TO NOVEMBER FIRST THAT IS SPECIFIED BY THE COMMISSIONER AS THE ENROLLMENT REPORTING DATE FOR THE SCHOOL DISTRICT IF ANY, WHERE (A) THE GRANT PER PUPIL SHALL BE EIGHTY-NINE DOLLARS AND THIRTY-TWO CENTS ($89.32) MULTIPLIED BY THE EXTRAORDINARY NEEDS INDEX TRUNCATED TO TWO DECIMALS, AND (B) THE EXTRAORDINARY NEEDS INDEX SHALL EQUAL THE QUOTIENT TRUNCATED TO THREE DECIMALS ARRIVED AT BY DIVIDING THE EXTRAORDINARY NEEDS PERCENT COMPUTED PURSUANT TO PARAGRAPH W OF SUBDIVISION ONE OF THIS SECTION BY THE STATEWIDE AVERAGE EXTRAORDINARY NEEDS PERCENT OF A. 9006--B 16 FIFTY-FOUR AND EIGHT-TENTHS PERCENT (0.548) OR (II) TEN THOUSAND DOLLARS ($10,000). D. SCHOOL DISTRICTS SHALL USE AMOUNTS APPORTIONED PURSUANT TO THIS SUBDIVISION TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY SCHOOLS, WHICH ARE COMMUNITY HUBS TO DELIVER CO-LOCATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUNSELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINATOR OR RESOURCE COORDINATOR, IMPLEMENTING RESTORATIVE JUSTICE PROGRAMS, IMPROV- ING PARENT ENGAGEMENT, PROVIDING EARLY CHILDHOOD EDUCATION PROGRAMS, OFFERING PROFESSIONAL DEVELOPMENT SPECIFIC TO THE UNIQUE NEEDS OF STUDENTS AND THEIR FAMILIES ENROLLED IN A COMMUNITY SCHOOL, CONDUCTING COMMUNITY WIDE NEEDS ASSESSMENTS, CREATING A STEERING COMMITTEE MADE UP OF VARIOUS SCHOOL AND COMMUNITY STAKEHOLDERS TO PROVIDE FEEDBACK AND GUIDANCE OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT. THE COMMISSIONER SHALL PROMULGATE REGULATIONS THAT SET FORTH THE REQUIREMENTS FOR USE OF SUCH TIER ONE FUNDS BY DISTRICTS, WHICH SHALL REQUIRE THAT SUCH TIER ONE FUNDS BE USED TO TRANSFORM STRUGGLING OR PERSISTENTLY STRUGGLING SCHOOLS LOCATED IN SUCH DISTRICTS AND SHALL REQUIRE A SCHOOL DISTRICT TO DEMONSTRATE SUBSTANTIAL PARENT, TEACHER, AND COMMUNITY ENGAGEMENT IN THE PLANNING, IMPLEMENTA- TION AND OPERATION OF A COMMUNITY SCHOOL. THE COMMISSIONER MAY DETER- MINE THAT A PRE-EXISTING COMMUNITY SCHOOL'S PROGRAM SATISFIES THE REQUIREMENTS OF THE COMMISSIONER'S REGULATIONS PROVIDED THAT HE OR SHE MAY REQUIRE ANY NECESSARY MODIFICATIONS THERETO. S 9. Intentionally omitted. S 10. The opening paragraph of section 3609-a of the education law, as amended by section 6 of part A of chapter 56 of the laws of 2015, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand fifteen--two thousand sixteen] TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN 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, A. 9006--B 17 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 school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". For aid payable in the two thousand fifteen--two thousand sixteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA151-6".] FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS FIRST PRODUCED PURSUANT TO PARAGRAPHS B AND C OF SUBDIVISION TWENTY-ONE OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER FOLLOWING THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH AMENDED THIS PARAGRAPH. S 11. Intentionally omitted. S 11-a. Intentionally omitted. S 12. Intentionally omitted. S 13. Intentionally omitted. S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of subdi- vision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, are amended to read as follows: (i) determine the number of pupils tested who scored below the state- wide reference point as determined by the commissioner on each test administered pursuant to this subparagraph, plus pupils, other than pupils with disabilities and ENGLISH LANGUAGE LEARNER pupils [with limited English proficiency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district employing eight or more teachers in such years but not operating each grade may use the percentage computed pursuant to this paragraph for the district which in such years enrolled the greatest number of pupils in such grade from such district; (ii) divide the sum of such numbers by the number of such pupils who took each of such tests, plus pupils, other than pupils with disabili- ties and ENGLISH LANGUAGE LEARNER pupils [with limited English profi- ciency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district which in any of the applicable school years did not maintain a home school or employed fewer than eight teachers, and which in the base year employed eight or more teachers, may use the scores in a later test as designated by the commissioner for the purposes of this paragraph; S 15. Paragraph o of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall mean the number of pupils served in the base year in programs for pupils with limited English proficiency approved by the commissioner pursuant to the provisions of this chapter and in accordance with regulations adopted for such purpose. S 16. Paragraph b of subdivision 2 of section 3602-d of the education law, as added by chapter 792 of the laws of 1990, is amended to read as follows: A. 9006--B 18 (b) "Disadvantaged" shall mean individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in work-prep programs. Such term includes individuals who are: members of economically disadvantaged families as set forth in regulations promul- gated by the department pursuant to sections sixty-four hundred fifty- one and sixty-four hundred fifty-two of this chapter or as set forth in the Federal Job Training Partnership Act of nineteen hundred eighty-two (PL 97-300) (29 U.S.C.A. S 1501 et seq.); migrants; [individuals who have limited English proficiency] ENGLISH LANGUAGE LEARNERS; and indi- viduals who are identified as potential dropouts from secondary school. S 17. Paragraph d of subdivision 4 of section 3602-f of the education law, as added by section 83-a of part L of chapter 405 of the laws of 1999, is amended to read as follows: d. [Limited English proficient] ENGLISH LANGUAGE LEARNER pupil count as defined in paragraph o of subdivision one of section thirty-six hundred two of this article. S 18. Section 3604 of the education law is amended by adding a new subdivision 13 to read as follows: 13. FOR PURPOSES OF THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND "LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER". S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of section 3641 of the education law, as added by section 2 of part B of chapter 58 of the laws of 2011, is amended to read as follows: (B) [students with limited English proficiency and] students who are English language learners; S 20. Intentionally omitted. S 21. Intentionally omitted. S 22. Intentionally omitted. S 23. Subdivision 16 of section 3602-ee of the education law is REPEALED. S 24. Paragraph b of subdivision 6-c of section 3602 of the education law, as added by chapter 1 of the laws of 2013, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of [stationary] metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen and before the first day of July [two thousand sixteen] TWO THOUSAND SEVEN- TEEN such additional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivision six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdivision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and security cameras, and the approved expenditures shall not exceed such cost allowance. A. 9006--B 19 S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa- tion law relating to contracts for the transportation of school chil- dren, as amended by chapter 116 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2017] 2020, when upon such date the provisions of this act shall be deemed repealed. S 26. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 8 of part A of chapter 56 of the laws of 2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN. S 27. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2015, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [sixteen] SEVENTEEN of the [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a popu- lation of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall A. 9006--B 20 terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursu- ant to this subdivision, the commissioner shall be authorized to termi- nate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 28. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 13 of part A of chapter 56 of the laws of 2015, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section 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, reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or 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, AND REIMBURSEMENT FOR THE 2016--2017 SCHOOL YEAR SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS NINETY 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 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; WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED FIFTY-ONE THOUSAND THREE HUNDRED TWELVE (1,551,312). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with the provisions of such subdivision 11 of section 3602 of the education law. A. 9006--B 21 S 29. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion u to read as follows: U. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER 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. S 30. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 15 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2016] 2017. S 31. Section 99-u of the state finance law, as added by section 2 of part GG of chapter 59 of the laws of 2013, subdivision 2-a as added by chapter 453 of the laws of 2015, is amended to read as follows: S 99-u. New York state teen health education fund. 1. There is hereby established in the JOINT custody of the STATE COMPTROLLER AND commis- sioner of taxation and finance a special [account] FUND to be known as the "New York state teen health education fund". 2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section six hundred thirty-c of the tax law and all other moneys appropriated there- to from any other fund or source pursuant to law. Nothing contained in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 2-a. On or before the first day of February each year, the commission- er of [health] EDUCATION shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on health, chair of the assembly health commit- tee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: (i) the amount of money dispersed from the fund and the award process used for such disbursements; (ii) recipients of awards from the fund; (iii) the amount awarded to each; (iv) the purposes for which such awards were granted; and (v) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. 3. [The moneys in said account shall be retained by the fund and shall be released by the commissioner of taxation and finance only upon certificates signed by the commissioner of education or his or her designee and only for the purposes set forth in this section.] MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMP- TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA- TION. A. 9006--B 22 4. The moneys in such fund shall be expended for the purpose of supplementing educational programs in schools for health and awareness of issues facing teens today when it comes to their health. Eligible health programs are those with an established curriculum providing instruction on alcohol, tobacco and other drug abuse prevention, the causes and problems associated with teen obesity, and for awareness of the symptoms of teen endometriosis. S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018. S 33. 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 17 of part A of chapter 56 of the laws of 2015, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2016] 2017 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, [2016] 2017; S 34. 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 19 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017 when upon such date the provisions of this act shall be deemed repealed. S 35. 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 20 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. A. 9006--B 23 S 36. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 21 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 37. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2016--2017 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 38. 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 2017 and not later than the last day of the third full business week of June 2017, 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, 2017, for salary expenses incurred between April 1 and June 30, 2016 and such apportionment shall not exceed the sum of (i) the 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 A. 9006--B 24 district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 39. 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, 2017, 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, 2017 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- A. 9006--B 25 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 40. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 41. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2016--2017 school year, as a non-component school district, services required by article 19 of the education law. S 42. 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 2016--2017 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand dollars ($1,410,000); to the Schenectady city school district, one million eight hundred thousand dollars ($1,800,000); to the Port Chester A. 9006--B 26 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 section, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2016--2017 school year, for any city school district in a city having a population of more than one million, the set aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2016--2017 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 section to community-based organ- izations. Any increase required pursuant to this section 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 2016--2017 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seventy-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this 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 addition to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distributed pursuant to former subdivi- sion 27 of section 3602 of the education law for prior years. In school districts where the teachers are represented by certified or recognized employee organizations, all salary increases funded pursuant to this A. 9006--B 27 section shall be determined by separate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agree- ment between a school district and a certified or recognized employee organization. S 43. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2016 enacting the aid to localities budget shall be apportioned for the 2016-2017 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2016-2017 by a chapter of the laws of 2016 enacting the education, labor and family assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 44. Subdivision a of section 5 of chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 26-b of part A of chapter 56 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2015-16] 2016-17 school year, four million dollars ($4,000,000); for the [2016-17] 2017-18 school year, three million dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million dollars ($1,000,000); and for the [2019-20] 2020-21 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. S 45. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 15-a of part A of chapter 56 of the laws of 2015, 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 [fifteen] SIXTEEN--two thousand [sixteen] SEVENTEEN, the commissioner may set aside an amount not to exceed two million five hundred thousand dollars from the funds appro- A. 9006--B 28 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 46. Paragraph a of subdivision 9 of section 3602 of the education law, as amended by section 9 of part A of chapter 57 of the laws of 2013, is amended to read as follows: a. For aid payable in the [two thousand seven--two thousand eight] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year and thereafter, school districts which provided any half-day kindergarten programs or had no kindergarten programs in the nineteen hundred ninety-six--nine- ty-seven school year and in the base year, and which have not received an apportionment pursuant to this paragraph in any prior school year, shall be eligible for FIVE YEAR TRANSITION aid. I. THE AID IN THE FIRST YEAR OF FULL DAY KINDERGARTEN TRANSITION IS equal to the product of the district's selected foundation aid calcu- lated pursuant to subdivision four of this section multiplied by the positive difference resulting when the full day kindergarten enrollment of children attending programs in the district in the base year is subtracted from such enrollment in the current year. THE REMAINING TRAN- SITION AID SHALL BE APPORTIONED AS FOLLOWS: II. AID IN YEAR TWO SHALL EQUAL EIGHTY PERCENT OF THE AID RECEIVED BY THE DISTRICT IN YEAR ONE. III. AID IN YEAR THREE SHALL EQUAL SIXTY PERCENT OF THE AID RECEIVED BY THE DISTRICT IN YEAR ONE. IV. AID IN YEAR FOUR SHALL EQUAL FORTY PERCENT OF THE AID RECEIVED BY THE DISTRICT IN YEAR ONE. V. AID IN YEAR FIVE SHALL EQUAL TWENTY PERCENT OF THE AID RECEIVED BY THE DISTRICT IN YEAR ONE. S 47. Section 3602 of the education law is amended by adding a new subdivision 6-h to read as follows: 6-H. APPORTIONMENT OF BUILDING AID FOR ELIGIBLE PROJECTS IN STRUGGLING AND PERSISTENTLY STRUGGLING SCHOOLS FOR THE PURPOSE OF CONVERTING SUCH SCHOOLS TO COMMUNITY SCHOOLS. A. IN LIEU OF THE APPORTIONMENT PAYABLE PURSUANT TO SUBDIVISION SIX OF THIS SECTION, THE COMMISSIONER IS HEREBY AUTHORIZED TO APPORTION BUILDING AID TO A SCHOOL DISTRICT PURSUANT TO THIS SUBDIVISION IN THE AMOUNT EQUAL TO THE PRODUCT OF: (1) ITS APPROVED EXPENDITURES IN THE BASE YEAR FOR CAPITAL OUTLAYS FROM THE DISTRICT'S GENERAL FUND, CAPITAL FUND OR RESERVED FUNDS THAT ARE INCURRED ON OR AFTER JULY FIRST OF THE BASE YEAR, OR ITS CURRENT YEAR APPROVED EXPENDI- TURES FOR DEBT SERVICE OR A LEASE, LEASE-PURCHASE OR OTHER AGREEMENT RELATING TO AN EDUCATIONAL FACILITY TO THE EXTENT SUCH EXPENDITURES WOULD HAVE BEEN AIDABLE IN THE CURRENT YEAR PURSUANT TO SUBDIVISION SIX OF THIS SECTION OR ITS BASE YEAR APPROVED EXPENDITURES FOR A LEASE-PUR- CHASE AGREEMENT TO THE EXTENT SUCH EXPENDITURES WOULD BE AIDABLE IN THE BASE YEAR PURSUANT TO SUBDIVISION SIX OF THIS SECTION, AND (2) THE DISTRICT'S APPLICABLE BUILDING AID RATIO AS DEFINED PURSUANT TO PARA- GRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, AS DEFINED IN PARAGRAPH C OF THIS SUBDIVISION, IN AN ELIGIBLE SCHOOL, AS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION. APPROVED EXPENDITURES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS THAT ARE A. 9006--B 29 ELIGIBLE FOR AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE FOR AID PURSUANT TO SUBDIVISION SIX OF THIS SECTION. B. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL" SHALL MEAN A SCHOOL DESIGNATED AS A STRUGGLING OR PERSISTENTLY STRUGGLING SCHOOL PURSUANT TO THE REGULATIONS OF THE COMMISSIONER, AS OF THE DATE OF THE COMMISSIONER'S APPROVAL OF AN ELIGIBLE SCHOOL CONSTRUCTION PROJECT, THAT IS CONVERTING TO A COMMUNITY SCHOOL PURSUANT TO SUBDIVISION SEVEN OF SUCH SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER. C. FOR PURPOSES OF THIS SUBDIVISION, AN "ELIGIBLE SCHOOL CONSTRUCTION PROJECT" SHALL MEAN ANY PROJECT FOR THE FINANCING, REFINANCING, ACQUISI- TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REHABILITATION OR IMPROVE- MENT OF AN ELIGIBLE SCHOOL FOR THE PURPOSES OF ESTABLISHING SUSTAINABLE COMMUNITY SCHOOLS THAT FOSTER COMMUNITY AND PARENT ENGAGEMENT. D. AN APPORTIONMENT PURSUANT TO THIS SUBDIVISION SHALL BE DETERMINED PURSUANT TO SUBDIVISION SIX OF THIS SECTION, EXCEPT THAT THE COMMISSION- ER SHALL ASSIGN SPECIAL RATING CAPACITIES FOR COMMUNITY SCHOOL FACILITY SPACES IN AN ELIGIBLE SCHOOL, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO HEALTH SUITES, ADULT EDUCATION SPACES, GUIDANCE SUITES, RESOURCE ROOMS, REMEDIAL ROOMS AND PARENT/COMMUNITY ROOMS, SHARED AND CLASSROOM SPACES INCLUDING BUT NOT LIMITED TO CAREER TECHNICAL EDUCATION CLASSROOMS, AUDITORIUMS, CAFETERIAS, LARGE GROUP INSTRUCTION ROOMS AND GYMNASIUMS AS DEFINED IN REGULATIONS OF THE COMMISSIONER; PROVIDED, HOWEVER, THAT COST ALLOWANCES FOR ELIGIBLE SCHOOL CONSTRUCTION PROJECTS UNDER THIS SECTION SHALL BE THE LESSER OF ONE HUNDRED FIFTEEN PER CENTUM OF THE COST ALLOW- ANCES FOR COMPARABLE INSTRUCTIONAL SPACE DETERMINED UNDER SUBDIVISION SIX OF THIS SECTION OR THE ACTUAL COSTS RELATING TO THE CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF A SCHOOL BUILDING. S 48. 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 AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, IN EXCESS OF THIRTY-FOUR THOUSAND DOLLARS, shall not be such an approved expense, and except also that administrative 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 subdivi- A. 9006--B 30 sion. Transportation 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 49. 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, OR FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND THEREAFTER, BY FOUR THOUSAND TWO HUNDRED AND SIX DOLLARS. Such aid will be payable for weighted pupils attending career education programs operated by the school district and for weighted pupils for whom such school district contracts with boards of cooper- ative 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 prod- uct 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 50. Subdivision 10 of section 3602 of the education law is amended by adding a new paragraph e to read as follows: E. BEGINNING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE COMMISSIONER SHALL COLLECT DATA FROM SCHOOL DISTRICTS RECEIVING AID UNDER THIS SUBDIVISION ON THE NUMBER OF STUDENTS IN THE BASE YEAR THAT ARE IN GRADE NINE AND IN CAREER EDUCATION SEQUENCES IN TRADE, INDUSTRIAL, TECHNICAL, AGRICULTURAL OR HEALTH PROGRAMS AS WELL AS STUDENTS IN GRADE NINE IN CAREER EDUCATION SEQUENCES IN BUSINESS AND MARKETING AS DEFINED BY THE COMMISSIONER. S 51. The commissioner of education is hereby authorized and directed to examine the number of eligible students in the federal and state free and reduced price lunch program that are used to calculate aid under section 3602 of the education law for districts that are participating A. 9006--B 31 in the community eligibility program authorized by the Healthy, Hunger- Free Kids Act of 2010 and prepare a report of recommendations that would ensure a more accurate representation of this population for use in such education aid formulae. In developing such recommendations the commis- sioner shall consult with impacted districts, including city school districts of cities with one hundred twenty-five thousand inhabitants or more. The report shall be submitted to the Director of the Budget, the Chairs of the Senate Finance Committee, the Assembly Ways and Means Committee, the Senate Education Committee, and the Assembly Education Committee on or before October 1, 2016. S 52. Subparagraph (i) of paragraph (c) of subdivision 1 of section 211-f of the education law, as added by section 1 of subpart H of part EE of chapter 56 of the laws of 2015, is amended to read as follows: (i) For schools designated as persistently failing pursuant to para- graph (b) of this subdivision, the local district shall continue to operate the school [for an additional school year] UNTIL THE DEPARTMENT COMPLETES ITS PERFORMANCE REVIEW provided that there is a department-ap- proved intervention model or comprehensive education plan in place that includes rigorous performance metrics and goals, including but not limited to measures of student academic achievement and outcomes includ- ing those set forth in subdivision six of this section. Notwithstanding any other provision of law, rule or regulation to the contrary, the superintendent shall be vested with all powers granted to a receiver appointed pursuant to this section for such time period; provided, however that such superintendent shall not be allowed to override any decision of the board of education with respect to his or her employment status. [At the end of such year,] UPON CONCLUSION OF ONE FULL SCHOOL YEAR AFTER SUCH SCHOOL WAS PROVIDED FUNDING PURSUANT TO A PERSISTENTLY FAILING SCHOOL TRANSFORMATION GRANT, the department shall conduct a performance review in consultation and cooperation with the district and school staff to determine, based on the performance metrics in the school's model or plan, whether (1) the designation of persistently failing should be removed; (2) the school should remain under continued school district operation with the superintendent vested with the powers of a receiver; or (3) the school should be placed into receivership; provided, however, that a school that makes demonstrable improvement based on the performance metrics and goals herein shall remain under district operation for an additional school year and if such school remains under district operation, it shall continue to be subject to annual review by the department, in consultation and cooperation with the district, under the same terms and conditions. S 53. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 7-a of part A of chapter 56 of the laws of 2015, is amended to read as follows: (c) At the end of each ten year segment of an assumed amortization established pursuant to subparagraphs two, three and four of this para- graph, or in the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year in the case of assumed amortizations whose ten year segment ends prior to such school year, the commissioner shall revise the remaining scheduled semiannual payments of the outstanding principal and interest of such assumed amor- tization, other than the outstanding principal and interest of refunding bonds where the district can demonstrate to the commissioner that it is precluded by state or federal law, rule or regulation from refinancing such outstanding principal and interest, based on the interest rates applicable for the current year if the difference of the interest rate A. 9006--B 32 upon which the existing assumed amortization is based minus such inter- est rate applicable for the current year is equal to or greater than one quarter of one-one hundredth. Provided however, in the case of assumed amortization whose ten year segment ended prior to the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year the next ten year segment shall be deemed to commence with the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year. The department shall notify school districts of projects subject to the provisions of this clause by no later than December first next preceding the school year in which the assumed amortization is scheduled to be revised pursu- ant to this clause. S 54. Subdivision 4 of section 3627 of the education law, as amended by section 1 of part C of chapter 60 of the laws of 2015, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen [and two thousand four- teen--two thousand fifteen] school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved transportation expenses eligible for transportation aid, provided further that for the two thousand thirteen--two thousand fourteen school year such aid shall be limited to eight million one hundred thousand dollars and for the two thousand fourteen--two thousand fifteen school year and thereafter such aid shall be limited to THE SUM OF twelve million six hundred thousand dollars PLUS THE BASE AMOUNT AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF FOURTEEN MILLION SIX HUNDRED THOUSAND DOLLARS PLUS THE BASE AMOUNT. FOR PURPOSES OF THIS SUBDIVISION, "BASE AMOUNT" MEANS THE AMOUNT OF TRANSPORTATION AID PAID TO THE SCHOOL DISTRICT FOR EXPENDITURES INCURRED IN THE TWO THOUSAND TWELVE--TWO THOU- SAND THIRTEEN SCHOOL YEAR FOR TRANSPORTATION THAT WOULD HAVE BEEN ELIGI- BLE FOR AID PURSUANT TO THIS SECTION HAD THIS SECTION BEEN IN EFFECT IN SUCH SCHOOL YEAR, EXCEPT THAT SUBDIVISION SIX OF THIS SECTION SHALL BE DEEMED NOT TO HAVE BEEN IN EFFECT. And provided further that [such expenditures eligible for aid under this section shall supplement not supplant local expenditures for such transportation in the two thousand twelve--two thousand thirteen school year] THE SCHOOL DISTRICT SHALL CONTINUE TO ANNUALLY EXPEND FOR THE TRANSPORTATION DESCRIBED IN SUBDIVI- SION ONE OF THIS SECTION AT LEAST THE EXPENDITURES USED FOR THE BASE AMOUNT. S 55. Tuition rates approved for the two thousand sixteen--two thou- sand seventeen 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 percent in reimbursable costs. S 56. Subdivision 11 of section 3012-d of the education law, as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, is amended to read as follows: 11. [Notwithstanding any inconsistent provision of law, no school district shall be eligible for an apportionment of general support for public schools from the funds appropriated for the 2015--2016 school year and any year thereafter in excess of the amount apportioned to such school district in the respective base year unless such school district A. 9006--B 33 has] SCHOOL DISTRICTS SHALL HAVE submitted documentation that has been approved by the commissioner by November fifteenth, two thousand fifteen, or by September first of each subsequent year, demonstrating that it has fully implemented the standards and procedures for conduct- ing annual teacher and principal evaluations of teachers and principals in accordance with the requirements of this section and the regulations issued by the commissioner. [Provided further that any apportionment withheld pursuant to this section shall not occur prior to April first of the current year and shall not have any effect on the base year calculation for use in the subsequent school year. For purposes of this section, "base year" shall mean the base year as defined in paragraph b of subdivision one of section thirty-six hundred two of this chapter, and "current year" shall mean the current year as defined in paragraph a of subdivision one of section thirty-six hundred two of this chapter.] S 57. The education law is amended by adding a new article 2-A to read as follows: ARTICLE 2-A COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR SECTION 19. COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. 20. UTILIZATION OF OTHER AGENCY ASSISTANCE. 21. POWERS AND DUTIES OF COUNCIL. 22. COORDINATED SERVICES TO IMPROVE THE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. 23. RULES AND REGULATIONS. S 19. COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. 1. THERE IS HEREBY CREATED AND ESTABLISHED IN THE DEPARTMENT A COUNCIL TO BE KNOWN AS THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR WHICH SHALL SERVE THE BOARD OF REGENTS AND MEMBER AGENCIES IN AN ADVISORY CAPACITY. SUCH COUNCIL SHALL CONSIST OF THE COMMISSIONER OF EDUCATION OR HIS OR HER DESIGNEE, THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES OR HIS OR HER DESIGNEE, THE COMMISSIONER OF MENTAL HEALTH OR HIS OR HER DESIGNEE, THE COMMISSIONER OF DEVELOPMENTAL DISABILITIES OR HIS OR HER DESIGNEE, THE DIRECTOR OF THE OFFICE OF PROBATION AND CORRECTIONAL ALTERNATIVES OR HIS OR HER DESIGNEE, THE COMMISSIONER OF SOCIAL SERVICES OR HIS OR HER DESIGNEE, THE COMMISSIONER OF HEALTH OR HIS OR HER DESIGNEE, THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES OR HIS OR HER DESIGNEE, AND ELEVEN MEMBERS TO BE APPOINTED BY THE COMMISSIONER OF EDUCATION IN ACCORDANCE WITH SUBDI- VISION TWO OF THIS SECTION. THE COMMISSIONER OF EDUCATION OR HIS OR HER DESIGNEE, SHALL BE THE CHAIR OF THE COUNCIL. 2. IN ADDITION TO THE MEMBERS IN SUBDIVISION ONE OF THIS SECTION, THERE SHALL BE ELEVEN MEMBERS APPOINTED BY THE COMMISSIONER OF EDUCA- TION, OF WHOM TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE GOVERNOR, TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE, TWO MEMBERS SHALL BE APPOINTED UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND THREE OF THE REMAINING MEMBERS SHALL BE CERTIFIED TEACHERS, SCHOOL ADMINISTRATORS OR SCHOOL SUPPORT STAFF FROM SCHOOLS DESIGNATED BY THE COMMISSIONER AS STRUGGLING OR PERSISTENTLY STRUGGLING DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR PURSUANT TO THE COMMISSIONER'S REGULATIONS OR SCHOOLS IDENTIFIED AS PERSISTENTLY DANGEROUS SCHOOLS ACCORDING TO THE MOST CURRENT DESIGNATION OF THE COMMISSIONER AS OF FEBRUARY FIRST, TWO THOUSAND SIXTEEN. ALL MEMBERS APPOINTED PURSUANT TO THIS SUBDIVISION SHALL HAVE DEMONSTRATED EXPERIENCE WITH OR EXPERTISE IN ONE OR MORE OF THE FOLLOWING AREAS: YOUTH DEVELOPMENT, EDUCATION, LAW, PREVENTION AND INTERVENTION SERVICES, SOCIOLOGY, STRUCTURAL AND INSTITU- A. 9006--B 34 TIONAL RACISM, COMPREHENSIVE AND COORDINATED SERVICES, SOCIAL WORK, PUBLIC POLICY, ENGAGING FAMILIES AND COMMUNITIES, STATISTICS, AND HEALTH. 3. THE CHAIR OF THE COUNCIL SHALL DESIGNATE STAFF FROM THE DEPARTMENT OR HIRE ADDITIONAL STAFF TO ASSIST IN CARRYING OUT THE FUNCTIONS OF THE COUNCIL. 4. THE COUNCIL MAY CONDUCT ITS MEETINGS AND, BY AND THROUGH THE CHAIR, PERFORM ITS POWERS AND DUTIES NOTWITHSTANDING THE ABSENCE OF A QUORUM; PROVIDED, HOWEVER THAT NO ACTION MAY BE TAKEN BY THE COUNCIL WITHOUT THE CONCURRENCE OF THE CHAIR. 5. THE COUNCIL SHALL ADOPT BY-LAWS TO GOVERN ITS PROCEEDINGS. 6. THE COUNCIL SHALL BE ALLOCATED THE SUM OF ONE HUNDRED THOUSAND DOLLARS FROM THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE BUDGET TO COMPLETE THE DUTIES REQUIRED PURSUANT TO PARAGRAPH (E) OF SUBDIVISION TWO OF SECTION TWENTY-ONE OF THIS ARTICLE. THE MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT SALARY, BUT SHALL BE ENTITLED TO REIMBURSEMENT FOR HIS OR HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES PURSUANT TO THIS SECTION. S 20. UTILIZATION OF OTHER AGENCY ASSISTANCE. TO EFFECTUATE THE PURPOSES OF THIS ARTICLE, ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE STATE OR OF ANY POLITICAL SUBDIVISION THERE- OF SHALL, AT THE REQUEST OF THE CHAIR, PROVIDE TO THE COUNCIL SUCH FACILITIES, ASSISTANCE AND DATA AS WILL ENABLE THE COUNCIL TO PROPERLY CARRY OUT ITS POWERS AND DUTIES AND THOSE OF THE CHAIR. S 21. POWERS AND DUTIES OF COUNCIL. 1. AS USED IN THIS ARTICLE, THE TERMS "PROGRAMS" AND "SERVICE PROGRAMS" SHALL MEAN AND INCLUDE CARE, MAINTENANCE SERVICES AND PROGRAMS TO IMPROVE EDUCATIONAL OUTCOMES PROVIDED TO BOYS AND YOUNG MEN OF COLOR OF THE STATE AND THEIR FAMILIES BY OR UNDER THE JURISDICTION OF A MEMBER AGENCY. THE TERM "MEMBER AGEN- CY" SHALL MEAN AN AGENCY HEADED BY A MEMBER OF THE COUNCIL. 2. THE COUNCIL SHALL HAVE THE FOLLOWING DUTIES AND POWERS: (A) TO IDENTIFY PROBLEMS AND DEFICIENCIES IN SERVICE PROGRAMS AND MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS FOR THE REMEDY OF SUCH PROBLEMS AND DEFICIENCIES ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER RELATING TO THE IMPROVEMENT OF THE EDUCATIONAL OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; (B) TO MAKE RECOMMENDATIONS TO IMPROVE COORDINATION OF PROGRAMS AND FISCAL RESOURCES OF STATE, LOCAL, PUBLIC AND VOLUNTARY SERVICES TO IMPROVE THE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND TO COORDINATE PROGRAM AND MANAGEMENT RESEARCH OF MEMBER AGENCIES FOR THE PURPOSE OF MONITORING, EVALUATING OR REDIRECTING EXISTING CARE AND SERVICE PROGRAMS OR DEVELOPING NEW PROGRAMS, AND TO CONDUCT, SPONSOR, OR REQUEST THAT MEMBER AGENCIES UNDERTAKE SUCH RESEARCH OR OTHER ACTIVITIES; (C) TO DEVELOP AND MONITOR CURRENT AND FUTURE PARTNERSHIPS AMONG SCHOOLS, COMMUNITY-BASED ORGANIZATIONS AND BUSINESSES TO ADDRESS IMPOR- TANT HEALTH AND EDUCATIONAL OUTCOMES OF STUDENTS ACROSS THE CONTINUUM OF PRE-KINDERGARTEN THROUGH COLLEGE; (D) TO FOCUS ON SCHOOLS AND DISTRICTS WITH THE GREATEST INEQUITIES AND HIGHEST POPULATION OF BOYS AND YOUNG MEN OF COLOR; (E) TO REVIEW AND ANALYZE STATE DATA AND IDENTIFY CRITICAL DATA ELEMENTS THE DEPARTMENT NEEDS TO COLLECT TO ASSESS AND ADDRESS ISSUES RELATED TO THE IMPACT OF RACIAL DISPARITIES IN SERVICE DELIVERY; AND TO PRESENT A WRITTEN REPORT ON SUCH FINDINGS AND RECOMMENDED ACTIONS TO THE BOARD OF REGENTS ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN; (F) TO REVIEW DIFFERENCES, IF ANY, CONCERNING RULES AND REGULATIONS OF EACH MEMBER AGENCY INSOFAR AS SUCH RULES AND REGULATIONS IMPACT ON A. 9006--B 35 SERVICES OR PROGRAMS PROVIDED BY OTHER MEMBER AGENCIES AND TO MAKE RECOMMENDATIONS TO THE BOARD OF REGENTS AND MEMBER AGENCIES AS TO THEIR RESOLUTION; (G) TO REVIEW STATE AND LOCALLY OPERATED OR SUPPORTED SERVICE PROGRAMS' PLANS AND PROPOSALS FOR NEW SERVICES TO IMPROVE THE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR AND MAKE RECOMMENDATIONS AS TO WHETHER SUCH SERVICES ARE PLANNED, CREATED AND DELIVERED IN A COORDINATED, EFFECTIVE AND COMPREHENSIVE MANNER; (H) TO RECOMMEND TO THE COMMISSIONER THE ACCEPTANCE AND EXPENDITURE OF ANY GRANTS, AWARDS, OR OTHER FUNDS OR APPROPRIATIONS AS MAY BE AVAILABLE TO THE COUNCIL TO EFFECTUATE THE PURPOSES OF THIS ARTICLE; (I) TO PERFORM ANY POWERS OR DUTIES AS DEEMED APPROPRIATE BY THE COMMISSIONER TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND (J) TO VALIDATE AND AWARD THE WORK OF SCHOOLS THAT SUCCESSFULLY SERVE DISENGAGED, OVER-AGE AND UNDER-CREDITED STUDENTS WITH APPROPRIATE METRICS FOR MONITORING AND EVALUATING THEIR PROGRESS. 2-A. (A) AS PART OF ITS JANUARY FIFTEENTH, TWO THOUSAND SEVENTEEN REPORT, THE COUNCIL SHALL STUDY AND MAKE RECOMMENDATIONS REGARDING THE POTENTIAL LINKS BETWEEN SCHOOL DISCIPLINE, POOR ACADEMIC OUTCOMES, AND INVOLVEMENT OF STUDENTS IN THE CRIMINAL AND JUVENILE JUSTICE SYSTEMS. SUCH STUDY AND RECOMMENDATIONS SHALL INCLUDE EFFORTS AND STRATEGIES RELATED TO: (I) PRACTICES WHICH LEAD TO DISPROPORTIONATELY HIGH RATES OF BOYS AND YOUNG MEN OF COLOR EXPERIENCING SUSPENSIONS, SUMMONSES AND ARRESTS; (II) RESTORATIVE JUSTICE PRACTICES DESIGNED TO HAVE A YOUNG PERSON CONFRONT THE IMPACT OF MISCONDUCT AND TAKE POSITIVE ACTIONS TO MAKE RECOMPENSE TO THE COMMUNITY; AND (III) POSITIVE BEHAVIORAL INTERVENTIONS AND SUPPORTS, SUCH AS SCHOOL- WIDE, EVIDENCE-BASED APPROACHES TO ADDRESSING MISBEHAVIOR. (B) AS PART OF ITS STUDY AND RECOMMENDATIONS PURSUANT TO THIS SUBDIVI- SION, THE COUNCIL SHALL HOLD PUBLIC MEETINGS AND OFFER OPPORTUNITIES FOR MEMBERS OF THE PUBLIC TO COMMENT ON STRATEGIES AND SOLUTIONS. 3. THE COUNCIL SHALL REVIEW THE BUDGET REQUESTS OF MEMBER AGENCIES INSOFAR AS SUCH BUDGETS JOINTLY AFFECT SERVICE PROGRAMS TO BOYS AND YOUNG MEN OF COLOR AND THEIR FAMILIES AND SHALL MAKE COMMENTS AND RECOM- MENDATIONS THEREON TO THE RELEVANT MEMBER AGENCIES AND THE GOVERNOR. 4. THE COUNCIL SHALL MEET ON A REGULAR BASIS TO IMPLEMENT THE PURPOSES OF THIS ARTICLE AND SHALL MEET AT LEAST FOUR TIMES A YEAR. S 22. COORDINATED SERVICES TO IMPROVE THE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. 1. THE ABSENCE OF COORDINATED SERVICES OFTEN RESULTS IN BOYS AND YOUNG MEN OF COLOR GRADUATING AT LOWER RATES, DROPPING OUT AT HIGHER RATES, PARTICIPATING IN FEWER ADVANCE PLACEMENT COURSES AND PREPARATORY TESTS AND BEING SUSPENDED FROM SCHOOL AT DRAMATICALLY HIGHER RATES THAN THEIR PEERS. ESTABLISHING THE COORDINATED SERVICES INITIATIVE STATEWIDE IS INTENDED TO IMPROVE THE MANNER IN WHICH SERVICES OF MULTI- PLE SYSTEMS ARE DELIVERED AND TO ELIMINATE BARRIERS TO A COORDINATED SYSTEM OF SERVICES. THE PURPOSE OF THIS SECTION IS TO WORK TOWARDS AND PROVIDE RECOMMENDATIONS TO ESTABLISH A COORDINATED SYSTEM OF SERVICES FOR BOYS AND YOUNG MEN OF COLOR TO IMPROVE THEIR HEALTH, MENTAL HEALTH, EMPLOYMENT, SOCIAL AND EDUCATIONAL OUTCOMES THROUGH ASSISTANCE FROM MULTIPLE AGENCY SYSTEMS. SUCH SYSTEM OF SERVICES SHALL PROVIDE FOR THE EFFECTIVE COLLABORATION AMONG STATE AND LOCAL EDUCATION, HEALTH, MENTAL HYGIENE, JUVENILE JUSTICE, PROBATION AND OTHER HUMAN SERVICES AGENCIES DIRECTED AT IMPROVING OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR AND THEIR FAMILIES LEADING TO FULL PARTICIPATION IN THEIR COMMUNITIES AND SCHOOLS. A. 9006--B 36 2. THE COUNCIL MAY WORK WITH MEMBER AGENCIES TO ESTABLISH AND MAINTAIN A COORDINATED SYSTEM OF SERVICES FOR BOYS AND YOUNG MEN OF COLOR TO IMPROVE THEIR HEALTH AND EDUCATIONAL OUTCOMES. S 23. RULES AND REGULATIONS. THE COMMISSIONER, IN CONSULTATION WITH THE COUNCIL, IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS ARTICLE. S 58. Section 3641 of the education law is amended by adding a new subdivision 17 to read as follows: 17. AID FOR FAMILY AND COMMUNITY ENGAGEMENT STRATEGIES. A. PURPOSE. THE PURPOSE OF THIS SUBDIVISION IS TO SUPPORT TARGETED PROGRAMMING THAT CAN FACILITATE AND SUPPORT ACTIVE, RESEARCH-BASED FAMILY AND COMMUNITY ENGAGEMENT STRATEGIES CONSISTENT WITH THE GOALS OF THE BOARD OF REGENT'S WORKGROUP TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. B. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE, SCHOOL DISTRICTS SHALL BE ELIGIBLE FOR AN APPORTIONMENT OR APPORTIONMENTS PURSUANT TO THIS SUBDIVISION FOR ELIGIBLE FAMILY AND COMMUNITY ENGAGEMENT PROGRAMS. THE PAYMENT OF SUCH APPORTIONMENT OR APPORTIONMENTS SHALL BE MADE IN THE MANNER PROVIDED FOR IN PARAGRAPH D OF THIS SUBDIVISION. C. DEFINITIONS. FOR THE PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "ELIGIBLE FAMILY AND COMMUNITY ENGAGEMENT PROGRAM" OR "ELIGIBLE PROGRAM" MEANS A COMMUNITY BASED ORGANIZATION OR SCHOOL SPONSORED PROGRAM IN SUPPORT OF THE IMPROVEMENT OF OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR THAT IS CONSISTENT WITH THE GOALS AND STRATEGIES OF THE WORK- GROUP TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR AND FROM SCHOOLS DESIGNATED BY THE COMMISSIONER AS STRUGGLING OR PERSISTENTLY STRUGGLING DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR PURSUANT TO THE COMMISSIONER'S REGULATIONS OR SCHOOLS IDENTIFIED AS PERSISTENTLY DANGEROUS SCHOOLS ACCORDING TO THE MOST CURRENT DESIGNATION OF THE COMMISSIONER AS OF FEBRUARY FIRST, TWO THOUSAND SIXTEEN. (2) "APPROVED PROGRAM" MEANS AN ELIGIBLE PROGRAM THAT HAS BEEN REVIEWED BY THE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT AND APPROVED BY THE COMMISSIONER IN CONSULTATION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR PURSUANT TO THIS SUBDIVISION FOR FUNDING DISBURSEMENT BY AN APPORTIONMENT OR APPORTIONMENTS MADE HEREUNDER. D. POWERS AND DUTIES OF THE COMMISSIONER. IN ADMINISTERING THE PROVISIONS OF THIS SUBDIVISION, THE COMMISSIONER SHALL: (1) ESTABLISH AN APPLICATION PROCESS FOR SCHOOL DISTRICTS, SCHOOLS OR COMMUNITY BASED ORGANIZATIONS TO REQUEST THE APPROVAL OF THE COMMISSION- ER OF AN APPORTIONMENT OR APPORTIONMENTS TO FUND ELIGIBLE PROGRAMS; (2) PROVIDE THAT APPROVED PROGRAMS WHICH RECEIVE AN APPORTIONMENT OR APPORTIONMENTS PURSUANT TO THIS SUBDIVISION ARE DESIGNED, MAINTAINED AND FACILITATED IN THE MOST COST-EFFECTIVE MANNER POSSIBLE, WHICH MINIMIZES WASTE AND MAXIMIZES EFFICIENCY. THE BOARD OF REGENTS AND THE COMMISSION- ER SHALL IMPOSE A MECHANISM FOR ESTABLISHING GUIDELINES FOR MONITORING AND DOCUMENTING THIS PROCESS. THE COMMISSIONER SHALL TAKE APPROPRIATE ACTION TO ENSURE A DISTRICT'S COMPLIANCE WITH THIS SUBPARAGRAPH; (3) CREATE A STATEWIDE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT WITH- IN THE DEPARTMENT TO CREATE A SAMPLE STATEWIDE POLICY ON FAMILY ENGAGE- MENT AND PROVIDE BEST PRACTICES, GUIDANCE AND TRAINING TO SCHOOL DISTRICTS RELATED TO PROVIDING FAMILIES, COMMUNITY-BASED ORGANIZATIONS AND ASSOCIATIONS WITH NECESSARY INFORMATION ABOUT THE PRE-KINDERGARTEN THROUGH TWELFTH GRADE EDUCATIONAL PROCESS TO ENCOURAGE THEIR PARTIC- IPATION IN IMPROVING OUTCOMES FOR ALL STUDENTS. SUCH SAMPLE STATEWIDE POLICY, BEST PRACTICES, AND GUIDANCE SHALL ADDRESS ISSUES RELATED, BUT NOT LIMITED, TO: A. 9006--B 37 (I) SUPPORTING THE DEVELOPMENT OF TRAINING PROGRAMS FOR PARENTS, STUDENTS, AND SCHOOL PERSONNEL ON HOW TO ENGAGE, INTERACT, AND SUSTAIN RELATIONSHIPS; (II) EDUCATING PARENTS AND COMMUNITIES ON HOW TO NAVIGATE THE EDUCA- TIONAL SYSTEM, AND PARTICIPATE IN SCHOOL ACTIVITIES, MEETINGS, AND CONFERENCES; (III) INFORMING PARENTS ON HOW THEY CAN BEST SUPPORT THEIR CHILD'S EDUCATION; (IV) COLLABORATING WITH COMMUNITY-BASED ORGANIZATIONS, STATE AGENCIES AND ASSOCIATIONS THAT PROVIDE COMPREHENSIVE HEALTH AND EDUCATIONAL SERVICES, AND PROVIDING INFORMATION TO PARENTS AND STUDENTS ABOUT THE SERVICES AVAILABLE AT THE SCHOOL OR IN THE COMMUNITY THAT ADDRESS SOCI- O-EMOTIONAL , BEHAVIORAL, AND HEALTH ISSUES OF CHILDREN; (V) ASSISTING PARENTS IN UNDERSTANDING THE IDENTIFICATION AND PROVISION OF SPECIAL EDUCATION SERVICES AND SUPPORT SERVICES SUCH AS SOCIAL WORK, GUIDANCE COUNSELING, PSYCHOLOGICAL COUNSELING, SPEECH THER- APY, AND ACADEMIC INTERVENTION SERVICES; (VI) IDENTIFYING COMMUNICATION ASSISTANCE FOR FAMILIES WHOSE FIRST LANGUAGE IS NOT ENGLISH; (VII) SUPPORTING PARENTS IN BUILDING THEIR OWN LITERACY SKILLS AND PREPARING FOR CONTINUED EDUCATION; (VIII) RECRUITING HIGH-QUALITY, SUSTAINED MENTORS FROM THE COMMUNITY AND IMPROVING THE QUALITY OF MENTORING PROGRAMS; (IX) PROVIDING INFORMATION ON DEVELOPMENTAL, HEALTH AND BEHAVIORAL SCREENINGS AVAILABLE AT THE SCHOOL OR IN THE COMMUNITY TO ENSURE TIMELY ACCESS TO NEEDED SERVICES, INCLUDING FREE OR LOW-COST SCREENING AND CORRECTIVE SERVICES, AND INCREASING PUBLIC UNDERSTANDING OF DEVELOP- MENTAL MILESTONES AND HOW REGULAR SCREENINGS HELP RAISE AWARENESS OF A CHILD'S DEVELOPMENT; (X) ENSURING THAT PARENTS UNDERSTAND THE LEARNING STANDARDS TO BE COVERED AT EACH GRADE LEVEL; (XI) PROVIDING TRAINING IN EVIDENCE-BASED STRATEGIES AND PRACTICES TO PARENTS, STUDENTS, AND TEACHERS ON CULTURAL AND LINGUISTIC RESPONSIVE- NESS AND RECOGNIZING BIAS; (XII) ENSURING EVERY STUDENT AND PARENT HAS ACCESS TO INFORMATION AND COUNSELING ON POST-SECONDARY EDUCATIONAL AND CAREER OPPORTUNITIES AND SUPPORT TO COMPLETE THE FREE APPLICATION FOR FEDERAL STUDENT AID; AND (XIII) INCREASING AWARENESS OF AND ENCOURAGING ALL STUDENTS TO ENROLL IN ADVANCED COURSEWORK OPPORTUNITIES AND CAREER PREPARATION PROGRAMS. E. THE AMOUNT OF THE APPORTIONMENT OR APPORTIONMENTS PROVIDED TO APPROVED PROGRAMS SHALL BE DETERMINED BY THE COMMISSIONER IN CONSULTA- TION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR AND THE OFFICE OF FAMILY AND COMMUNITY ENGAGEMENT. F. ALL APPORTIONMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL BE DESIGNED IN ACCORDANCE WITH THE FUNDAMENTAL PRINCIPLE THAT SUCH ELIGIBLE PROGRAMS MAY NOT DISCRIMINATE ON THE BASIS OF SEX, RACE, COLOR OR NATIONAL ORIGIN AND ALL SUCH ELIGIBLE PROGRAMS SHALL BE AVAILABLE TO ALL STUDENTS REGARDLESS OF SEX, RACE, COLOR OR NATIONAL ORIGIN. S 59. Section 3641 of the education law is amended by adding a new subdivision 6-d to read as follows: 6-D. SCHOOL MODELS THAT IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR GRANT PROGRAM. A. THE PURPOSE OF THE GRANT PROGRAM IS TO INCENTIV- IZE AND FUND THE DEVELOPMENT AND EXPANSION OF INNOVATIVE SCHOOL MODELS AND PRACTICES THAT ARE EFFECTIVE IN IMPROVING THE EDUCATIONAL, SOCIAL, MENTAL HEALTH, HEALTH AND EMPLOYMENT OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. A. 9006--B 38 B. WITHIN THE AMOUNT APPROPRIATED FOR SUCH PURPOSE AND SUBJECT TO A PLAN DEVELOPED BY THE COMMISSIONER IN COORDINATION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR, THE COMMISSIONER SHALL AWARD COMPETITIVE GRANTS PURSUANT TO THIS SUBDIVISION TO SCHOOL DISTRICTS AND ELIGIBLE ENTITIES, TO BE IMPLEMENTED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, TO DEVELOP OR EXPAND EXEM- PLARY SCHOOL MODELS AND PRACTICES THAT DEMONSTRATE CULTURAL AND LINGUIS- TIC RESPONSIVENESS TO THE NEEDS OF BOYS AND YOUNG MEN OF COLOR AND IMPROVES THE OUTCOMES OF BOYS AND YOUNG MEN OF COLOR. SUCH MODELS AND APPROACHES MAY ADDRESS NEEDS INCLUDING, BUT NOT LIMITED TO, RESTORATIVE JUSTICE, STRUCTURAL AND INSTITUTIONAL RACISM, RACIAL INEQUALITIES, CREATING A SCHOOL CLIMATE OF CARE AND RESPECT, AND EDUCATIONAL OUTCOMES. ELIGIBLE ENTITIES SHALL MEAN SCHOOL DISTRICTS OR NOT-FOR-PROFIT ORGAN- IZATIONS WITH EXPERIENCE OR EXPERTISE IN PROVIDING SERVICES TO MEET THE NEEDS OF BOYS AND YOUNG MEN OF COLOR THAT SERVE SUCH DISTRICTS, WHICH SHALL INCLUDE NOT-FOR-PROFIT COMMUNITY BASED ORGANIZATIONS. (1) SUCH PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE PROCESS BY WHICH A REQUEST FOR PROPOSALS WILL BE DEVELOPED; (II) THE SCORING RUBRIC BY WHICH SUCH PROPOSED SCHOOL MODELS WILL BE EVALUATED, PROVIDED THAT SUCH GRANTS SHALL BE AWARDED BASED ON FACTORS INCLUDING, BUT NOT LIMITED TO: MEASURES OF SCHOOL DISTRICT NEED; MEAS- URES OF THE NEED OF BOYS AND YOUNG MEN OF COLOR TO BE SERVED BY EACH OF THE SCHOOL DISTRICTS; THE SCHOOL DISTRICT'S SCHOOL MODEL TO TARGET THE BOYS AND YOUNG MEN OF COLOR; THE SUSTAINABILITY OF THE PROPOSED SCHOOL MODEL; AND THE PROPOSED SCHOOL MODEL QUALITY; (III) THE FORM AND MANNER BY WHICH APPLICATIONS WILL BE SUBMITTED; (IV) THE MANNER BY WHICH CALCULATION OF THE AMOUNT OF THE AWARD WILL BE DETERMINED; (V) THE TIMELINE FOR THE ISSUANCE AND REVIEW OF APPLICATIONS TO ENSURE GRANTS WILL BE AWARDED DURING THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR; AND (VI) PROGRAM IMPLEMENTATION PHASES THAT WILL TRIGGER PAYMENT OF SET PERCENTAGES OF THE TOTAL AWARD. (2) IN ASSESSING THE PROPOSED SCHOOL MODEL QUALITY, THE COUNCIL AND COMMISSIONER SHALL TAKE INTO ACCOUNT FACTORS INCLUDING, BUT NOT LIMITED TO: (I) THE EXTENT TO WHICH THE SCHOOL DISTRICT'S PROPOSED SCHOOL MODEL WOULD PROVIDE IMPROVED OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR THROUGH PARTNERSHIPS WITH LOCAL GOVERNMENTS AND NOT-FOR-PROFIT ORGANIZATIONS; (II) THE EXTENT TO WHICH THE SCHOOL MODEL PROPOSAL ARTICULATES HOW SUCH SCHOOL MODEL WOULD FACILITATE OR HAS FACILITATED MEASURABLE IMPROVEMENT TO BOYS AND YOUNG MEN OF COLOR OUTCOMES; (III) THE EXTENT TO WHICH THE SCHOOL MODEL PROPOSAL ARTICULATES AND IDENTIFIES HOW EXISTING FUNDING STREAMS AND PROGRAMS WOULD BE USED TO PROVIDE IMPROVED OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR; AND (IV) THE EXTENT TO WHICH THE SCHOOL MODEL PROPOSAL INCLUDES EVIDENCE- BASED ASSESSMENTS TO EVALUATE THE EFFECTIVENESS OF THE SCHOOL MODEL. C. A RESPONSE TO A REQUEST FOR PROPOSALS ISSUED PURSUANT TO THIS SUBDIVISION MAY BE SUBMITTED BY A SINGLE SCHOOL DISTRICT OR JOINTLY BY A CONSORTIUM OF TWO OR MORE SCHOOL DISTRICTS. D. THE AMOUNT OF THE GRANT AWARD SHALL BE DETERMINED BY THE COMMIS- SIONER IN CONSULTATION WITH THE COUNCIL TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR, CONSISTENT WITH THE PLAN DEVELOPED PURSUANT TO PARA- GRAPH B OF THIS SUBDIVISION; PROVIDED THAT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR, FIVE MILLION FIVE HUNDRED THOUSAND DOLLARS ($5,500,000) SHALL BE AVAILABLE FOR THIS A. 9006--B 39 PURPOSE, PROVIDED FURTHER THAT FOUR MILLION DOLLARS ($4,000,000) OF SUCH AMOUNT SHALL BE SET ASIDE FOR USE WITHIN SCHOOL DISTRICTS OF CITIES WITH ONE HUNDRED TWENTY-FIVE THOUSAND OR MORE INHABITANTS; SUCH AMOUNT SHALL BE DIVIDED EVENLY AMONGST SUCH DISTRICTS AND, PURSUANT TO REQUESTS FOR PROPOSALS ISSUED BY THE DEPARTMENT, MADE AVAILABLE TO ELIGIBLE ENTITIES AS THAT TERM IS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION; PROVIDED FURTHER, THAT THE REMAINING ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000) OF SUCH AMOUNT SHALL BE SET ASIDE FOR USE WITHIN OTHER SCHOOL DISTRICTS AND, PURSUANT TO REQUESTS FOR PROPOSALS ISSUED BY THE DEPARTMENT, MADE AVAILABLE TO ELIGIBLE ENTITIES AS THAT TERM IS DEFINED IN PARAGRAPH B OF THIS SUBDIVISION AND PROVIDED FURTHER THAT THE AMOUNT AWARDED WILL BE PAID OUT IN SET PERCENTAGES OVER TIME UPON SUCCESSFUL IMPLEMENTATION OF EACH PHASE OF THE APPROVED SCHOOL MODEL PROPOSAL SET FORTH PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION; PROVIDED FURTHER THAT NONE OF THE GRANTS AWARDED PURSUANT TO THIS SUBDIVISION MAY BE USED TO SUPPLANT EXISTING FUNDING. E. THE SCHOOL MODEL PROPOSALS AWARDED GRANTS PURSUANT TO THIS SUBDIVI- SION SHALL BE DESIGNED IN ACCORDANCE WITH THE FUNDAMENTAL PRINCIPLE THAT THEY MAY NOT DISCRIMINATE ON THE BASIS OF SEX, RACE, COLOR, OR NATIONAL ORIGIN AND ALL SUCH SCHOOL MODEL SERVICES SHALL BE MADE AVAILABLE TO ALL STUDENTS REGARDLESS OF SEX, RACE, COLOR OR NATIONAL ORIGIN. S 60. Section 3641 of the education law is amended by adding a new subdivision 6-e to read as follows: 6-E. INCENTIVE GRANTS TO IMPROVE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. A. WITHIN THE AMOUNTS APPROPRIATED FOR SUCH PURPOSE, THE COMMIS- SIONER SHALL AWARD COMPETITIVE GRANTS TO ELIGIBLE SCHOOLS PURSUANT TO THIS SUBDIVISION THAT HAVE DEMONSTRATED THE MOST COHERENT CRADLE-TO-COL- LEGE AND CAREER STRATEGY AIMED AT IMPROVING LIFE OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. B. THE COMMISSIONER SHALL: (1) DEVELOP A COMPETITIVE REQUEST FOR PROPOSALS TO BE ISSUED ON OR BEFORE OCTOBER FIRST, TWO THOUSAND SIXTEEN AND SHALL ENSURE THAT GRANTS WILL BE AWARDED PURSUANT TO THIS SUBDIVISION DURING THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR; (2) CREATE A REVIEW PROCESS AND A SCORING RUBRIC TO BE USED IN THE EVALUATION OF APPLICATIONS DURING SUCH PROCESS; (3) ESTABLISH A REGIONAL DISTRIBUTION METHODOLOGY FOR THE AWARDS THAT INCLUDES ALL REGIONS OF THE STATE; (4) LIMIT THE ANNUAL AWARD TO EACH SCHOOL TO ONE HUNDRED THOUSAND DOLLARS ($100,000). C. TO BE AN ELIGIBLE APPLICANT, A SCHOOL MUST: (1) BE IDENTIFIED BY THE COMMISSIONER AS A PERSISTENTLY STRUGGLING SCHOOL DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR PURSUANT TO COMMISSIONER'S REGULATIONS; (2) BE IDENTIFIED BY THE COMMISSIONER AS A STRUGGLING SCHOOL DURING THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR PURSUANT TO COMMISSIONER'S REGULATIONS; OR (3) BE IDENTIFIED AS A PERSISTENTLY DANGEROUS SCHOOL ACCORDING TO THE MOST CURRENT DESIGNATION OF THE COMMISSIONER AS OF FEBRUARY FIRST, TWO THOUSAND SIXTEEN. D. THE COMMISSIONER SHALL GRANT AWARDS TO THE SCHOOLS AMONG THE REGIONS DETERMINED IN THE METHODOLOGY DEVELOPED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION. E. (1) ANY SCHOOL DISTRICT RECEIVING AN AWARD PURSUANT TO THIS SUBDI- VISION SHALL EXPEND GRANT FUNDS IN ACCORDANCE WITH A HIGH-QUALITY PLAN SUBMITTED WITH ITS APPLICATION IN RESPONSE TO THE REQUEST FOR PROPOSALS. A. 9006--B 40 SUCH PLAN MUST SPECIFY HOW FUNDS WILL BE USED TO ENHANCE THE ACTIVITIES AND STRATEGIES THAT HAVE BEEN OR WILL BE IMPLEMENTED OR THAT HAVE BEEN DEMONSTRATED TO BE EFFECTIVE IN, OR SHOW THE MOST PROMISE FOR, IMPROVING OUTCOMES FOR BOYS AND YOUNG MEN OF COLOR. (2) ALLOWABLE ACTIVITIES AND STRATEGIES SHALL MEAN PROGRAMS THAT PROMOTE A STUDENT OR SCHOOL'S ABILITY TO: (I) ENTER SCHOOL READY TO LEARN; (II) READ AT GRADE LEVEL BY GRADE THREE; (III) GRADUATE FROM HIGH SCHOOL PREPARED FOR COLLEGE AND/OR CAREER AND/OR COMPLETE POSTSECONDARY EDUCATION OR TRAINING; (IV) ENTER THE WORKFORCE SUCCESSFULLY INTO AT LEAST A MIDDLE SKILLS JOB THAT PAYS A LIVING WAGE; (V) REDUCE VIOLENCE AND PROVIDE SECOND LIFE, EDUCATION AND CAREER OPPORTUNITIES; (VI) RECRUIT AND HELP DEVELOP A MORE DIVERSE WORKFORCE, WITH AN EMPHA- SIS ON BOYS AND YOUNG MEN OF COLOR; (VII) BUILD EQUITABLE SYSTEMS OF SUPPORT AND DATA REPORTING; (VIII) IDENTIFY AND ASSIGN STRONG SUPPORT MENTORS TO STUDENTS; (IX) ESTABLISH COLLABORATIVE SUPPORT SYSTEMS OF MULTIPLE HEALTH, MENTAL HEALTH, AND OTHER HUMAN SERVICES AGENCIES FOCUSED ON DEVELOP- MENTAL APPROACHES TO IMPROVING OUTCOMES; (X) SUPPORT THE DEVELOPMENT OF STUDENTS, FAMILIES, AND COMMUNITIES TO SUCCESSFULLY ENGAGE AND INTERACT THROUGH SUSTAINABLE RELATIONSHIPS TO HELP STUDENTS ACHIEVE SUCCESS WITHIN AND OUTSIDE OF SCHOOL SETTINGS; AND (XI) TO RESOLVE STUDENT MISBEHAVIOR WITHOUT THE USE OF SUSPENSIONS, SUMMONSES OR ARRESTS AND UTILIZE DIVERSION INTERVENTIONS OR OTHER RESTORATIVE JUSTICE PRACTICES. F. FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN STATE FISCAL YEAR, A MINIMUM OF SEVEN MILLION DOLLARS ($7,000,000) SHALL BE AVAILABLE FOR THIS PURPOSE IN EACH FISCAL YEAR. S 61. Statement of legislative findings and necessity for the purposes of sections sixty-one through sixty-three of this act. The legislature hereby finds that for three decades beginning in 1979, following a strike by school bus workers, the school bus contracts of the board of education of the city of New York included employee protection provisions requiring transportation contractors, among other things, to give priority in hiring to employees who became unemployed because of their employers' loss of bus contract work for such board and to pay such employees the same wages and benefits they had received prior to becoming unemployed. Following the 2011 decision by the New York State Court of Appeals in L&M BUS CORP., ET AL., V. THE NEW YORK CITY DEPARTMENT OF EDUCATION, ET AL., the board of education of the city of New York did not include the employee protection provisions that had been part of the board's school bus contracts for over 30 years or any similar provisions in its solic- itations for its school bus contracts. After the issuance of the first such Post-L&M solicitation; there was a school bus strike in January and February of 2013. During this strike, many children were either unable to attend school or were burdened, along with their families, with find- ing alternative modes of transportation in the heart of winter. The legislature further finds that the board of education of the city of New York contracts with 62 companies to provide vital school bus transportation to 149,000 school-age children. Pursuant to the education law, the state reimburses the board of education of the city of New York for a substantial percentage of its school bus contract expenditures. A. 9006--B 41 Accordingly, the legislature finds that the education law should be amended to require the board of education of the city of New York to include important employee protections in its procurements for school bus transportation contracts and to authorize the board of education to amend existing contracts to include these protections. Including these protections in such board's contracts will aid in avoiding service disruptions and pension withdrawal liability claims, while protecting the experienced school bus contract workforce from significant wage and benefit reductions and facilitating the retention of an experienced workforce. Inclusion of such protections will secure more cost-effec- tive, higher quality and efficient procurement and performance of school bus transportation services. S 62. Paragraph a of subdivision 14 of section 305 of the education law, as amended by chapter 273 of the laws of 1999, is amended to read as follows: a. (1) All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his opinion, the best interests of the district will be promoted thereby. Except as provided in paragraph e of this subdivision, all such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transportation, main- tenance, mobile instructional units, or cafeteria and restaurant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circu- lation within the district for such purpose. Such advertisement shall contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons designated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply to an award of a contract for the transportation of pupils or a contract for mobile instructional units, if such award is based on an evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or trienni- al extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured either through competitive bidding or through evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision, when such exten- A. 9006--B 42 sions [(1)] (I) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, and, [(2)] (II) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced there- under and in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, [(i)] (A) to reject any extension of a contract beyond the initial term thereof if he finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U) during the preceding twelve month period; and [(ii)] (B) to reject any extension of a contract after ten years from the date transportation or maintenance service commenced thereunder, or mobile instructional units were first provided, if in his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consumers (CPI-U), during the preceding twelve month period, provided it has been satisfactorily established by the contrac- tor that there has been at least an equivalent increase in the amount of his cost of operation, during the period of the contract. (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS SHALL INCLUDE IN CONTRACTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, WHETHER AWARDED THROUGH COMPETITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS IN RESPONSE TO A REQUEST FOR PROPOSALS PURSUANT TO PARAGRAPH E OF THIS SUBDIVISION, PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREFERENCE IN HIRING, IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES OF THIS SUBPARAGRAPH, "SCHOOL BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO: (I) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFTER BY (A) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (B) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, AND (II) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS A RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT. A. 9006--B 43 S 63. Subdivision 14 of section 305 of the education law is amended by adding a new paragraph g to read as follows: G. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A THROUGH F OF THIS SUBDIVISION AND ANY REGULATION PROMULGATED PURSUANT THERETO, THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS AND A CONTRACTOR PROVIDING TRANSPORTATION SERVICES TO SUCH DISTRICT FOR SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE MAY AMEND A CONTRACT WITH MUTUAL CONSENT FOR SUCH TRANSPORTATION SERVICES, FOR SUCH CONSIDERATION AS APPROVED BY SUCH BOARD OF EDUCATION, TO INCLUDE IN SUCH CONTRACT PROVISIONS FOR THE RETENTION OR PREFERENCE IN HIRING OF SCHOOL BUS WORKERS AND FOR THE PRESERVATION OF WAGES, HEALTH, WELFARE AND RETIREMENT BENEFITS AND SENIORITY FOR SCHOOL BUS WORKERS WHO ARE HIRED PURSUANT TO SUCH PROVISIONS FOR RETENTION OR PREF- ERENCE IN HIRING, IN CONNECTION WITH SUCH CONTRACTS. FOR PURPOSES OF THIS PARAGRAPH, "SCHOOL BUS WORKER" SHALL MEAN AN OPERATOR, MECHANIC, DISPATCHER OR ATTENDANT WHO: (1) WAS EMPLOYED AS OF JUNE THIRTIETH, TWO THOUSAND TEN OR AT ANY TIME THEREAFTER BY (I) A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANS- PORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, OR (II) A SUBCONTRACTOR OF A CONTRACTOR THAT WAS A PARTY TO A CONTRACT WITH THE BOARD OF EDUCATION OF A SCHOOL DISTRICT LOCATED IN A CITY WITH AT LEAST ONE MILLION INHABITANTS FOR THE TRANSPORTATION OF SCHOOL CHILDREN IN KINDERGARTEN THROUGH GRADE TWELVE, IN CONNECTION WITH SUCH CONTRACT, AND (2) HAS BEEN FURLOUGHED OR BECOME UNEMPLOYED AS A RESULT OF A LOSS OF SUCH CONTRACT, OR A PART OF SUCH CONTRACT, BY SUCH CONTRACTOR OR SUCH SUBCONTRACTOR, OR AS THE RESULT OF A REDUCTION IN SERVICE DIRECTED BY SUCH BOARD OF EDUCATION DURING THE TERM OF SUCH CONTRACT. S 64. Paragraphs a and c of subdivision 14 of section 305 of the education law, paragraph a as amended by chapter 273 of the laws of 1999, and paragraph c as amended by chapter 15 of the laws of 2005, are amended to read as follows: a. All contracts for the transportation of school children, all contracts to maintain school buses owned or leased by a school district that are used for the transportation of school children, all contracts for mobile instructional units, and all contracts to provide, maintain and operate cafeteria or restaurant service by a private food service management company shall be subject to the approval of the commissioner, who may disapprove a proposed contract if, in his opinion, the best interests of the district will be promoted thereby. Except as provided in paragraph e of this subdivision, all such contracts involving an annual expenditure in excess of the amount specified for purchase contracts in the bidding requirements of the general municipal law shall be awarded to the lowest responsible bidder, which responsibility shall be determined by the board of education or the trustee of a district, with power hereby vested in the commissioner to reject any or all bids if, in his opinion, the best interests of the district will be promoted thereby and, upon such rejection of all bids, the commissioner shall order the board of education or trustee of the district to seek, obtain and consider new proposals. All proposals for such transportation, main- tenance, mobile instructional units, or cafeteria and restaurant service shall be in such form as the commissioner may prescribe. Advertisement for bids shall be published in a newspaper or newspapers designated by the board of education or trustee of the district having general circu- lation within the district for such purpose. Such advertisement shall A. 9006--B 44 contain a statement of the time when and place where all bids received pursuant to such advertisement will be publicly opened and read either by the school authorities or by a person or persons designated by them. All bids received shall be publicly opened and read at the time and place so specified. At least five days shall elapse between the first publication of such advertisement and the date so specified for the opening and reading of bids. The requirement for competitive bidding shall not apply to an award of a contract for the transportation of pupils or a contract for mobile instructional units, if such award is based on an evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision. The requirement for competitive bidding shall not apply to annual, biennial, or trienni- al extensions of a contract nor shall the requirement for competitive bidding apply to quadrennial or quinquennial year extensions of a contract involving transportation of pupils, maintenance of school buses or mobile instructional units secured either through competitive bidding or through evaluation of proposals in response to a request for proposals pursuant to paragraph e of this subdivision, when such exten- sions (1) are made by the board of education or the trustee of a district, under rules and regulations prescribed by the commissioner, [and,] (2) do not extend the original contract period beyond five years from the date cafeteria and restaurant service commenced thereunder and (3) in the case of contracts for the transportation of pupils, for the maintenance of school buses or for mobile instructional units, that such contracts may be extended, except that power is hereby vested in the commissioner, in addition to his existing statutory authority to approve or disapprove transportation or maintenance contracts, (i) to reject any extension of a contract FOR CAFETERIA AND RESTAURANT SERVICE beyond the initial term thereof if he finds that amount to be paid by the district to the contractor in any year of such proposed extension fails to reflect any decrease in the regional consumer price index for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- ers (CPI-U) during the preceding twelve month period, OR FOR ALL CONTRACTS FOR SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOL CHIL- DREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS, IF THE AMOUNT TO BE PAID BY THE DISTRICT TO THE CONTRACTOR IN ANY YEAR OF SUCH PROPOSED EXTENSION FAILS TO REFLECT ANY PERCENTAGE DECREASE IN THE EMPLOYMENT COST INDEX (ECI) TOTAL COMPENSATION FOR PRIVATE INDUSTRY WORKERS IN THE NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH QUARTER OF THE PRECEDING YEAR; and (ii) to reject any extension of a contract after ten years from the date transportation or maintenance service commenced thereunder, or mobile instructional units were first provided, if in his opinion, the best interests of the district will be promoted thereby. Upon such rejection of any proposed extension, the commissioner may order the board of education or trustee of the district to seek, obtain and consider bids pursuant to the provisions of this section. The board of education or the trustee of a school district electing to extend a contract as provided herein, may, in its discretion, increase the amount to be paid in each year of the contract extension FOR CAFETERIA AND RESTAURANT SERVICE by an amount not to exceed the regional consumer price index increase for the N.Y., N.Y.-Northeastern, N.J. area, based upon the index for all urban consum- ers (CPI-U), during the preceding twelve month period, OR FOR ALL CONTRACTS FOR SCHOOL BUSES USED FOR THE TRANSPORTATION OF SCHOOL CHIL- DREN, MAINTENANCE, AND ALL CONTRACTS FOR MOBILE INSTRUCTIONAL UNITS, BY AN AMOUNT NOT TO EXCEED THE PERCENTAGE INCREASE IN THE EMPLOYMENT COST A. 9006--B 45 INDEX (ECI) TOTAL COMPENSATION FOR PRIVATE INDUSTRY WORKERS IN THE NORTHEAST REGION (NOT SEASONALLY ADJUSTED) FOR THE FOURTH QUARTER OF THE PRECEDING YEAR, provided it has been satisfactorily established by the contractor that there has been at least an equivalent increase in the amount of his cost of operation, during the period of the contract. c. Each board of education, or the trustees, of a school district which elected or elects to extend one or more pupil transportation contracts may extend a contract in an amount which is in excess of the maximum increase allowed by use of the [CPI] ECI referenced in paragraph a of this subdivision. Such excess amount shall not be greater than the sum of the following: (i) the sum of the actual cost of qualifying crim- inal history and driver licensing testing fees attributable to special requirements for drivers of school buses pursuant to articles nineteen and nineteen-A of the vehicle and traffic law plus the actual cost of any diagnostic tests and physical performance tests that are deemed to be necessary by an examining physician or the chief school officer to determine whether an applicant to drive a school bus under the terms of the contract has the physical and mental ability to operate a school transportation conveyance and to satisfactorily perform the other responsibilities of a school bus driver pursuant to regulations of the commissioner; (ii) in a school district located in a city with at least one million inhabitants, the actual cost of clean air technology filters and Global Positioning System (GPS) technology; (iii) in a school district located in a city with at least one million inhabitants, with respects only to any extension beginning in fiscal year two thousand five--two thousand six, the sum of the actual cost of providing school bus attendants including the actual cost of criminal history record checks for school bus attendant applicants and training and instruction for school bus attendants pursuant to section twelve hundred twenty- nine-d of the vehicle and traffic law plus up to five percent of such cost for necessary administrative services; and (iv) the actual cost of equipment or vehicle modification, or training required, by any state or local legislation or regulation promulgated or effective on or after June first, two thousand five. Such costs shall be approved by the commissioner upon documentation provided by the school district and contractor as required by the commissioner. S 65. Notwithstanding any provision of the law to the contrary, for the Lackawanna city school district having a penalty arising from the last filing of a final cost report pursuant to section 31 of part A of chapter 57 of the laws of 2012 in the amount of not more that $839,524, the commissioner of education shall recover such penalty in five equal annual installments beginning in June of 2017. 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 66. The education law is amended by adding a new section 3629 to read as follows: S 3629. ROCHESTER-MONROE ANTI-POVERTY INITIATIVE TRANSPORTATION PILOT PROGRAM. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, PURSUANT TO ADOPTION OF A RESOLUTION BY THE BOARD OF EDUCATION SETTING FORTH A PLAN AND APPROVAL OF SUCH PLAN BY THE COMMISSIONER BY SEPTEMBER FIRST, TWO THOU- SAND SIXTEEN, MAY ENTER INTO A ROCHESTER-MONROE ANTI-POVERTY INITIATIVE TRANSPORTATION PILOT PROGRAM FOR A PERIOD NOT TO EXCEED THREE SCHOOL YEARS BEGINNING WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR TO PROVIDE TRANSPORTATION SERVICES TO CHILDREN RESIDING A. 9006--B 46 WITHIN THE CITY SCHOOL DISTRICT TO AND FROM A SCHOOL THEY LEGALLY ATTEND, PROVIDED THAT SUCH CHILDREN LEGALLY ATTEND ONE OF THE FIVE SCHOOLS AUTHORIZED TO BE INCLUDED IN SUCH PILOT PROGRAM. SUCH TRANSPOR- TATION SHALL BE RESTRICTED TO TRANSPORTATION TO AND FROM CHILDREN'S HOMES OR BEFORE OR AFTER-SCHOOL CHILD CARE LOCATIONS AND TO NOT MORE THAN FIVE ELEMENTARY SCHOOLS THAT SERVE THE NEIGHBORHOODS THAT ARE THE FOCUS OF THE ROCHESTER-MONROE ANTI-POVERTY INITIATIVE; AND CHILDREN RESIDING THE SAME DISTANCES BETWEEN THEIR HOMES AND OTHER SCHOOLS SHALL NOT BE DEEMED TO BE IN LIKE CIRCUMSTANCES FOR PURPOSES OF SECTION THIR- TY-SIX HUNDRED THIRTY-FIVE OF THE EDUCATION LAW. SUCH TRANSPORTATION SHALL BE PROVIDED ONLY FOR CHILDREN ATTENDING GRADES KINDERGARTEN THROUGH EIGHT WHO LIVE MORE THAN ONE-HALF MILE FROM THE SCHOOL THEY LEGALLY ATTEND BUT NOT MORE THAN FIFTEEN MILES, PROVIDED, HOWEVER THAT THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT MAY APPROVE TRANSPOR- TATION FOR CHILDREN WHO LIVE WITHIN ONE-HALF MILE FROM THE SCHOOL THEY LEGALLY ATTEND IF SUCH TRANSPORTATION IS NECESSARY DUE TO SAFETY CONCERNS. 2. FOR THE PURPOSE OF COMPUTING APPROVED TRANSPORTATION EXPENSES FOR TRANSPORTATION AID, TRANSPORTATION PROVIDED PURSUANT TO THIS PILOT PROGRAM SHALL BE INCLUDED. S 67. The city school district of the city of Rochester shall provide a report to the governor, the speaker of the assembly, the temporary president of the senate and the commissioner of education on the results of the first two years of the pilot program including a cost and benefit analysis of increased or decreased costs for the city school district and the state, on or before January 15, 2019. S 68. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 69. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2016, provided, however, that: 1. Sections one, six, seven, eight, twenty-six, twenty-seven, twenty- eight, twenty-nine, thirty-seven, forty-one, forty-two, forty-four and forty-six of this act shall take effect July 1, 2016. 2. The amendments to paragraph b-1 of subdivision 4 of section 3602 of the education law made by section seven of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith. 3. The amendments to chapter 756 of the laws of 1992, amending the education law relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-eight and twenty-nine of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith. 4. Section thirty-three 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. 5. Section forty-seven of this act shall take effect on the first of July next succeeding the date on which it shall have become a law. A. 9006--B 47 PART B Section 1. Section 2801-a of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 380 of the laws of 2001, is amended to read as follows: S 2801-a. School safety plans. 1. The board of education or trustees, as defined in section two of this chapter, of every school district within the state, however created, and every board of cooperative educa- tional services and county vocational education and extension board and the chancellor of the city school district of the city of New York shall adopt and amend a comprehensive district-wide school safety plan and building-level [school safety] EMERGENCY RESPONSE plans regarding crisis intervention, emergency response and management, provided that in the city school district of the city of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level [school safety] EMERGENCY RESPONSE team established pursuant to subdivi- sion four of this section and shall be in a form developed by the commissioner in consultation with the division of criminal justice services, the superintendent of the state police and any other appropri- ate state agencies. [A school district having only one school building, shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan.] 2. Such comprehensive district-wide safety plan shall be developed by the district-wide school safety team and shall include at a minimum: a. policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school; b. policies and procedures for responding to acts of violence by students, teachers, other school personnel as well as visitors to the school, including consideration of zero-tolerance policies for school violence; c. appropriate prevention and intervention strategies such as: (i) collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited; (ii) non-violent conflict resolution training programs; (iii) peer mediation programs and youth courts; [and] (iv) extended day and other school safety programs; AND (V) POLICIES AND STRATEGIES REGARDING THE RATIO OF STUDENT TO SUPPORT STAFF IN EACH SCHOOL BUILDING, INCLUDING BUT NOT LIMITED TO, SCHOOL COUNSELORS, SOCIAL WORKERS AND PSYCHOLOGISTS. d. policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident; e. policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident; f. policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures; g. policies and procedures for the dissemination of informative mate- rials regarding the early detection of potentially violent behaviors, including but not limited to the identification of family, community and environmental factors, to teachers, administrators, school personnel, A. 9006--B 48 persons in parental relation to students of the district, students and other persons deemed appropriate to receive such information; h. policies and procedures for annual school safety training for staff and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION- ER THAT ALL STAFF HAVE UNDERGONE ANNUAL TRAINING ON THE EMERGENCY RESPONSE PLAN BY NOVEMBER FIFTEENTH OF EACH SCHOOL YEAR OR WITHIN THIRTY DAYS OF HIRE, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON VIOLENCE PREVENTION AND MENTAL HEALTH; i. protocols for responding to bomb threats, hostage-takings, intru- sions and kidnappings; j. strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence; [and] k. a description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity; AND 1. THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG- NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT- ING COMMUNICATION BETWEEN SCHOOL STAFF AND LAW ENFORCEMENT AND FIRST RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE- TY PLAN. THE CHIEF EMERGENCY OFFICER SHALL ALSO BE RESPONSIBLE FOR ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY RESPONSE PLANS. 3. A [school] BUILDING LEVEL emergency response plan, developed by the building-level [school safety] EMERGENCY RESPONSE team defined in subdi- vision four of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT NOT LIMITED TO THE FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOL GROUNDS AND ROAD MAPS OF THE IMMEDIATE SURROUNDING AREA, AND SHALL NOT BE DISCLOSED EXCEPT TO AUTHORIZED DEPARTMENT OR SCHOOL STAFF, AND LAW ENFORCEMENT OFFICERS, AND SHALL include the following elements: a. policies and procedures for [the safe evacuation of students, teachers, other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for address- ing medical needs, transportation and emergency notification to persons in parental relation to a student. For purposes of this subdivision, "serious violent incident" means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff, as defined in regulations of the commissioner developed in conjunction with the division of criminal justice services] RESPONSE TO EMERGENCY SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION, SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM, EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI- ANS; b. designation of an emergency response team comprised of school personnel, [local] law enforcement officials, FIRE OFFICIALS and repre- sentatives from local regional and/or state emergency response agencies, other appropriate incident response teams, and a post-incident response team that includes appropriate school personnel, medical personnel, A. 9006--B 49 mental health counselors and others who can assist the school community in coping with the aftermath of a violent incident; c. [procedures for assuring that crisis response and law enforcement officials have access to] floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immedi- ate surrounding area; d. establishment of internal and external communication systems in emergencies; e. definition of the chain of command in a manner consistent with the national interagency incident management system/incident command system; f. coordination of the [school safety] EMERGENCY RESPONSE plan with the state-wide plan for disaster mental health services to assure that the school has access to federal, state and local mental health resources in the event of a violent incident; g. procedures for review and the conduct of drills and other exercises to test components of the emergency response plan; and h. policies and procedures for securing and restricting access to the crime scene in order to preserve evidence in cases of violent crimes on school property. 4. Each district-wide school safety team shall be appointed by the board of education, or the chancellor in the case of the city school district of the city of New York, and shall include but not be limited to representatives of the school board, student, teacher, administrator, and parent organizations, school safety personnel, and other school personnel. Each building-level [school safety] EMERGENCY RESPONSE team shall be appointed by the building principal, in accordance with regu- lations or guidelines prescribed by the board of education, chancellor or other governing body. Such building-level teams shall include but not be limited to representatives of teacher, administrator, and parent organizations, school safety personnel and other school personnel, community members, [local] law enforcement officials, [local ambulance] FIRE OFFICIALS or other emergency response agencies, and any other representatives the board of education, chancellor or other governing body deems appropriate. 5. [Each safety plan shall be reviewed by the appropriate school safe- ty team on at least an annual basis, and updated as needed] THE DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS AND UPDATED AS NEEDED. 6. Each board of education, chancellor or other governing body shall make each district-wide [and building-level school] safety plan avail- able for public comment at least thirty days prior to its adoption[, provided that only a summary of each building-level emergency response plan shall be made available for public comment]. Such district-wide [and building-level] plans may be adopted by the school board only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. Each district shall file a copy of its district-wide [comprehensive] safety plan with the commissioner and all amendments to such plan shall be filed with the commissioner no later than thirty days after their adoption. [A] 7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR OFFICER SHALL ENSURE A copy of each building-level [safety] EMERGENCY RESPONSE plan and any amendments thereto, shall be filed with the appro- priate local law enforcement agency and with the state police within thirty days of its adoption. Building-level emergency response plans A. 9006--B 50 shall be confidential and shall not be subject to disclosure under arti- cle six of the public officers law or any other provision of law. If the board of education, chancellor or other governing body or chancellor fails to file such plan as required by this section, the commissioner may, in an amount determined by the commissioner, withhold public money from the district until the district is in compliance. [7. The commissioner may grant a waiver of the requirements of this section to any school district or board of cooperative educational services for a period of up to two years from the date of enactment upon a finding by the commissioner that such district had adopted a compre- hensive school safety plan on the effective date of this section which is in substantial compliance with the requirements of this section.] 8. The commissioner shall annually report to the governor and the legislature on the implementation and compliance with the provisions of this section. 9. Whenever it shall have been demonstrated to the satisfaction of the commissioner that a school district has failed to adopt a code of conduct which fully satisfies the requirements of section twenty-eight hundred one of this article, or a [school safety plan] DISTRICT-WIDE SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies the requirements of this section, or to faithfully and completely imple- ment [either or both] ALL THREE, the commissioner may, on thirty days notice to the district, withhold from the district monies to be paid to such district for the current school year pursuant to section thirty-six hundred nine-a of this chapter, exclusive of monies to be paid in respect of obligations to the retirement systems for school and district staff and pursuant to collective bargaining agreements, or the commis- sioner may direct the district to expend up to such amount upon the development and implementation of a code of conduct and a school district safety plan as required by such sections. Prior to such with- holding or redirection, the commissioner shall provide the district an opportunity to present evidence of extenuating circumstances; when combined with evidence that the district shall promptly comply within short time frames that shall be established by the commissioner as part of an agreement between the district and the commissioner, the commis- sioner may temporarily stay the withholding or redirection of funds pending implementation of such agreement. If the district promptly and fully complies with the agreement and is in full compliance with this section and section twenty-eight hundred one of this article, the commissioner shall abate the withholding in its entirety. Any failure to meet the obligations of the compliance agreement by the district within the time frames established shall be considered a willful violation of a commissioner's order by the members of the district board for purposes of subdivision one of section three hundred six of the education law. Notwithstanding any other law, rule or regulation, such transfer shall take effect upon filing of a notice thereof with the director of the budget and the chairs of the senate finance and assembly ways and means committees. S 2. The section heading and subdivisions 1 and 1-a of section 807 of the education law, the section heading as amended by chapter 765 of the laws of 1964, subdivision 1 as amended by chapter 143 of the laws of 1985 and subdivision 1-a as added by chapter 9 of the laws of 1991, are amended to read as follows: Fire AND EMERGENCY drills. 1. It shall be the duty of the principal or other person in charge of every public or private school or educa- tional institution within the state, other than colleges or universi- A. 9006--B 51 ties, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to [leave the school building] RESPOND APPROPRIATELY in the shortest possible time and without confusion or panic. Such drills [or rapid dismissals] shall be held at least twelve times in each school year, eight of which required drills shall be held between September first and December [first] THIRTY-FIRST of each such year. [At least one-third of all such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. In the course of at least one such drill, pupils shall be instructed in the procedure to be followed in the event that a fire occurs during lunch period, provided however, that such additional instruction may be waived where a drill is held during the regular school lunch period. At least four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS. FOUR OF ALL SUCH REQUIRED DRILLS SHALL BE LOCK-DOWN DRILLS. DRILLS SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY WITH AT LEAST ONE OF THE EIGHT REQUIRED EVACUATION DRILLS OCCURRING DURING A MASS GATHERING EVENT SUCH AS LUNCH OR ASSEMBLIES. FOUR additional drills shall be held in each school year during the hours after sunset and before sunrise in school buildings in which students are provided with sleeping accommodations. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one of such drills shall be held during the first week of summer school. 1-a. In the case of after-school programs, events or performances which are conducted within a school building and which include persons who do not regularly attend classes in such school building, the princi- pal or other person in charge of the building shall require the teacher or person in charge of such after-school program, event or performance to notify persons in attendance at the beginning of each such program, event or performance, of the procedures to be followed in the event of an emergency so that they may be able to [leave the building] RESPOND in a timely, orderly manner. S 3. Subdivision 7 of section 3604 of the education law, as amended by section 31 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 7. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public schools were actually in session in the district and taught by a quali- fied teacher or by successive qualified teachers or by qualified teach- ers for not less than one hundred eighty days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this chapter in the current year shall be reduced by one one-hundred eight- ieth of the district's total foundation aid for each day less than one hundred eighty days that the schools of the district were actually in session, except that the commissioner may disregard such reduction, up to five days, in the apportionment of public money, if he finds that the schools of the district were not in session for one hundred eighty days because of extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemi- cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER- MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school building either in whole or in part, and if, further, the commissioner finds that such district cannot make up such days of instruction by using for the A. 9006--B 52 secondary grades all scheduled vacation days which occur prior to the first scheduled regents examination day in June, and for the elementary grades all scheduled vacation days which occur prior to the last sched- uled regents examination day in June. For the purposes of this subdivi- sion, "scheduled vacation days" shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session. S 4. This act shall take effect July 1, 2016. PART C Intentionally Omitted PART D Section 1. Clause (i) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 260 of the laws of 2011, is amended to read as follows: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corre- sponding semester, quarter or term. S 2. Clause (ii) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by section 1 of part P of chapter 57 of the laws of 2012, is amended to read as follows: (ii) On or before November thirtieth, two thousand eleven, the trus- tees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen-two thousand sixteen academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand fifteen, and provided further COMMENC- ING IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a five year period [commencing with the semester following the semester in which the governor and the chancellor of the state universi- A. 9006--B 53 ty of New York approve the NY-SUNY 2020 proposal for such university center]. S 3. Clause (iv) of subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law is renumbered clause (v) and a new clause (iv) is added to read as follows: (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT INCLUDING FRINGE BENEFITS, FOR THE STATE UNIVER- SITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAIL- ABLE TO THE STATE UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO- PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT FOR THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPROPRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPRO- PRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLATIONARY EXPENSES INCURRED BY THE STATE UNIVERSITY AND THE STATE UNIVERSITY HEALTH SCIENCE CENTERS. IF THE GOVERNOR, HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES AT THE STATE UNIVERSITY AND CITY UNIVER- SITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. S 4. Subparagraph (i) of paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011, is amended to read as follows: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that FOR THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. S 5. Paragraph (a) of subdivision 7 of section 6206 of the education law is amended by adding a new subparagraph (iv) to read as follows: (IV) THE STATE SHALL APPROPRIATE ANNUALLY AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSES, INCLUDING FRINGE BENEFITS, FOR THE CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNT APPROPRIATED AND MADE AVAILABLE TO THE CITY UNIVERSITY IN STATE FISCAL YEAR TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN AND THEREAFTER, THE STATE SHALL APPRO- PRIATE AND MAKE AVAILABLE STATE SUPPORT FOR OPERATING EXPENSE FOR THE A. 9006--B 54 CITY UNIVERSITY IN AN AMOUNT NOT LESS THAN THE AMOUNTS SEPARATELY APPRO- PRIATED AND MADE AVAILABLE IN THE PRIOR STATE FISCAL YEAR; PROVIDED, FURTHER, THE STATE SHALL APPROPRIATE AND MAKE AVAILABLE GENERAL FUND OPERATING SUPPORT TO COVER ALL MANDATORY COSTS OF THE CITY UNIVERSITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, COLLECTIVE BARGAINING COSTS, INCLUDING SALARY INCREMENTS, FRINGE BENEFITS, AND OTHER NON-PERSONAL SERVICE COSTS SUCH AS UTILITY COSTS, BUILDING RENTALS AND OTHER INFLA- TIONARY EXPENSES INCURRED BY THE CITY UNIVERSITY. IF THE GOVERNOR, HOWEVER, DECLARES A FISCAL EMERGENCY, AND COMMUNICATES SUCH EMERGENCY TO THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY, STATE SUPPORT FOR OPERATING EXPENSES OF THE STATE UNIVERSITY AND CITY UNIVERSITY MAY BE REDUCED IN A MANNER PROPORTIONATE TO ONE ANOTHER, AND THE AFOREMENTIONED PROVISIONS SHALL NOT APPLY. S 6. Section 22-c of the state finance law is amended by adding a new subdivision 7 to read as follows: 7. FOR THE FISCAL YEAR BEGINNING ON APRIL FIRST, TWO THOUSAND SEVEN- TEEN AND EVERY FIFTH FISCAL YEAR THEREAFTER, THE GOVERNOR SHALL SUBMIT TO THE LEGISLATURE AS PART OF THE ANNUAL EXECUTIVE BUDGET, FIVE-YEAR CAPITAL PLANS FOR THE STATE UNIVERSITY OF NEW YORK STATE-OPERATED CAMPUSES AND CITY UNIVERSITY OF NEW YORK SENIOR COLLEGES. SUCH PLANS SHALL PROVIDE FOR THE ANNUAL APPROPRIATION OF CAPITAL FUNDS TO COVER ONE HUNDRED PERCENT OF THE ANNUAL CRITICAL MAINTENANCE NEEDS IDENTIFIED BY EACH UNIVERSITY SYSTEM, AND MAY INCLUDE FUNDS FOR NEW INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES; PROVIDED THAT SUCH FUNDING FOR NEW INFRASTRUCTURE OR OTHER MAJOR CAPITAL INITIATIVES SHALL NOT COUNT TOWARDS MEETING THE OVERALL CRITICAL MAINTENANCE REQUIREMENT. IN THE EVENT THAT SUCH PLAN IS UNABLE TO FUND ONE HUNDRED PERCENT OF THE CRIT- ICAL MAINTENANCE NEEDS DUE TO THE LIMITATION IMPOSED BY ARTICLE FIVE-B OF THIS CHAPTER, THE DIRECTOR OF THE BUDGET SHALL DEVELOP FIVE-YEAR CAPITAL PLANS WHEREBY THE IMPLEMENTATION OF EACH CAPITAL PLAN WOULD ANNUALLY REDUCE THE OVERALL FACILITY CONDITION INDEX (FCI) FOR EACH UNIVERSITY SYSTEM. FOR THE PURPOSES OF THIS SUBDIVISION, "FACILITY CONDITION INDEX" SHALL MEAN AN INDUSTRY BENCHMARK THAT MEASURES THE RATIO OF DEFERRED MAINTENANCE DOLLARS TO REPLACEMENT DOLLARS FOR THE PURPOSES OF ANALYZING THE EFFECT OF INVESTING IN FACILITY IMPROVEMENTS. THE APPORTIONMENT OF CAPITAL APPROPRIATIONS TO EACH STATE-OPERATED CAMPUS OR SENIOR COLLEGE SHALL BE BASED ON A METHODOLOGY TO BE DEVELOPED BY THE DIRECTOR OF THE BUDGET, IN CONSULTATION WITH THE STATE UNIVERSITY OF NEW YORK AND CITY UNIVERSITY OF NEW YORK. S 7. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act, relating to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 65-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 16. This act shall take effect July 1, 2011; provided that sections one, two, [three, four, five,] six, eight, nine, ten, eleven, twelve, thirteen, fourteen and fifteen of this act shall expire 5 years after such effective date when upon such date the provisions of this act shall be deemed repealed. S 8. This act shall take effect immediately. PART E Section 1. The state finance law is amended by adding a new section 99-y to read as follows: A. 9006--B 55 S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA- RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION. 2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP- TON HOSPITAL, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, AND (II) RENT PAYMENTS MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENER- AL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER. 3. MONIES OF THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON. S 2. This act shall take effect immediately. PART F Section 1. This act shall be known and may be cited as the "New York state DREAM Act". S 2. The education law is amended by adding a new section 609 to read as follows: S 609. NEW YORK DREAM FUND COMMISSION. 1. (A) THERE SHALL BE CREATED A NEW YORK DREAM FUND COMMISSION WHICH SHALL BE COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS. (B) THE NEW YORK DREAM FUND COMMISSION SHALL BE COMPOSED OF TWELVE MEMBERS TO BE APPOINTED AS FOLLOWS: (I) FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; (II) THREE MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (III) THREE MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; (V) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM- BLY; (C) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL REFLECT THE RACIAL, ETHNIC, GENDER, LANGUAGE, AND GEOGRAPHIC DIVERSITY OF THE STATE. (D) TO THE EXTENT PRACTICABLE, MEMBERS OF SUCH COMMISSION SHALL INCLUDE COLLEGE AND UNIVERSITY ADMINISTRATORS AND FACULTY, AND OTHER INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTUNITIES OF THE CHILDREN OF IMMIGRANTS. (E) MEMBERS OF THE NEW YORK DREAM FUND COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES. 2. (A) THE NEW YORK DREAM FUND COMMISSION SHALL HAVE THE POWER TO: (I) ADMINISTER THE PROVISIONS OF THIS SECTION; (II) CREATE AND RAISE FUNDS FOR THE NEW YORK DREAM FUND; (III) ESTABLISH A NOT-FOR-PROFIT ENTITY CHARGED WITH THE RESPONSIBIL- ITY OF RAISING FUNDS FOR THE ADMINISTRATION OF THIS SECTION AND ANY EDUCATIONAL OR TRAINING PROGRAMS SUCH COMMISSION IS TASKED WITH ADMINIS- TRATING AND FUNDING SCHOLARSHIPS TO STUDENTS WHO ARE CHILDREN OF IMMI- GRANTS TO THE UNITED STATES; (IV) PUBLICIZE THE AVAILABILITY OF SUCH SCHOLARSHIPS FROM THE NEW YORK DREAM FUND; A. 9006--B 56 (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 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) A. 9006--B 57 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 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 A. 9006--B 58 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 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 A. 9006--B 59 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 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 A. 9006--B 60 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: (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 A. 9006--B 61 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 SIXTEEN 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 SIXTEEN 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, 2017; (b) sections fifteen and sixteen of this act shall take effect on the ninetieth day after it shall have become a law; provided, however, that any rule or regulation necessary for the timely implementation of this act on its effective date shall be promulgated on or before such effec- tive date; and A. 9006--B 62 (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 G Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, as amended by section 1 of part M of chapter 58 of the laws of 2011, is amended to read as follows: (a) [section two of this act shall expire and be deemed repealed June 30, 2016; and provided, further that] the amendment to paragraph b of subdivision 1 of section 679-c and the amendment to paragraph 2 of subdivision a of section 679-d of the education law made by sections three and four of this act shall not affect the repeal of such sections and shall be deemed repealed therewith; S 2. Section 3 of part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, as amended by section 1 of part L of chapter 58 of the laws of 2011, is amended to read as follows: S 3. This act shall take effect on the same date and in the same manner as Part H of this chapter[; provided that section two of this act shall take effect on the same date and in the same manner as Part I of this chapter; and provided further that this act shall expire and be deemed repealed on June 30, 2016]. S 3. Section 17 of chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions, as amended by section 1 of part K of chapter 58 of the laws of 2011, is amended to read as follows: S 17. This act shall take effect immediately; provided, however, that the scholarship and loan forgiveness programs established pursuant to the provisions of this act shall terminate upon the granting of such awards for the 2008-2009 school year provided, however, that the regents physician loan forgiveness program established pursuant to this act shall [not terminate until the granting of such awards] CONTINUE for the 2015-16 school year[, provided that the final disbursement of any multi-year awards granted in such school year shall be paid] AND THERE- AFTER. S 4. Paragraph a of subdivision 5 of section 679-c of the education law, as amended by section 1 of part E3 of chapter 57 of the laws of 2007, is amended to read as follows: A. 9006--B 63 a. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (1) three years after the completion of the degree program it is found that an applicant did not begin to provide nursing faculty or clinical nurse faculty services; (2) if such applicant does not provide nursing faculty or clinical nurs- ing faculty services for four years within seven years of the completion of the master's degree program in nursing or doctoral degree; or (3) the student fails to receive a master's degree in nursing or doctoral degree that will qualify them as nursing faculty or adjunct clinical faculty within the three years of receiving the award. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU- LATIONS 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 5. Subdivision 5 of section 669-d of the education law, as amended by section 1 of part H1 of section 109 of the laws of 2006, is amended to read as follows: 5. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (a) two years after the completion of the degree program and receipt of initial certification it is found that a recipient is not teaching in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York; or (b) a recipient has not taught in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York for five of the seven years after the completion of the degree program and receipt of initial certification; or (c) a recipient fails to complete their degree program or changes majors to an undergraduate degree program other than in science or math; or (d) a recipient fails to receive or maintain their teaching certif- icate 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 UNDERGRADUATE OR 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 6. This act shall take effect immediately; provided that the amend- ments to paragraph a of subdivision 5 of section 679-c of the education law made by section four of this act shall not affect the repeal of such section and shall be deemed repealed therewith. PART H Intentionally Omitted A. 9006--B 64 PART I Section 1. Section 34 of chapter 91 of the laws of 2002, amending the education law and other laws relating to reorganization of the New York city school construction authority, board of education and community boards, as amended by section 1 of subpart D of part B of chapter 20 of the laws of 2015, 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, [2016] 2023 provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, [2016] 2023 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 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 2. Subdivision 12 of section 17 of chapter 345 of the laws of 2009, amending the education law and other laws relating to the New York city board of education, chancellor, community councils, and community super- intendents, as amended by section 2 of subpart D of part B of chapter 20 of the laws of 2015, 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, [2016] 2023. S 3. This act shall take effect immediately. PART J Section 1. Subdivision 1 of section 813 of the labor law, as amended by chapter 55 of the laws of 1992, is amended to read as follows: 1. The governor shall appoint a state apprenticeship and training council, composed of three representatives from employer organizations [and], three REPRESENTATIVES from employee organizations and [one repre- sentative] TWO REPRESENTATIVES of the general public[, who shall be the chairman]. THE REPRESENTATIVES OF THE GENERAL PUBLIC MAY INCLUDE BUT A. 9006--B 65 NOT BE LIMITED TO REPRESENTATIVES OF PUBLIC COLLEGES, COMMUNITY COLLEGES OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT HAVE EXPERIENCE PROVIDING RELATED INSTRUCTION FOR APPRENTICESHIP PROGRAMS. THE GOVERNOR SHALL DESIGNATE ONE OF THE PUBLIC MEMBERS AS THE CHAIR. The council by majority vote may designate one of its members, other than the [chair- man] CHAIR, as [vice-chairman] VICE-CHAIR to act in the absence or inability of the [chairman] CHAIR. Each member shall be appointed for a term of three years. Each member shall hold office until his or her successor is appointed and has qualified, and any vacancy shall be filled by appointment for the unexpired portion of the term. The present members of the council shall continue to hold office until the expira- tion of their present terms or their earlier terminations by resignation or inability to act. The commissioner of education, the commissioner of labor and the commissioner of economic development shall [ex officio be] BE EX OFFICIO members of such council without vote. The members of the council shall not receive a salary or other compensation, but shall be reimbursed for transportation and other expenses actually and necessar- ily incurred in the performance of their duties under this article. S 2. This act shall take effect immediately. PART K 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. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is amended to read as follows: 1. Statutory. (A) 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, 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. (B) EMPLOYERS IN ALL AREAS OF THE STATE NOT COVERED BY PARAGRAPH (C) OF THIS SUBDIVISION SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED A WAGE OF NOT LESS THAN: $9.75 ON AND AFTER JULY 1, 2016, A. 9006--B 66 $10.75 ON AND AFTER DECEMBER 31, 2016, $11.75 ON AND AFTER DECEMBER 31, 2017, $12.75 ON AND AFTER DECEMBER 31, 2018, $13.75 ON AND AFTER DECEMBER 31, 2019, $14.50 ON AND AFTER DECEMBER 31, 2020, AND $15.00, AND ON AND AFTER DECEMBER 31, 2021 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. (C) EMPLOYERS 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, SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED A WAGE OF NOT LESS THAN: $10.50 ON AND AFTER JULY 1, 2016, $12.00 ON AND AFTER DECEMBER 31, 2016, $13.50 ON AND AFTER DECEMBER 31, 2017, AND $15.00 ON AND AFTER DECEMBER 31, 2018 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. (D) THE RATES AND SCHEDULE ESTABLISHED IN SUBDIVISION (C) OF THIS SECTION SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE FOR PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISIONS ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER. S 4. Subdivision 1 of section 92 of part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund medicaid expenditures, as amended by section 8 of part B of chapter 57 of the laws of 2015, is amended to read as follows: 1. For state fiscal years 2011-12 through 2016-17, the director of the budget, in consultation with the commissioner of health referenced as "commissioner" for purposes of this section, shall assess on a monthly basis, as reflected in monthly reports pursuant to subdivision five of this section known and projected department of health state funds medi- caid expenditures by category of service and by geographic regions, as defined by the commissioner, and if the director of the budget deter- mines that such expenditures are expected to cause medicaid disburse- ments for such period to exceed the projected department of health medi- caid state funds disbursements in the enacted budget financial plan pursuant to subdivision 3 of section 23 of the state finance law, the A. 9006--B 67 commissioner of health, in consultation with the director of the budget, shall develop a medicaid savings allocation plan to limit such spending to the aggregate limit level specified in the enacted budget financial plan, provided, however, such projections may be adjusted by the direc- tor of the budget to account for any changes in the New York state federal medical assistance percentage amount established pursuant to the federal social security act, changes in provider revenues, reductions to local social services district medical assistance administration, and beginning April 1, 2012 the operational costs of the New York state medical indemnity fund and state costs or savings from the basic health plan. Such projections may be adjusted by the director of the budget to account for increased or expedited department of health state funds medicaid expenditures as a result of a natural or other type of disas- ter, including a governmental declaration of emergency. FOR PURPOSES OF THIS SECTION, FOR PERIODS ON AND AFTER JULY 1, 2016, MEDICAID DISBURSE- MENTS SHALL NOT INCLUDE ANY ADDITIONAL EXPENDITURES RELATED TO INCREASES IN THE MINIMUM WAGE ESTABLISHED PURSUANT TO SECTION 652 OF THE LABOR LAW. S 5. Section 3614-c of the public health law, as added by section 33 of part H of chapter 59 of the laws of 2011, is amended to read as follows: S 3614-c. Home care worker wage parity. 1. As used in this section, the following terms shall have the following meaning: (a) "Living wage law" means any law enacted by Nassau, Suffolk or Westchester county or a city with a population of one million or more which establishes a minimum wage for some or all employees who perform work on contracts with such county or city. (b) "Total compensation" means all wages and other direct compensation paid to or provided on behalf of the employee including, but not limited to, wages, health, education or pension benefits, supplements in lieu of benefits and compensated time off, except that it does not include employer taxes or employer portion of payments for statutory benefits, including but not limited to FICA, disability insurance, unemployment insurance and workers' compensation. (c) "Prevailing rate of total compensation" means the average hourly amount of total compensation paid to all home care aides covered by whatever collectively bargained agreement covers the greatest number of home care aides in a city with a population of one million or more. For purposes of this definition, any set of collectively bargained agree- ments in such city with substantially the same terms and conditions relating to total compensation shall be considered as a single collec- tively bargained agreement. (d) "Home care aide" means a home health aide, personal care aide, home attendant or other licensed or unlicensed person whose primary responsibility includes the provision of in-home assistance with activ- ities of daily living, instrumental activities of daily living or health-related tasks; provided, however, that home care aide does not include any individual (i) working on a casual basis, or (ii) who is a relative through blood, marriage or adoption of: (1) the employer; or (2) the person for whom the worker is delivering services, under a program funded or administered by federal, state or local government. (e) "Managed care plan" means any managed care program, organization or demonstration covering personal care or home health aide services, and which receives premiums funded, in whole or in part, by the New York state medical assistance program, including but not limited to all Medi- caid managed care, Medicaid managed long term care, Medicaid advantage, A. 9006--B 68 and Medicaid advantage plus plans and all programs of all-inclusive care for the elderly. (f) "Episode of care" means any service unit reimbursed, in whole or in part, by the New York state medical assistance program, whether through direct reimbursement or covered by a premium payment, and which covers, in whole or in part, any service provided by a home care aide, including but not limited to all service units defined as visits, hours, days, months or episodes. (G) "CASH PORTION OF THE MINIMUM RATE OF HOME CARE AID TOTAL COMPEN- SATION" MEANS THE MINIMUM AMOUNT OF HOME CARE AIDE TOTAL COMPENSATION THAT MAY BE PAID IN CASH WAGES, AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF LABOR. (H) "BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION" MEANS THE PORTION OF HOME CARE AIDE TOTAL COMPENSATION THAT MAY BE PAID IN CASH OR HEALTH, EDUCATION OR PENSION BENEFITS, WAGE DIFFERENTIALS, SUPPLEMENTS IN LIEU OF BENEFITS AND COMPENSATED TIME OFF, AS DETERMINED BY THE DEPARTMENT IN CONSULTATION WITH THE DEPARTMENT OF LABOR. CASH WAGES PAID PURSUANT TO INCREASES IN THE STATE OR FEDERAL MINIMUM WAGE CANNOT BE USED TO SATISFY THE BENEFIT PORTION OF THE MINI- MUM RATE OF HOME CARE AIDE TOTAL COMPENSATION. 2. Notwithstanding any inconsistent provision of law, rule or regu- lation, no payments by government agencies shall be made to certified home health agencies, long term home health care programs or managed care plans for any episode of care furnished, in whole or in part, by any home care aide who is compensated at amounts less than the applica- ble minimum rate of home care aide total compensation established pursu- ant to this section. 3. (a) The minimum rate of home care aide total compensation in a city with a population of one million or more shall be: (i) for the period March first, two thousand twelve through February twenty-eighth, two thousand thirteen, ninety percent of the total compensation mandated by the living wage law of such city; (ii) for the period March first, two thousand thirteen through Febru- ary twenty-eighth, two thousand fourteen, ninety-five percent of the total compensation mandated by the living wage law of such city; (iii) for [all periods on and after] THE PERIOD March first, two thou- sand fourteen THROUGH MARCH THIRTY-FIRST TWO THOUSAND SIXTEEN, no less than the prevailing rate of total compensation as of January first, two thousand eleven, or the total compensation mandated by the living wage law of such city, whichever is greater; (IV) FOR ALL PERIODS ON OR AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE CASH PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPEN- SATION SHALL BE TEN DOLLARS OR THE MINIMUM WAGE AS LAID OUT IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, WHICHEVER IS HIGHER. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION SHALL BE FOUR DOLLARS AND NINE CENTS. (b) The minimum rate of home care aide total compensation in the coun- ties of Nassau, Suffolk and Westchester shall be: (i) for the period March first, two thousand thirteen through February twenty-eighth, two thousand fourteen, ninety percent of the total compensation mandated by the living wage law as set on March first, two thousand thirteen of a city with a population of a million or more; (ii) for the period March first, two thousand fourteen through Febru- ary twenty-eighth, two thousand fifteen, ninety-five percent of the total compensation mandated by the living wage law as set on March A. 9006--B 69 first, two thousand fourteen of a city with a population of a million or more; (iii) for the period March first, two thousand fifteen, through Febru- ary twenty-eighth, two thousand sixteen, one hundred percent of the total compensation mandated by the living wage law as set on March first, two thousand fifteen of a city with a population of a million or more; (iv) for all periods on or after March first, two thousand sixteen, [the lesser of (i) one hundred and fifteen percent of the total compen- sation mandated by the living wage law as set on March first of each succeeding year of a city with a population of one million or more or; (ii) the total compensation mandated by the living wage law of Nassau, Suffolk or Westchester county, based on the location of the episode of care] THE CASH PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION SHALL BE TEN DOLLARS OR THE MINIMUM WAGE AS LAID OUT IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION SIX HUNDRED FIFTY-TWO OF THE LABOR LAW, WHICHEVER IS HIGHER. THE BENEFIT PORTION OF THE MINIMUM RATE OF HOME CARE AIDE TOTAL COMPENSATION SHALL BE THREE DOLLARS AND TWENTY- TWO CENTS. 4. [Any portion of the minimum rate of home care aide total compen- sation attributable to health benefit costs or payments in lieu of health benefits, and paid time off, as established pursuant to subdivi- sion three of this section shall be superseded by the terms of any employer bona fide collective bargaining agreement in effect as of Janu- ary first, two thousand eleven, or a successor to such agreement, which provides for home care aides' health benefits through payments to joint- ly administered labor-management funds. 5.] The terms of this section shall apply equally to services provided by home care aides who work on episodes of care as direct employees of certified home health agencies, long term home health care programs, or managed care plans, or as employees of licensed home care services agen- cies, limited licensed home care services agencies, or under any other arrangement. [6.] 5. No payments by government agencies shall be made to certified home health agencies, long term home health care programs, or managed care plans for any episode of care without the certified home health agency, long term home health care program, or managed care plan having delivered prior written certification to the commissioner, on forms prepared by the department in consultation with the department of labor, that all services provided under each episode of care are in full compliance with the terms of this section and any regulations promulgat- ed pursuant to this section. [7.] 6. If a certified home health agency or long term home health care program elects to provide home care aide services through contracts with licensed home care services agencies or through other third parties, provided that the episode of care on which the home care aide works is covered under the terms of this section, the certified home health agency, long term home health care program, or managed care plan must obtain a written certification from the licensed home care services agency or other third party, on forms prepared by the department in consultation with the department of labor, which attests to the licensed home care services agency's or other third party's compliance with the terms of this section. Such certifications shall also obligate the certified home health agency, long term home health care program, or managed care plan to obtain, on no less than a quarterly basis, all information from the licensed home care services agency or other third A. 9006--B 70 parties necessary to verify compliance with the terms of this section. Such certifications and the information exchanged pursuant to them shall be retained by all certified home health agencies, long term home health care programs, or managed care plans, and all licensed home care services agencies, or other third parties for a period of no less than ten years, and made available to the department upon request. [8.] 7. The commissioner shall distribute to all certified home health agencies, long term home health care programs, and managed care plans official notice of the minimum rates of home care aide compensation at least one hundred twenty days prior to the effective date of each mini- mum rate for each social services district covered by the terms of this section. [9.] 8. The commissioner is authorized to promulgate regulations, and may promulgate emergency regulations, to implement the provisions of this section. [10.] 9. Nothing in this section should be construed as applicable to any service provided by certified home health agencies, long term home health care programs, or managed care plans except for all episodes of care reimbursed in whole or in part by the New York Medicaid program. [11.] 10. No certified home health agency, managed care plan or long term home health care program shall be liable for recoupment of payments for services provided through a licensed home care services agency or other third party with which the certified home health agency, long term home health care program, or managed care plan has a contract because the licensed agency or other third party failed to comply with the provisions of this section if the certified home health agency, long term home health care program, or managed care plan has reasonably and in good faith collected certifications and all information required pursuant to subdivisions [six and seven] FIVE AND SIX of this section. S 6. Notwithstanding any inconsistent provision or policy to the contrary, any increase attributable to the increase in the minimum wage established pursuant to section 652 of the labor law, shall be excluded from the calculation of any policy of the state spending limitations in the enacted budget financial plan pursuant to subdivision 3 of section 23 of the state finance law. Notwithstanding any inconsistent provision of law, any program or service including not-for-profits funded by New York state through the department of the office of mental health, office for people with devel- opmental disabilities, office of alcoholism and substance abuse services, department of health, office of children and family services, office of temporary and disabilities assistance, the state office for the aging and the department of labor shall be adjusted to reflect the increase in labor costs related to the minimum wage pursuant to section 652 of the labor law. S 7. Severability clause. If an amendment made by section four or section five of this act or their application to any person, legal enti- ty, or circumstance is held invalid by a court of competent jurisdic- tion, the remainder of this act or the application of such amendment to other persons, legal entities or circumstances shall not be effected. S 8. This act shall take effect immediately. PART L Section 1. Subdivision (a) of section 25-a of the labor law, as amended by section 1 of part AA of chapter 56 of the laws of 2015, is amended to read as follows: A. 9006--B 71 (a) The commissioner is authorized to establish and administer the program established under this section to provide tax incentives to employers for employing at risk youth in part-time and full-time posi- tions. There will be five distinct pools of tax incentives. Program one will cover tax incentives allocated for two thousand twelve and two thousand thirteen. Program two will cover tax incentives allocated in two thousand fourteen. Program three will cover tax incentives allocated in two thousand fifteen. Program four will cover tax incentives allo- cated in two thousand sixteen. Program five will cover tax incentives allocated in two thousand seventeen. The commissioner is authorized to allocate up to twenty-five million dollars of tax credits under program one, ten million dollars of tax credits under program two, [and] twenty million dollars of tax credits under [each of programs] PROGRAM three, AND FIFTY MILLION DOLLARS OF TAX CREDITS UNDER EACH OF PROGRAMS four[,] and five. S 2. Subdivision (b) of section 25-a of the labor law is amended by adding a new paragraph 3 to read as follows: (3) FOR PROGRAMS FOUR AND FIVE, THE TAX CREDIT UNDER EACH PROGRAM SHALL BE ALLOCATED AS FOLLOWS: (I) FORTY MILLION DOLLARS OF TAX CREDIT FOR QUALIFIED EMPLOYEES; AND (II) TEN MILLION DOLLARS OF TAX CREDIT FOR INDIVIDUALS WHO MEET ALL OF THE REQUIREMENTS FOR A QUALIFIED EMPLOYEE EXCEPT FOR THE RESIDENCY REQUIREMENT OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION, WHICH INDIVIDUALS SHALL BE DEEMED TO MEET THE RESIDENCY REQUIREMENTS OF SUBPARAGRAPH (II) OF PARAGRAPH TWO OF THIS SUBDIVISION IF THEY RESIDE IN NEW YORK STATE. S 3. This act shall take effect immediately. PART M Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi- sion (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: (G) where a child has or will before the next permanency hearing reach the age of fourteen, (I) the services and assistance necessary to assist the child in learning independent living skills TO ASSIST THE CHILD TO MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD; AND (II) A. THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR THE CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and S 2. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as amended by section 17 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (b) in the case of a respondent who has attained the age of fourteen, (I) the services needed, if any, to assist the respondent to make the transition from foster care to [independent living] SUCCESSFUL ADULT- A. 9006--B 72 HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL- TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP TO TWO MEMBERS OF THE RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT, AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG- NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 3. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 22 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (ii) in the case of a child who has attained the age of fourteen, (A) the services needed, if any, to assist the child to make the transition from foster care to [independent living] SUCCESSFUL ADULTHOOD; AND (B)(1) THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD, AND ANY REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 4. Subdivisions 1 and 2 of section 458-c 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. A social services official shall make payments for non-recurring guardianship expenses incurred by or on behalf of the relatives OR SUCCESSOR GUARDIANS who have been approved by the social services offi- cial to receive kinship guardianship assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS. The agreement for the payment of non-recurring guardianship expenses must be reflected in the written agreement set forth in subdivision four of section four hundred fifty-eight-b of this title. In accordance with subdivision two of this section, the payments shall be made by the social services official either to the relative OR SUCCESSOR guardian or guardians directly or to an attorney on behalf of the relative OR SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship. 2. The amount of the payment made pursuant to this section shall not exceed two thousand dollars for each foster child for whom the relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS, seek guardianship or permanent guardianship and shall be available only for those expenses that are determined to be eligible for reimbursement A. 9006--B 73 by the social services official in accordance with the regulations of the office of children and family services. S 5. The social services law is amended by adding a new section 383-a to read as follows: S 383-A. IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD. IT IS THE INTENT OF THE LEGISLATURE TO ENSURE THAT CHILDREN IN FOSTER CARE ARE PROVIDED WITH A SAFE AND NURTURING ENVIRONMENT THAT, AMONG OTHER THINGS, ALLOWS THEM TO ENGAGE IN DEVELOP- MENTALLY APPROPRIATE ACTIVITIES WITH THEIR PEERS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO PROVIDE TRAINING, GUIDANCE, AND APPROPRIATE LIABILITY PROTECTIONS TO ENABLE CAREGIVERS TO MAKE REASONABLE DECISIONS WITH REGARD TO SUCH ACTIVITIES. 1. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CAREGIVER" SHALL MEAN THE FOLLOWING INDIVIDUALS OR ENTITIES WHO HAVE BEEN TRAINED ON HOW TO USE AND APPLY THE REASONABLE AND PRUDENT PARENT STANDARD: (I) A FOSTER PARENT; (II) THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY A VOLUNTARY AUTHORIZED AGENCY THAT IS DESIGNATED AND AUTHORIZED TO APPLY THE REASON- ABLE AND PRUDENT PARENT STANDARD, PROVIDED, HOWEVER, THAT SUCH DESIG- NATION SHALL APPLY ONLY DURING THE TIME AT WHICH SUCH EMPLOYEE OR EMPLOYEES ARE RESPONSIBLE FOR THE CARE OF A CHILD OR CHILDREN IN FOSTER CARE; OR (III) A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY DURING THE TIME AT WHICH SUCH DEPARTMENT OR AGENCY IS RESPONSIBLE FOR THE CARE OF A FOSTER CHILD. (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN FOSTER CARE AT THE TIME THE REASONABLE AND PRUDENT PARENT STANDARD WAS APPLIED. (C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE, GROUP HOME, AGENCY OPERATED BOARDING HOME, OR SUPERVISED INDEPENDENT LIVING PROGRAM. (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER- IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT TAKE INTO ACCOUNT A CHILD'S AGE, MATURITY LEVEL, AND CAPABILITIES WHILE MAINTAINING THE HEALTH, SAFETY, AND BEST INTERESTS OF A CHILD AND AT THE SAME TIME ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD. A CARE- GIVER SHALL USE THE REASONABLE AND PRUDENT PARENT STANDARD WHEN DETER- MINING WHETHER TO ALLOW A CHILD IN FOSTER CARE TO PARTICIPATE IN DEVEL- OPMENTALLY-APPROPRIATE EXTRACURRICULAR, ENRICHMENT, CULTURAL OR SOCIAL ACTIVITIES. (E) "DEVELOPMENTALLY-APPROPRIATE" SHALL MEAN: (I) ACTIVITIES OR ITEMS THAT ARE GENERALLY ACCEPTED AS SUITABLE FOR CHILDREN OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY OR THAT ARE DETERMINED TO BE DEVELOPMENTALLY-APPROPRIATE FOR A CHILD, BASED ON THE DEVELOPMENT OF COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES THAT ARE TYPICAL FOR AN AGE OR AGE GROUP; AND (II) IN THE CASE OF A SPECIFIC CHILD, ACTIVITIES OR ITEMS THAT ARE SUITABLE FOR THE CHILD BASED ON THE DEVELOPMENTAL STAGE ATTAINED BY THE CHILD WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES OF THE CHILD. 2. A CAREGIVER SHALL NOT BE LIABLE FOR INJURIES TO THE CHILD AS A RESULT OF PARTICIPATION IN AN EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR SOCIAL ACTIVITY APPROVED BY THE CAREGIVER WHO HAS PERMITTED SUCH ACTIV- ITY IN COMPLIANCE WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS A. 9006--B 74 DEFINED IN PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION. EXCEPT AS PROVIDED HEREIN, NOTHING IN THIS SECTION SHALL OTHERWISE LIMIT THE LIABILITY OF ANY PARTY WHOSE NEGLIGENCE CAUSED INJURIES TO A CHILD. S 6. The opening paragraph of paragraph (e) of subdivision 2 of section 378-a of the social services law, as amended by section 10 of part L of chapter 56 of the laws of 2015, is amended to read as follows: [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER reviewing any criminal history record information provided by the divi- sion of criminal justice services, the office of children and family services shall promptly notify the authorized agency or other state agency that: S 7. Subdivision 2 of section 378-a of the social services law is amended by adding a new paragraph (m) to read as follows: (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS (A) OR (C) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE. (2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL: (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK OF THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY CHARGES AND CONVICTIONS; AND (B) BASED ON THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF- ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY- ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY BASED ON THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER- MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT, AS SET FORTH IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (3) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDED IN THE HOME OF THE APPLICANT WHOSE CRIMINAL HISTORY WAS THE BASIS FOR THE DENIAL AND SHALL PROVIDE SUCH PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON A COPY OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK UPON WHICH SUCH DENIAL WAS BASED AND A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL PURSUANT TO SECTION SEVEN HUNDRED FIFTY-FOUR OF THE CORRECTION LAW. IF THE APPLICANT IS DISQUALIFIED UNDER ITEM (II) OF CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH (E) OF THIS SUBDIVISION, THEN THE APPLICANT MAY APPLY FOR RELIEF FROM THE MANDATORY DISQUALIFICA- TION BASED ON THE GROUNDS THAT THE OFFENSE WAS NOT SPOUSAL ABUSE AS THAT TERM IS DEFINED IN PARAGRAPH (J) OF THIS SUBDIVISION. A. 9006--B 75 (4) THIS PARAGRAPH DOES NOT APPLY TO NATIONWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 8. 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 judgement 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 9. This act shall take effect immediately, provided however that sections six and seven of this act shall take effect on the ninetieth day after it shall have become a law. PART N Section 1. Paragraph (vi) of subdivision (a) of section 115 of the family court act, as amended by chapter 222 of the laws of 1994, is amended to read as follows: (vi) proceedings concerning juvenile delinquency as set forth in arti- cle three OF THIS ACT THAT ARE COMMENCED IN FAMILY COURT. S 2. Subdivision (e) of section 115 of the family court act, as added by chapter 222 of the laws of 1994, is amended to read as follows: (e) The family court has concurrent jurisdiction with the criminal court over all family offenses as defined in article eight of this act AND HAS CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY JUVENILE DELINQUENCY PROCEEDING RESULTING FROM THE REMOVAL OF THE CASE TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 3. 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: (b) 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 A. 9006--B 76 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 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: (i) There is hereby established in the family court in the city of New York at least one "designated felony act part." Such part or parts shall be held separate from all other proceedings of the court, and shall have jurisdiction over all proceedings involving such an allegation THAT ARE NOT REFERRED TO THE YOUTH PART OF A SUPERIOR COURT. All such proceedings shall be originated in or be transferred to this part from other parts as they are made known to the court. (ii) Outside the city of New York, all proceedings involving such an allegation shall have a hearing preference over every other proceeding in the court, except proceedings under article ten OF THIS ACT. S 4. 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 A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL- IC BEVERAGE CONTROL LAW PROVIDED, HOWEVER, THAT SUCH PERSON 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 IS EITHER: A. 9006--B 77 (I) NOT CRIMINALLY RESPONSIBLE FOR SUCH CONDUCT BY REASON OF INFANCY; OR (II) 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. S 5. Subdivisions 8 and 9 of section 301.2 of the family court act, subdivision 8 as amended by chapter 7 of the laws of 2007 and subdivi- sion 9 as added by chapter 920 of the laws of 1982, are 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 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 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 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 commit- ted by a person at least [seven] TWELVE but less than [sixteen] 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 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOG- ICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95 A. 9006--B 78 (PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDER- ING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THE PENAL LAW; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91 OF THE PENAL LAW COMMITTED BY A PERSON SIXTEEN OR SEVENTEEN YEARS OLD. 9. "Designated class A felony act" means a designated felony act [defined in paragraph (i) of subdivision eight] THAT WOULD CONSTITUTE A CLASS A FELONY IF COMMITTED BY AN ADULT. S 6. Subdivision 1 of section 302.1 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. The family court has exclusive original jurisdiction over any proceeding to determine whether a person is a juvenile delinquent COMMENCED IN FAMILY COURT AND CONCURRENT JURISDICTION WITH THE YOUTH PART OF A SUPERIOR COURT OVER ANY SUCH PROCEEDING REMOVED TO THE FAMILY COURT PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-FIVE OF THE CRIMINAL PROCEDURE LAW. S 6-a. Section 302.1 of the family court act is amended by adding a new subdivision 3 to read as follows: 3. WHENEVER A CRIME AND A TRAFFIC INFRACTION ARISE OUT OF THE SAME TRANSACTION OR OCCURRENCE, A CHARGE ALLEGING BOTH OFFENSES MAY BE MADE RETURNABLE BEFORE THE COURT HAVING JURISDICTION OVER THE CRIME. NOTHING HEREIN PROVIDED SHALL BE CONSTRUED TO PREVENT A COURT, HAVING JURISDIC- TION OVER A CRIMINAL CHARGE RELATING TO TRAFFIC OR A TRAFFIC INFRACTION, FROM LAWFULLY ENTERING A JUDGMENT OF CONVICTION, WHETHER OR NOT BASED ON A PLEA OF GUILTY, FOR AN OFFENSE CLASSIFIED AS A TRAFFIC INFRACTION. S 7. 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 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. A. 9006--B 79 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 8. Subdivision 1 of section 304.2 of the family court act, as added by chapter 683 of the laws of 1984, is amended to read as follows: (1) Upon application by the presentment agency, OR UPON APPLICATION BY THE PROBATION SERVICE AS PART OF THE ADJUSTMENT OF A CASE, the court may issue a temporary order of protection against a respondent for good cause shown, ex parte or upon notice, at any time after a juvenile is taken into custody, pursuant to section 305.1 or 305.2 or upon the issu- ance of an appearance ticket pursuant to section 307.1 or upon the filing of a petition pursuant to section 310.1. S 9. 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 10. 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 11. 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 12. 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 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. 9006--B 80 (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 13. 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 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 (B) 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 (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. A. 9006--B 81 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. 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 and shall forthwith serve a copy of the appli- cation upon the appropriate presentment agency. Nothing in this subdivi- sion shall preclude the adjustment of suitable cases pursuant to section 308.1. S 14. Intentionally omitted. S 15. 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. 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 ACTIV- ITIES. 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. 3. The probation service shall not ATTEMPT TO adjust a case THAT COMMENCED IN FAMILY COURT 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. A. 9006--B 82 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[,] OR 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 spec- ified 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 respondent's fingerprints were taken pursuant to section 306.1 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 A. 9006--B 83 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 IT HAS RECEIVED THE WRITTEN APPROVAL OF THE COURT. 14. WHERE WRITTEN APPROVAL IS REQUIRED PRIOR TO ADJUSTMENT ATTEMPTS, THE PROBATION DEPARTMENT SHALL SEEK SUCH APPROVAL. S 16. 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 17. Subdivision 1 of section 320.5 of the family court act, as added by chapter 920 of the laws of 1982, is amended to read as follows: 1. At the initial appearance, the court in its discretion may (A) release the respondent or (B) direct his detention. S 18. 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 MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) 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 (2) 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 (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT- TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF: (1) 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; (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) 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 (4) 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 19. 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] THE OFFICE FOR PEOPLE WITH A. 9006--B 84 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 application 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 respond- ent, the counsel representing the respondent and the mental hygiene legal service if the respondent is at a residential facility. Upon receipt of such application, the court must conduct a hearing to deter- mine 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 incapacitated, he or she shall be returned to the family court for further proceedings pursuant to this article. If the court is satis- fied 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 reasonable period of time necessary to determine whether the respond- ent will attain the capacity to proceed to a fact finding hearing in the foreseeable future but in no event shall continue beyond the respond- ent's eighteenth birthday OR, IF THE RESPONDENT WAS AT LEAST SIXTEEN YEARS OF AGE WHEN THE ACT WAS COMMITTED, BEYOND THE RESPONDENT'S TWEN- TY-FIRST BIRTHDAY. (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 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 20. Subdivisions 1 and 5 of section 325.1 of the family court act, subdivision 1 as amended by chapter 398 of the laws of 1983, subdivision A. 9006--B 85 5 as added by chapter 920 of the laws of 1982, are 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. 5. Where the petition consists of an order of removal pursuant to article seven hundred twenty-five of the criminal procedure law, unless the removal was pursuant to subdivision three of section 725.05 of such law and the respondent was not afforded a probable cause hearing [pursu- ant to subdivision three of section 180.75 of such law for a reason other than his waiver thereof pursuant to subdivision two of section 180.75 of such law], the petition shall be deemed to be based upon a determination that probable cause exists to believe the respondent is a juvenile delinquent and the respondent shall not be entitled to any further inquiry on the subject of whether probable cause exists. After the filing of any such petition the court must, however, exercise inde- pendent, de novo discretion with respect to release or detention as set forth in section 320.5. S 21. 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 21-a. 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: 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 DEPARTMENT SHALL RECOMMEND TO THE COURT THAT THE RESPONDENT PARTICIPATE IN ANY SERVICES NECESSARY TO MITIGATE IDENTIFIED RISKS AND ADDRESS INDIVIDUAL NEEDS. S 22. 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- A. 9006--B 86 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 MORE THAN A VIOLATION BUT NO MORE THAN A MISDEMEANOR IF COMMITTED BY AN ADULT IF: (1) 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 (2) 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 (II) SUCH EVENTS APPEAR TO INVOLVE ALLEGATIONS THAT THE CHILD COMMIT- TED ACTS THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT IF: (1) 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; (2) THE CHILD DOES NOT HAVE ANY PRIOR ADJUDICATIONS FOR AN ACT THAT WOULD CONSTITUTE A FELONY IF COMMITTED BY AN ADULT; (3) 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 (4) 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 22-a. 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, OR A VIOLATION OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION SIXTY-FIVE-B OF THE ALCOHOL- IC BEVERAGE CONTROL LAW, THE COURT SHALL NOTIFY THE COMMISSIONER OF MOTOR VEHICLES OF SUCH ADJUDICATION. WHERE A YOUTH RECEIVES A JUVENILE DELINQUENCY ADJUDICATION FOR CONDUCT THAT 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 COMMIS- SIONER 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 ASSIST- ANCE 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 COMMISSION- ER OF MOTOR VEHICLES OF SAID SUSPENSION OR REVOCATION. S 23. 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; A. 9006--B 87 (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 23-a. 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 23-b. 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 24. 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 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 A. 9006--B 88 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 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- 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. A. 9006--B 89 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 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 A. 9006--B 90 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: 2. At the time of his OR HER first appearance following the filing of a petition of violation the court must: (a) advise the respondent of the contents of the petition and furnish him OR HER with a copy thereof; (b) determine 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 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; and (c) ask the respondent whether he OR SHE wishes to make any statement 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 determin- ing whether a statement should be accepted. If the court does not accept such statement or if the respondent does not make a statement, the court shall proceed with the hearing. Upon request, the court shall grant a A. 9006--B 91 reasonable adjournment to the respondent to enable him OR HER 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. Intentionally omitted. S 33. 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 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 34. 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 A. 9006--B 92 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 amended 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 (A) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR THAT CREATED THE NEED FOR A PETITION TO BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE 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 35. Intentionally omitted. S 36. 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 A. 9006--B 93 (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] SECTION seven hundred twenty-four (b) (i). (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 (A) CONTINUE OR WORSEN THE CIRCUMSTANCES ALLEGED IN THE UNDERLYING PETITION, OR THAT CREATED THE NEED FOR A PETITION TO BE SOUGHT OR (B) CREATE A SAFETY RISK TO THE CHILD OR THE 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 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 37. Intentionally omitted. S 38. 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, paragraph (i) of subdivision (d) as amended by chapter 535 of the laws of 2011, and subdivision (h) as amended by chapter 499 of the laws of 2015, is amended to read as follows: A. 9006--B 94 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; [and] (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 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 A. 9006--B 95 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 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 PLACEMENT OF 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 A. 9006--B 96 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 has been referred, 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 38-a. 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 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 38-b. 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 A. 9006--B 97 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-c. 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, subparagraph (ii) of paragraph (a) of subdivision 2 as amended by section 20 of part L of chapter 56 of the laws of 2015 and the closing paragraph of paragraph (b) of subdivision 2 as amended by section 21 of part L of chapter 56 of the laws of 2015 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; (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 A. 9006--B 98 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 fourteen, 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; (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 A. 9006--B 99 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 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 require- ments 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 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. [(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, SERVICES, INCLUDING THOSE A. 9006--B 100 PROVIDED BY A FAMILY SUPPORT CENTER PURSUANT TO TITLE TWELVE OF ARTICLE SIX OF THE SOCIAL SERVICES LAW 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 subdivision 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 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 A. 9006--B 101 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 by section 4 of part B of chapter 327 of the laws of 2007, subdivisions (c) and (e) as amended by chapter 7 of the laws of 1999, paragraph (ii) of subdivision (d) as amended by section 22, paragraphs (iii), (iv) and (v) of subdivision (d) as amended by section 23 and subdivision (d-1) as amended by section 24 of part L of chapter 56 of the laws of 2015, 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 fourteen, the services needed, if any, to assist the child to make the transition from foster care to independent living; (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; (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 with a significant connection to an adult willing to be a permanency resource for the child if the child is age A. 9006--B 102 sixteen or older and (1) the social services official has documented to the court: (I) intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts made by the social services district 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 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 reasons for determining that it 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 will- ing 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. (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. (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.] A. 9006--B 103 (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 (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 A. 9006--B 104 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- 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. Intentionally omitted. S 49. 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. A. 9006--B 105 S 50. 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; (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. A. 9006--B 106 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 51. 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, 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 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 52. 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. A. 9006--B 107 (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. (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. A. 9006--B 108 (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. (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 53. 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) A. 9006--B 109 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 previous- ly placed in the care and custody or custody and guardianship of the local commissioner of social services or other officer, board or depart- ment 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 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 54. 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] 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] THIS CHAPTER; 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); 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 A. 9006--B 110 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] THIS CHAPTER. 3. A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI- BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA- VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM- INAL POSSESSION OF A CHEMICAL OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 490.50 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI- CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91 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 55. Subdivision 2 of section 60.02 of the penal law, as amended by chapter 471 of the laws of 1980, is amended to read as follows: (2) If the sentence is to be imposed upon a youthful offender finding which has been substituted for a conviction for any felony, the court must impose a sentence authorized to be imposed upon a person convicted of a class E felony provided, however, that (A) the court must not impose a sentence of [conditional discharge or] unconditional discharge if the youthful offender finding was substituted for a conviction of a felony defined in article two hundred twenty of this chapter. S 56. 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, [or 70.10,], OR 70.80 when sentencing a person who A. 9006--B 111 commits a felony after [he] SUCH PERSON has reached the age of [sixteen] EIGHTEEN. S 57. 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 57-a. 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 58. 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. [(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 A. 9006--B 112 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 59. 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 60. 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 ADJUDICATED A YOUTHFUL OFFENDER 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 SUPER- VISION. (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 A. 9006--B 113 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-a. Paragraph (f) of subdivision 1 of section 70.30 of the penal law, as added by chapter 481 of the laws of 1978 and relettered by chap- ter 3 of the laws of 1995, is amended to read as follows: (f) The aggregate maximum term of consecutive sentences imposed upon a juvenile offender for two or more crimes, not including a class A felo- ny, committed before he has reached the age of sixteen, shall, if it exceeds ten years, be deemed to be ten years. If consecutive indetermi- nate sentences imposed upon a juvenile offender include a sentence for [the] A class A 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, then the aggregate maximum term of such sentences shall, if it exceeds fifteen years, be deemed to be fifteen years. Where the aggregate maximum term of two or more consecutive sentences is reduced by a calculation made pursuant to this paragraph, the aggregate minimum period of imprisonment, if it exceeds one-half of the aggregate maximum term as so reduced, shall be deemed to be one-half of the aggregate maximum term as so reduced. S 61. Intentionally omitted. S 62. 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 (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 this chapter or such conduct as a sexually motivated felony, where authorized pursu- ant to section 130.91 of [the penal law; and] THIS CHAPTER; (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 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 A. 9006--B 114 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] THIS CHAPTER; AND (3) A PERSON SIXTEEN OR SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSI- BLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRA- VATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIM- INAL POSSESSION 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); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMI- CAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91 OF THIS CHAPTER. S 63. 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 (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 A. 9006--B 115 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 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION 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); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFI- CER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS IN THE FIRST DEGREE); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMINAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGULATION IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91 OF THIS CHAPTER. S 63-a. The article heading of article 100 of the criminal procedure law is amended to read as follows: --COMMENCEMENT OF ACTION IN LOCAL CRIMINAL COURT OR YOUTH PART OF A SUPERIOR COURT--[LOCAL CRIMINAL COURT] ACCUSATORY INSTRUMENTS S 63-b. The opening paragraph of section 100.05 of the criminal proce- dure law is amended to read as follows: A criminal action is commenced by the filing of an accusatory instru- ment with a criminal court, OR, IN THE CASE OF A JUVENILE OFFENDER, THE YOUTH PART OF THE SUPERIOR COURT, and if more than one such instrument is filed in the course of the same criminal action, such action commences when the first of such instruments is filed. The only way in which a criminal action can be commenced in a superior court is by the filing therewith by a grand jury of an indictment against a defendant who has never been held by a local criminal court for the action of such grand jury with respect to any charge contained in such indictment; PROVIDED, HOWEVER, THAT WHEN THE CRIMINAL ACTION IS COMMENCED AGAINST A JUVENILE OFFENDER, SUCH CRIMINAL ACTION, WHATEVER THE FORM OF COMMENCE- MENT, SHALL BE FILED IN THE YOUTH PART OF THE SUPERIOR COURT OR, IF THE YOUTH PART IS NOT IN SESSION, FILED WITH THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLI- CABLE DEPARTMENT TO ACT AS A YOUTH PART. Otherwise, a criminal action can be commenced only in a local criminal court, by the filing therewith of a local criminal court accusatory instrument, namely: S 63-c. The section heading and subdivision 5 of section 100.10 of the criminal procedure law are amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; definitions thereof. 5. A "felony complaint" is a verified written accusation by a person, filed with a local criminal court, OR YOUTH PART OF THE SUPERIOR COURT, A. 9006--B 116 charging one or more other persons with the commission of one or more felonies. It serves as a basis for the commencement of a criminal action, but not as a basis for prosecution thereof. S 63-d. The section heading of section 100.40 of the criminal proce- dure law is amended to read as follows: Local criminal court AND YOUTH PART OF THE SUPERIOR COURT accusatory instruments; sufficiency on face. S 63-e. The criminal procedure law is amended by adding a new section 100.60 to read as follows: S 100.60 YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENTS; IN WHAT COURTS FILED. ANY YOUTH PART OF THE SUPERIOR COURT ACCUSATORY INSTRUMENT MAY BE FILED WITH THE YOUTH PART OF THE SUPERIOR COURT OF A PARTICULAR COUNTY WHEN AN OFFENSE CHARGED THEREIN WAS ALLEGEDLY COMMITTED IN SUCH COUNTY OR THAT PART THEREOF OVER WHICH SUCH COURT HAS JURISDICTION. S 63-f. The article heading of article 110 of the criminal procedure law is amended to read as follows: --REQUIRING DEFENDANT'S APPEARANCE IN LOCAL CRIMINAL COURT OR YOUTH PART OF SUPERIOR COURT FOR ARRAIGNMENT S 63-g. The section heading and subdivisions 1 and 2 of section 110.10 of the criminal procedure law are amended to read as follows: Methods of requiring defendant's appearance in local criminal court OR YOUTH PART OF THE SUPERIOR COURT for arraignment; in general. 1. After a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing of an accusatory instrument therewith, a defendant who has not been arraigned in the action and has not come under the control of the court may under certain circumstances be compelled or required to appear for arraignment upon such accusatory instrument by: (a) The issuance and execution of a warrant of arrest, as provided in article one hundred twenty; or (b) The issuance and service upon him of a summons, as provided in article one hundred thirty; or (c) Procedures provided in articles five hundred sixty, five hundred seventy, five hundred eighty, five hundred ninety and six hundred for securing attendance of defendants in criminal actions who are not at liberty within the state. 2. Although no criminal action against a person has been commenced in any court, he may under certain circumstances be compelled or required to appear in a local criminal court OR YOUTH PART OF A SUPERIOR COURT for arraignment upon an accusatory instrument to be filed therewith at or before the time of his appearance by: (a) An arrest made without a warrant, as provided in article one hundred forty; or (b) The issuance and service upon him of an appearance ticket, as provided in article one hundred fifty. S 63-h. Section 110.20 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 110.20 Local criminal court OR YOUTH PART OF THE SUPERIOR COURT accu- satory instruments; notice thereof to district attorney. When a criminal action in which a crime is charged is commenced in a local criminal court, other than the criminal court of the city of New York, OR YOUTH PART OF THE SUPERIOR COURT, a copy of the accusatory instrument shall be promptly transmitted to the appropriate district attorney upon or prior to the arraignment of the defendant on the accu- A. 9006--B 117 satory instrument. If a police officer or a peace officer is the complainant or the filer of a simplified information, or has arrested the defendant or brought him before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT on behalf of an arresting person pursuant to subdivision one of section 140.20, such officer or his agency shall transmit the copy of the accusatory instrument to the appropriate district attorney. In all other cases, the clerk of the court in which the defendant is arraigned shall so transmit it. S 63-i. The first undesignated paragraph of subdivision 1 of section 120.20 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: When a criminal action has been commenced in a local criminal court OR YOUTH PART OF THE SUPERIOR COURT by the filing therewith of an accusato- ry instrument, other than a simplified traffic information, against a defendant who has not been arraigned upon such accusatory instrument and has not come under the control of the court with respect thereto: S 63-j. Section 120.30 of the criminal procedure law is amended to read as follows: S 120.30 Warrant of arrest; by what courts issuable and in what courts returnable. 1. A warrant of arrest may be issued only by the local criminal court OR YOUTH PART OF THE SUPERIOR COURT with which the underlying accusatory instrument has been filed, and it may be made returnable in such issuing court only. 2. The particular local criminal court or courts OR YOUTH PART OF SUPERIOR COURT with which any particular local criminal court OR YOUTH PART OF THE SUPERIOR COURT accusatory instrument may be filed for the purpose of obtaining a warrant of arrest are determined, generally, by the provisions of section 100.55 OR 100.60, AS APPLICABLE. If, however, a particular accusatory instrument may pursuant to said section 100.55 be filed with a particular town court and such town court is not avail- able at the time such instrument is sought to be filed and a warrant obtained, such accusatory instrument may be filed with the town court of any adjoining town of the same county. If such instrument may be filed pursuant to said section 100.55 with a particular village court and such village court is not available at the time, it may be filed with the town court of the town embracing such village, or if such town court is not available either, with the town court of any adjoining town of the same county. S 63-k. Section 120.55 of the criminal procedure law, as amended by section 71 of subpart B of part C of chapter 62 of the laws of 2011, is amended to read as follows: S 120.55 Warrant of arrest; defendant under parole or probation super- vision. If the defendant named within a warrant of arrest issued by a local criminal court OR YOUTH PART OF THE SUPERIOR COURT pursuant to the provisions of this article, or by a superior court issued pursuant to subdivision three of section 210.10 of this chapter, is under the super- vision of the state department of corrections and community supervision or a local or state probation department, then a warrant for his or her arrest may be executed by a parole officer or probation officer, when authorized by his or her probation director, within his or her geograph- ical area of employment. The execution of the warrant by a parole offi- cer or probation officer shall be upon the same conditions and conducted in the same manner as provided for execution of a warrant by a police officer. A. 9006--B 118 S 63-l. Subdivision 1 of section 120.70 of the criminal procedure law is amended to read as follows: 1. A warrant of arrest issued by a district court, by the New York City criminal court, THE YOUTH PART OF A SUPERIOR COURT or by a superior court judge sitting as a local criminal court may be executed anywhere in the state. S 63-m. Section 120.90 of the criminal procedure law, as amended by chapter 424 of the laws of 1998, subdivision 8 as amended by chapter 96 of the laws of 2010, is amended to read as follows: S 120.90 Warrant of arrest; procedure after arrest. 1. Upon arresting a defendant for any offense pursuant to a warrant of arrest in the county in which the warrant is returnable or in any adjoining county, or upon so arresting him for a felony in any other county, a police officer, if he be one to whom the warrant is addressed, must without unnecessary delay bring the defendant before the local criminal court OR YOUTH PART OF THE SUPERIOR COURT in which such warrant is returnable. 2. Upon arresting a defendant for any offense pursuant to a warrant of arrest in a county adjoining the county in which the warrant is returnable, or upon so arresting him for a felony in any other county, a police officer, if he be one delegated to execute the warrant pursuant to section 120.60, must without unnecessary delay deliver the defendant or cause him to be delivered to the custody of the officer by whom he was so delegated, and the latter must then proceed as provided in subdi- vision one. 3. Upon arresting a defendant for an offense other than a felony pursuant to a warrant of arrest in a county other than the one in which the warrant is returnable or one adjoining it, a police officer, if he be one to whom the warrant is addressed, must inform the defendant that he has a right to appear before a local criminal court of the county of arrest for the purpose of being released on his own recognizance or having bail fixed. If the defendant does not desire to avail himself of such right, the officer must request him to endorse such fact upon the warrant, and upon such endorsement the officer must without unnecessary delay bring him before the court in which the warrant is returnable. If the defendant does desire to avail himself of such right, or if he refuses to make the aforementioned endorsement, the officer must without unnecessary delay bring him before a local criminal court of the county of arrest. Such court must release the defendant on his own recogni- zance or fix bail for his appearance on a specified date in the court in which the warrant is returnable. If the defendant is in default of bail, the officer must without unnecessary delay bring him before the court in which the warrant is returnable. 4. Upon arresting a defendant for an offense other than a felony pursuant to a warrant of arrest in a county other than the one in which the warrant is returnable or one adjoining it, a police officer, if he be one delegated to execute the warrant pursuant to section 120.60, may hold the defendant in custody in the county of arrest for a period not exceeding two hours for the purpose of delivering him to the custody of the officer by whom he was delegated to execute such warrant. If the delegating officer receives custody of the defendant during such period, he must proceed as provided in subdivision three. Otherwise, the deleg- ated officer must inform the defendant that he has a right to appear before a local criminal court for the purpose of being released on his own recognizance or having bail fixed. If the defendant does not desire to avail himself of such right, the officer must request him to make, A. 9006--B 119 sign and deliver to him a written statement of such fact, and if the defendant does so, the officer must retain custody of him but must with- out unnecessary delay deliver him or cause him to be delivered to the custody of the delegating police officer. If the defendant does desire to avail himself of such right, or if he refuses to make and deliver the aforementioned statement, the delegated or arresting officer must with- out unnecessary delay bring him before a local criminal court of the county of arrest and must submit to such court a written statement reciting the material facts concerning the issuance of the warrant, the offense involved, and all other essential matters relating thereto. Upon the submission of such statement, such court must release the defendant on his own recognizance or fix bail for his appearance on a specified date in the court in which the warrant is returnable. If the defendant is in default of bail, the officer must retain custody of him but must without unnecessary delay deliver him or cause him to be deliv- ered to the custody of the delegating officer. Upon receiving such custody, the latter must without unnecessary delay bring the defendant before the court in which the warrant is returnable. 5. Whenever a police officer is required pursuant to this section to bring an arrested defendant before a town court in which a warrant of arrest is returnable, and if such town court is not available at the time, such officer must, if a copy of the underlying accusatory instru- ment has been attached to the warrant pursuant to section 120.40, instead bring such defendant before any village court embraced, in whole or in part, by such town, or any local criminal court of an adjoining town or city of the same county or any village court embraced, in whole or in part, by such adjoining town. When the court in which the warrant is returnable is a village court which is not available at the time, the officer must in such circumstances bring the defendant before the town court of the town embracing such village or any other village court within such town or, if such town court or village court is not avail- able either, before the local criminal court of any town or city of the same county which adjoins such embracing town or, before the local crim- inal court of any village embraced in whole or in part by such adjoining town. When the court in which the warrant is returnable is a city court which is not available at the time, the officer must in such circum- stances bring the defendant before the local criminal court of any adjoining town or village embraced in whole or in part by such adjoining town of the same county. 5-A. WHENEVER A POLICE OFFICER IS REQUIRED, PURSUANT TO THIS SECTION, TO BRING AN ARRESTED DEFENDANT BEFORE A YOUTH PART OF A SUPERIOR COURT IN WHICH A WARRANT OF ARREST IS RETURNABLE, AND IF SUCH COURT IS NOT AVAILABLE AT THE TIME, SUCH OFFICER MUST BRING SUCH DEFENDANT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. 6. Before bringing a defendant arrested pursuant to a warrant before the local criminal court OR YOUTH PART OF A SUPERIOR COURT in which such warrant is returnable, a police officer must without unnecessary delay perform all fingerprinting and other preliminary police duties required in the particular case. In any case in which the defendant is not brought by a police officer before such court but, following his arrest in another county for an offense specified in subdivision one of section 160.10, is released by a local criminal court of such other county on his own recognizance or on bail for his appearance on a specified date before the local criminal court before which the warrant is returnable, the latter court must, upon arraignment of the defendant before it, A. 9006--B 120 direct that he be fingerprinted by the appropriate officer or agency, and that he appear at an appropriate designated time and place for such purpose. 7. Upon arresting a juvenile offender, the police officer shall imme- diately notify the parent or other person legally responsible for his care or the person with whom he is domiciled, that the juvenile offender has been arrested, and the location of the facility where he is being detained. 8. Upon arresting a defendant, other than a juvenile offender, for any offense pursuant to a warrant of arrest, a police officer shall, upon the defendant's request, permit the defendant to communicate by telephone provided by the law enforcement facility where the defendant is held to a phone number located anywhere in the United States or Puer- to Rico, for the purposes of obtaining counsel and informing a relative or friend that he or she has been arrested, unless granting the call will compromise an ongoing investigation or the prosecution of the defendant. S 63-n. Subdivision 1 of section 130.10 of the criminal procedure law, as amended by chapter 446 of the laws of 1993, is amended to read as follows: 1. A summons is a process issued by a local criminal court directing a defendant designated in an information, a prosecutor's information, a felony complaint or a misdemeanor complaint filed with such court, OR A YOUTH PART OF A SUPERIOR COURT DIRECTING A DEFENDANT DESIGNATED IN A FELONY COMPLAINT, or by a superior court directing a defendant desig- nated in an indictment filed with such court, to appear before it at a designated future time in connection with such accusatory instrument. The sole function of a summons is to achieve a defendant's court appear- ance in a criminal action for the purpose of arraignment upon the accu- satory instrument by which such action was commenced. S 63-o. Section 130.30 of the criminal procedure law, as amended by chapter 506 of the laws of 2000, is amended to read as follows: S 130.30 Summons; when issuable. A local criminal court OR YOUTH PART OF THE SUPERIOR COURT may issue a summons in any case in which, pursuant to section 120.20, it is author- ized to issue a warrant of arrest based upon an information, a prosecutor's information, a felony complaint or a misdemeanor complaint. If such information, prosecutor's information, felony complaint or misdemeanor complaint is not sufficient on its face as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an authorized accusatory instrument that is sufficient on its face, the court must dismiss the accusatory instrument. A superior court may issue a summons in any case in which, pursuant to section 210.10, it is authorized to issue a warrant of arrest based upon an indictment. S 63-p. Subdivision 1 of section 140.20 of the criminal procedure law is amended by adding a new paragraph (e) to read as follows: (E) IF THE ARREST IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 64. 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: A. 9006--B 121 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 64-a. Subdivision 2 of section 140.27 of the criminal procedure law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: 2. Upon arresting a person without a warrant, a peace officer, except as otherwise provided in subdivision three OR THREE-A, must without unnecessary delay bring him or cause him to be brought before a local criminal court, as provided in section 100.55 and subdivision one of section 140.20, and must without unnecessary delay file or cause to be filed therewith an appropriate accusatory instrument. If the offense which is the subject of the arrest is one of those specified in subdivi- sion one of section 160.10, the arrested person must be fingerprinted and photographed as therein provided. In order to execute the required post-arrest functions, such arresting peace officer may perform such functions himself or he may enlist the aid of a police officer for the performance thereof in the manner provided in subdivision one of section 140.20. S 64-b. Section 140.27 of the criminal procedure law is amended by adding a new subdivision 3-a to read as follows: 3-A. IF THE ARREST IS FOR A PERSON UNDER THE AGE OF EIGHTEEN, SUCH PERSON SHALL BE BROUGHT BEFORE THE YOUTH PART OF THE SUPERIOR COURT. IF THE YOUTH PART IS NOT IN SESSION, SUCH PERSON SHALL BE BROUGHT BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 65. 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 A. 9006--B 122 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; (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 66. 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. A. 9006--B 123 S 66-a. 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 67. The criminal procedure law is amended by adding a new section 160.56 to read as follows: S 160.56 SEALING OF CERTAIN CONVICTIONS. 1. DEFINITIONS: AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "ELIGIBLE OFFENSE" SHALL MEAN ANY OFFENSE DEFINED IN THE LAWS OF THIS STATE OTHER THAN A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIR- TY OF THE PENAL LAW, AN OFFENSE DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, 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 OTHER THAN A CLASS A FELONY OFFENSE DEFINED IN ARTICLE TWO HUNDRED TWENTY OF THE PENAL LAW, OR AN OFFENSE FOR WHICH REGISTRATION AS A SEX OFFENDER IS REQUIRED PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW. FOR THE PURPOSES OF THIS SECTION, WHERE THE DEFENDANT IS CONVICTED OF MORE THAN ONE ELIGIBLE OFFENSE, COMMITTED AS PART OF THE SAME CRIMI- NAL TRANSACTION AS DEFINED IN SUBDIVISION TWO OF SECTION 40.10 OF THIS CHAPTER, THOSE OFFENSES SHALL BE CONSIDERED ONE ELIGIBLE OFFENSE. 2. (A) A DEFENDANT WHO HAS BEEN CONVICTED OF UP TO TWO ELIGIBLE OFFENSES BUT NOT MORE THAN ONE FELONY OFFENSE MAY PETITION THE COURT IN WHICH HE OR SHE WAS CONVICTED OF THE MOST SERIOUS OFFENSE TO HAVE SUCH CONVICTION OR CONVICTIONS SEALED. IF ALL OFFENSES ARE OFFENSES WITH THE SAME CLASSIFICATION, THE PETITION SHALL BE FILED IN THE COURT IN WHICH THE DEFENDANT WAS LAST CONVICTED. ON THE DEFENDANT'S MOTION, THE COURT MAY ORDER THAT ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARREST, PROSECUTION AND CONVICTION FOR THE DEFENDANT'S PRIOR ELIGIBLE OFFENSES BE CONDITIONALLY SEALED WHEN: (A) THE DEFENDANT HAS NOT BEEN CONVICTED OF ANY OTHER CRIME, INCLUDING CRIMES SEALED UNDER SECTION 160.58 OF THIS CHAPTER, OTHER THAN THE ELIGIBLE OFFENSES; (B) 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 (C) FOR AN ELIGIBLE FELONY, AT LEAST THREE YEARS HAVE PASSED SINCE: THE ENTRY OF THE JUDGMENT OR, IF THE DEFENDANT WAS SENTENCED TO A CONDI- TIONAL DISCHARGE OR A PERIOD OF PROBATION, INCLUDING A PERIOD OF INCAR- CERATION IMPOSED IN CONJUNCTION WITH A SENTENCE OF PROBATION OR CONDI- TIONAL DISCHARGE, THE COMPLETION OF THE DEFENDANT'S TERM OF PROBATION OR CONDITIONAL DISCHARGE, OR IF THE DEFENDANT WAS SENTENCED TO INCARCERA- TION, THE DEFENDANT'S RELEASE FROM INCARCERATION, WHICHEVER IS THE LONG- EST; AND (D) THE SENTENCING COURT HAS REQUESTED AND RECEIVED FROM THE DIVISION OF CRIMINAL JUSTICE SERVICES OR THE FEDERAL BUREAU OF INVESTIGATION A FINGERPRINT BASED CRIMINAL HISTORY RECORD OF THE DEFENDANT, INCLUDING A. 9006--B 124 ANY SEALED OR SUPPRESSED INFORMATION. THE DIVISION OF CRIMINAL JUSTICE SERVICES SHALL ALSO INCLUDE A CRIMINAL HISTORY REPORT, IF ANY, FROM THE FEDERAL BUREAU OF INVESTIGATION REGARDING ANY CRIMINAL HISTORY INFORMA- TION THAT OCCURRED IN OTHER JURISDICTIONS. THE DIVISION IS HEREBY AUTHORIZED TO RECEIVE SUCH INFORMATION FROM THE FEDERAL BUREAU OF INVES- TIGATION FOR THIS PURPOSE. THE PARTIES SHALL BE PERMITTED TO EXAMINE THESE RECORDS; (E) THE DEFENDANT OR COURT HAS IDENTIFIED THE MISDEMEANOR CONVICTION OR CONVICTIONS OR FELONY CONVICTION FOR WHICH RELIEF MAY BE GRANTED; (F) THE COURT HAS RECEIVED DOCUMENTATION THAT THE SENTENCES IMPOSED ON THE ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED, OR IF NO SUCH DOCUMENTA- TION IS REASONABLY AVAILABLE, A SWORN AFFIDAVIT THAT THE SENTENCES IMPOSED ON THE PRIOR ELIGIBLE CONVICTIONS HAVE BEEN COMPLETED; (G) THE COURT HAS NOTIFIED THE DISTRICT ATTORNEY OF EACH JURISDICTION IN WHICH THE DEFENDANT HAS BEEN CONVICTED OF AN OFFENSE WITH RESPECT TO WHICH SEALING IS SOUGHT, AND THE COURT OR COURTS OF CONVICTION FOR SUCH OFFENSES, THAT THE COURT IS CONSIDERING SEALING THE RECORDS OF THE DEFENDANT'S ELIGIBLE CONVICTIONS. BOTH THE DISTRICT ATTORNEY AND THE COURT SHALL BE GIVEN A REASONABLE OPPORTUNITY, WHICH SHALL BE UP TO THIRTY DAYS, IN WHICH TO COMMENT AND SUBMIT MATERIALS TO AID THE COURT IN MAKING SUCH A DETERMINATION. WHEN THE COURT NOTIFIES A DISTRICT ATTORNEY OF A SEALING APPLICATION, THE DISTRICT ATTORNEY SHALL PROVIDE NOTICE TO THE VICTIM, IF ANY, OF THE SEALING APPLICATION BY MAILING WRITTEN NOTICE TO THE VICTIM'S LAST-KNOWN ADDRESS. FOR PURPOSES OF THIS SECTION "VICTIM" MEANS ANY PERSON WHO HAS SUSTAINED PHYSICAL OR FINAN- CIAL INJURY TO PERSON OR TO PROPERTY AS A DIRECT RESULT OF THE CRIME OR CRIMES FOR WHICH SEALING IS APPLIED. THE COURT SHALL PROVIDE THE DEFEND- ANT WITH ANY MATERIALS SUBMITTED TO THE COURT IN RESPONSE TO THE DEFEND- ANT'S PETITION; AND (H) NO CHARGES FOR ANY OFFENSE ARE PENDING AGAINST THE DEFENDANT. 3. AT THE REQUEST OF THE DEFENDANT OR THE DISTRICT ATTORNEY OF A COUN- TY IN WHICH THE DEFENDANT COMMITTED A CRIME THAT IS THE SUBJECT OF THE SEALING APPLICATION, THE COURT MAY CONDUCT A HEARING TO CONSIDER AND REVIEW ANY RELEVANT EVIDENCE OFFERED BY EITHER PARTY THAT WOULD AID THE COURT IN ITS DECISION WHETHER TO SEAL THE RECORDS OF THE DEFENDANT'S ARRESTS, PROSECUTIONS AND CONVICTIONS. IN MAKING SUCH A DETERMINATION, THE COURT SHALL CONSIDER ANY RELEVANT FACTORS, INCLUDING BUT NOT LIMITED TO: (A) THE CIRCUMSTANCES AND SERIOUSNESS OF THE OFFENSE OR OFFENSES THAT RESULTED IN THE CONVICTION OR CONVICTIONS; (B) THE CHARACTER OF THE DEFENDANT, INCLUDING WHAT STEPS THE PETITION- ER HAS TAKEN SINCE THE TIME OF THE OFFENSE TOWARD PERSONAL REHABILI- TATION, INCLUDING TREATMENT, WORK, SCHOOL, OR OTHER PERSONAL HISTORY THAT DEMONSTRATES REHABILITATION; (C) THE DEFENDANT'S CRIMINAL HISTORY; (D) THE IMPACT OF SEALING THE DEFENDANT'S RECORDS UPON HIS OR HER REHABILITATION AND HIS OR HER SUCCESSFUL AND PRODUCTIVE REENTRY AND REINTEGRATION INTO SOCIETY, AND ON PUBLIC SAFETY; AND (E) ANY STATEMENTS MADE BY THE VICTIM OF THE OFFENSE WHERE THERE IS IN FACT A VICTIM OF THE CRIME. 4. WHEN A COURT ORDERS SEALING PURSUANT TO THIS SECTION, ALL OFFICIAL RECORDS AND PAPERS RELATING TO THE ARRESTS, PROSECUTIONS, AND CONVICTIONS, 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; A. 9006--B 125 PROVIDED, HOWEVER, THE DIVISION SHALL RETAIN ANY FINGERPRINTS, PALM- PRINTS, PHOTOGRAPHS, OR DIGITAL IMAGES OF THE SAME. 5. WHEN THE COURT ORDERS SEALING PURSUANT TO THIS SECTION, THE CLERK OF SUCH COURT SHALL IMMEDIATELY NOTIFY THE COMMISSIONER OF THE DIVISION OF CRIMINAL JUSTICE SERVICES, AND ANY COURT THAT SENTENCED THE DEFENDANT FOR AN OFFENSE WHICH HAS BEEN CONDITIONALLY SEALED, REGARDING THE RECORDS THAT SHALL BE SEALED PURSUANT TO THIS SECTION. 6. 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; (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; OR (E) THE CRIMINAL JUSTICE INFORMATION SERVICES DIVISION OF THE FEDERAL BUREAU OF INVESTIGATION, FOR THE PURPOSES OF RESPONDING TO QUERIES TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM REGARDING ATTEMPTS TO PURCHASE OR OTHERWISE TAKE POSSESSION OF FIREARMS, AS DEFINED IN 18 USC 921 (A) (3). 10. IF, WITHIN TEN YEARS FOLLOWING 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, THE PERSON WHO IS THE SUBJECT OF SUCH RECORDS SEALED PURSUANT TO THIS SECTION IS ARRESTED FOR OR FORMALLY CHARGED WITH ANY MISDEMEANOR OR FELONY OFFENSE, SUCH RECORDS SHALL BE UNSEALED IMMEDIATE- LY 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 ARTICLE OR BY CONVICTION FOR A NON-CRIMINAL OFFENSE AS DESCRIBED IN SECTION 160.55 OF THIS ARTICLE, SUCH UNSEALED RECORDS SHALL BE CONDITIONALLY SEALED PURSU- ANT TO THIS SECTION. 11. 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 68. Section 180.75 of the criminal procedure law, as added by chap- ter 481 of the laws of 1978, paragraph (b) of subdivision 3 as amended by chapter 920 of the laws of 1982, subdivision 4 as amended by chapter 264 of the laws of 2003, and subdivisions 5 and 6 as added by chapter 411 of the laws of 1979, is amended to read as follows: S 180.75 Proceedings upon felony complaint; juvenile offender. A. 9006--B 126 1. When THE YOUTH PART OF A SUPERIOR COURT IS NOT IN SESSION AND a juvenile offender is arraigned before [a local criminal court] THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART, the provisions of this section shall apply in lieu of the provisions of sections 180.30, 180.50 and 180.70 of this article. 2. [If] WHETHER OR NOT the defendant waives a hearing upon the felony complaint, the court must [order that the defendant be held for the action of the grand jury of the appropriate superior court with respect to the charge or charges contained in the felony complaint] TRANSFER THE ACTION TO THE YOUTH PART OF THE SUPERIOR COURT. In such case the court must promptly transmit to such YOUTH PART OF THE superior court the order, the felony complaint, the supporting depositions and all other pertinent documents. Until such papers are received by the YOUTH PART OF THE superior court, the action is deemed to be still pending in the [local criminal court] COURT DESIGNATED BY THE APPELLATE DIVISION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. 3. If there be a hearing, then at the conclusion of the hearing, the court must dispose of the felony complaint 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; 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] EIGH- TEEN, 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 (c) If there is not reasonable cause to believe that the defendant committed any criminal act, the court must dismiss the felony complaint and discharge the defendant from custody if he is in custody, or if he is at liberty on bail, it must exonerate the bail. 4. Notwithstanding the provisions of subdivisions two and three of this section, [a local criminal] THE court shall, at the request of the district attorney, order removal of an action against a juvenile offen- der to the family court pursuant to the provisions of article seven hundred twenty-five of this chapter if, upon consideration of the crite- ria specified in subdivision two of section 210.43 of this chapter, it is determined that to do so would be in the interests of justice. Where, however, the felony complaint charges the juvenile offender with murder in the second degree as defined in section 125.25 of the penal law, rape 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 of this chapter, a determination that such action be removed to the family court shall, in addition, be based upon a finding of one or more of the following factors: (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, the defendant's participation was relatively minor although not so minor as to constitute a defense to the prosecution; or (iii) possible deficien- cies in proof of the crime. A. 9006--B 127 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 YOUTH PART OF THE superior 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 authorized to sit as a local criminal court to exercise the preliminary jurisdiction 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 paragraph (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 there- in, and in such event the provisions of paragraph (a) thereof shall apply. 6. (a) If the court orders removal of the action to family court, it shall state on the record the factor or factors upon which its determi- nation is based, and the court shall give its reasons for removal in detail and not in conclusory terms. (b) the district attorney shall state upon the record the reasons for his consent to removal of the action to the family court where such consent is required. The reasons shall be stated in detail and not in conclusory terms. (c) For the purpose of making a determination pursuant to subdivision four or five, the court may make such inquiry as it deems necessary. Any evidence which is not legally privileged may be introduced. If the defendant testifies, his testimony may not be introduced against him in any future proceeding, except to impeach his testimony at such future proceeding as inconsistent prior testimony. (d) Where a motion for removal by the defendant pursuant to subdivi- sion five has been denied, no further motion pursuant to this section or section 210.43 of this chapter may be made by the juvenile offender with respect to the same offense or offenses. (e) Except as provided by paragraph (f), this section shall not be construed to limit the powers of the grand jury. (f) Where a motion by the defendant pursuant to subdivision five has been granted, there shall be no further proceedings against the juvenile offender in any local or superior criminal court INCLUDING THE YOUTH PART OF THE SUPERIOR COURT for the offense or offenses which were the subject of the removal order. S 68-a. The opening paragraph of section 180.80 of the criminal proce- dure law, as amended by chapter 556 of the laws of 1982, is amended to read as follows: Upon application of a defendant against whom a felony complaint has been filed with a local criminal court OR THE YOUTH PART OF A SUPERIOR COURT, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, with- out either a disposition of the felony complaint or commencement of a A. 9006--B 128 hearing thereon, the [local criminal] court must release him on his own recognizance unless: S 69. Subdivisions (a) and (b) of section 190.71 of the criminal procedure law, subdivision (a) as amended by chapter 7 of the laws of 2007, subdivision (b) 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 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 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 responsi- ble; 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; subdivision 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 SEVENTEEN YEARS OF AGE IS CRIMINALLY RESPONSIBLE FOR ACTS CONSTITUTING THE CRIMES DEFINED IN SECTION 460.22 (AGGRAVATED ENTERPRISE CORRUPTION); 490.25 (CRIME OF TERRORISM); 490.45 (CRIMINAL POSSESSION 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); 490.55 (CRIMINAL USE OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE FIRST DEGREE); 130.95 (PREDATORY SEXUAL ASSAULT); 130.96 (PREDATORY SEXUAL ASSAULT AGAINST A CHILD); 120.11 (AGGRAVATED ASSAULT UPON A POLICE OFFICER OR A PEACE OFFICER); 125.22 (AGGRAVATED MANSLAUGHTER IN THE FIRST DEGREE); 130.75 (COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE); 215.17 (INTIMIDATING A VICTIM OR WITNESS); 255.27 (INCEST IN THE FIRST DEGREE); 265.04 (CRIMI- NAL POSSESSION OF A WEAPON IN THE FIRST DEGREE); 265.09 (CRIMINAL USE OF A FIREARM IN THE FIRST DEGREE); 265.13 (CRIMINAL SALE OF A FIREARM IN THE FIRST DEGREE); 490.35 (HINDERING PROSECUTION OF TERRORISM IN THE FIRST DEGREE); 490.40 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE SECOND DEGREE); 490.47 (CRIMINAL USE OF A CHEM- ICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); 121.13 (STRANGU- LATION IN THE FIRST DEGREE); 130.67 (AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE); 490.37 (CRIMINAL POSSESSION OF A CHEMICAL WEAPON OR BIOLOGICAL WEAPON IN THE THIRD DEGREE); OR 130.66 (AGGRAVATED SEXUAL A. 9006--B 129 ABUSE IN THE THIRD DEGREE) OF THIS CHAPTER; OR SUCH CONDUCT COMMITTED AS A SEXUALLY MOTIVATED FELONY, WHERE AUTHORIZED PURSUANT TO SECTION 130.91 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] SEVENTEEN years of age OR YOUNGER 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. S 70. 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 OR SHE would not have been criminally responsible by reason of infancy are based upon the same act or upon the same criminal transaction, as that term is defined in subdi- vision 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 71. Subdivision 1 of section 210.43 of the criminal procedure law, as added by chapter 411 of the laws of 1979, paragraph (b) as amended by chapter 264 of the laws of 2003, is amended to read as follows: 1. After a motion by a juvenile offender, pursuant to subdivision five of section 180.75 of this chapter, or after arraignment of a juvenile offender upon an indictment, the YOUTH PART OF A superior court may, on motion of any party or on its own motion: (a) except as otherwise provided by paragraph (b) OF THIS SECTION, order removal of the action to the family court pursuant to the provisions of article seven hundred twenty-five of this chapter, if, after consideration of the factors set forth in subdivision two of this section, the court determines that to do so would be in the interests of justice. PROVIDED, HOWEVER, THAT A YOUTH PART SHALL BE REQUIRED TO ORDER REMOVAL OF AN ACTION AGAINST A JUVENILE OFFENDER ACCUSED OF ROBBERY IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 160.10 OF THIS PART, UNLESS THE DISTRICT ATTORNEY PROVES BY A PREPONDERANCE OF THE EVIDENCE THAT THE YOUTH PLAYED A PRIMARY ROLE IN COMMISSION OF THE CRIME OR THAT AGGRAVATING CIRCUMSTANCES SET FORTH IN THE MEMORANDUM IN OPPO- SITION SUBMITTED BY THE DISTRICT ATTORNEY THAT BEAR DIRECTLY ON THE MANNER IN WHICH THE CRIME WAS COMMITTED ARE PRESENT; or (b) [with the consent] AFTER CONSIDERATION OF THE RECOMMENDATION of the district attorney, order removal of an action involving an indict- ment charging a juvenile offender with murder in the second degree as defined in section 125.25 of the penal law; rape 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 A. 9006--B 130 130.50 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) possi- ble 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. Paragraph (g) of subdivision 5 of section 220.10 of the criminal procedure law, as amended by chapter 480 of the laws of 1976, subpara- graph (iii) as amended by chapter 264 of the laws of 2003, the second undesignated paragraph as amended by chapter 920 of the laws of 1982 and the closing paragraph as amended by chapter 411 of the laws of 1979, is amended to read as follows: (g) Where the defendant is a juvenile offender, the provisions of paragraphs (a), (b), (c) and (d) of this subdivision shall not apply and any plea entered pursuant to subdivision three or four of this section, must be 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 criminal- ly responsible; (ii) If the indictment does not charge a crime specified in subpara- graph (i) of this paragraph, then any plea of guilty entered pursuant to subdivision three or four of this section must be a plea of guilty of a crime for which the defendant is criminally responsible unless a plea of guilty is accepted pursuant to subparagraph (iii) of this paragraph; (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] MAY 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 subdivision 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 rela- tively 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 A. 9006--B 131 not part of a pattern of criminal behavior and, in view of the history of the offender, 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] THIS SUBPARAGRAPH that the inter- ests 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 murder in the second degree may only plead to a desig- nated felony act, as defined in subdivision eight of section 301.2 of the family court act. Upon accepting any such plea, the court must specify upon the record the portion or portions of the district attorney's statement 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 the family court in accordance with the provisions of article seven hundred twenty-five of this chapter. S 72-a. Section 330.25 of the criminal procedure law, as added by chapter 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 fami- ly 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] THE COURT, IN DETERMINING THE MOTION, 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 subdivi- sion one of section 210.43 of this chapter, WHETHER specific factors EXIST, one or more of which reasonably [support] SUPPORTS the [recommen- dation] 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 defend- ant's participation was relatively minor although not so minor as to constitute a defense to prosecution, or (iii) where the juvenile offen- der has no previous adjudications of having committed a designated felo- ny 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 commis- sion 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 A. 9006--B 132 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 the family court in accordance with the provisions of article seven hundred twenty-five of this chapter. S 72-b. 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 AND ITS YOUTH PART 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 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 BROUGHT WITHOUT UNNECESSARY DELAY BEFORE THE MOST ACCESSIBLE MAGISTRATE DESIGNATED BY THE APPELLATE DIVI- SION OF THE SUPREME COURT IN THE APPLICABLE DEPARTMENT TO ACT AS A YOUTH PART. S 73. 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 A. 9006--B 133 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. 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 IN THE CASE OF A JUVENILE OFFENDER LESS THAN EIGHTEEN YEARS OF AGE TO THE CUSTODY OF THE OFFICE OF CHILDREN AND FAMILY SERVICES, OR FIX BAIL OR RELEASE SUCH PERSON ON HIS OR HER OWN RECOGNIZANCE FOR FUTURE APPEAR- ANCE AT A HEARING TO BE HELD IN ACCORDANCE WITH SECTION 410.70 OF THIS ARTICLE. PROVIDED, HOWEVER, NOTHING HEREIN SHALL AUTHORIZE 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 DETERMINES (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 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 74. 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. A. 9006--B 134 (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 RECORD OR (II) THE USE OF GRADUATED SANCTIONS HAS BEEN EXHAUSTED WITHOUT SUCCESS. S 75. The criminal procedure law is amended by adding a new section 410.90-a to read as follows: S 410.90-A SUPERIOR COURT; YOUTH PART. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS ARTICLE, ALL PROCEEDINGS RELATING TO A JUVENILE OFFENDER SHALL BE HEARD IN THE YOUTH PART OF THE SUPERIOR COURT HAVING JURISDICTION AND ANY INTRASTATE TRANSFERS UNDER THIS ARTICLE SHALL BE BETWEEN COURTS DESIGNATED AS A YOUTH PART PURSUANT TO ARTICLE SEVEN HUNDRED TWENTY-TWO OF THIS CHAPTER. S 76. 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 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 juve- nile detention facility for the reception of children. Where such a direction is made the sheriff shall deliver the principal in accordance therewith and such person shall although lodged and cared for in a juve- nile 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 pris- on, 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 77. 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 was at least sixteen years old and less than [nine- teen] 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 78. 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: A. 9006--B 135 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 79. 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: 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, UNLESS THE DISTRICT ATTORNEY UPON MOTION WITH NOT LESS THAN SEVEN DAYS NOTICE TO SUCH PERSON OR HIS OR HER ATTORNEY DEMON- STRATES TO THE SATISFACTION OF THE COURT THAT THE INTERESTS OF JUSTICE REQUIRE OTHERWISE. S 79-a. 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] YOUTHFUL offender adjudication is not a judgment of conviction for a crime or any other offense, and does not operate as a disqualification 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 supervision and custody pursuant to section [two hundred fifty-nine-m] TWO HUNDRED 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 prosti- tute, 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 proceeding under section 170.80 of this chapter. S 80. The criminal procedure law is amended by adding a new article 722 to read as follows: A. 9006--B 136 ARTICLE 722 PROCEEDINGS AGAINST JUVENILE OFFENDERS; ESTABLISHMENT OF YOUTH PART AND RELATED PROCEDURES SECTION 722.00 PROBATION CASE PLANNING AND SERVICES. 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT. S 722.00 PROBATION CASE PLANNING AND SERVICES. 1. EVERY PROBATION DEPARTMENT SHALL CONDUCT A RISK AND NEEDS ASSESS- MENT OF ANY JUVENILE FOLLOWING ARRAIGNMENT BY A YOUTH PART WITHIN ITS JURISDICTION. THE COURT SHALL ORDER ANY SUCH JUVENILE TO REPORT WITHIN SEVEN CALENDAR DAYS TO THE PROBATION DEPARTMENT FOR PURPOSES OF ASSESS- MENT. SUCH JUVENILE SHALL HAVE THE RIGHT TO HAVE AN ATTORNEY PRESENT THROUGHOUT THE ASSESSMENT PROCESS. BASED UPON THE ASSESSMENT FINDINGS, THE PROBATION DEPARTMENT SHALL REFER THE JUVENILE TO AVAILABLE SPECIAL- IZED AND EVIDENCE-BASED SERVICES TO MITIGATE ANY RISKS IDENTIFIED AND TO ADDRESS INDIVIDUAL NEEDS. 2. ANY JUVENILE AGREEING TO UNDERGO SERVICES SHALL EXECUTE APPROPRIATE AND NECESSARY CONSENT FORMS, WHERE APPLICABLE, TO ENSURE THAT THE PROBATION DEPARTMENT MAY COMMUNICATE WITH ANY SERVICE PROVIDER AND RECEIVE PROGRESS REPORTS WITH RESPECT TO SERVICES OFFERED AND/OR DELIV- ERED INCLUDING, BUT NOT LIMITED TO, DIAGNOSIS, TREATMENT, PROGNOSIS, TEST RESULTS, JUVENILE ATTENDANCE AND INFORMATION REGARDING JUVENILE COMPLIANCE OR NONCOMPLIANCE WITH PROGRAM SERVICE REQUIREMENTS, IF ANY. 3. NOTHING SHALL PRECLUDE THE PROBATION DEPARTMENT AND JUVENILE FROM ENTERING INTO A VOLUNTARY WRITTEN/FORMAL CASE PLAN AS TO TERMS AND CONDITIONS TO BE MET, INCLUDING, BUT NOT LIMITED TO, REPORTING TO THE PROBATION DEPARTMENT AND OTHER PROBATION DEPARTMENT CONTACTS, UNDERGOING ALCOHOL, SUBSTANCE ABUSE, OR MENTAL HEALTH TESTING, PARTICIPATING IN SPECIFIC SERVICES, ADHERING TO SERVICE PROGRAM REQUIREMENTS, AND SCHOOL ATTENDANCE, WHERE APPLICABLE. SUCH JUVENILE SHALL HAVE THE RIGHT TO CONFER WITH COUNSEL PRIOR TO ENTERING INTO ANY SUCH CASE PLAN. FOLLOWING THE JUVENILE'S SUCCESSFUL COMPLETION OF THE CONDITIONS OF HIS OR HER CASE PLAN, THE COURT, WITH THE CONSENT OF THE DISTRICT ATTORNEY MAY DISMISS THE INDICTMENT OR ANY COUNT THEREOF IN ACCORDANCE WITH SECTION 210.40 OF THIS CHAPTER. 4. WHEN PREPARING A PRE-SENTENCE INVESTIGATION REPORT OF ANY SUCH YOUTH, THE PROBATION DEPARTMENT SHALL INCORPORATE A SUMMARY OF THE ASSESSMENT FINDINGS, ANY REFERRALS AND PROGRESS WITH RESPECT TO MITIGAT- ING RISK AND ADDRESSING ANY IDENTIFIED JUVENILE NEEDS. 5. THE PROBATION DEPARTMENT SHALL NOT TRANSMIT OR OTHERWISE COMMUNI- CATE TO THE DISTRICT ATTORNEY OR THE YOUTH PART ANY STATEMENT MADE BY THE JUVENILE OFFENDER TO A PROBATION OFFICER. THE PROBATION DEPARTMENT MAY MAKE A RECOMMENDATION REGARDING THE COMPLETION OF HIS OR HER CASE PLAN TO THE YOUTH PART AND PROVIDE RELEVANT INFORMATION. 6. NO STATEMENT MADE TO AN EMPLOYEE OR REPRESENTATIVE OF THE PROBATION DEPARTMENT MAY BE ADMITTED IN EVIDENCE PRIOR TO CONVICTION ON ANY CHARGE OR CHARGES RELATED THERETO OR, IN THE CASE OF A MATTER PROCEEDING BEFORE THE COURT UNDER THE FAMILY COURT ACT, PRIOR TO AN ADJUDICATION. S 722.10 YOUTH PART OF THE SUPERIOR COURT ESTABLISHED. 1. THE CHIEF ADMINISTRATOR OF THE COURTS IS HEREBY DIRECTED TO ESTAB- LISH, IN A SUPERIOR COURT IN EACH COUNTY OF THE STATE THAT EXERCISES CRIMINAL JURISDICTION, A PART OF COURT TO BE KNOWN AS THE YOUTH PART OF THE SUPERIOR COURT FOR THE COUNTY IN WHICH SUCH COURT PRESIDES. JUDGES PRESIDING IN THE YOUTH PART SHALL RECEIVE TRAINING IN SPECIALIZED AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMISSION BY ADOLES- A. 9006--B 137 CENTS. THE YOUTH PART SHALL HAVE EXCLUSIVE JURISDICTION OF ALL PROCEEDINGS IN RELATION TO JUVENILE OFFENDERS, EXCEPT AS PROVIDED IN SECTION 180.75 OF THIS CHAPTER. 2. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL ALSO DIRECT THE PRESID- ING JUSTICE OF THE APPELLATE DIVISION, IN EACH JUDICIAL DEPARTMENT OF THE STATE, TO DESIGNATE MAGISTRATES TO SERVE AS ACCESSIBLE MAGISTRATES, FOR THE PURPOSE OF ACTING AS A YOUTH PART FOR CERTAIN INITIAL PROCEEDINGS INVOLVING YOUTHS, AS PROVIDED BY LAW. MAGISTRATES SO DESIG- NATED SHALL BE SUPERIOR COURT JUDGES AND JUDGES OF OTHER COURTS, IN EACH COUNTY OF THE STATE, THAT EXERCISE CRIMINAL JURISDICTION. A JUDGE PRESIDING AS SUCH A MAGISTRATE SHALL RECEIVE TRAINING IN SPECIALIZED AREAS, INCLUDING, BUT NOT LIMITED TO, JUVENILE JUSTICE, ADOLESCENT DEVELOPMENT AND EFFECTIVE TREATMENT METHODS FOR REDUCING CRIME COMMIS- SION BY ADOLESCENTS. S 722.20 PROCEEDINGS IN A YOUTH PART OF SUPERIOR COURT. 1. WHEN A JUVENILE OFFENDER IS ARRAIGNED BEFORE A YOUTH PART OR TRANS- FERRED TO A YOUTH PART PURSUANT TO SECTION 180.75 OF THIS CHAPTER, THE PROVISIONS OF THIS ARTICLE SHALL APPLY. 2. IF AN ACTION IS NOT REMOVED TO THE FAMILY COURT PURSUANT TO THE APPLICABLE PROVISIONS OF THIS CHAPTER, THE YOUTH PART SHALL HEAR THE CASE SITTING AS A CRIMINAL COURT OR, IN ITS DISCRETION, WHEN THE DEFEND- ANT IS SIXTEEN OR SEVENTEEN YEARS OF AGE THE YOUTH PART MAY RETAIN IT AS A JUVENILE DELINQUENCY PROCEEDING FOR ALL PURPOSES, AND SHALL MAKE SUCH PROCEEDING FULLY SUBJECT TO THE PROVISIONS AND GRANT ANY RELIEF AVAIL- ABLE UNDER ARTICLE THREE OF THE FAMILY COURT ACT. S 81. The opening paragraph of section 725.05 of the criminal proce- dure law, as added by chapter 481 of the laws of 1978, is amended to read as follows: When a [court] YOUTH PART directs that an action or charge is to be removed to the family court the [court] YOUTH PART must issue an order of removal in accordance with this section. Such order must be as follows: S 82. Section 725.20 of the criminal procedure law, as added by chap- ter 481 of the laws of 1978, subdivisions 1 and 2 as amended by chapter 411 of the laws of 1979, is amended to read as follows: S 725.20 Record of certain actions removed. 1. The provisions of this section shall apply in any case where an order of removal to the family court is entered pursuant to a direction authorized by subdivision four of section 180.75, or section 210.43, or subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 of this chapter, or section 330.25 of this chapter. 2. When such an action is removed the court that directed the removal must cause the following additional records to be filed with the clerk of the county court or in the city of New York with the clerk of the supreme court of the county wherein the action was pending and with the division of criminal justice services: (a) A certified copy of the order of removal; (b) Where the direction is one authorized by subdivision four of section 180.75 of this chapter, a copy of [the] ANY statement of the district attorney made pursuant to paragraph (b) of subdivision six of section 180.75 of this chapter; (c) Where the direction is authorized by section 180.75, a copy of the portion of the minutes containing the statement by the court pursu- ant to paragraph (a) of subdivision six of such section 180.75; (d) Where the direction is one authorized by subparagraph (iii) of paragraph [(h)] (G) of subdivision five of section 220.10 or section A. 9006--B 138 330.25 of this chapter, a copy of the minutes of the plea of guilty, including the minutes of the memorandum submitted by the district attor- ney and the court; (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] ANY statement by the court pursuant to paragraph (a) of subdivision five of section 210.43 OF THIS CHAPTER; (f) Where the direction is one authorized by paragraph (b) of subdi- vision one of section 210.43 of this chapter, a copy of that portion of the minutes containing [the] ANY statement of the district attorney made pursuant to paragraph (b) of subdivision five of section 210.43 OF THIS CHAPTER; and (g) In addition to the records specified in this subdivision, such further statement or submission of additional information pertaining to the proceeding in criminal court in accordance with standards estab- lished by the commissioner of the division of criminal justice services, subject to the provisions of subdivision three of this section. 3. It shall be the duty of said clerk to maintain a separate file for copies of orders and minutes filed pursuant to this section. Upon receipt of such orders and minutes the clerk must promptly delete such portions as would identify the defendant, but the clerk shall neverthe- less maintain a separate confidential system to enable correlation of the documents so filed with identification of the defendant. After making such deletions the orders and minutes shall be placed within the file and must be available for public inspection. Information permit- ting correlation of any such record with the identity of any defendant shall not be divulged to any person except upon order of a justice of the supreme court based upon a finding that the public interest or the interests of justice warrant disclosure in a particular cause for a particular case or for a particular purpose or use. S 83. 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 84. Subdivision 4 of section 500-b of the correction law is REPEALED. S 85. Subparagraph 3 of paragraph (c) of subdivision 8 of section 500-b of the correction law is REPEALED. S 86. Subdivision 13 of section 500-b of the correction law is REPEALED. S 87. Intentionally omitted. S 87-a. Intentionally omitted. S 88. 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 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 A. 9006--B 139 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 89. Intentionally omitted. S 90. 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 91. 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 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 A. 9006--B 140 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 OR FOR ELIGIBLE YOUTH BEFORE OR SENTENCED UNDER THE YOUTH PART IN ACCORDANCE WITH ARTICLE SEVEN HUNDRED TWENTY-TWO OF THE CRIMINAL PROCEDURE LAW. 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 91-a. The executive law is amended by adding a new section 259-p to read as follows: S 259-P. INTERSTATE DETENTION. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, A DEFENDANT SUBJECT TO SECTION TWO HUNDRED FIFTY-NINE-MM OF THIS ARTICLE, MAY BE DETAINED AS AUTHORIZED BY THE INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION. 2. A DEFENDANT SHALL BE DETAINED AT A LOCAL CORRECTIONAL FACILITY, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION. 3. 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 91-b. Subdivision 16 of section 296 of the executive law, as sepa- rately 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- 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 A. 9006--B 141 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 160.56 OR 160.58 of the criminal procedure law, in connection with the licens- ing, employment or providing of credit or insurance to such individual; provided, further, that no person shall be required to divulge informa- tion pertaining to any arrest or criminal accusation of such individual not then pending against that individual which was followed by a termi- nation of that criminal action or proceeding in favor of such individ- ual, 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 160.56 OR 160.58 of the criminal procedure law. The provisions of this subdivision shall not apply to the licensing activities of governmental bodies in relation to the regulation 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 subdivi- sions 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 160.56 OR 160.58 of the criminal procedure law. S 92. 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] "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] 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. A. 9006--B 142 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 93. 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 94. Intentionally omitted. S 95. 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- 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 A. 9006--B 143 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 youth attend a full-time vocational or educational program and are like- ly to benefit from such program. S 96. 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 A. 9006--B 144 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 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 A. 9006--B 145 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-THREE to the custody of the department of 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. 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- A. 9006--B 146 VISION AND WHO ARE ABLE TO COMPLETE THE FULL-TERM OF THEIR COMMUNITY SUPERVISION SENTENCES BEFORE THEY TURN TWENTY-THREE YEARS OF AGE SHALL REMAIN WITH THE OFFICE OF CHILDREN AND FAMILY SERVICES FOR COMMUNITY 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 COMMUNITY SUPERVISION 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. 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 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 A. 9006--B 147 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 97. 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 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 A. 9006--B 148 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 ON OR AFTER DECEMBER FIRST, TWO THOUSAND FIFTEEN 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. 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 98. Subdivision 1 and subparagraph (iii) of paragraph (a) of subdi- vision 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: 1. (a) Notwithstanding any provision of law to the contrary, eligible expenditures by an eligible municipality for services to divert youth at risk of, alleged to be, or adjudicated as juvenile delinquents or persons alleged or adjudicated to be in need of supervision, or youth alleged to be or convicted as juvenile offenders from placement in detention or in residential care shall be subject to state reimbursement under the supervision and treatment services for juveniles program for up to sixty-two percent of the municipality's expenditures, subject to available appropriations and exclusive of any federal funds made avail- able for such purposes, not to exceed the municipality's distribution under the supervision and treatment services for juveniles program. A. 9006--B 149 (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. (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 99. 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 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, 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 A. 9006--B 150 OF CHILDREN AND FAMILY SERVICES, CERTIFIED OR APPROVED FAMILY BOARDING 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 distrib- ution from funds that have been appropriated specifically therefor 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 enforcement, 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 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 A. 9006--B 151 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 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 A. 9006--B 152 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[,] (1-A) TEMPORARY CARE, MAINTENANCE, AND SUPERVISION PROVIDED TO ALLEGED JUVENILE DELINQUENTS IN DETENTION FACILITIES CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, PENDING ADJUDICATION OF ALLEGED DELINQUEN- CY 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 TWENTY-ONE; 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 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, A. 9006--B 153 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 100. 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 100-a. Subdivision 1 of section 510 of the vehicle and traffic law, as amended by chapter 132 of the laws of 1986, is amended to read as follows: A. 9006--B 154 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 100-b. Severability. If any clause, sentence, paragraph, subdivi- sion, 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, para- graph, subdivision, 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 101. This act shall take effect immediately; provided, however, that: 1. sections one through twenty-four, twenty-six through fifty-nine, sixty-one through sixty-six, sixty-eight through seventy-six, and eighty through one hundred-b of this act shall take effect on January 1, 2018; 2. sections sixty-seven, seventy-seven, seventy-eight, and seventy- nine of this act shall take effect on the sixtieth day after it shall have become a law; 3. the amendments to subparagraph (ii) of paragraph (a) of subdivision 1 of section 409-a of the social services law, made by section fifty- three of this act shall not affect the expiration of such subparagraph and shall be deemed expired therewith; 4. the amendments to subdivision 4 of section 353.5 of the family court act made by section twenty-four of this act shall not affect the expiration and reversion of such subdivision pursuant to section 11 of subpart A of part G of chapter 57 of the laws of 2012, as amended, and shall expire and be deemed repealed therewith, when upon such date the provisions of section twenty-five of this act shall take effect; 5. the amendments to section 153-k of the social services law made by section forty-seven of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith; 6. the amendments to section 404 of the social services law made by section fifty-two of this act shall not affect the repeal of such section and shall expire and be deemed repealed therewith; 7. the amendments to subdivision 1 of section 70.20 of the penal law made by section fifty-eight of this act shall not affect the expiration of such subdivision and shall expire and be deemed repealed therewith; 8. the amendments to paragraph (f) of subdivision 1 of section 70.30 of the penal law made by section sixty-a of this act shall not affect the expiration of such paragraph and shall be deemed to expire there- with; 9. the amendments to subparagraph 1 of paragraph d of subdivision 3 of section 3214 of the education law made by section eighty-eight of this act shall not affect the expiration of such paragraph and shall be deemed to expire therewith; and 10. the amendments to the second undesignated paragraph of subdivision 4 of section 246 of the executive law made by section ninety-one of this act shall not affect the expiration of such paragraph and shall expire and be deemed repealed therewith. A. 9006--B 155 PART O 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least $141.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least $163.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least $193.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (d) for the period commencing January first, two thousand [sixteen] SEVENTEEN, 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 [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand [sixteen] SEVENTEEN, 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living alone, $820.00; and for an eligible couple living alone, $1204.00. (b) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living with others with or without in-kind income, $756.00; and for an eligible couple living with others with or without in-kind income, $1146.00. (c) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving family care, $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 individual receiving such care in any other county in the state, $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving residential care, $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, $1138.00; and (iv) for an eligible couple receiving such care in any A. 9006--B 156 other county in the state, two times the amount set forth in subpara- graph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual receiving enhanced residential care, $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this para- graph. (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 [sixteen] SEVENTEEN but prior to June thirtieth, two thousand [sixteen] SEVENTEEN. S 3. This act shall take effect December 31, 2016. PART P Section 1. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for purposes of the rural rental assistance program, a sum not to exceed twenty-two million two hundred ninety-two thousand dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, and subject to the approval of the New York state director of the budg- et, 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 authorized by this section, a total sum not to exceed twenty-two million two hundred ninety-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 authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2015- 2016 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance 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 project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than June 30, 2016. Notwithstanding any other provision of law to the contrary, such funds may be used by the corporation in support of contracts scheduled to expire in the fiscal year ending March 31, 2017 for as many as 10 addi- tional 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, 2017 for an additional one year period. S 2. Notwithstanding any other provision of law to the contrary, the housing finance agency may provide, for costs associated with the reha- bilitation of Mitchell Lama housing projects, a sum not to exceed forty-two million dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, 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 finance agency, for the purposes of reim- bursing any costs associated with Mitchell Lama housing projects author- A. 9006--B 157 ized by this section, a total sum not to exceed forty-two million 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 2015-2016 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, 2017. S 3. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for purposes of the neigh- borhood preservation program, a sum not to exceed eleven million six hundred fifty-four thousand dollars for the fiscal year ending March 31, 2017. Within this total amount one hundred fifty thousand dollars shall be used for the purpose of entering into a contract with the neighbor- hood preservation coalition to provide technical assistance and services to companies funded pursuant to article XVI of the private housing finance law. Notwithstanding any other provision of law to the contra- ry, 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 neighborhood pres- ervation program contracts authorized by this section, a total sum not to exceed eleven million six hundred fifty-four thousand dollars, such transfer to be made from (i) the special account of the mortgage insur- ance 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 2015-2016 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 main- tain 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, 2016. S 4. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for purposes of the rural preservation program, a sum not to exceed four million eight hundred sixty-four thousand dollars for the fiscal year ending March 31, 2017. 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 to the contrary, 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 A. 9006--B 158 contracts authorized by this section, a total sum not to exceed four million eight hundred sixty-four 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 2015-2016 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, 2016. S 5. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for purposes of the rural and urban community investment fund program created pursuant to article XXVII of the private housing finance law, a sum not to exceed nineteen million two hundred fifty thousand dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, 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 corpo- ration, for the purposes of reimbursing any costs associated with rural and urban community investment fund program contracts authorized by this section, a total sum not to exceed nineteen million two hundred fifty 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 deter- mined and certified by the state of New York mortgage agency for the fiscal year 2015-2016 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, 2017. S 6. Notwithstanding any other provision of law to the contrary, 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 ten million dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, 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 carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed ten million 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 A. 9006--B 159 the special account of the mortgage insurance fund, as determined and certified by the state of New York mortgage agency for the fiscal year 2015-2016 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, 2017. S 7. Notwithstanding any other provision of law to the contrary, 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 twelve million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2017. Notwith- standing any other provision of law to the contrary, 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 homes for working families program contracts authorized by this section, a total sum not to exceed twelve million seven hundred fifty 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 2015-2016 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, 2017. S 8. Notwithstanding any other provision of law to the contrary, the homeless housing and assistance corporation may provide, for purposes of the New York state supportive housing program, a sum not to exceed twen- ty-five million one hundred ninety thousand dollars for the fiscal year ending March 31, 2017. 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. Notwithstanding any other provision of law to the contra- ry, 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 twenty-five million one hundred ninety 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 2015-2016 in accordance with section 2429-b of the public authorities A. 9006--B 160 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, 2017. S 9. Notwithstanding any other provision of law to the contrary, the state office for the aging may provide, for costs associated with naturally occurring retirement communities, a sum not to exceed one million dollars for the fiscal year ending March 31, 2017. Notwith- standing any other provision of law to the contrary, 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 state office for the aging, for the purposes of reim- bursing any costs associated with naturally occurring retirement commu- nities authorized by this section, a total sum not to exceed one million 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 2015-2016 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, 2017. S 10. Notwithstanding any other provision of law to the contrary, the state office for the aging may provide, for costs associated with neigh- borhood naturally occurring retirement communities, a sum not to exceed one million dollars for the fiscal year ending March 31, 2017. Notwith- standing any other provision of law to the contrary, 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 state office for the aging, for the purposes of reim- bursing any costs associated with neighborhood naturally occurring retirement communities authorized by this section, a total sum not to exceed one million 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 2015-2016 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, 2017. A. 9006--B 161 S 11. This act shall take effect immediately. PART Q Section 1. Section 4 of subpart A of part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, is amended to read as follows: S 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2016] 2021. S 4. This act shall take effect immediately. PART R 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 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 SIXTEEN--TWO THOUSAND SEVENTEEN AND THEREAFTER SUCH STUDENTS SHALL RECEIVE FIVE THOUSAND TWO HUNDRED SIXTY-FIVE 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] THREE hundred ninety 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 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 chapter 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--nineteen hundred ninety-six and thereafter, three thousand twenty-five dollars, EXCEPT STARTING IN TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SUCH A. 9006--B 162 STUDENTS SHALL RECEIVE THREE THOUSAND ONE HUNDRED TWENTY-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 chapter 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] SIX hundred seventy-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 chapter 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] FIVE hundred fifty dollars; or S 7. Subdivision 2 of section 689-a of the education law, as added by chapter 260 of the laws of 2011, is amended to read as follows: 2. Each tuition credit pursuant to this section shall be an amount equal to the product of the total annual resident undergraduate tuition rate minus five thousand FIFTY dollars then multiplied by an amount equal to the product of the total annual award for the student pursuant to section six hundred sixty-seven of this article divided by an amount equal to the maximum amount the student qualifies to receive pursuant to clause (A) of subparagraph (i) of paragraph a of subdivision three of section six hundred sixty-seven of this article. S 8. This act shall take effect immediately; provided that the amend- ments to section 689-a of the education law made by section seven of this act shall be subject to the expiration and repeal of such section and shall expire and be deemed repealed therewith. PART S Section 1. This act enacts into law major components of legislation in relation to social services. Each component is wholly contained within a Subpart identified as Subparts A through D. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes references 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 Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Section 131-n of the social services law, as amended by section 16 of part B of chapter 436 of the laws of 1997, subdivision 1 as amended by chapter 373 of the laws of 2003, paragraph (c) of subdivi- sion 1 as amended by section 5 of part J of chapter 58 of the laws of 2014, subdivision 3 as amended by chapter 207 of the laws of 2001, is amended to read as follows: S 131-n. Exemption of income and resources. 1. THE RESOURCES IDENTI- FIED IN SUBDIVISION TWO OF THIS SECTION SHALL BE EXEMPT AND DISREGARDED AT APPLICATION IN CALCULATING THE AMOUNT OF BENEFITS OF ANY APPLICANT A. 9006--B 163 FOR ANY PUBLIC ASSISTANCE PROGRAM. AT RECERTIFICATION, RESOURCES DELINE- ATED IN SUBDIVISION TWO OF THIS SECTION SHALL NOT BE TAKEN INTO CONSID- ERATION WHEN DETERMINING ELIGIBILITY OR CALCULATING THE AMOUNT OF BENE- FITS OF ANY RECIPIENT FOR ANY PUBLIC ASSISTANCE PROGRAM. 2. The following resources shall be exempt and disregarded in calcu- lating the amount of benefits of any [household under] APPLICANT FOR any public assistance program: (a) cash and liquid or nonliquid resources up to [two] THREE thousand dollars, or [three] FOUR thousand FIVE HUNDRED dollars in the case of households in which any member is sixty years of age or older, (b) an amount up to [four thousand six hundred fifty] SEVEN THOUSAND FIFTY dollars in a separate bank account established by an individual while currently in receipt of assistance for the sole purpose of enabling the individual to purchase a first or replacement vehicle for the recipient to seek, obtain or maintain employment, so long as the funds are not used for any other purpose, (c) an amount [up to one thousand four] EQUAL TO THE GREATER OF FIVE THOUSAND ONE hundred SIXTY-FIVE dollars OR THE MAXIMUM TUITION ASSISTANCE PROGRAM AWARD AVAILABLE FOR THE CURRENT ACADEMIC YEAR in a separate bank account established by an individual while currently in receipt of assistance for the purpose of paying tuition at a two-year or four-year accredited post-secondary educational institution, so long as the funds are not used for any other purpose, (d) the home which is the usual residence of the household, (e) one automobile, [up to four thousand six hundred fifty dollars fair market value, provided, however, that if the automo- bile is needed for the applicant or recipient to seek or retain employ- ment or travel to and from work activities as defined in section three hundred thirty-six of this chapter, the automobile exemption shall be increased to nine thousand three hundred dollars, or such other higher dollar value as the local social services district may elect to adopt] FOR EACH MEMBER OF THE HOUSEHOLD WITH A DRIVER'S LICENSE, (f) one burial plot per household member as defined in department regulations, (g) bona fide funeral agreements [up to a total of one thousand five hundred dollars in equity value] per household member, (h) funds in an individ- ual development account established in accordance with subdivision five of section three hundred fifty-eight of this chapter and section four hundred three of the social security act [and], (i) [for a period of six months,] ANY real property which the household is making a good faith effort to sell, in accordance with department regulations and tangible personal property necessary for business or for employment purposes in accordance with department regulations, (J) RETIREMENT ACCOUNTS, INCLUD- ING BUT NOT LIMITED TO INDIVIDUAL RETIREMENT ACCOUNTS, 401(K)'S, 403(B)'S, AND KEOGH PLANS; AND (K) ALL 529 COLLEGE SAVINGS PLANS. If federal law or regulations require the exemption or disregard of addi- tional income and resources in determining need for family assistance, or medical assistance not exempted or disregarded pursuant to any other provision of this chapter, the department may, by regulations subject to the approval of the director of the budget, require social services officials to exempt or disregard such income and resources. Refunds resulting from earned income tax credits shall be disregarded in public assistance programs. COURT ORDERED CHILD SUPPORT WHICH IS PAID OR WITH- HELD FROM INCOME SHALL NOT BE CONSIDERED AVAILABLE INCOME. [2.] 3. If and to the extent permitted by federal law and regulations, amounts received under section 105 of Public Law 100-383 as reparation payments for internment of Japanese-Americans and payments made to indi- viduals because of their status as victims of Nazi persecution as defined in P.L. 103-286 shall be exempt from consideration as income or A. 9006--B 164 resources for purposes of determining eligibility for and the amount of benefits under any program provided under the authority of this chapter and under title XX of the Social Security Act. 4. OWNERSHIP OF ALL OTHER PERSONAL PROPERTY NOT EXEMPT IN SUBDIVISIONS TWO AND THREE OF THIS SECTION, SHALL BE EVALUATED BASED UPON ITS EQUITY VALUE. [3.] 5. The department is authorized to establish regulations defining income and resources, CONSISTENT WITH THIS SECTION. [The department is further authorized to promulgate regulations it deems necessary to prevent the improper establishment and use of accounts for purchase of first or replacement vehicles.] S 2. Subdivision (c) of section 153 of part B of chapter 436 of the laws of 1997, constituting the welfare reform act of 1997, as amended by chapter 187 of the laws of 2015, is amended to read as follows: (c) Section sixteen of this act shall take effect November 1, 1997 [and expire and be deemed repealed August 22, 2017]. S 3. This act shall take effect April 1, 2016. SUBPART B Section 1. Section 106 of the social services law, as amended by section 1 of part S of chapter 56 of the laws of 2014, is amended to read as follows: S 106. Powers of social services official to receive and dispose of a deed, mortgage, or lien. 1. A social services official responsible, by or pursuant to any provision of this chapter, for the administration of assistance [or care] granted or applied for [may] SHALL NOT accept a deed of real property and/or a mortgage thereon on behalf of the social services district for the assistance [and care] of a person at public expense [but such property shall not be considered as public property and shall remain on the tax rolls and such deed or mortgage shall be subject to redemption as provided in paragraph (a) of subdivision six hereof]. 2. [A social services official may not assert any claim under any provision of this section to recover] (A) NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, IF, PRIOR TO APRIL FIRST, TWO THOUSAND SIXTEEN, A SOCIAL SERVICES OFFICIAL ACCEPTED A DEED OF REAL PROPERTY AND/OR A MORT- GAGE ON BEHALF OF THE SOCIAL SERVICES DISTRICT FOR THE ASSISTANCE OF A PERSON AT PUBLIC EXPENSE, SUCH SOCIAL SERVICES OFFICIAL SHALL NOT ASSERT ANY CLAIM UNDER ANY PROVISION OF THIS SECTION TO RECOVER: (1) payments made as part of Supplemental Nutrition Assistance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP)[.]; [3. A social services official may not assert any claim under any provision of this section to recover] (2) payments of public assistance if such payments were reimbursed by child support collections[.]; [4. A social services official may not assert any claim under any provision of this section to recover] (3) payments of public assistance unless, before [it has accepted] a deed or mortgage WAS ACCEPTED from an applicant or recipient, [it has] THE OFFICIAL first received a signed acknowledgment from the applicant or recipient acknowledging that: [(a)] A. benefits provided as part of Supplemental Nutrition Assist- ance Program (SNAP), child care services, Emergency Assistance to Adults or the Home Energy Assistance Program (HEAP) may not be included as part of the recovery to be made under the mortgage or lien; and A. 9006--B 165 [(b)] B. if the applicant or recipient declines to provide the lien or mortgage the children in the household SHALL remain eligible for public assistance. [5. (a)] (B) SUCH PROPERTY SHALL NOT BE CONSIDERED PUBLIC PROPERTY AND SHALL REMAIN ON THE TAX ROLLS AND SUCH DEED OR MORTGAGE SHALL BE SUBJECT TO REDEMPTION AS PROVIDED IN SUBPARAGRAPH ONE OF PARAGRAPH (D) OF THIS SUBDIVISION. (C) (1) Until a deed, mortgage, or lien, accepted prior to [or after] the effective date of this [act,] SECTION is satisfied or otherwise disposed of, the social services district shall issue and mail to the last known address of the person [giving] WHO GAVE such deed or mort- gage, or his or her estate or those entitled thereto, a biennial accounting of the public assistance incurred and repairs and taxes paid on property. The social services district shall provide such accounting no later than February first, two thousand sixteen and biennially there- after. [(b)] (2) Such accounting shall include information regarding the debt owed as of the end of the district's most recent fiscal year including, but not limited to: [(1)] A. an enumeration of all public assistance incurred by the person [giving] WHO GAVE such deed or mortgage or his or her household to date; [(2)] B. the current amount of recoverable public assistance under the deed or mortgage; [(3)] C. the amount of any credits against public assistance including but not limited to: [A.] (I) the amount of child support collected and retained by the social services district as reimbursement for public assistance; [B.] (II) recoveries made under section one hundred four of this title; [C.] (III) recoveries made under section one hundred thirty-one-r of this chapter. [(4)] D. Said accounting shall also provide information regarding the manner in which payments may be made to the social services district to reduce the amount of the mortgage or lien. [(c)] (3) In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARA- GRAPH ONE OF THIS PARAGRAPH, no public assistance shall be recoverable under this section for the previous two fiscal years. In the event that a biennial accounting is not issued and mailed to the last known address of the person [giving] WHO GAVE such deed or mortgage or his or her estate or those entitled thereto, within the time period required in [paragraph (a) of this subdivision] SUBPARAGRAPH ONE OF THIS PARAGRAPH, and such person has received no recoverable public assistance in the district's most recent fiscal year, no public assistance shall be recov- erable under this section for the most recent two fiscal years where public assistance remains recoverable. [6. (a) (1)] (D) (1) A. Until such property or mortgage is sold, assigned or foreclosed pursuant to law by the social services official, the person [giving] WHO GAVE such deed or mortgage, or his OR HER estate or those entitled thereto, may redeem the same by the payment of all expenses incurred for the support of the person, and for repairs and taxes paid on such property, provided, however, that a social services official may enter into a contract for such redemption, subject to the A. 9006--B 166 provisions of this [paragraph] SUBPARAGRAPH, and containing such terms and conditions, including provisions for periodic payments, without interest, for an amount less than the full expenses incurred for the support of the person and for repairs and taxes paid on such property (hereinafter called a "lesser sum"), which lesser sum shall in no event be less than the difference between the appraised value of such property and the total of the then unpaid principal balance of any recorded mort- gages and the unpaid balance of sums secured by other liens against such property. [(2)] B. In the case of a redemption for a lesser sum, the social services official shall obtain (i) an appraisal of the current market value of such property, by an appraiser acceptable to both parties, and (ii) a statement of the principal balance of any recorded mortgages or other liens against such property (excluding the debt secured by the deed, mortgage or lien of the social services official). Any expenses incurred pursuant to this [paragraph] SUBPARAGRAPH shall be audited and allowed in the same manner as other official expenses. [(3)] C. Every redemption contract for any lesser sum shall be approved by the department upon an application by the social services official containing the appraisal and statement required by [subpara- graph two] CLAUSE B OF THIS SUBPARAGRAPH, a statement by the social services official of his OR HER reasons for entering into the contract for such lesser sum and any other information required by regulations of the department. [(4)] D. So long as the terms of the approved redemption contract are performed, no public sale of such property shall be held. [(5)] E. The redemption for a lesser sum shall reduce the claim of the social services official against the recipient on the implied contract under section one hundred four of this [chapter] TITLE or under any other law, to the extent of all sums paid in redemption. [(b)] (2) In order to allow a minimum period for redemption, the social services official shall not sell the property or mortgage until after the expiration of one year from the date he OR SHE received the deed or mortgage, but if unoccupied property has not been redeemed with- in six months from the date of death of the person who conveyed it to him OR HER by deed the social services official may thereafter, and before the expiration of such year, sell the property. [(c)] (3) Except as otherwise provided in this chapter, upon the death of the person or his OR HER receiving institutional care, if the mort- gage has not been redeemed, sold or assigned, the social services offi- cial may enforce collection of the mortgage debt in the manner provided for the foreclosure of mortgages by action. [(d)](4) Provided the department shall have given its approval in writing, the social services official may, when in his OR HER judgment it is advisable and in the public interest, release a part of the prop- erty from the lien of the mortgage to permit, and in consideration of, the sale of such part by the owner and the application of the proceeds to reduce said mortgage or to satisfy and discharge or reduce a prior or superior mortgage. [(e)](5) While real property covered by a deed or mortgage is occu- pied, in whole or in part, by an aged, blind or disabled person who executed such deed or mortgage to the social services official for old age assistance, assistance to the blind or aid to the disabled granted to such person before January first, nineteen hundred seventy-four, the social services official shall not sell the property or assign or enforce the mortgage unless it appears reasonably certain that the sale A. 9006--B 167 or other disposition of the property will not materially adversely affect the welfare of such person. After the death of such person no claim for assistance granted him OR HER shall be enforced against any real property while it is occupied by the surviving spouse. [(f)](6) Except as otherwise provided, upon the death of a person who executed a lien to the social services official in return for old age assistance, assistance to the blind or aid to the disabled granted prior to January first, nineteen hundred seventy-four, or before the death of such person if it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such person, the social services official may enforce such lien in the manner provided by article three of the lien law. After the death of such person the lien may not be enforced against real property while it is occupied by the surviving spouse. [7.](E) The sale of any parcel of real property or mortgage on real property by the social services official, under the provisions of this section, shall be made at a public sale, held at least two weeks after notice thereof shall have been published in a newspaper having a general circulation in that section of the county in which the real property is located. Such notice shall specify the time and place of such public sale and shall contain a brief description of the premises to be sold, or upon which the mortgage is a lien, as the case may be. Unless in the judgment of the social services official, it shall be in the public interest to reject all bids, such parcel or mortgage shall be sold to the highest responsible bidder. [8.](F) It is permissible for social services officials to subordinate a mortgage taken on behalf of the social services district pursuant to this section. In the event that a social services official determines to subordinate a mortgage, or lien, he or she shall do so within thirty days of receipt of written notice that the mortgagor is attempting to modify their mortgage that is held by a mortgagee with superior lien rights and subordination of the social services district's mortgage is required by such mortgagee in order for it to approve or complete the modification. S 2. Section 360 of the social services law, as added by chapter 722 of the laws of 1951, subdivisions 1 and 3 as amended by section 92 of part B of chapter 436 of the laws of 1997, subdivision 2 as amended by chapter 909 of the laws of 1974, and subdivision 4 as amended by chapter 803 of the laws of 1959, is amended to read as follows: S 360. Real property of legally responsible relatives[; deeds and mortgages may be required]. [1.] The ownership of real property by an applicant or applicants, recipient or recipients who is or are legally responsible relatives of the child or children for whose benefit the application is made or the aid is granted, whether such ownership be individual or joint as tenants in common, tenants by the entirety or joint tenants, shall not preclude the granting of family assistance or the continuance thereof if he or they are without the necessary funds to maintain himself, herself or themselves and such child or children. [The social services official may, however, require, as a condition to the granting of aid or the continuance thereof, that he or she be given a deed of or a mortgage on such property in accordance with the provisions of section one hundred six. 2. However, while the property covered by the deed or mortgage is occupied, in whole or in part, by the responsible relative who gave such deed or mortgage to the social services official or, by a child for whose benefit the aid was granted the social services official shall not A. 9006--B 168 sell the property or assign or enforce the mortgage without the written consent of the department; and, when the property is occupied by such child, such consent shall not be given unless it appears reasonably certain that the sale or other disposition of the property will not materially adversely affect the welfare of such child. 3. The net amount recovered by the social services department from such property, less any expenditures approved by the department for the burial of the relative or the child who dies while in receipt of aid under this title, shall be used to repay the social services district, the state and the federal government their proportionate share of the cost of family assistance granted. The state and federal share shall be paid by the social services district to the state and the manner and amount of such payment shall be determined in accordance with the regu- lations of the department. 4. If any balance remains it shall belong to the estate of the legal- ly responsible relative or relatives and the public welfare district shall forthwith credit the same accordingly, and, provided they claim it within four years thereafter, pay it to the persons entitled thereto. If not so claimed within four years it shall be deemed abandoned proper- ty and be paid to the state comptroller pursuant to section thirteen hundred five of the abandoned property law. 5. The proceeds or moneys due the United States shall be paid or reported in such manner and at such times as the federal security agency or other authorized federal agency may direct.] S 3. This act shall take effect April 1, 2016. SUBPART C Section 1. Subdivision 1 of section 36-c of the social services law, as added by section 1 of part K of chapter 58 of the laws of 2010, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, in any social services district with a city having a population of one million or more, the social services district shall conduct a demonstration project as set forth in this section[, and shall evaluate and report on such project, pursuant to a plan approved by the office of temporary and disability assistance and the division of budget prior to the implemen- tation of the project]. S 2. Paragraph c of section 2 of part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demonstration project, is amended to read as follows: c. this act shall expire and be deemed repealed March 31, [2016] 2018. S 3. This act shall take effect immediately; provided, however, that the amendment to subdivision 1 of section 36-c of the social services law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith. SUBPART D Section 1. The social services law is amended by adding a new section 131-bb to read as follows: S 131-BB. FAMILY EVICTION PREVENTION SUPPLEMENT PROGRAM. 1. FAMILY EVICTION PREVENTION SUPPLEMENT PROGRAM. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A SOCIAL SERVICES DISTRICT IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION IS AUTHORIZED TO OPERATE A A. 9006--B 169 SHELTER ALLOWANCE SUPPLEMENT PROGRAM TO PREVENT EVICTION OF FAMILIES WITH CHILDREN IN ACCORDANCE WITH THIS SECTION. 2. SHELTER ALLOWANCE SUPPLEMENT. SUCH PROGRAM SHALL PROVIDE A SHELTER ALLOWANCE SUPPLEMENT IN AN AMOUNT UP TO THE MAXIMUM AMOUNT OF THE FAIR MARKET RENT IN THE DISTRICT, AS ESTABLISHED BY THE UNITED STATES DEPART- MENT OF HOUSING AND URBAN DEVELOPMENT, FOR THE HOUSEHOLD COMPOSITION OF ELIGIBLE INDIVIDUALS AS DEFINED IN SUBDIVISION THREE OF THIS SECTION. THE AMOUNT PROVIDED FOR SUCH SHELTER ALLOWANCE SUPPLEMENT SHALL NOT BE INCLUDED IN THE STANDARD OF NEED AS PRESCRIBED BY PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION ONE HUNDRED THIRTY-ONE-A OF THIS TITLE. 3. ELIGIBILITY. THE SHELTER ALLOWANCE SUPPLEMENT SHALL BE MADE AVAIL- ABLE TO INDIVIDUALS RESIDING IN SUCH CITY WHO ARE NEEDY FAMILIES WITH CHILDREN WHO ARE ELIGIBLE FOR FAMILY ASSISTANCE OR SAFETY NET ASSISTANCE WHO: A. MAY LOSE OR HAVE RECENTLY LOST HOUSING ACCOMMODATIONS DUE TO A PENDING OR RECENT EVICTION; OR B. HAVE BONA FIDE RENT ARREARS; OR C. ARE VICTIMS OF DOMESTIC VIOLENCE AS DEFINED IN SUBDIVISION ONE OF SECTION FOUR HUNDRED FIFTY-NINE-A OF THIS CHAPTER, WHO ARE ELIGIBLE FOR SERVICES PURSUANT TO SECTION FOUR HUNDRED FIFTY-NINE-B OF THIS CHAPTER. 4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE SUCH SOCIAL SERVICES DISTRICT TO OPERATE OR MAINTAIN ANY SHELTER ALLOWANCE SUPPLE- MENT PROGRAM TO PREVENT EVICTION, OR TO LIMIT OTHER MEANS AVAILABLE FOR PROVIDING SHELTER ALLOWANCE SUPPLEMENTS OR OPERATING OTHER SHELTER ALLOWANCE SUPPLEMENT PROGRAMS TO PREVENT EVICTION, OR TO CREATE AN ENTI- TLEMENT TO ANY SHELTER ALLOWANCE SUPPLEMENT PROVIDED IN ACCORDANCE WITH THIS SECTION. 5. EXPENDITURES FOR THE OPERATION OF A SHELTER ALLOWANCE SUPPLEMENT PROGRAM IN A CITY WITH A POPULATION IN EXCESS OF ONE MILLION SHALL BE SUBJECT TO REIMBURSEMENT BY THE STATE IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE OF THIS ARTICLE. S 2. This act shall take effect immediately. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or subpart thereof directly involved in the controversy in which such judgement shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through D of this act shall be as specifically set forth in the last section of such Subparts. PART T Section 1. This act enacts into law major components of legislation. Each component is wholly contained within a Subpart identified as Subparts A through E. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes references to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding A. 9006--B 170 section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Subdivision 1 of section 336-a of the social services law, as amended by section 4 of part J of chapter 58 of the laws of 2014, is amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities. Such activities [may] SHALL include but need not be limited to, high school education or education designed to prepare a participant for a high school equivalency certif- icate, basic and remedial education, education in English proficiency and no more than a total of four years of post-secondary education (or the part-time equivalent). Educational activities pursuant to this section may be offered with any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community college, licensed trade school, registered business school, or a two-year or four-year college; provided, however, that such post-secondary education must be necessary to the attainment of the participant's individual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment in a recognized occupation. When making any assignment to any educational activity pursuant to this subdivision, such assignment shall be permitted only to the extent that such assign- ment is consistent with the individual's assessment and employment plan goals in accordance with sections three hundred thirty-five and three hundred thirty-five-a of this title and shall require that the individ- ual maintains satisfactory academic progress and hourly participation is documented consistent with federal and state requirements. For purposes of this provision "satisfactory academic progress" shall mean having a cumulative C average, or its equivalent, as determined by the academic institution. The requirement to maintain satisfactory academic progress may be waived if done so by the academic institution and the social services district based on undue hardship caused by an event such as a personal injury or illness of the student, the death of a relative of the student or other extenuating circumstances. Any enrollment in post- secondary education beyond a twelve month period must be combined with no less than twenty hours of participation averaged weekly in paid employment or work activities or community service when paid employment is not available. S 2. 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 3. This act shall take effect April 1, 2016. SUBPART B A. 9006--B 171 Section 1. Section 332-b of the social services law is amended by adding two new subdivisions 4-a and 4-b to read as follows: 4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER, THE PRACTITIONER MUST PROVIDE AN EXPLICIT WRITTEN DETERMI- NATION AS TO WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S TREAT- ING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION AND PRESENT EVIDENCE THAT SUPPORTS THE OPINION. 4-B. IN THE EVENT THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S OPINION, THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S OPINION IS GENERALLY CONTROLLING, SUBJECT TO, BUT NOT LIMITED TO, THE FOLLOWING FACTORS: (A) THE LENGTH AND FREQUENCY OF THE TREATMENT PROVIDED, (B) CONSISTENCY OF THE OPINION WITH THE RECORD AS A WHOLE, (C) THE DEGREE TO WHICH THE OPINION IS SUPPORTED BY CONCRETE EVIDENCE, AND (D) THE PRACTITIONER'S SPECIALTY. S 2. This act shall take effect on the ninetieth day after it shall have become a law. SUBPART C 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 A. 9006--B 172 THREE HUNDRED THIRTY-TWO. THIS SECTION SHALL NOT APPLY TO INDIVIDUALS WHO: (I) SOLELY PARTICIPATE IN WORK ACTIVITIES THAT PROVIDE EARNED INCOME; OR (II) PARTICIPATE IN A COMBINATION OF WORK ACTIVITIES; FOR THE PORTION OF WORK ACTIVITIES THAT PROVIDE EARNED INCOME. (E) IN THE EVENT THAT A SOCIAL SERVICES DISTRICT MUST DISCONTINUE FUNDING TO A PRIORITY GROUP IT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH ACTION, IDENTIFYING THE PARTIC- ULAR GROUP AFFECTED. IN THE EVENT THAT FUNDING IS RESTORED, THE SOCIAL SERVICES DISTRICT SHALL NOTIFY THE OFFICE OF CHILDREN AND FAMILY SERVICES WITHIN TEN DAYS OF SUCH RESTORATION. (F) Each social services district shall collect and submit to the commissioner of the office of children and family services in a manner to be specified by the commissioner of the office of children and family services information concerning the disbursement of child care assist- ance funds showing geographic distribution of children receiving assist- ance within the district, THE NUMBER OF WORKING FAMILIES WHO WERE OTHER- WISE ELIGIBLE FOR CHILD CARE ASSISTANCE BUT WHO WERE DENIED BECAUSE THE DISTRICT LACKED SUFFICIENT FUNDING TO SERVE ALL ELIGIBLE FAMILIES AND THE NUMBER AND AGE OF CHILDREN WHO COULD NOT BE SERVED AS A RESULT. [(e)] (G) The commissioner of the office of children and family services shall submit a report to the governor, temporary president of the senate and the speaker of the assembly on or before August thirty- first[, two thousand one] OF EVERY YEAR concerning the implementation of this section. This report shall include information concerning the disbursement of child care assistance funds showing geographic distrib- ution of children receiving assistance within the state. BEGINNING AUGUST THIRTY-FIRST, TWO THOUSAND SEVENTEEN, SUCH REPORT, AND EACH SUBSEQUENT 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. SUBPART D Section 1. Section 341 of the social services law is REPEALED. S 2. Section 341-a of the social services law, as added by chapter 562 of the laws of 2015, is amended to read as follows: S [341-a] 341. Re-engagement; conciliation; refusal to participate. 1. [The provisions of this section shall apply to persons who are resi- dents of a city having a population of one million or more people. 2.] (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 appropriate child care, transportation, and accommodations for disability were in place at the time of such failure or refusal, the social services district shall issue a re-engagement notice in plain language indicating that such A. 9006--B 173 failure or refusal has taken place and of the right of such participant to 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 individ- ual'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 at a conciliation conference. The notice shall indicate that the participant has ten days to request re-engagement with the district. The notice shall indicate the specific instance or instances of willful refusal or failure to comply without good cause with the requirements of this title and the necessary actions that must be taken to avoid a pro-rata reduction in public assistance benefits and the district has verified that appropriate child care, transportation and accommodations for disa- bility were in place at the time of such failure or refusal. (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-en- gagement 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 ten days of the re-engagement notice, the district shall make a finding of wheth- er 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 participating in work activities, there shall be no finding of willfulness without good cause based on a single appointment or infrac- tion. (b) If the district determines that such failure or refusal was will- ful and without good cause, and that the individual is not exempt from the requirements of this title, the district shall notify such partic- ipant 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 individual'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. A. 9006--B 174 [3.] 2. (a) The department shall establish in regulation a concil- iation procedure for the resolution of disputes related to an individ- ual'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. (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 re-engagement process. [4.] 3. When any participant required to participate in work activ- ities fails to comply with the provisions of this title, the social services district shall take such actions as prescribed by appropriate federal law and regulation and this title. [5.] 4. Consistent with federal law and this title, a social services district shall provide to those participants whose failure to comply has continued for thirty days or longer a written reminder of the option to end a sanction by terminating the failure to comply as specified in subdivision [two] ONE of this section. Such notice shall advise that the participant may immediately terminate the sanction by either 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 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 [two] ONE of this section unless it has been determined that the individual is not exempt from the requirements of this title and has determined that appropriate child care, transportation and accommodations for disability were in place at the time of such failure or refusal to comply with the require- ments 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 3. Section 342 of the social services law is REPEALED. S 4. Section 342-a of the social services law, as added by chapter 562 of the laws of 2015, is amended to read as follows: A. 9006--B 175 S [342-a] 342. Noncompliance with the requirements of this title. 1. [The provisions of this section shall apply to persons who are residents of a city having a population of one million or more people. 2.] 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 period specified in this section. Good cause for failing to comply with the requirements of this title shall be defined in department regulations, provided, however, that the parent or caretaker relative of a child under thirteen years of age shall not be subject to the ineligibility provisions of this section if the individual can demonstrate, in accordance with the regulations of the office of children and family services, that lack of available child care prevents such individual from complying with the work requirements of this title. The parent or caretaker relative shall be responsible for locating the child care needed to meet the work requirements; provided, however, that the relevant social services district shall provide a parent or caretaker relative who demonstrates an inability to obtain needed child care with a choice of two providers, at least one of which will be a regulated provider. [3.] 2. In the case of an applicant for or recipient of public assist- ance whom the district has determined is not exempt from the require- ments of this title and who is a parent or caretaker of a dependent child, the public assistance benefits otherwise available to the house- hold of which such individual is a member shall be reduced pro-rata until the individual is willing 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. [4.] 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 other- wise available to the household of which such individual is a member shall be reduced pro-rata 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 activ- ities ceases. [5.] 4. A recipient of public assistance whom the district has deter- mined 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. [6.] 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 is related to his or her health status. S 5. This act shall take effect April 1, 2016. SUBPART E A. 9006--B 176 Section 1. Section 131 of the social services law is amended by adding a new subdivision 21 to read as follows: 21. IN ADDITION TO ANY REQUIREMENTS IN SECTION THREE HUNDRED THIRTY-TWO-B OF THIS CHAPTER, IF AT ANY TIME A LOCAL SOCIAL SERVICES DISTRICT HAS REASON TO BELIEVE THAT AN APPLICANT FOR OR RECIPIENT OF PUBLIC ASSISTANCE HAS A DISABILITY, WHICH MAY BE EVIDENCED BY THE FACT THAT AN INDIVIDUAL HAS FAILED TO SUCCESSFULLY COMPLETE THE PROCESS REQUIRED TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE, SUCH LOCAL SOCIAL SERVICES DISTRICT SHALL OFFER REASONABLE ACCOMMODATIONS TO ASSIST THE INDIVIDUAL IN SUCCESSFULLY COMPLETING SUCH PROCESSES. FOR THE PURPOSES OF THIS SUBDIVISION, "DISABILITY" SHALL HAVE THE SAME MEANING AS SET FORTH IN SUBDIVISION FIVE OF SECTION THREE HUNDRED THIRTY OF THIS CHAPTER. S 2. Subdivision 5 of section 330 of the social services law is renum- bered subdivision 9 and four new subdivisions 5, 6, 7, and 8 are added to read as follows: 5. "DISABILITY" SHALL MEAN A PHYSICAL OR MENTAL IMPAIRMENT THAT SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITY OF AN INDIVIDUAL. 6. "MAJOR LIFE ACTIVITY" SHALL INCLUDE BUT NOT BE LIMITED TO ANY PHYS- IOLOGICAL DISORDER OR CONDITION, COSMETIC DISFIGUREMENT, OR ANATOMICAL LOSS AFFECTING ONE OR MORE BODY SYSTEMS, SUCH AS NEUROLOGICAL, MUSCU- LOSKELETAL, SPECIAL SENSE ORGANS, RESPIRATORY (INCLUDING SPEECH ORGANS), CARDIOVASCULAR, REPRODUCTIVE, DIGESTIVE, GENITOURINARY, IMMUNE, CIRCULA- TORY, HEMIC, LYMPHATIC, SKIN AND ENDOCRINE, AS WELL AS ANY MENTAL OR PSYCHOLOGICAL DISORDER, SUCH AS INTELLECTUAL DISABILITY, ORGANIC BRAIN SYNDROME, EMOTIONAL OR MENTAL ILLNESS, AND SPECIFIC LEARNING DISABILI- TIES. 7. "MAJOR LIFE FUNCTION" SHALL INCLUDE BUT NOT BE LIMITED TO CARING FOR ONESELF, PERFORMING MANUAL TASKS, SEEING, HEARING, EATING, SLEEPING, WALKING, STANDING, SITTING, REACHING, LIFTING, BENDING, SPEAKING, BREATHING, LEARNING, READING, CONCENTRATING, THINKING, COMMUNICATING, INTERACTING WITH OTHERS, WORKING, AS WELL AS THE OPERATION OF MAJOR BODILY FUNCTIONS, INCLUDING FUNCTIONS OF THE IMMUNE SYSTEM, SPECIAL SENSE ORGANS AND SKIN, NORMAL CELL GROWTH, DIGESTIVE, GENITOURINARY, BOWEL, BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY, CARDIO- VASCULAR, ENDOCRINE, HEMIC, LYMPHATIC, MUSCULOSKELETAL, AND REPRODUCTIVE FUNCTIONS. 8. "EXECUTIVE FUNCTION" SHALL MEAN A SET OF MENTAL SKILLS AND PROC- ESSES UTILIZED IN AN INDIVIDUAL'S DAILY ACTIVITIES, INCLUDING BUT NOT LIMITED TO, IMPULSE CONTROL, WORKING MEMORY AND MENTAL FLEXIBILITY. S 3. Section 332-b of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, paragraph (b) of subdivi- sion 2 as amended by chapter 214 of the laws of 1998, is amended to read as follows: S 332-b. Disability program. 1. (a) Upon application and recertif- ication for public assistance benefits, or whenever a district has reason to believe that a [physical or mental impairment] DISABILITY may prevent the individual from SUCCESSFULLY COMPLETING ANY PROCESS REQUIRED TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR fully engaging in work activities, the social services district shall inquire whether the individual has any [medical condition] DISABILITY which would limit the individual's ability to SUCCESSFULLY COMPLETE ANY PROCESS REQUIRED TO RECEIVE OR CONTINUE TO RECEIVE PUBLIC ASSISTANCE OR participate in work activities pursuant to this title. (b) An individual who is eligible to receive comprehensive health services through a special needs plan defined in paragraph (m) or (n) of A. 9006--B 177 subdivision one of section three hundred sixty-four-j of this chapter, regardless of whether such a plan is operating in the individual's social services district of residence, shall be considered disabled and unable to engage in work activities or shall be considered work-limited. (C) A LOCAL SOCIAL SERVICES DISTRICT THAT UTILIZES A SCREENING OR ANY OTHER FORM OF ASSESSMENT TO DETERMINE WHETHER OR NOT AN INDIVIDUAL HAS A DISABILITY SHALL NOT CONDITION THE ELIGIBILITY OF BENEFITS ON THE WILL- INGNESS OR FAILURE OF AN INDIVIDUAL TO COMPLETE SUCH SCREENING OR ASSESSMENT. ANY SCREENING OR ASSESSMENT OFFERED IN A LOCAL SOCIAL SERVICES DISTRICT SHALL BE COMPLETED SOLELY AT THE OPTION OF THE APPLI- CANT FOR OR RECIPIENT OF BENEFITS AND SUCH APPLICANT OR RECIPIENT SHALL NOT BE DENIED, SANCTIONED, OR TERMINATED FROM BENEFITS ON THE GROUND THAT HE OR SHE DECLINED TO COMPLETE SUCH ASSESSMENT OR SCREENING OR DECLINED OR FAILED TO PARTICIPATE IN OR OBTAIN A PROFESSIONAL EVALU- ATION. 2. (a) [Under the circumstances set forth in subdivision one of this section,] IF AN APPLICANT FOR OR RECIPIENT OF PUBLIC ASSISTANCE HAS SELF-IDENTIFIED AS HAVING A DISABILITY, WRITTEN notice shall be provided to the individual of the opportunity to provide, within [ten] FIFTEEN calendar days, any relevant medical documentation, including but not limited to drug prescriptions and reports of the individual's treating health care practitioner, if any; such documentation must contain a specific diagnosis as evidenced by medically appropriate tests or evalu- ations and must particularize any work related limitations as a result of any such diagnosis. (b) If, [prior to submitting his or her medical documentation, the individual is referred to a health care practitioner certified by the office of disability determinations of the office of temporary and disa- bility assistance or, if applicable, to the contracted agency or insti- tution by or with which such health care practitioner is employed or affiliated for an examination pursuant to subdivision four of this section, such individual shall make best efforts to bring such documen- tation to the examination, and in no case shall provide such records to the examining health care practitioner certified by the office of disa- bility determinations or, if applicable, to the contracted agency or institution by or with which such health care practitioner is employed or affiliated later than four business days after such examination; provided that the individual may demonstrate good cause as defined in regulations, for failure to provide such records within the specific time periods] AT THE TIME SUCH WRITTEN NOTICE IS PROVIDED, THE INDIVID- UAL DOES NOT HAVE ANY RELEVANT MEDICAL DOCUMENTATION DESCRIBED IN PARA- GRAPH (A) OF THIS SUBDIVISION, THE INDIVIDUAL SHALL BE REFERRED TO AN INDEPENDENT HEALTH CARE PRACTITIONER OR TO A HEALTH CARE PRACTITIONER CERTIFIED BY THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE DETERMI- NATIONS FOR AN EXAMINATION AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION. [3.] (C) The district [may in its sole discretion] SHALL accept such MEDICAL documentation, DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION, THAT CONTAINS A SPECIFIC DIAGNOSIS AS EVIDENCED BY MEDICALLY APPROPRIATE TESTS OR EVALUATIONS as sufficient evidence that the individual cannot fully engage in work activities and in such case shall modify work assignments consistent with the findings in such medical documents. 3. THE HEALTH CARE PRACTITIONER WHO PERFORMS THE PROFESSIONAL EVALU- ATION AS DESCRIBED IN PARAGRAPH (D) OF THIS SUBDIVISION SHALL: (A) REVIEW AND CONSIDER ALL RECORDS OR INFORMATION PROVIDED BY THE INDIVIDUAL OR ANY RECORDS OR INFORMATION THAT ARE PERTINENT TO THE A. 9006--B 178 CLAIMED MEDICAL CONDITION PREVIOUSLY ON FILE WITH THE HEALTH CARE PRAC- TITIONER IF SUCH HEALTH CARE PRACTITIONER IS THE INDIVIDUAL'S PRIMARY TREATING PHYSICIAN; (B) MAKE A SPECIFIC DIAGNOSIS AS TO WHETHER THE INDIVIDUAL HAS A DISA- BLING CONDITION AS EVIDENCED BY MEDICALLY APPROPRIATE TESTS OR EVALU- ATIONS; (C) BASED ON THE HEALTH CARE PRACTITIONER'S SPECIFIC DIAGNOSIS, DETER- MINE WHETHER THE INDIVIDUAL IS: (I) DISABLED AND UNABLE TO ENGAGE IN WORK ACTIVITIES PURSUANT TO THIS TITLE INDEFINITELY OR FOR A STATED PERIOD OF TIME, IN WHICH CASE THE APPLICANT OR RECIPIENT SHALL BE EXEMPT IN ACCORDANCE WITH PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION THREE HUNDRED THIRTY-TWO OF THIS TITLE; (II) DISABLED BUT ABLE TO ENGAGE IN WORK LIMITED ACTIVITIES WITH STAT- ED LIMITATIONS PURSUANT TO THIS TITLE INDEFINITELY OR FOR A STATED PERI- OD OF TIME; (III) DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES PURSUANT TO THIS TITLE WITHOUT LIMITATIONS EITHER INDEFINITELY OR FOR A STATED PERI- OD OF TIME; OR (IV) NOT DISABLED; (D) RENDER TO THE INDIVIDUAL AND THE LOCAL SOCIAL SERVICES DISTRICT WITHIN TEN DAYS OF THE INDIVIDUAL'S APPOINTMENT: (I) THEIR DETERMINATION BASED ON MEDICALLY APPROPRIATE TESTS OR EVALU- ATIONS; (II) WHETHER SUCH INDIVIDUAL HAS A DISABILITY; (III) THE SEVERITY OF THE DISABILITY, IF ONE EXISTS; (IV) THE FUNCTIONAL LIMITATIONS RESULTING FROM THAT DISABILITY, IF ANY; AND (V) WHAT ACCOMMODATIONS, IF ANY, ARE APPROPRIATE AND NECESSARY; (E) IN THE EVENT THAT THE HEALTH CARE PRACTITIONER IDENTIFIES A CONDI- TION, OTHER THAN THE ALLEGED CONDITION, THAT MAY INTERFERE WITH THE INDIVIDUAL'S ABILITY TO SUCCESSFULLY NAVIGATE THE APPLICATION PROCESS OR FULLY ENGAGE IN WORK ACTIVITIES, THE PRACTITIONER SHALL REPORT SUCH CONDITION TO THE INDIVIDUAL AND THE DISTRICT AS WELL; AND (F) IF, DURING THE PROFESSIONAL EVALUATION IT IS DETERMINED THAT AN INDIVIDUAL HAS A DISABILITY, THE DISTRICT SHALL BE REQUIRED TO OFFER REASONABLE ACCOMMODATIONS NOT ONLY IN THE CONTEXT OF A RECIPIENT'S REQUIRED WORK ACTIVITY, BUT ALSO WITH REGARDS TO ANY OTHER PROCESS REQUIRED IN CONNECTION WITH RECEIVING PUBLIC ASSISTANCE. 4. [In instances where the district determines either that the documentation is insufficient to support an exemption from or limitation on work activities or that further medical evaluation is appropriate, the individual shall be referred to a health care practitioner certified by the Office of Disability Determinations of the Department of Social Services for an examination of such individual's medical condition. The health care practitioner who performs the examination of the indi- vidual shall: (a) review and consider all records or information provided by the individual or his or her treating health care practitioner that are pertinent to the claimed medical condition; (b) make a specific diagnosis as evidenced by medically appropriate tests or evaluations in determination of the individual's claimed condi- tion; (c) render to the individual and the social services district, an opinion, particularizing the presence or absence of the alleged condi- tion; and A. 9006--B 179 (d) [In] IN the event that he or she identifies a condition, other than the alleged condition, that may interfere with the individual's ability to fully engage in work activities, the practitioner shall report such condition; and (e) determine whether the individual is: (i) disabled and unable to engage in work activities pursuant to this title for a stated period of time, in which case the applicant shall be exempt in accordance with paragraph (a) of subdivision one of section three hundred thirty-two of this title; (ii) for a stated period of time, not disabled, but work limited, and able to engage in work activities pursuant to this title, with stated limitations, or (iii) neither disabled nor work limited. 5.] When an applicant or recipient has requested or a social services official has directed a determination pursuant to this section, no assignment to work activities may be made until completion of such determination, unless the applicant or recipient agrees to a limited work assignment not inconsistent with the medical condition alleged by such person. [6.] 5. When an applicant or recipient receives notification of the examining medical professional's disability determination, he or she shall also be notified of his or her right to request a fair hearing within ten days of such notice. If such applicant timely requests a fair hearing, no assignment to work activities pursuant to this title may be made pending such hearing and determination unless the applicant or recipient agrees to a limited work assignment not inconsistent with the medical condition alleged by such person. [Provided, however, that if a social services district has reason to believe that such recipient or applicant does not actually suffer from a work limiting condition, the district shall provide the applicant or recipient with notice of poten- tial sanctions pursuant to subdivision three of section three hundred forty-two of this title, and provided further that recipients will be subject to sanctions pursuant to subdivision three of section three hundred forty-two of this title if the district determines, based on clear medical evidence, that there is no basis for the individual's claim that he or she is unable to fully engage in work activities, and that the individual intentionally misrepresented his or her medical condition. 7. Any applicant or recipient determined to be work limited pursuant to this section may be assigned to work activities only in accordance with the limitations and protections set forth in paragraph (e) of subdivision five of section three hundred thirty-five-b of this title.] 6. EVERY LOCAL SOCIAL SERVICES DISTRICT SHALL ENSURE THAT APPLICANTS FOR OR RECIPIENTS OF PUBLIC ASSISTANCE WHO HAVE A DISABILITY ARE PROVIDED REASONABLE ACCOMMODATIONS AS REQUIRED BY 42 U.S.C. 12101 ET SEQ., 29 U.S.C. 794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE, OR REGULATION. S 4. The section heading, subdivisions 1 and 2 of section 335 of the social services law, the section heading and subdivision 2 as amended by section 148 of part B of section 436 of the laws of 1997, and subdivi- sion 1 as amended by chapter 214 of the laws of 1998, are amended to read as follows: Assessments and employability plans for certain recipients [in house- holds with dependent children] OF PUBLIC ASSISTANCE. 1. Each social services official shall ensure that each recipient of public assistance who is [a member of a household with dependent chil- A. 9006--B 180 dren and is] eighteen years of age or older, or who is sixteen or seven- teen years of age and is not attending secondary school and has not completed high school or a high school equivalency program, receives an assessment of employability based on his or her educational level, including literacy and English language proficiency, basic skills profi- ciency, ACCESS TO child care, ANY IDENTIFIED OR KNOWN DISABILITY THAT LIMITS A MAJOR LIFE FUNCTION, NECESSARY AND REASONABLE ACCOMMODATIONS REQUIRED PURSUANT TO SUBDIVISION SIX OF SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE and other supportive services needs[; and], skills, prior work experience, training and vocational interests, AS WELL AS THE PARTICIPANT'S WORK PREFERENCES. This assessment shall include a review of family circumstances including a review of any special needs of a child. Such assessment shall be completed within [ninety] THIRTY days of the date on which such person is determined eligible for public assistance. An applicant for or recipient of public assistance may be assigned to work activities prior to completion of such assessment, PROVIDED THAT SUCH WORK ACTIVITY TAKES INTO CONSIDER- ATION ANY NECESSARY AND REASONABLE ACCOMMODATIONS INDICATED BY THE HEALTH CARE PRACTITIONER'S DETERMINATION IN ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION, OR ANY OTHER REASONABLE ACCOMMODATION REQUIRED IN ACCORDANCE WITH SUBDIVISIONS TWO AND SIX OF SECTION THREE HUNDRED THIR- TY-TWO-B OF THIS TITLE. 2. (a) Based on the assessment required by subdivision one of this section, the social services official, in consultation with the partic- ipant, shall develop an employability plan in writing which shall set forth the services that will be provided by the social services offi- cial, including but not limited to child care and other services and the activities in which the participant will take part, including child care and other services and shall set forth an employment goal for the participant AND HOW THEIR ASSIGNED WORK ACTIVITIES AND SERVICES WILL HELP THEM ACHIEVE THAT GOAL. [To the extent possible, the] THE employa- bility plan shall reflect the preferences of the participant in a manner that is consistent with the results of the participant's assessment and the need of the social services district to meet federal and state work activity participation requirements, and, if such preferences cannot be accommodated, the reasons shall be specified in the employability plan. The employability plan shall also take into account the participant's supportive services needs, available program resources, local employment opportunities, and where the social services official is considering an educational activity assignment for such participant, the participant's liability for student loans, grants and scholarship awards. [The] A WRITTEN COPY OF THE employability plan shall be explained AND PROVIDED to the participant. Any change to the participant's employability plan required by the social services official shall be PROVIDED IN WRITING, discussed with the participant and shall be documented in writing. NO LESS THAN ONCE PER YEAR, THE DISTRICT SHALL BE REQUIRED TO REVISIT THE PARTICIPANT'S EMPLOYABILITY PLAN AND ASSESS WHETHER THEIR ASSIGNED WORK ACTIVITIES AND SERVICES ARE SUCCESSFULLY ASSISTING THE INDIVIDUAL IN WORKING TOWARD OR REACHING THEIR EMPLOYMENT GOAL. IF THE DISTRICT DETER- MINES THAT THE ASSIGNED WORK ACTIVITIES AND SERVICES ARE NOT ASSISTING THE INDIVIDUAL IN WORKING TOWARD OR MEETING THEIR EMPLOYMENT GOALS BASED ON THEIR ASSESSMENT AND INPUT FROM THE PARTICIPANT, THEN THE DISTRICT SHALL REASSIGN THE PARTICIPANT TO A NEW WORK ACTIVITY THAT IS BETTER TARGETED TOWARD REACHING THEIR EMPLOYMENT GOALS. PROVIDED HOWEVER, IF SUCH INDIVIDUAL IS PARTICIPATING IN AN ACTIVITY INCLUDING BUT NOT LIMIT- ED TO EDUCATIONAL OR JOB TRAINING WHERE ADDITIONAL TIME IS NEEDED IN THE A. 9006--B 181 SPECIFIC WORK ACTIVITY FOR THE PARTICIPANT TO REACH THEIR EMPLOYMENT GOAL, THE PARTICIPANT SHALL REMAIN IN THE PARTICULAR WORK ACTIVITY, AND THE WORK ACTIVITY SHALL BE REASSESSED AT A LATER DATE. S 5. Section 335-a of the social services law is REPEALED. S 6. Paragraphs (e) and (f) of subdivision 5 and subdivision 6 of section 335-b of the social services law, as added by section 148 of part B of chapter 436 of the laws of 1997, are amended to read as follows: (e) Notwithstanding any other requirement of this section, individuals in receipt of public assistance and who are DETERMINED TO HAVE A DISA- BILITY AND CATEGORIZED AS EITHER work limited OR DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES in accordance with section three hundred thirty-two-b of this title shall NOT be assigned to work activities in accordance with this title [only if] UNLESS such assignment[: (i)] is consistent with the individual's treatment plan [and is deter- mined to] DEVELOPED BY THE SOCIAL SERVICES DISTRICT BASED ON FINDINGS ESTABLISHED BY THE INDIVIDUAL'S TREATING HEALTH CARE PRACTITIONER THAT MADE THE DISABILITY DETERMINATION PURSUANT TO SUBDIVISION THREE OF SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE. SUCH TREATMENT PLAN SHALL be appropriate [by the social services official who is satisfied that] AND CONSISTENT WITH LIMITATIONS PRESCRIBED BY THE TREATING HEALTH CARE PRACTITIONER IN ORDER FOR such person [is] TO BE able to perform the work assigned and [that] such assignment will assist the individ- ual's transition to self-sufficiency. In the event that such assignment is not part of the individual's treatment plan, the individual shall be deemed to be engaged in work as defined in this subsection if he or she is complying with the requirements of his or her treatment plan. (ii) [where no treatment plan exists, is consistent with the individ- ual's mental and physical limitations. (f)] The social services district shall communicate ANY LIMITATIONS OR NECESSARY ACCOMMODATIONS to the person supervising the work assignment of [a work limited recipient any limitations of the recipient] AN INDI- VIDUAL DETERMINED TO HAVE A DISABILITY AND CATEGORIZED AS EITHER WORK LIMITED OR DISABLED BUT ABLE TO FULLY ENGAGE IN WORK ACTIVITIES IN ACCORDANCE WITH SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE. [6. Recipients of safety net assistance who are exempt or work limited pursuant to this title shall be determined to be engaged in work as defined by department regulation.] S 7. Paragraphs (d) and (f) of subdivision 1 of section 336 of the social services law, as amended by section 148 of part B of chapter 436 of the laws of 1997, are amended to read as follows: (d) work experience in the public sector or non-profit sector, [(including work associated with refurbishing publicly assisted housing) if sufficient private sector employment is not available] THAT PROVIDES AN INDIVIDUAL WITH AN OPPORTUNITY TO ACQUIRE THE GENERAL SKILLS, KNOW- LEDGE, AND WORK HABITS NECESSARY TO IMPROVE BOTH THE EMPLOYABILITY OF THE INDIVIDUAL AND THEIR ABILITY TO OBTAIN EMPLOYMENT. SUCH PROGRAMS PROVIDING WORK EXPERIENCE SHALL FOCUS ON PROVIDING A CONTINUUM OF EDUCA- TION AND OCCUPATIONAL TRAINING, INCLUDING APPLICABLE AND BENEFICIAL CERTIFICATIONS AND/OR LICENSURES, WHICH WILL LINK TO SUBSEQUENT EMPLOY- MENT. WHEN POSSIBLE, EDUCATION AND OCCUPATIONAL TRAINING SHALL BE FOCUSED TOWARD EMPLOYMENT OPPORTUNITIES IN EMERGING AND EXPANDING FIELDS WITHIN A RELATIVE GEOGRAPHIC LOCATION. SUCH PROGRAMS SHALL ALSO FOCUS ON EXECUTIVE FUNCTION DEFICITS AS DEFINED IN SUBDIVISION EIGHT OF SECTION THREE HUNDRED THIRTY OF THIS TITLE, AND PROVIDE TARGETED EDUCATION AND A. 9006--B 182 SKILLS DEVELOPMENT OPPORTUNITIES TO ASSIST INDIVIDUALS IN OVERCOMING SUCH DEFICIENCIES; (f) job search and job readiness assistance, provided that job search is an active and continuing effort to secure employment configured by the local social services official. HOWEVER, RECIPIENTS DETERMINED TO HAVE A DISABILITY PURSUANT TO SUBDIVISION TWO OF SECTION THREE HUNDRED THIRTY-TWO-B OF THIS TITLE, SHALL BE LIMITED TO PARTICIPATE IN SUCH WORK ACTIVITY FOR A PERIOD NOT TO EXCEED SIX WEEKS IN ANY ONE CALENDAR YEAR, UNLESS THE DISTRICT HAS MADE A SPECIFIC FINDING THROUGH THE INDIVIDUAL'S ASSESSMENT AS PART OF THEIR EMPLOYABILITY PLAN, THAT ADDITIONAL TIME IS NEEDED FOR SUCH INDIVIDUAL TO FIND GAINFUL EMPLOYMENT; S 8. Subdivisions 1 and 5 of section 336-a of the social services law, subdivision 1 as amended by section 4 of part J of chapter 58 of the laws of 2014, and subdivision 5 as amended by section 148 of part B of chapter 436 of the laws of 1997, are amended to read as follows: 1. Social services districts shall make available vocational educa- tional training and educational activities. Such activities may include but need not be limited to, high school education or education designed to prepare a participant for a high school equivalency certificate, basic and remedial education, education in English proficiency and no more than a total of four years of post-secondary education (or the part-time equivalent). Educational activities pursuant to this section may be offered with any of the following providers which meet the performance or assessment standards established in regulations by the commissioner for such providers: a community college, licensed trade school, registered business school, or a two-year or four-year college; provided, however, that such post-secondary education must be necessary to the attainment of the participant's individual employment goal as set forth in the employability plan and such goal must relate directly to obtaining useful employment in a recognized occupation. When making any assignment to any educational activity pursuant to this subdivision, such assignment shall be permitted only to the extent that such assign- ment is consistent with the individual's assessment and employment plan goals in accordance with [sections] SECTION three hundred thirty-five [and three hundred thirty-five-a] of this title and shall require that the individual maintains satisfactory academic progress and hourly participation is documented consistent with federal and state require- ments. For purposes of this provision "satisfactory academic progress" shall mean having a cumulative C average, or its equivalent, as deter- mined by the academic institution. The requirement to maintain satisfac- tory academic progress may be waived if done so by the academic institu- tion and the social services district based on undue hardship caused by an event such as a personal injury or illness of the student, the death of a relative of the student or other extenuating circumstances. Any enrollment in post-secondary education beyond a twelve month period must be combined with no less than twenty hours of participation averaged weekly in paid employment or work activities or community service when paid employment is not available. 5. Any applicant for or recipient of public assistance pursuing activ- ities described in this subdivision shall not be assigned to any other activity prior to conducting an assessment and developing an employabil- ity plan as prescribed in section three hundred thirty-five [or three hundred thirty-five-a] of this title. Local social services districts may periodically reevaluate a participant's employment plan and make assignments to other work activities in order to meet participation A. 9006--B 183 rates, giving due consideration to the participant's progress in the current, and if applicable, prior program. S 9. This act shall take effect on the one hundred eightieth day after it shall have become a law. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or subpart 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 subpart 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 3. This act shall take effect immediately, provided, however, that the applicable effective date of Subparts A through E of this act shall be as specifically set forth in the last section of such Subpart. PART U Section 1. Any lease, agreement, or contract for construction, exca- vation, demolition, rehabilitation, repair, renovation, alteration or improvement on a capital project shall be deemed public work and shall be subject to and performed in accordance with the provisions of article 8 of the labor law and compliance with all the provisions of article 8 of the labor law shall be required of any lessee, sub lessee, contrac- tor, or subcontractor on the capital project including the enforcement of prevailing wage requirements by the fiscal officer as defined in paragraph e of subdivision 5 of section 220 of the labor law where such capital project is: (a) wholly or partially funded by monies allocated, appropriated, or transferred from: the dedicated infrastructure investment fund; the dedicated highway and bridge trust fund; the New York Works Economic Development Fund; or (b) related to or authorized under: the Upstate Revitalization Initiative; the Thruway Stabilization Program; the Transportation Capital Plan; the Buffalo High Tech Manufacturing Innovation Hub; any Nano program; the Water Infrastructure Improvement Act; or the Downtown Revitalization Initiative. S 2. This act shall take effect immediately and shall apply to all capital projects in which contracts for the project are entered into on or after the effective date of this act. PART V Section 1. This act enacts into law components of legislation which are necessary to implement legislation relating to establishing and continuing various social services programs. Each component is wholly contained within a Subpart identified as Subparts A through C. The effective date for each particular provision contained within such Subpart is set forth in the last section of such Subpart. Any provision in any section contained within a Subpart, including the effective date of the Subpart, which makes a reference to a section "of this act", when A. 9006--B 184 used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Subpart in which it is found. Section three of this act sets forth the general effective date of this act. SUBPART A Section 1. Local anti-poverty task forces. 1. Subject to available appropriations, there are hereby created local anti-poverty task forces (hereinafter referred to as "task forces") to be located throughout the state. Such task forces shall: (a) except in a city with a population of one million or more be coor- dinated by a not-for-profit entity that is located or provides services, either directly or indirectly, in the municipality where the proposed task force would be located; and (b) be responsible for the identification of the factors which contribute to poverty, and implementation of plans to address such factors, in accordance with subdivision eight of this section. 2. The Commissioner of the office of temporary and disability assist- ance shall issue a request for proposal to determine the not-for-profit entity that shall coordinate the task forces as well as the amount of funding to be awarded. Provided, however, task forces located in a city with a population of one million or more shall not be required to respond to such request for proposal. The commissioner shall weigh the following factors in determining the not-for-profit entity that shall coordinate such task forces and the funding amount therefor; (a) the percentage of individuals living below the poverty level, particularly the percentage of children living in poverty; (b) the percentage of homeless individuals in the region, particularly the percentage of homeless children; (c) the availability and accessibility of resources or services for individuals living in poverty, and the extent to which those resources or services could be expanded; (d) the ability of the not-for-profit entity identified in the proposal to implement the requirements in subdivisions eight and ten of this section, including the extent to which they can utilize awarded funds to dedicate towards activities identified in paragraph (b) of subdivision eight of this section; (e) if a not-for-profit entity is already coordinating an anti-poverty task force or initiative and if such initiative or task force demon- strates that it is able to carry out the functions in subdivision eight of this section, the commissioner shall give appropriate weight to the work the initiative or task force has completed to date and the extent to which continued funding would benefit the community; and (f) any other relevant information the commissioner deems appropriate to address major poverty factors specific to the region. 3. The commissioner shall review each request for proposal, and require any additional information he or she deems necessary to ensure the requirements of subdivision eight can be met, prior to releasing any funds to the task forces. 4. Except where a state funded task force or initiative already exists and has received continued funding, each task force shall make all necessary efforts to be comprised of the following members: (a) individuals who have been in and/or are currently in receipt of public assistance; A. 9006--B 185 (b) advocates and not-for-profits from the public assistance, housing, criminal justice, disability, education, and child welfare communities; (c) representatives from the local social services districts; (d) local and state legislators; (e) local business owners; (f) educators and school administrators from local school districts; (g) professors and administrators from local colleges, including community colleges; and (h) any other individuals the task force deems necessary and appropri- ate to accomplish the responsibilities and duties of the task force. 5. The members of the task force shall not receive any compensation for their duties in connection to the task force. However, the members shall be entitled to reimbursement for any necessary expenses incurred in connection with the performance of their duties. 6. Any personal information about an individual obtained by a member of the task force shall only be used to carry out his or her responsi- bilities in accordance with subdivision eight of this section. 7. Each task force shall be entitled to, at minimum, five hundred thousand dollars within funds appropriated therefor, to carry out their duties and responsibilities prescribed in this section. Provided howev- er, that the amount used for planning shall not exceed the lesser of two hundred thousand fifty dollars, or twenty percent of the total award. Provided further, that an existing task force or initiative, or any other task force that has completed the requirements in paragraph (a) of subdivision eight of this section within the preceding three years may spend the entire amount of their award on the requirements set forth in paragraph (b) of subdivision eight of this section. 8. Each task force, where possible, shall work with the local social services district, and shall be responsible, either directly, or through contracts and within amounts appropriated, for the following: (a) identifying major contributing factors to poverty, including factors that are differential among or specific to certain types of regions; how such factors prevent individuals from becoming self suffi- cient; and to what extent such factors could be alleviated through state and/or local action; (b) planning and implementing strategies to address the factors iden- tified in paragraph (a) of this subdivision, including but not limited to the implementation or expansion of programs, within funds appropri- ated, that address the following: (i) alleviating the strain on families in poverty through services provided to parents and children in the home; (ii) providing enhanced career readiness and job training as well as linkage to available jobs for individuals receiving or otherwise eligi- ble for public assistance who have completed post-secondary education, or other vocational or career technical education programs; (iii) enhancing programs that are available for required work activ- ities for public assistance recipients to ensure that individuals are provided with an opportunity to acquire the general skills, knowledge, work habits and certifications or credentials necessary to improve their employability; (iv) providing mentors, or other assistance to individuals with disa- bilities so that such individuals can receive or continue to receive any form of public assistance for which they are eligible; (v) chronic homelessness or housing insecurity; (vi) any other major contributing factors identified by the task force that lead to or keep people in poverty; and A. 9006--B 186 (c) evaluating the effectiveness of the programs implemented or expanded under the task force in addressing the factors that contribute to poverty. 9. Local social services districts in the regions where task forces are located may refer applicants for or recipients of public assistance to a contact person at the non-profit entity coordinating a task force if the local social services district believes that the individual may benefit from the resources or services provided by such task force. 10. The task forces shall report to the governor, the speaker of the assembly, and the temporary president of the senate, no later than December 31, 2016, and annually thereafter until December 31, 2018, regarding the major factors which contribute to poverty that they have identified, as well as the programs implemented to alleviate such factors, including the amount of money spent for each program, the number of participants served, and the outcomes, to the extent it is known, of such participants. At the conclusion of the work of the task force, each task force shall submit a final report to the governor, speaker of the assembly, and the temporary president of the senate, which includes a summary of the work of the task force since its incep- tion, the cumulative amounts required in each annual report, and, to the extent practicable, updated outcomes of the participants served. 11. Any funding provided under this section shall not supplant funding for programs already in existence. S 2. This act shall take effect immediately and shall expire and be deemed repealed March 31, 2019. SUBPART B Section 1. Article 5 of the social services law is amended by adding a new title 14 to read as follows: TITLE 14 NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM GRANT SECTION 370-MM. NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVEST- MENT PROGRAM GRANT. S 370-MM. NEW YORK STATE NON-PROFIT INFRASTRUCTURE CAPITAL INVESTMENT PROGRAM GRANT. NOTWITHSTANDING SECTION SIXTEEN HUNDRED EIGHTY-J OF THE PUBLIC AUTHORITIES LAW, THERE SHALL BE CREATED A NEW YORK STATE NON-PRO- FIT 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 THIRTY-FIRST, TWO THOUSAND TWENTY-ONE 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. A. 9006--B 187 (B) THE MEMBERSHIP OF THE BOARD SHALL CONSIST OF THREE PERSONS APPOINTED BY THE GOVERNOR, OF WHOM ONE SHALL BE APPOINTED 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 THIRTY-FIRST, TWO THOUSAND SEVENTEEN, AND THEREAFTER THEIR SUCCESSORS SHALL SERVE FOR A TERM OF ONE YEAR ENDING ON MARCH THIRTY-FIRST IN EACH YEAR. UPON RECOMMENDATION OF THE NOMINATING PARTY, THE GOVERNOR SHALL REPLACE ANY MEMBER IN ACCORD- ANCE WITH THE PROVISIONS CONTAINED IN THIS SUBDIVISION FOR THE APPOINT- MENT 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 DESIGNATING MEMBER. A REPRESEN- TATIVE SHALL SERVE AT THE PLEASURE OF THE DESIGNATING MEMBER DURING THE MEMBER'S TERM OF OFFICE. A REPRESENTATIVE SHALL NOT BE AUTHORIZED TO DELEGATE ANY OF HIS OR HER DUTIES OR FUNCTIONS TO ANY OTHER PERSON. (C) 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 SEVENTEEN 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 FOUR OF SECTION FOUR HUNDRED SIXTY-FOUR-B OF THIS CHAPTER WHO PROVIDES DIRECT HUMAN SERVICES AS DEFINED IN SUBDIVISION THREE OF SUCH SECTION. (C) "HUMAN SERVICES" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDI- VISION THREE OF SECTION FOUR HUNDRED SIXTY-FOUR-B OF THIS CHAPTER. 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 PARAGRAPH (C) OF 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. A. 9006--B 188 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 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 ORGANIZATIONS SHALL SUBMIT A DETAINED PLAN WITH THEIR APPLICATIONS WHICH DEMONSTRATES HOW SUCH REQUEST FOR CAPITAL WOULD ALLOW SUCH ORGANIZATION TO IMPROVE THE QUALITY, EFFICIENCY AND ACCESSIBILITY OF SERVICES TO NEW YORKERS. SUCH PLAN SHALL FOCUS ON INVESTMENTS INCLUDING BUT NOT LIMITED TO TECHNOLOGY UPGRADES RELATED TO IMPROVING ELECTRONIC RECORDS, DATA ANALYSIS OR CONFIDENTIALITY, RENO- VATIONS OR EXPANSIONS OF SPACE USED FOR DIRECT HUMAN SERVICES, MODIFICA- TIONS 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; (VII) UPON THE REQUEST OF THE BOARD, FURTHER DETAIL OR MORE INFORMA- TION REGARDING SUBPARAGRAPHS (I) THROUGH (VI) OF THIS PARAGRAPH 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 PARAGRAPH (C) OF THIS SUBDI- VISION. 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 FIRST, TWO THOUSAND SIXTEEN AND MUST APPLY FOR SUCH GRANT NO LATER THAN AUGUST FIRST, TWO THOUSAND SIXTEEN. NOTHING HEREIN SHALL PRECLUDE A NON-PROFIT HUMAN SERVICES ORGANIZATION THAT IS LOCATED ON STATE OR MUNICIPALLY OWNED PROPERTY FROM RECEIVING A GRANT UNDER THIS SECTION UNLESS SUCH GRANT IS INTENDED TO BE UTILIZED FOR BUILDING AND STRUCTURAL IMPROVEMENTS OF THE NON-PROFIT HUMAN SERVICES ORGANIZATION. A. 9006--B 189 (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. SUBPART C Section 1. Section 131 of the social services law is amended by adding a new subdivision 21 to read as follows: 21. IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION THIRTY OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTICLE, OR ANY OTHER FUTURE REQUIREMENTS NECESSARY FOR THE IMPLEMENTATION OF THE INTEGRATED ELIGI- BILITY SYSTEMS DURING PHASE II AND PHASE III, FOR TEMPORARY ASSISTANCE, SUCH SYSTEMS SHALL: (A) CONTINUE TO COLLECT AND REPORT ON ALL DATA CURRENTLY COLLECTED AND EXPENDITURES MADE THEREFOR, DELINEATED BY TYPE OF ASSISTANCE, AND MAKE ALL SUCH INFORMATION PUBLICLY AVAILABLE; (B) ENSURE THE ABILITY FOR DOCUMENT IMAGING AND MANAGEMENT ACROSS SYSTEMS, WITH RECIPIENT ACCESS TO FILES, NOTICES AND UPCOMING APPOINT- MENTS THROUGH ELECTRONIC PORTALS; (C) ENSURE THE ABILITY FOR RECIPIENTS TO REPORT CHANGES AND SUBMIT DOCUMENTATION VIA SCAN; (D) MAINTAIN REASONS FOR APPLICATION DENIALS AND CASE CLOSINGS INCLUD- ING BUT NOT LIMITED TO: (I) INCOME (SUM INCOME LEVEL BY PERCENTAGE OF POVERTY), (II) SPECIFIC RESOURCES CATEGORIES, AS PROVIDED IN SECTION ONE HUNDRED THIRTY-ONE-N OF THIS TITLE; (III) FAILURE TO COMPLY WITH VARIOUS REQUIREMENTS INCLUDING BUT NOT LIMITED TO (A) FAILURE TO ATTEND A SCHED- ULED APPOINTMENT, AND (B) FAILURE TO PROVIDE NECESSARY DOCUMENTATION (WITH A REFERENCE TO THE SPECIFIC DOCUMENTATION NOT PROVIDED); (E) ENSURE ADEQUATE DATA IS MAINTAINED TO TRACK WHEN INDIVIDUALS REPEATEDLY APPLY FOR TEMPORARY ASSISTANCE, EVEN IF A CASE IS NOT OPEN OR BENEFITS ARE NOT ISSUED SO AN OVERVIEW OF AN INDIVIDUAL'S CONTACT WITH THE SYSTEM MAY BE MONITORED BY PROGRAM; (F) MAINTAIN INDIVIDUAL'S UTILIZATION OF LANGUAGE SERVICES DELINEATED BY TYPE AND FREQUENCY; (G) TRACK HOMELESS PLACEMENT OF RECIPIENTS BY COUNTY AS WELL AS THE COST PER BED PER TYPE OF SHELTER; (H) TRACK THE EXPENDITURES AND PREVALENCE OF EVICTION PREVENTION AND/OR UTILITY ARREARS THAT WERE PROVIDED TO RECIPIENTS; (I) TRACK THE TYPES OF GRANTS PROVIDED, INCLUDING EMERGENCY AND TRAN- SITIONAL BENEFITS BY COUNTY, AS WELL AS EXPENDITURES MADE THEREFOR; AND (J) TRACK ANY REQUESTS FOR ACCOMMODATIONS REQUIRED UNDER 42 U.S.C. 12101 ET SEQ., 29 U.S.C. 794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE, OR REGULATION. IT SHALL ALSO BE MAINTAINED WHEN SUCH REQUESTS ARE GRANTED, DENIED AND WHETHER AN APPEAL WAS REQUESTED, WITH SPECIFIC INFORMATION PROVIDED FOR EACH. S 2. Section 159 of the social services law is amended by adding a new subdivision 13 to read as follows: A. 9006--B 190 13. IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION THIRTY OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS ARTICLE, OR ANY OTHER FUTURE REQUIREMENTS NECESSARY FOR THE IMPLEMENTATION OF THE INTEGRATED ELIGI- BILITY SYSTEMS DURING PHASE II AND PHASE III, FOR SAFETY NET ASSISTANCE SUCH SYSTEMS, SHALL: (A) CONTINUE TO COLLECT AND REPORT ON ALL DATA CURRENTLY COLLECTED AND EXPENDITURES MADE THEREFOR, DELINEATED BY TYPE OF ASSISTANCE, AND MAKE ALL SUCH INFORMATION PUBLICLY AVAILABLE; (B) ENSURE THE ABILITY FOR DOCUMENT IMAGING AND MANAGEMENT ACROSS SYSTEMS, WITH RECIPIENT ACCESS TO FILES, NOTICES AND UPCOMING APPOINT- MENTS THROUGH ELECTRONIC PORTALS; (C) ENSURE THE ABILITY FOR RECIPIENTS TO REPORT CHANGES AND SUBMIT DOCUMENTATION VIA SCAN; (D) MAINTAIN REASONS FOR APPLICATION DENIALS AND CASE CLOSINGS INCLUD- ING BUT NOT LIMITED TO: (I) INCOME (SUM INCOME LEVEL BY PERCENTAGE OF POVERTY), (II) SPECIFIC RESOURCES CATEGORIES, AS PROVIDED IN SECTION ONE HUNDRED THIRTY-ONE-N OF THIS ARTICLE; (III) FAILURE TO COMPLY WITH VARI- OUS REQUIREMENTS INCLUDING BUT NOT LIMITED TO (A) FAILURE TO ATTEND A SCHEDULED APPOINTMENT, AND (B) FAILURE TO PROVIDE NECESSARY DOCUMENTA- TION (WITH A REFERENCE TO THE SPECIFIC DOCUMENTATION NOT PROVIDED); (E) ENSURE ADEQUATE DATA IS MAINTAINED TO TRACK WHEN INDIVIDUALS REPEATEDLY APPLY FOR SAFETY NET ASSISTANCE, EVEN IF A CASE IS NOT OPEN OR BENEFITS ARE NOT ISSUED, SO AN OVERVIEW OF AN INDIVIDUAL'S CONTACT WITH THE SYSTEM MAY BE MONITORED BY PROGRAM; (F) MAINTAIN INDIVIDUAL'S UTILIZATION OF LANGUAGE SERVICES DELINEATED BY TYPE AND FREQUENCY; (G) TRACK HOMELESS PLACEMENT OF RECIPIENTS BY COUNTY AS WELL AS THE COST PER BED PER TYPE OF SHELTER; (H) TRACK THE EXPENDITURES AND PREVALENCE OF EVICTION PREVENTION AND/OR UTILITY ARREARS THAT WERE PROVIDED TO RECIPIENTS; (I) TRACK THE TYPES OF GRANTS PROVIDED, INCLUDING EMERGENCY AND TRAN- SITIONAL BENEFITS BY COUNTY, AS WELL AS EXPENDITURES MADE THEREFOR; AND (J) TRACK ANY REQUESTS FOR ACCOMMODATIONS REQUIRED UNDER 42 U.S.C. 12101 ET SEQ., 29 U.S.C. 794, ARTICLE FIFTEEN OF THE EXECUTIVE LAW, OR ANY OTHER STATE OR FEDERAL LAW, RULE, OR REGULATION. IT SHALL ALSO BE MAINTAINED WHEN SUCH REQUESTS ARE GRANTED, DENIED AND WHETHER AN APPEAL WAS REQUESTED, WITH SPECIFIC INFORMATION PROVIDED FOR EACH. S 3. Section 410-w of the social services law is amended by adding a new subdivision 9 to read as follows: 9. IN ADDITION TO ANY REQUIREMENTS PROVIDED BY SUBDIVISION THIRTY OF SECTION THREE HUNDRED SIXTY-FOUR-J OF THIS CHAPTER, OR ANY OTHER FUTURE REQUIREMENTS NECESSARY FOR THE IMPLEMENTATION OF THE INTEGRATED ELIGI- BILITY SYSTEMS DURING PHASE II AND PHASE III, FOR CHILD CARE SUBSIDIES, SUCH SYSTEMS SHALL TRACK THE INCOME LEVEL OF FAMILIES RECEIVING CHILD CARE SUBSIDIES. S 4. 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 a court of compe- tent jurisdiction to be invalid, such judgments 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. A. 9006--B 191 S 3. This act shall take effect immediately provided, however, that the applicable effective date of Subparts A through C of this act shall be as specifically set forth in the last section of such Subparts. PART W Section 1. Subdivisions 3, 5 and 6 of section 6456 of the education law, as added by section 1 of part X of chapter 56 of the laws of 2015, are amended to read as follows: 3. A. Funds appropriated for FOSTER YOUTH SERVED IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR AND FOR THE CONTINUATION OF SUCH SERVICES AND PROGRAMS FOR THE STUDENTS SERVED IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR, FOR the purposes of this initiative shall be allocated by sector as follows: fifty-two percent for institutions in the state university of New York; thirty percent for institutions in the city university of New York; and eighteen percent for other degree-granting institutions in New York with current Arthur O. Eve higher education opportunity programs. B. FUNDS APPROPRIATED FOR FOSTER YOUTH IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSES OF THIS INITIATIVE SHALL BE ALLOCATED BY SECTOR BASED ON THE PERCENTAGE OF FOSTER YOUTH IDENTIFIED BY EACH INSTITUTION THAT WILL BE SERVED BY THIS INITIATIVE IN THE FOLLOWING ACADEMIC YEAR, IN APPLICA- TIONS RECEIVED BY THE COMMISSIONER PURSUANT TO SUBDIVISION SIX OF THIS SECTION. 5. Moneys made available to institutions under this section shall be spent for the following purposes: a. to provide additional services and expenses to expand opportunities through existing postsecondary opportunity programs at the state univer- sity of New York, the city university of New York, and other degree- granting higher education institutions for foster youth; b. to provide any necessary supplemental financial aid for foster youth, which may include the cost of tuition and fees, books, transpor- tation, HOUSING and other expenses as determined by the commissioner to be necessary for such foster youth to attend college; c. summer college preparation programs to help foster youth transition to college, prepare them to navigate on-campus systems, and provide preparation in reading, writing, and mathematics for foster youth who need it; or d. advisement, tutoring, and academic assistance for foster youth. 6. Eligible institutions shall file an application for approval by the commissioner no later than the first of [October] MAY each year demon- strating a need for such funding, including how the funding would be used and how many foster youth would be assisted with such funding. Successful applicants will be funded as provided in subdivision four of this section. S 2. This act shall take effect immediately. PART X Section 1. The public housing law is amended by adding a new section 19-a to read as follows: S 19-A. RENTAL ASSISTANCE FOR LOW-INCOME FAMILIES LIVING IN PRIVATE- LY-OWNED RENTAL HOUSING. 1. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION: A. 9006--B 192 (A) "LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME DOES NOT EXCEED FIFTY PERCENT OF AREA MEDIAN INCOME; (B) "VERY LOW-INCOME FAMILY" MEANS A FAMILY WHOSE INCOME DOES NOT EXCEED THIRTY PERCENT OF AREA MEDIAN INCOME; AND (C) "AREA MEDIAN INCOME" MEANS THE AREA MEDIAN INCOME FOR THE PRIMARY METROPOLITAN STATISTICAL AREA, OR FOR THE COUNTY IF LOCATED OUTSIDE A METROPOLITAN STATISTICAL AREA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, OR ITS SUCCESSOR, FOR A FAMILY OF FOUR, AS ADJUSTED FOR FAMILY SIZE. 2. SUBJECT TO FUNDS APPROPRIATED, THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL IMPLEMENT AND ADMINISTER A PROGRAM OF RENTAL ASSISTANCE FOR LOW-INCOME FAMILIES AND VERY LOW-INCOME FAMILIES LIVING IN PRIVATE- LY-OWNED RENTAL HOUSING. SUCH PROGRAM SHALL PROVIDE FIFTY PERCENT OF SUCH RENTAL ASSISTANCE TO VERY LOW INCOME FAMILIES; PROVIDED, HOWEVER, THAT THE COMMISSIONER OR HIS OR HER DESIGNEE MAY ADMIT A LOWER PERCENT- AGE OF VERY LOW-INCOME FAMILIES UPON A DETERMINATION THAT THE FOLLOWING CIRCUMSTANCES NECESSITATE THE USE OF SUCH LOWER PERCENT: (A) THE COMMISSIONER OR HIS OR HER DESIGNEE HAS OPENED ITS WAITING LIST FOR A REASONABLE AMOUNT OF TIME FOR ADMISSION; (B) THE COMMISSIONER OR HIS OR HER DESIGNEE HAS PROVIDED FULL PUBLIC NOTICE OF SUCH OPENINGS TO SUCH FAMILIES, AND HAS CONDUCTED OUTREACH AND MARKETING TO SUCH FAMILIES, INCLUDING OUTREACH AND MARKETING TO FAMILIES IN HOMELESS SHELTERS OR ON THE FEDERAL SECTION 8 AND/OR OTHER PUBLIC HOUSING WAITING LISTS OF ANY MUNICIPAL HOUSING AUTHORITIES IN THE STATE; AND (C) NOTWITHSTANDING SUCH ACTIONS BY THE COMMISSIONER OR HIS OR HER DESIGNEE, THERE ARE NOT ENOUGH VERY LOW-INCOME FAMILIES TO FILL THE AVAILABLE SLOTS IN THE PROGRAM DURING ANY FISCAL YEAR. 3. HOUSING ELIGIBLE FOR PARTICIPATION IN THE PROGRAM SHALL COMPLY WITH APPLICABLE STATE AND LOCAL HEALTH, HOUSING, BUILDING, AND SAFETY CODES. 4. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL ESTABLISH MAXIMUM RENT LEVELS FOR EACH MUNICIPALITY IN A MANNER THAT TAKES INTO CONSIDER- ATION CURRENT POVERTY AND HOMELESSNESS LEVELS IN ALL MUNICIPALITIES. ANY CERTIFICATE ISSUED PURSUANT TO THIS SECTION MAY BE USED FOR HOUSING IN ANY MUNICIPALITY IN THE STATE. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL INFORM CERTIFICATE HOLDERS THAT A CERTIFICATE MAY BE USED IN ANY MUNICIPALITY AND, TO THE EXTENT PRACTICABLE, THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL ASSIST CERTIFICATE HOLDERS IN FINDING HOUSING IN THE MUNICIPALITY OF THEIR CHOICE. 5. THE RENTAL ASSISTANCE VOUCHER SHALL BE USED WITHIN ONE HUNDRED TWENTY DAYS OF ISSUANCE. THE COMMISSIONER OR HIS OR HER DESIGNEE MAY EXTEND THE EXPIRATION DATE OF THE CERTIFICATE IN ONE OR MORE INCREMENTS. SUCH EXTENSIONS SHALL NOT EXCEED A TOTAL OF NINETY DAYS. THE CERTIFICATE HOLDER SHALL HAVE A MAXIMUM OF TWO HUNDRED TEN DAYS TO LOCATE SUITABLE HOUSING UNLESS THE COMMISSIONER FINDS GOOD CAUSE TO EXTEND THE MAXIMUM PERIOD. 6. NOTHING IN THIS SECTION SHALL GIVE ANY PERSON A RIGHT TO CONTINUED RECEIPT OF RENTAL ASSISTANCE AT ANY TIME THAT THE PROGRAM IS NOT FUNDED. 7. THE COMMISSIONER OR HIS OR HER DESIGNEE SHALL ADOPT REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF SECTION NINETEEN OF THIS ARTICLE TO CARRY OUT THE PURPOSES OF THIS SECTION. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO: (A) REQUIRING A WRITTEN NOTICE OF DENIAL TO BE PROVIDED TO APPLICANTS STATING WITH SPECIFICITY THE REASON FOR DENIAL; AND (B) THE APPEAL'S PROCESS AVAILABLE TO A DENIED APPLICANT. S 2. This act shall take effect immediately. A. 9006--B 193 PART Y Section 1. The private housing finance law is amended by adding a new article 28 to read as follows: ARTICLE XXVIII DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM SECTION 1233. DEFINITIONS. 1234. DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM. S 1233. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AREA MEDIAN INCOME" MEANS THE AREA MEDIAN INCOME FOR THE PRIMARY METROPOLITAN STATISTICAL AREA, OR FOR THE COUNTY IF LOCATED OUTSIDE A METROPOLITAN STATISTICAL AREA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, OR ITS SUCCESSOR, FOR A FAMILY OF FOUR, AS ADJUSTED FOR FAMILY SIZE. 2. "CONVERSION" SHALL MEAN ALL WORK NECESSARY TO CONVERT NONRESIDEN- TIAL PROPERTY INTO A RENTAL REHABILITATION PROJECT. 3. "CORPORATION" SHALL MEAN THE HOUSING TRUST FUND CORPORATION ESTAB- LISHED IN SECTION FORTY-FIVE-A OF THIS CHAPTER. 4. "ELIGIBLE APPLICANT" SHALL MEAN A CITY, TOWN, OR VILLAGE; A NOT-FOR-PROFIT CORPORATION IN EXISTENCE FOR A PERIOD OF ONE OR MORE YEARS PRIOR TO APPLICATION, WHICH IS, OR WILL BE AT THE TIME OF AWARD, INCORPORATED UNDER THE NOT-FOR-PROFIT CORPORATION LAW; A HOUSING DEVEL- OPMENT FUND COMPANY INCORPORATED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER; OR A MUNICIPAL HOUSING AUTHORITY CREATED PURSUANT TO THE PUBLIC HOUSING LAW. 5. "PRIVATE DEVELOPER" SHALL MEAN A PERSON, FIRM, PARTNERSHIP OR CORPORATION WHICH IS NOT OTHERWISE INCLUDED IN THE DEFINITION OF "ELIGI- BLE APPLICANT". 6. "PROJECT" SHALL MEAN A RENTAL PROJECT SERVING OR INTENDED TO SERVE PERSONS AGE SIXTY-TWO YEARS OR OLDER WITH AN AREA MEDIAN INCOME OF SIXTY PERCENT OR LESS. IN CASES WHERE ANY SUCH PROJECT CONSISTS OF LESS THAN THE TOTAL NUMBER OF UNITS OR THE TOTAL AMOUNT OF FLOOR SPACE OF A PROP- ERTY, ANY REFERENCE IN THIS ARTICLE TO A "PROJECT" OR "RENTAL PROJECT" SHALL MEAN THAT PORTION OF SUCH PROPERTY WHICH MAKES UP SUCH PROJECT. 7. "REHABILITATION" SHALL MEAN ALL WORK NECESSARY TO BRING A RESIDEN- TIAL PROPERTY INTO COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO THE INSTALLATION, REPLACEMENT OR REPAIR OF HEATING, PLUMBING, ELECTRICAL AND RELATED SYSTEMS AND THE ELIMINATION OF ALL HAZARDOUS AND IMMEDIATELY HAZARDOUS VIOLATIONS IN THE STRUCTURE IN ACCORDANCE WITH STATE AND LOCAL LAWS AND REGULATIONS OF STATE AND LOCAL AGENCIES. REHABILITATION MAY ALSO INCLUDE RECONSTRUCTION OR WORK TO IMPROVE THE HABITABILITY OR PROLONG THE USEFUL LIFE OF THE RESIDENTIAL PROPERTY. 8. "RENTAL PROJECT" SHALL MEAN ANY VACANT PROPERTY, OR ANY PORTION THEREOF, OR ANY NEW RESIDENTIAL CONSTRUCTION WHICH, SUBSEQUENT TO CONSTRUCTION, CONVERSION OR REHABILITATION UNDER THIS ARTICLE, WILL BE OWNED AND OPERATED AS RENTAL RESIDENTIAL PROPERTY. S 1234. DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM. 1. WITHIN THE LIMIT OF FUNDS AVAILABLE IN THE DEVELOPING AFFORDABLE SENIOR HOUSING PROGRAM, THE CORPORATION IS HEREBY AUTHORIZED TO ENTER INTO CONTRACTS WITH ELIGIBLE APPLICANTS AND/OR PRIVATE DEVELOPERS TO PROVIDE FINANCIAL ASSISTANCE FOR THE ACTUAL COSTS OF DEVELOPING AFFORDABLE SENIOR HOUSING PROJECTS. THE FINANCIAL ASSISTANCE SHALL BE EITHER IN THE FORM OF GRANTS OR LOANS, AS THE CORPORATION SHALL DETERMINE. SUCH CONTRACTS SHALL PROVIDE THAT A PRIVATE DEVELOPER, IF APPLICABLE, MAKE AN EQUITY INVEST- MENT OF THE GREATER OF (A) TWO AND ONE-HALF PERCENT OF PROJECT COSTS OR A. 9006--B 194 (B) FIVE PERCENT OF PROJECT COSTS LESS GRANTS WHICH ARE TO BE APPLIED TO SUCH COSTS. THE FOREGOING SHALL NOT PRECLUDE A PRIVATE DEVELOPER FROM MAKING A GREATER EQUITY INVESTMENT. ANY PAYMENTS, GRANTS OR LOANS MADE BY THE CORPORATION THAT REMAIN OUTSTANDING AT THE TIME OF RESALE SHALL BE SUBJECT TO REPAYMENT IN WHOLE OR IN PART UPON RESALE AFTER TERMI- NATION OF THE REGULATORY PERIOD AND AS OTHERWISE PROVIDED THEREIN. SUCH REPAYMENT PROVISIONS MAY SURVIVE THE END OF THE REGULATORY PERIOD. SUCH CONTRACTS MAY PROVIDE THAT ELIGIBLE APPLICANTS SHALL EITHER (C) PERFORM ACTIVITIES SPECIFIED UNDER THE CONTRACT THEMSELVES OR (D) ACT AS ADMIN- ISTRATORS OF A PROGRAM UNDER WHICH PROJECTS ARE REHABILITATED OR CONSTRUCTED OR CONVERTED BY OTHER ELIGIBLE APPLICANTS OR (E) PERFORM BOTH SUCH FUNCTIONS. IN THE CASE OF A MUNICIPALITY ACTING AS AN ADMINIS- TRATOR, FUNDS PROVIDED TO SUCH MUNICIPALITY HEREUNDER SHALL NOT BE DEEMED TO BE MUNICIPAL FUNDS. PAYMENTS, GRANTS AND LOANS SHALL BE ON SUCH TERMS AND CONDITIONS AS THE CORPORATION, OR THE ELIGIBLE APPLICANT WITH THE APPROVAL OF THE CORPORATION, AS THE CASE MAY BE, SHALL DETER- MINE. PAYMENTS, GRANTS AND LOANS SHALL BE USED TO PAY FOR THE ACTUAL AND NECESSARY COST OF ACQUISITION, CONSTRUCTION, REHABILITATION OR CONVER- SION, PROVIDED THAT NOT MORE THAN FIFTY PERCENT OF SUCH PAYMENTS, GRANTS AND LOANS RECEIVED FOR THE REHABILITATION, CONSTRUCTION OR CONVERSION OF A PROJECT MAY BE USED FOR THE COST OF THE PROJECT'S ACQUISITION AND NOT MORE THAN TEN PERCENT OF SUCH PAYMENTS, GRANTS AND LOANS MAY BE USED FOR THE REHABILITATION, CONSTRUCTION OR CONVERSION OF SUPPORTIVE HOUSING FACILITIES AND, PROVIDED FURTHER, THAT PAYMENTS, GRANTS OR LOANS SHALL NOT BE USED FOR (F) THE ADMINISTRATIVE COSTS OF AN ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOPER EXCEPT AS OTHERWISE AUTHORIZED BY LAW, (G) THE COST OF THE ACQUISITION, CONSTRUCTION, CONVERSION OR REHABILITATION OF RESIDENTIAL UNITS WHICH, SUBSEQUENT TO SUCH ACQUISITION, CONSTRUCTION, CONVERSION OR REHABILITATION, ARE TO BE OCCUPIED BY PERSONS OTHER THAN PERSONS OF AGE SIXTY-TWO YEARS OR ABOVE WITH AN AREA MEDIAN INCOME OF SIXTY PERCENT OR LESS, AND (H) THE COST OF THE ACQUISITION, CONSTRUCTION, CONVERSION OR REHABILITATION OF UNITS WHICH, SUBSEQUENT TO SUCH ACQUISITION, CONSTRUCTION, CONVERSION OR REHABILITATION, ARE OCCU- PIED OR TO BE OCCUPIED FOR OTHER THAN RESIDENTIAL PURPOSES, EXCEPT FOR SUPPORTIVE HOUSING FACILITIES AS DESCRIBED ABOVE. NO SUCH PAYMENTS, GRANTS OR LOANS SHALL EXCEED A TOTAL OF SEVENTY-FIVE THOUSAND DOLLARS PER DWELLING UNIT. AMONG THE CRITERIA THE CORPORATION SHALL CONSIDER IN DETERMINING WHETHER TO PROVIDE ADDITIONAL FUNDS, BUT NOT SUCH THAT THE SEVENTY-FIVE THOUSAND DOLLAR PER UNIT DWELLING LIMIT IS EXCEEDED, ARE: AVERAGE COST OF CONSTRUCTION IN THE AREA, LOCATION OF THE PROJECT AND THE IMPACT OF THE ADDITIONAL FUNDING ON THE AFFORDABILITY OF THE PROJECT FOR THE OCCUPANTS OF SUCH PROJECT. THE LENGTH OF ANY LOAN PROVIDED UNDER THIS ARTICLE SHALL NOT EXCEED THIRTY YEARS. 2. THE TOTAL PAYMENT PURSUANT TO ANY ONE CONTRACT SHALL NOT EXCEED SEVENTY-FIVE THOUSAND DOLLARS PER UNIT, AND THE CONTRACT SHALL PROVIDE FOR COMPLETION OF THE PROJECT WITHIN A REASONABLE PERIOD, AS SPECIFIED THEREIN, WHICH SHALL NOT IN ANY EVENT EXCEED THREE YEARS FROM ITS COMMENCEMENT. UPON REQUEST, THE CORPORATION MAY EXTEND THE TERM OF THE CONTRACT FOR UP TO TWO ADDITIONAL ONE YEAR PERIODS FOR GOOD CAUSE SHOWN BY THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOPER. 3. THE CORPORATION MAY AUTHORIZE THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOPER TO SPEND UP TO SEVEN AND ONE HALF PERCENT OF THE CONTRACT AMOUNT FOR APPROVED ADMINISTRATIVE COSTS ASSOCIATED WITH ADMINISTERING THE PROJECT. 4. THE CORPORATION SHALL REQUIRE THAT, IN ORDER TO RECEIVE FUNDS PURSUANT TO THIS ARTICLE, THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOP- A. 9006--B 195 ER SHALL SUBMIT A PLAN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, PROJECT FEASIBILITY, IMPACT ON THE COMMUNITY, BUDGET FOR EXPENDITURE OF PROJECT FUNDS, A SCHEDULE FOR COMPLETION OF THE PROJECT, AFFIRMATIVE ACTION AND MINORITY BUSINESS PARTICIPATION. 5. ALL PROJECTS RESULTING FROM A CONTRACT FROM THE CORPORATION AS A RESULT OF THIS CHAPTER SHALL BE OPERATED AS RENTAL PROPERTY, AND WHEN LOCATED IN THE CITY OF NEW YORK SHALL BE SUBJECT TO THE RENT STABILIZA- TION LAW OF NINETEEN HUNDRED SIXTY-NINE, AND WHEN LOCATED IN A MUNICI- PALITY WHICH HAS ELECTED TO BE COVERED BY THE PROVISIONS OF THE EMERGEN- CY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, BE SUBJECT TO THE PROVISIONS OF SUCH ACT. 6. NOTWITHSTANDING THE PROVISIONS OF, OR ANY REGULATION PROMULGATED PURSUANT TO, THE EMERGENCY HOUSING RENT CONTROL LAW, THE LOCAL EMERGENCY HOUSING RENT CONTROL ACT, OR LOCAL LAW ENACTED PURSUANT THERETO, THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE, OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, THE ELIGIBLE APPLICANT AND/OR PRIVATE DEVELOPER WITH THE APPROVAL OF THE CORPORATION SHALL NOT SET RENT LEVELS FOR ANY UNIT AT A LEVEL HIGHER THAN THIRTY PERCENT OF SUCH UNIT'S HOUSEHOLD GROSS INCOME FOR ANY RENTAL HOUSING ACCOMMODATION WHICH IS LOCATED IN A RENTAL PROJECT RECEIVING PAYMENTS, GRANTS OR LOANS UNDER THIS ARTICLE. 7. ANY RENTAL PROJECT WHICH RECEIVES PAYMENTS, GRANTS OR LOANS PURSU- ANT TO THIS ARTICLE SHALL BE SUBJECT TO THE APPLICABLE PROVISIONS AS A CONDITION OF RECEIVING SUCH PAYMENTS, GRANTS OR LOANS FOR A PERIOD OF TWENTY YEARS FOLLOWING COMPLETION OF REHABILITATION WORK, CONSTRUCTION OR CONVERSION OR FOR THE PERIOD DURING WHICH ANY LOAN OR INDEBTEDNESS RECEIVED UNDER THIS ARTICLE REMAINS OUTSTANDING, WHICHEVER IS GREATER, PROVIDED HOWEVER THAT ALL HOUSING ACCOMMODATIONS IN RENTAL PROJECTS SHALL CONTINUE TO BE SUBJECT TO THE RENT STABILIZATION LAW OF NINETEEN HUNDRED SIXTY-NINE OR THE EMERGENCY TENANT PROTECTION ACT OF NINETEEN SEVENTY-FOUR, AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, AS THE CASE MAY BE, FOR THE PERIOD SPECIFIED IN SUCH SUBDIVISION AND THEREAFTER THE APPLICABILITY OF SUCH LAWS SHALL TERMINATE AS TO EACH ACCOMMODATION UPON THE FIRST VACANCY WHICH OCCURS IN EACH ACCOMMODATION. 8. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS SECTION TO THE CONTRARY, IN THE CASE OF PROJECTS SUBJECT TO A MORTGAGE MADE BY ANY LENDER: (A) SUCH LENDER, IF NOT THE CORPORATION, SHALL GIVE THE CORPORATION NOTICE WHEN AN OWNER HAS DEFAULTED ON ANY PAYMENT OF PRINCIPAL OR INTER- EST ON SUCH MORTGAGE LOAN FOR A PROJECT FOR A PERIOD OF SIXTY CONSEC- UTIVE DAYS. (B) FOLLOWING RECEIPT OF SUCH NOTICE, OR AT SUCH EARLIER TIME AS THE CORPORATION DEEMS APPROPRIATE, THE CORPORATION SHALL SEEK TO CURE SUCH DEFAULT AND MAKE THE PROJECT ECONOMICALLY VIABLE BY ASSISTING THE OWNER IN ENTERING INTO A MORTGAGE MODIFICATION AGREEMENT WITH THE LENDER, A REFINANCING AGREEMENT, FINDING A NEW ELIGIBLE APPLICANT TO OWN THE PROJECT AND ASSUME THE OBLIGATIONS UNDER THE MORTGAGE OR TAKING SUCH OTHER ACTIONS, CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE, AS THE CORPORATION DEEMS APPROPRIATE. (C) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, WITH RESPECT TO ANY LENDER OTHER THAN THE CORPORATION, THE CORPORATION MAY PROVIDE IN AGREEMENTS RESPECTING ANY PROJECT THAT WHERE A LENDER SHALL HAVE FORECLOSED OR OBTAINED TITLE TO A PROJECT IN ACCORD- ANCE WITH LAW AND THE PROVISIONS OF ITS MORTGAGE, THE PROJECT OR PARTIC- ULAR RESIDENTIAL UNITS THEREIN SHALL NOT BE SUBJECT TO ONE OR MORE PROVISIONS OF THIS ARTICLE, OTHER THAN THE RENT STABILIZATION COVERAGE A. 9006--B 196 PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION. ANY AGREEMENT PURSUANT TO THIS PARAGRAPH SHALL ONLY BE MADE UPON A FINDING BY THE CORPORATION THAT SUCH AGREEMENT IS NECESSARY IN ORDER TO ENABLE A PROJECT OWNER TO OBTAIN A MORTGAGE LOAN FROM A LENDER OTHER THAN THE CORPORATION. S 2. This act shall take effect immediately. PART Z Section 1. The public housing law is amended by adding a new section 14-a to read as follows: S 14-A. NEW YORK STATE COMMUNITY AND HOUSING STABILIZATION FUND. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (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 ENCUMBERING THE RESIDENCE; (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 AND PRINCIPALLY INTENDED FOR OCCUPANCY BY ONE TO FOUR FAMILIES; (D) "HOMEOWNER" SHALL MEAN A NATURAL PERSON WHOSE HOME LOAN WAS ORIGI- NATED NO LESS THAN EIGHTEEN MONTHS PRIOR TO THE DATE OF APPLICATION, IS THE OCCUPANT OF A RESIDENCE THAT SECURES SUCH HOME LOAN, AND SUCH RESI- DENCE IS HIS OR HER PRINCIPAL DWELLING; (E) "ELIGIBLE INSTITUTION" SHALL MEAN A COMMUNITY DEVELOPMENT FINAN- CIAL INSTITUTION OR A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION PART- NERED WITH A NOT-FOR-PROFIT. SUCH ELIGIBLE COMMUNITY DEVELOPMENT FINAN- CIAL INSTITUTION SHALL HAVE A RECORD OF SUCCESS IN SERVING INVESTMENT AREAS OR TARGETED POPULATIONS; AND/OR WILL EXPAND ITS OPERATIONS INTO A NEW INVESTMENT AREA OR TO SERVE A NEW TARGETED POPULATION, OFFER MORE PRODUCTS OR SERVICES, OR INCREASE THE VOLUME OF ITS CURRENT BUSINESS. SUCH ELIGIBLE NOT-FOR-PROFIT SHALL HAVE THE ABILITY TO: COORDINATE AND/OR CONNECT HOMEOWNERS TO COUNSELING, MEDIATION, LEGAL REPRESEN- TATION, AND NEGOTIATE ON BEHALF OF HOMEOWNERS SEEKING A HOME LOAN PAYMENT MODIFICATION; PROVIDE TRAINING AND SUPPORT FOR COUNSELORS, MEDI- ATORS, AND ATTORNEYS REGARDING SUCH ASSISTANCE TO HOMEOWNERS; AND PROVIDE CREDIT COUNSELING; (F) "COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION" OR "CDFI" SHALL MEAN AN ORGANIZATION LOCATED IN THIS STATE WHICH HAS BEEN CERTIFIED AS A COMMUNITY DEVELOPMENT FINANCIAL INSTITUTION BY THE FEDERAL COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND, AS ESTABLISHED PURSUANT TO 12 U.S.C. 4701 ET SEQ., AS AMENDED FROM TIME TO TIME; AND A. 9006--B 197 (G) "INVESTMENT AREA" MEANS A GEOGRAPHIC AREA THAT IS DETERMINED BY THE COMMISSIONER AS MEETING CRITERIA INDICATIVE OF ECONOMIC DISTRESS, INCLUDING UNEMPLOYMENT RATE; FORECLOSURE RATE; PERCENTAGES AND NUMBERS OF LOW-INCOME PERSONS; PER CAPITA INCOME AND PER CAPITA REAL PROPERTY WEALTH; AND SUCH OTHER INDICATORS OF DISTRESS AS THE COMMISSIONER SHALL DETERMINE. ECONOMICALLY DISTRESSED AREAS MAY INCLUDE CITIES, MUNICI- PALITIES, BLOCK NUMBERING AREAS, AND CENSUS TRACTS. 2. THE COMMISSIONER SHALL ESTABLISH AND ADMINISTER A FUND TO BE KNOWN AS THE "NEW YORK STATE COMMUNITY AND HOUSING STABILIZATION FUND," WHICH SHALL CONSIST OF FUNDS DEPOSITED THEREIN. NOTHING CONTAINED IN THIS SECTION SHALL PREVENT THE COMMISSIONER FROM RECEIVING GRANTS, GIFTS, OR OTHER MONIES FROM OTHER SOURCES, OR BEQUESTS AND DEPOSITING THEM INTO THE FUND. THE COMMISSIONER SHALL NOT COMMINGLE THE MONIES IN SUCH FUND WITH ANY OTHER MONIES. THE COMMISSIONER SHALL ALSO: (A) DEVELOP AND IMPLEMENT A PLAN TO ADMINISTER THE FUND AS A REVOLVING LOAN FUND; (B) APPLY FOR PUBLIC OR PRIVATE GRANT MONEY THAT BECOMES AVAILABLE TO CARRY OUT THE PURPOSE OF THIS SECTION; AND (C) COORDINATE WITH MUNICIPALITIES TO IDENTIFY MORTGAGE NOTES THAT MAY BE ACQUIRED BY THE ELIGIBLE INSTITUTIONS. 3. THE MONIES IN THE FUND SHALL BE AWARDED TO ELIGIBLE INSTITUTIONS FOLLOWING THE REQUEST FOR PROPOSALS PROCESS ESTABLISHED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND USED TO: (A) PURCHASE MORTGAGE NOTES ON RESIDENCES AT DISCOUNTED RATES; (B) BE MADE AVAILABLE THROUGH GRANTS AND/OR LOANS TO ELIGIBLE HOMEOWNERS, SUCH ELIGIBILITY SHALL BE BASED ON REGULATIONS TO BE PROMULGATED BY THE COMMISSIONER; AND (C) ACQUIRE, PURCHASE, OR SELL RESIDENCES AND/OR MORTGAGE NOTES ON RESI- DENCES AT RATES THAT ARE DISCOUNTED, AT OR BELOW MARKET RATES FROM LEND- ERS, NOT-FOR-PROFITS COORDINATING THE TRANSFER OF PROPERTIES FROM FINAN- CIAL INSTITUTIONS, LOCAL, STATE, AND/OR FEDERAL GOVERNMENTS AT AUCTION, THROUGH SHORT SALE, OR OTHER SALE WITH THE INTENT TO: (I) WHERE POSSIBLE, MODIFY THE HOME LOAN TO AN AFFORDABLE RATE TO KEEP THE CURRENT HOMEOWNERS IN THE PROPERTY CONSIDERING THE HOMEOWNER'S NEED FOR ASSISTANCE AND OPPORTUNITY TO SUCCESSFULLY RESTRUCTURE THE APPLICA- BLE HOME LOAN TO ALLOW THE HOMEOWNER TO CONTINUE TO OCCUPY THE RESI- DENCE; (II) RENT OR SELL BACK TO HOMEOWNERS WITH AN AFFORDABLE LOAN; (III) FUND NOT-FOR-PROFIT DEVELOPMENT ENTITIES WHICH ACQUIRE VACANT AND ABANDONED PROPERTIES AND DEVELOP SUCH PROPERTIES INTO AFFORDABLE HOUSING; (IV) REHABILITATE DISTRESSED PROPERTIES FOR NEW OWNERS; AND/OR (V) DEMOLISH HOMES THAT ARE DILAPIDATED OR REASONABLY BEYOND REPAIR. 4. (A) IN AWARDING FUNDING TO ELIGIBLE INSTITUTIONS, THE COMMISSIONER SHALL SELECT FROM ELIGIBLE INSTITUTIONS PURSUANT TO CRITERIA ESTABLISHED BY REGULATION, WHICH CRITERIA SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) THE EXPERIENCE AND BACKGROUND OF THE ELIGIBLE INSTITUTION'S BOARD OF DIRECTORS OR MANAGEMENT TEAM; (II) THE EXTENT OF NEED WITHIN THE INVESTMENT AREAS OR TARGETED POPU- LATIONS; (III) THE EXTENT OF ECONOMIC DISTRESS WITHIN THE INVESTMENT AREAS OR THE EXTENT OF NEED WITHIN THE TARGETED POPULATIONS; (IV) THE EXTENT OF THE ELIGIBLE INSTITUTION'S CURRENT AND PLANNED COMMUNITY INVOLVEMENT; (V) THE EXTENT TO WHICH THE ELIGIBLE INSTITUTION WILL INCREASE ITS RESOURCES THROUGH COORDINATION WITH OTHER ELIGIBLE INSTITUTIONS OR ENCOURAGE COLLABORATIVE APPLICATIONS BY MULTIPLE ELIGIBLE INSTITUTIONS; A. 9006--B 198 (VI) IN THE CASE OF AN INSTITUTION WITH A PRIOR HISTORY OF SERVING INVESTMENT AREAS OR TARGETED POPULATIONS, THE EXTENT OF SUCCESS IN SERV- ING SUCH AREAS OR POPULATIONS; (VII) THE EXTENT TO WHICH ELIGIBLE INSTITUTIONS WOULD USE FUNDS TO RESTRUCTURE HOME LOANS TO ALLOW HOMEOWNERS TO CONTINUE TO OCCUPY THEIR RESIDENCES; AND (VIII) OTHER FACTORS DEEMED TO BE APPROPRIATE BY THE COMMISSIONER. (B) IN ALLOCATING FUNDING TO ELIGIBLE INSTITUTIONS, THE COMMISSIONER SHALL BE AUTHORIZED TO MAKE FUNDING AVAILABLE IN ANY MANNER NECESSARY FOR SUCH ELIGIBLE INSTITUTION TO PARTICIPATE IN AUCTIONS DISPOSING OF MORTGAGE NOTES, INCLUDING PROVIDING THE ELIGIBLE INSTITUTION A STATE-BACKED GUARANTY PROMISING SUFFICIENT FUNDS, WITHIN AVAILABLE APPROPRIATED FUNDING, TO THE ELIGIBLE INSTITUTION TO ALLOW FOR SUCH PARTICIPATION IN SUCH AUCTIONS OR IN ANY OTHER MANNER NECESSARY. 5. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS TO: (A) DEVELOP APPLICATION AND REPORTING PROCEDURES FOR ELIGIBLE INSTI- TUTIONS TO USE TO APPLY FOR FUNDS TO CARRY OUT THE PROVISIONS OF THIS SECTION AND CRITERIA FOR USE BY THE ELIGIBLE INSTITUTIONS THAT RECEIVE FUNDS PURSUANT TO THIS SECTION TO EVALUATE APPLICATIONS FOR ASSISTANCE FROM HOMEOWNERS FOR THE PROVISION OF HOME LOAN MODIFICATION; (B) ALLOW FOR THE RECOVERY BY ELIGIBLE INSTITUTIONS OF UNPAID PORTIONS OF AN ISSUED LOAN IF A HOMEOWNER SELLS HIS OR HER RESIDENCE; PROVIDED, HOWEVER, IF THERE IS A DEFAULT IN PAYMENT BY THE HOMEOWNER THAT IS NOT REMEDIED WITHIN NINETY DAYS OF SUCH DEFAULT, THE ELIGIBLE INSTITUTION 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) DEVELOP LOAN GUIDELINES FOR FUNDS ISSUED TO AND LOANS ISSUED BY ELIGIBLE INSTITUTIONS; (D) DEVELOP PROCEDURES BY WHICH ANY INTEREST, ACCRUED ON A LOW-INTER- EST LOAN ISSUED TO A HOMEOWNER PURSUANT TO THIS SECTION AND RECEIVED BY AN ELIGIBLE INSTITUTION, SHALL BE REMITTED BACK INTO THE REVOLVING LOAN FUND; (E) ESTABLISH THE PROCEDURE BY WHICH THE REQUEST FOR PROPOSALS PROCESS IS TO BE USED PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, INCLUDING ESTABLISHING THE RELATIVE IMPORTANCE AND/OR WEIGHT GIVEN TO EACH CRITE- RION; (F) ESTABLISH TERMS BY WHICH AN ELIGIBLE INSTITUTION SHALL MAINTAIN AND UTILIZE FUNDS RECEIVED PURSUANT TO THIS SECTION, PROVIDED HOWEVER THAT ELIGIBLE INSTITUTIONS SHALL KEEP SUCH FUNDS SEPARATE FROM ALL OTHER BUSINESS OR FIDUCIARY ACCOUNTS; AND (G) ESTABLISH TERMS BY WHICH THE ELIGIBLE INSTITUTIONS SHALL REPAY THE STATE FOR MONIES ALLOCATED TO THEM PURSUANT TO THIS SECTION, IF APPLICA- BLE. 6. NOTHING IN THIS SECTION SHALL PRECLUDE AN ELIGIBLE INSTITUTION TO WORK WITH OR COORDINATE ACTIVITIES AND/OR SERVICES WITH ANY ENTITY THAT HANDLES AND FACILITATES THE TRANSFERS OF MORTGAGE NOTES AND/OR PROPERTY TO ELIGIBLE ENTITIES UNDER THIS SECTION; PROVIDED, HOWEVER, THAT ANY FUNDS AWARDED TO AN ELIGIBLE INSTITUTION SHALL ONLY BE USED TO ADVANCE THE PURPOSES OF THIS SECTION. 7. THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE MINORITY LEADER OF THE SENATE ON OR BEFORE THE FIRST OF FEBRUARY EACH YEAR. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, FOR EACH ELIGIBLE INSTITUTION RECEIVING FUNDS UNDER A. 9006--B 199 THIS SECTION, A DESCRIPTION OF SUCH ELIGIBLE INSTITUTION'S CONTRACT AMOUNT, THE SPECIFIC ACTIVITIES CARRIED OUT UNDER EACH GRANT, THE NUMBER OF PERSONS AND HOUSEHOLDS SERVED BY EACH ELIGIBLE INSTITUTION, THE AREA MEDIAN INCOME OF THE PERSONS AND HOUSEHOLDS SERVED, THE INVESTMENT AREAS SELECTED AND SERVED, AND THE NUMBER OF REQUESTS FOR ASSISTANCE THAT COULD NOT BE GRANTED. 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 on the ninetieth day after it shall have become a law; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date. PART AA Section 1. Subdivision 1, paragraph (h) of subdivision 2 and paragraph (e) of subdivision 4 of section 2851 of the education law, subdivision 1 as amended and paragraph (e) of subdivision 4 as added by chapter 101 of the laws of 2010, and paragraph (h) of subdivision 2 as added by chapter 4 of the laws of 1998, are amended and a new subdivision 5 is added to read as follows: 1. An application to establish a charter school may be submitted by teachers, parents, school administrators, community residents or any combination thereof. Such application may be filed in conjunction with a college, university, museum, educational institution, not-for-profit corporation exempt from taxation under paragraph 3 of subsection (c) of section 501 of the internal revenue code or for-profit business or corporate entity authorized to do business in New York state. Provided however, for-profit business or corporate entities shall not be eligible to submit an application to establish a charter school pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article, or operate or manage a charter school for a charter issued pursuant to subdivision nine-a of section twenty-eight hundred fifty-two of this article. For charter schools established in conjunction with a for-profit OR NOT-FOR-PROFIT business or corporate entity, the charter shall specify the extent of the entity's participation in the management and operation of the school. (h) The rules and procedures by which students may be disciplined[,] SHALL BE IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISIONS TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER. THE CHARTERS OF ALL CHARTER SCHOOLS THAT WERE ISSUED ON OR BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN SHALL BE DEEMED AMENDED TO REQUIRE COMPLI- ANCE WITH THE PROCEDURES SET FORTH IN SUBDIVISIONS TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER including but not limited to expulsion or suspension from the school, which shall be consistent with the requirements of due process and with federal laws and regulations governing the placement of students with disabilities. A. 9006--B 200 (e) The means by which the charter school will meet or exceed enroll- ment TARGETS and retention targets as prescribed by the board of regents or the board of trustees of the state university of New York, as appli- cable, of students [with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program which] IN EACH OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGU- LATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; AND (VI) STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING. THE MEANS BY WHICH THE SCHOOL WILL MEET THESE ENROLLMENT AND RETENTION TARGETS shall be consid- ered AS A VERY SIGNIFICANT FACTOR by the charter entity prior to approv- ing such charter school's application for renewal. When developing such targets, the board of regents and the board of trustees of the state university of New York shall ensure [(1)] that such enrollment targets [are comparable to the enrollment figures of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the community school district, in which the charter school is located; and (2) that such retention targets are comparable to the rate of retention of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the commu- nity school district, in which the proposed charter school would be located.] EQUAL THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER PUBLIC SCHOOLS IN THE DISTRICT WHERE THE CHARTER IS LOCATED ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE SERVED BY THE CHARTER SCHOOL. FOR THE PURPOSES OF THIS PARAGRAPH, FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, "DISTRICT" SHALL MEAN THE COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT. THE ENROLLMENT TARGETS AND RETENTION TARGETS DESCRIBED IN THIS PARAGRAPH SHALL BE UPDATED ANNUALLY BASED ON THE ENROLLMENT IN THE DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED IN THE PREVIOUS SCHOOL YEAR. THE PRESCRIPTION OF SUCH TARGETS, AS REQUIRED BY THIS PARAGRAPH, SHALL BE DEVELOPED IN CONSULTATION AND COOPERATION WITH THE DISTRICT WHERE THE CHARTER SEEKS TO LOCATE OR IS LOCATED. 5. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION FOUR OF THIS SECTION, A CHARTER SHALL NOT BE RENEWED UNLESS THE CHARTERING ENTITY FINDS IN WRITING THAT THE CHARTER SCHOOL SEEKING RENEWAL HAS MET OR EXCEEDED THE ENROLLMENT TARGETS AND RETENTION TARGETS REQUIRED BY THIS SECTION AND BY SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE FOR EACH YEAR THE CHARTER SCHOOL HAS OPERATED. S 2. Subdivision 5 and subparagraph (i) of paragraph (b) of subdivi- sion 9-a of section 2852 of the education law, subdivision 5 as amended by chapter 101 of the laws of 2010 and subparagraph (i) of paragraph (b) of subdivision 9-a as amended by section 2 of subpart A of part B of chapter 20 of the laws of 2015, are amended to read as follows: A. 9006--B 201 5. (A) Upon approval of an application by a charter entity, the appli- cant and charter entity shall enter into a proposed agreement allowing the applicants to organize and operate a charter school. Such written agreement, known as the charter, shall include [(a)] (I) the information required by subdivision two of section twenty-eight hundred fifty-one of this article, as modified or supplemented during the approval process, [(b)] (II) in the case of charters to be issued pursuant to subdivision nine-a of this section, information required by such subdivision, [(c)] (III) A PROVISION PROHIBITING THE CHARTER SCHOOL FROM ENTERING INTO, RENEWING OR EXTENDING ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI- TY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE CHARTER SCHOOL PURSUANT TO THIS ARTICLE WITH ACCESS TO THE ENTITY'S RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES TO THE SCHOOL, (IV) any other terms or conditions required by applicable laws, rules and regulations, and [(d)] (V) any other terms or condi- tions, not inconsistent with law, agreed upon by the applicant and the charter entity. In addition, the charter shall include the specific commitments of the charter entity relating to its obligations to oversee and supervise the charter school. Within five days after entering into a proposed charter, the charter entity other than the board of regents shall submit to the board of regents a copy of the charter, the applica- tion and supporting documentation for final approval and issuance by the board of regents in accordance with subdivisions five-a and five-b of this section. (B) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY, NO CHARTER SCHOOL HAVING A CHARTER THAT WAS ISSUED AND APPROVED ON OR BEFORE THE EFFECTIVE DATE OF THIS PARAGRAPH SHALL ENTER INTO, RENEW OR EXTEND THE DURATION OF ANY AGREEMENT WITH A FOR-PROFIT OR NOT-FOR-PROFIT CORPORATE OR OTHER BUSINESS ENTITY FOR THE ADMINISTRATION, MANAGEMENT OR OPERATION OF THE CHARTER SCHOOL UNLESS THE AGREEMENT REQUIRES SUCH ENTI- TY TO PROVIDE STATE AND LOCAL OFFICERS HAVING THE POWER TO AUDIT THE CHARTER SCHOOL PURSUANT TO THIS ARTICLE WITH ACCESS TO THE ENTITY'S RECORDS RELATING TO THE COSTS OF, AND FEES FOR, PROVIDING SUCH SERVICES TO THE SCHOOL. ANY AGREEMENT ENTERED INTO, RENEWED OR EXTENDED IN VIOLATION OF THIS SECTION SHALL BE NULL, VOID AND WHOLLY UNENFORCEABLE, AND A VIOLATION OF THIS SECTION SHALL BE GROUNDS FOR REVOCATION OR TERMINATION OF A CHARTER PURSUANT TO SECTION TWENTY-EIGHT HUNDRED FIFTY-FIVE OF THIS ARTICLE. (i) that the proposed charter school would meet or exceed enrollment and retention targets, as prescribed by the board of regents or the board of trustees of the state university of New York, as applicable, of students [with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program] IN EACH OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGULATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; AND (VI) STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING. When developing such targets, the board of A. 9006--B 202 regents and the board of trustees of the state university of New York, shall ensure [(1)] that such enrollment targets [are comparable to the enrollment figures of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the commu- nity school district, in which the proposed charter school would be located; and (2) that such retention targets are comparable to the rate of retention of such categories of students attending the public schools within the school district, or in a city school district in a city having a population of one million or more inhabitants, the community school district, in which the proposed charter school would be located] EQUAL THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF STUDENTS AUTHOR- IZED TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER PUBLIC SCHOOLS IN THE DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE SERVED BY THE CHARTER SCHOOL. FOR THE PURPOSES OF THIS SUBPARAGRAPH, FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, "DISTRICT" SHALL MEAN THE COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT. THE ENROLLMENT TARGETS AND RETENTION TARGETS DESCRIBED IN THIS PARAGRAPH SHALL BE UPDATED ANNUALLY BASED ON THE MOST RECENTLY AVAILABLE ENROLLMENT FIGURES AND RELATED DATA FOR THE DISTRICT OR COMMUNITY SCHOOL DISTRICT WHERE SUCH CHARTER SEEKS TO LOCATE OR IS LOCATED. PROVIDED, FURTHER, THE PRESCRIPTION OF SUCH TARGETS, AS REQUIRED BY THIS PARAGRAPH, SHALL BE DEVELOPED IN CONSULTATION AND COOP- ERATION WITH THE DISTRICT WHERE THE CHARTER SEEKS TO LOCATE OR IS LOCATED; and S 3. Subdivision 2 of section 2854 of the education law, as added by chapter 4 of the laws of 1998, paragraph (a) as amended by chapter 101 of the laws of 2010, and paragraph (b) as amended by section 3 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows: 2. Admissions; enrollment; students. (a) A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations and shall not charge tuition or fees; provided that a charter school may require the payment of fees on the same basis and to the same extent as other public schools. A charter school shall not discriminate against any student, employee or any other person on the basis of ethnicity, national origin, gender, or disability or any other ground that would be unlawful if done by a school. Admission of students shall not be limited on the basis of intellectual ability, measures of achievement or aptitude, athletic ability, disability, race, creed, gender, national origin, religion, or ancestry; provided, howev- er, that nothing in this article shall be construed to prevent the establishment of a single-sex charter school or a charter school designed to provide expanded learning opportunities for students at-risk of academic failure or students with disabilities and English language learners; and provided, further, that the charter school [shall demon- strate good faith efforts to attract and retain a comparable or greater enrollment of students with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program when compared to the enrollment figures for such students in the school district in which the charter school is located.] SHALL MEET THE ENROLLMENT TARGETS IN EACH OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPART- A. 9006--B 203 MENT'S REGULATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCA- TION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; AND (VI) STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING. THE ENROLLMENT TARGETS SHALL BE EQUAL TO THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE PERCENTAGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER SCHOOLS IN THE DISTRICT WHERE THE CHARTER IS LOCATED ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE SERVED BY THE CHARTER SCHOOL. FOR THE PURPOSES OF THIS SUBDIVISION, FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, "DISTRICT" SHALL MEAN THE COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT. A charter shall not be issued to any school that would be wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine would be taught. (b) (I) Any child who is qualified under the laws of this state for admission to a public school is qualified for admission to a charter school. Applications for admission to a charter school shall be submit- ted on a uniform application form created by the department and shall be made available by a charter school in languages predominately spoken in the community in which such charter school is located. The school shall enroll each eligible student who submits a timely application by the first day of April each year, unless the number of applications exceeds the capacity of the grade level or building. In such cases, students shall be accepted from among applicants by a random selection process, provided, however, that an enrollment preference shall be provided to [pupils] (A) STUDENTS returning to the charter school in the second or any subsequent year of operation [and pupils]; (B) TO SIBLINGS OF STUDENTS ALREADY ENROLLED IN THE CHARTER SCHOOL; (C) TO STUDENTS resid- ing in the school district in which the charter school is located, [and siblings of pupils already enrolled in the charter school]; (D) TO STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPART- MENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGI- BLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING; AND (E) STUDENTS WHO ARE CURRENTLY ATTENDING OR WOULD OTHERWISE ATTEND A SCHOOL DESIGNATED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED ELEVEN-F OF THIS CHAPTER. Preference may also be provided to children of employees of the charter school or charter management organization, provided that such children of employees may constitute no more than fifteen percent of the charter school's total enrollment. PROVIDED THAT NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO LIMIT OR AFFECT THE DUTY OF CHARTER SCHOOLS TO ABIDE BY THE REQUIREMENTS IMPOSED BY PARAGRAPH (A) OF THIS A. 9006--B 204 SUBDIVISION RELATING TO ENROLLMENT OF STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAD INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENER- AL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCA- TION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORD- ANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING AND TO MEET OR EXCEED ENROLLMENT TARGETS AND RETENTION TARGETS PRESCRIBED BY THE BOARD OF REGENTS AND THE TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK, AS APPLICABLE. The commissioner shall establish regulations to require that the random selection process conducted pursuant to this paragraph be performed in a transparent and equitable manner and to require that the time and place of the random selection process be publicized in a manner consistent with the requirements of section one hundred four of the public officers law and be open to the public. For the purposes of this paragraph and paragraph (a) of this subdivision, the school district in which the charter school is located shall mean, for the city school district of the city of New York, the community district in which the charter school is located. [(c)] (II) WHERE A CHARTER SCHOOL DOES NOT MEET OR EXCEED THE ENROLL- MENT TARGETS FOR STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING IN EACH GRADE, THE CHARTER SCHOOL MUST HOLD OPEN A SUFFICIENT NUMBER OF ENROLLMENT SLOTS SUCH THAT IT IS POSSIBLE FOR THE CHARTER SCHOOL, CONSISTENT WITH ITS CHARTER, TO SUBSE- QUENTLY ENROLL THE MINIMUM NUMBER OF STUDENTS NECESSARY TO MEET OR EXCEED SUCH ENROLLMENT TARGETS. IN SUCH CIRCUMSTANCES, THE CHARTER SCHOOL SHALL ACCEPT, IN THE ORDER THE APPLICATION IS RECEIVED, ANY STUDENT THAT IS EITHER AN ENGLISH LANGUAGE LEARNER AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICES, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING, IF SUCH STUDENT IS APPLYING FOR A SLOT WHERE THE CHARTER SCHOOL HAS NOT MET OR EXCEEDED PRESCRIBED ENROLLMENT TARGETS. IF AT ANY TIME, AND FOR ANY REASON, DURING THE SCHOOL YEAR THE CHARTER SCHOOL'S ENROLLMENT OF ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN A. 9006--B 205 ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCA- TION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING FALLS BELOW THE ENROLLMENT TARGET, THE CHARTER SCHOOL SHALL ACCEPT, IN THE ORDER THE APPLICATION IS RECEIVED, ANY STUDENT THAT IS EITHER AN ENGLISH LANGUAGE LEARNER AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI- TIONAL HOUSING, IF SUCH STUDENT IS APPLYING FOR A SLOT WHERE THE CHARTER SCHOOL HAS FALLEN BELOW THE ENROLLMENT TARGET FOR AN ENROLLMENT CATEGO- RY. OFFERS OF ENROLLMENT SHALL BE MADE TO ANY PARENT OR GUARDIAN OF A STUDENT WHO IS IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN THIS SUBDIVISION AND WHO HAVE PREVIOUSLY EXPRESSED INTEREST IN A CHARTER SCHOOL; WITH RESPECT TO CHARTER SCHOOLS LOCATED IN THE GEOGRAPHIC AREA SERVED BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, TO ANY PARENT OR GUARDIAN OF A STUDENT WHO IS IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN THIS SUBDIVI- SION IN THE COMMUNITY DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED; AND TO OTHER PARENT OR GUARDIAN OF A STUDENT WHO IS IN A CATEGORY IN WHICH THE CHARTER SCHOOL IS BELOW THE MINIMUM SET FORTH IN THIS SUBDIVI- SION IN THE DISTRICT. OFFERS MADE SHALL BE MADE IN WRITING IN THE PARENT OR GUARDIAN'S PRIMARY LANGUAGE AND WHERE THE PARENT OR GUARDIAN ACCEPTS SUCH OFFER, THE CHARTER SCHOOL SHALL ENROLL THE STUDENT WITHIN FIVE CALENDAR DAYS OF THE OFFER BEING ACCEPTED. (III) NO CHARTER SCHOOL SHALL FIRST COMMENCE INSTRUCTION IF IT IS OPERATED BY, MANAGED BY, AFFILIATED WITH, IN THE SAME CHAIN AS, SHARES THE SAME MANAGEMENT COMPANY AS OR HAS ANY COMMON CHARTER APPLICANT AS A SCHOOL THAT HAS FAILED TO DEMONSTRATE, WITHIN THE LAST THIRTEEN MONTHS, THAT IT HAS ENROLLED AND KEPT ENROLLED THE MINIMUM NUMBER OF STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGU- LATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI- TIONAL HOUSING TO MEET THE ENROLLMENT AND RETENTION TARGET, FOR ANY REASON ON ANY BI-MONTHLY REPORT PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. (IV) THE PROVISIONS OF THIS PARAGRAPH SHALL BE ENFORCEABLE BY THE DEPARTMENT OR BY A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE OF THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED, OR THE PARENT OR GUARDIAN OF A STUDENT ATTENDING THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH. (C) BY JUNE THIRTIETH OF EACH YEAR, THE BOARD OF EDUCATION OF EACH SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL CALCULATE, AND TRANSMIT TO THE DEPARTMENT, THE PERCENTAGE OF ALL STUDENT IN EACH GRADE IN THE SCHOOL DISTRICT WHO ARE A. 9006--B 206 IN EACH OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGI- BLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMEN- TARY AND SECONDARY EDUCATION ACT, AND (VI) STUDENTS WHO RESIDE IN TEMPO- RARY OR TRANSITION HOUSING. FOR PURPOSES OF THIS PARAGRAPH, IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUCH CALCULATION SHALL BE DONE SEPARATELY FOR EACH COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT. SUCH INFORMA- TION SHALL BE MADE PUBLIC BY THE DEPARTMENT WITHIN FIVE DAYS OF IT BEING RECEIVED. (C-1) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, A CHARTER SCHOOL SHALL ENROLL AND KEEP ENROLLED THE MINIMUM NUMBER OF STUDENTS IN EACH OF THE FOLLOWING CATEGORIES: (I) STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS; (II) STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCA- TION SERVICE; (III) STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; (IV) STUDENTS WHO ARE ELIGI- BLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT; (V) STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMEN- TARY AND SECONDARY EDUCATION ACT, AND (VI) STUDENTS WHO RESIDE IN TEMPO- RARY OR TRANSITIONAL HOUSING. THE MINIMUM NUMBER OF STUDENTS A CHARTER SCHOOL MUST ENROLL AND KEEP ENROLLED IN EACH SUCH CATEGORY SHALL BE THE NUMBER OF STUDENTS THAT, AS A PERCENTAGE OF THE STUDENTS AUTHORIZED TO BE SERVED BY THE CHARTER SCHOOL IN ITS CHARTER, IS EQUAL TO THE PERCENT- AGE OF STUDENTS IN EACH CATEGORY THAT NON-CHARTER PUBLIC SCHOOLS IN THE DISTRACT WHERE THE CHARTER SCHOOL IS LOCATED ENROLLED IN THE PRECEDING JUNE IN ALL OF THE GRADES COMBINED WHICH ARE SERVED BY THE CHARTER SCHOOL. FOR PURPOSES OF THIS PARAGRAPH, FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, DISTRICT SHALL MEAN THE COMMUNITY SCHOOL DISTRICT AND SHALL INCLUDE ALL NON-CHARTER PUBLIC SCHOOLS, EXCEPT THOSE IN DISTRICT SEVENTY-FIVE, GEOGRAPHICALLY LOCATED IN THE COMMUNITY SCHOOL DISTRICT. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, IF AT ANY TIME IN THE SCHOOL YEAR, A CHARTER SCHOOL FAILS TO ENROLL AND KEEP ENROLLED THE MINIMUM NUMBER OF STUDENTS IN EACH CATEGORY FOR ANY REASON, THE SCHOOL'S CHARTER SHALL NOT BE RENEWED AT THE EXPIRATION OF ITS CURRENT TERM. THE PROVISIONS OF THIS PARAGRAPH SHALL BE ENFORCEABLE BY THE DEPARTMENT OR BY A COURT OF COMPETENT JURISDICTION. ANY EMPLOYEE OF THE DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED OR THE PARENT OR GUARDIAN OF A STUDENT ATTENDING THE DISTRICT WHERE THE CHARTER SCHOOL IS LOCATED SHALL HAVE STANDING TO ENFORCE THE PROVISIONS OF THIS PARAGRAPH. (C-2) PRIOR TO A CHARTER SCHOOL SELECTING OR ENROLLING STUDENTS FOR THE NEXT SCHOOL YEAR, THE DEPARTMENT SHALL PROVIDE THE CHARTER SCHOOL WITH THE MINIMUM NUMBER OF STUDENTS IT MUST ENROLL AND KEEP ENROLLED IN EACH CATEGORY PURSUANT TO PARAGRAPH (C-1) OF THIS SUBDIVISION. THE MINI- MUM NUMBER OF STUDENTS EACH CHARTER SCHOOL MUST ENROLL AND KEEP ENROLLED IN EACH CATEGORY PURSUANT TO PARAGRAPH (C-1) OF THIS SUBDIVISION SHALL A. 9006--B 207 BE MADE PUBLIC BY THE DEPARTMENT NO LATER THAN FIVE DAYS AFTER IT IS PROVIDED TO THE CHARTER SCHOOL. (D) A charter school shall serve one or more of the grades one through twelve, and shall limit admission to pupils within the grade levels served. Nothing herein shall prohibit a charter school from establishing a kindergarten program. [(d)] (E) A student may withdraw from a charter school at any time and enroll in a public school. [A charter school may refuse admission to any student who has been expelled or suspended from a public school until the period of suspension or expulsion from the public school has expired, consistent with the requirements of due process.] (I) A STUDENT MAY ONLY BE DISCIPLINED, SUSPENDED OR EXPELLED FROM A CHARTER SCHOOL IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SUBDIVI- SIONS TWO-A, THREE AND THREE-A OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER. ALL CHARTER SCHOOLS SHALL ALSO DEVELOP A CODE OF CONDUCT IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS TITLE. (II) EVERY CHARTER SCHOOL SHALL SUBMIT A DETAILED ANNUAL REPORT REGARDING DISCIPLINARY MEASURES IMPOSED ON STUDENTS. THE REPORT SHALL BE SUBMITTED TO THE CHARTER ENTITY AND THE BOARD OF REGENTS AS PART OF THE ANNUAL REPORT REQUIRED PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEVEN OF THIS ARTICLE. THE REPORT SHALL BE IN A FORM PRESCRIBED BY THE COMMISSIONER, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, NUMBER OF CLASSROOM REMOVALS, NUMBER OF IN-SCHOOL SUSPEN- SIONS, NUMBER OF OUT-OF-SCHOOL SUSPENSIONS, NUMBER OF EXPULSIONS, AND THE ACTION THE STUDENT TOOK THAT LED TO EACH DISCIPLINARY MEASURE IMPOSED. SUCH DATA SHALL BE DISAGGREGATED BY RACE/ETHNICITY, STATUS AS A STUDENT WITH A DISABILITY AND STATUS AS AN ENGLISH LANGUAGE LEARNER. THE REPORT SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE. (III) FOR PURPOSES OF THIS SECTION: (A) THE TERM "SUPERINTENDENT," "SUPERINTENDENT OF SCHOOLS," "DISTRICT SUPERINTENDENT OF SCHOOLS," OR "COMMUNITY SUPERINTENDENT," AS USED IN SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAP- TER, AS THEY RELATE TO CHARTER SCHOOLS SHALL MEAN THE CHAIRPERSON OF THE BOARD OF TRUSTEES OF THE CHARTER SCHOOL OR THE CHIEF SCHOOL OFFICER OF THE CHARTER SCHOOL; AND (B) THE TERM "BOARD OF EDUCATION" OR "BOARD," AS USED IN SUBDIVISION THREE OF SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AS THEY RELATE TO CHARTER SCHOOLS SHALL MEAN THE BOARD OF TRUSTEES OF THE CHAR- TER SCHOOL. S 4. Paragraph (a-1) of subdivision 3 of section 2854 of the education law, as amended by section 1 of subpart A of part B of chapter 20 of the laws of 2015, is amended to read as follows: (a-1) The board of trustees of a charter school shall employ and contract with necessary teachers, administrators and other school personnel. Such teachers shall be certified in accordance with the requirements applicable to other public schools; provided, however, that a charter school may employ as teachers (i) uncertified teachers with at least three years of elementary, middle or secondary classroom teaching experience; (ii) tenured or tenure track college faculty; (iii) individ- uals with two years of satisfactory experience through the Teach for America program; and (iv) individuals who possess exceptional business, professional, artistic, athletic, or military experience, provided, however, that such teachers described in clauses (i), (ii), (iii), and (iv) of this paragraph shall not in total comprise more than the sum of: [(A)] thirty per centum of the teaching staff of a charter school, or A. 9006--B 208 five teachers, whichever is less[; plus (B) five teachers of mathemat- ics, science, computer science, technology, or career and technical education; plus (C) five additional teachers]. A teacher certified or otherwise approved by the commissioner shall not be included in the numerical limits established by the preceding sentence. IF THE COMMIS- SIONER FINDS THAT THERE IS A CRITICAL SHORTAGE OF CERTIFIED TEACHERS IN A RESPECTIVE FIELD, HE OR SHE MAY AUTHORIZE, ON AN INDIVIDUAL AND TEMPO- RARY BASIS, CHARTER SCHOOLS AUTHORIZED PURSUANT TO THIS ARTICLE, TO HIRE AN INDIVIDUAL NOT IN POSSESSION OF A TEACHING CERTIFICATE IN THE RESPEC- TIVE FIELD IF THE INDIVIDUAL FULFILLS A BONA FIDE INSTRUCTIONAL NEED THAT THE DISTRICT IS UNABLE TO SATISFY WITH A CERTIFIED TEACHER. PROVIDED FURTHER, SUCH INDIVIDUAL NOT IN POSSESSION OF A TEACHING CERTIFICATE MUST DEMONSTRATE TO THE COMMISSIONER THAT HE OR SHE IS COMPLETING COLLEGIATE STUDY TOWARD CERTIFICATION AT THE RATE OF NOT LESS THAN SIX SEMESTER HOURS PER YEAR AND PROVIDED FURTHER THAT NOTHING HERE- IN SHALL AUTHORIZE AN INDIVIDUAL NOT IN POSSESSION OF A CERTIFICATE TO TEACH FOR MORE THAN ONE SCHOOL YEAR. SUCH FINDING OF A CRITICAL SHORTAGE SHALL BE MADE ON AN ANNUAL BASIS AND ANY CONTINUATION OF SUCH FINDING SHALL BE CERTIFIED BY THE COMMISSIONER ANNUALLY. THE COMMISSIONER SHALL NOT GRANT ANY WAIVERS PURSUANT TO THIS PARAGRAPH IF HE OR SHE DETERMINES THAT THE GRANTING OF SUCH WAIVER WOULD RESULT IN VIOLATION OF ANY FEDER- AL LAW, RULE OR REGULATION, OR WAIVER GRANTED TO THE STATE. S 5. Paragraph (e) of subdivision 1 and subdivision 3 of section 2855 of the education law, paragraph (e) of subdivision 1 as added by chapter 101 of the laws of 2010 and subdivision 3 as added by chapter 4 of the laws of 1998, are amended and a new paragraph (f) is added to subdivi- sion 1 to read as follows: (e) [Repeated failure] FAILURE to comply with the requirement to meet or exceed enrollment TARGETS and retention targets of students [with disabilities, English language learners, and students who are eligible applicants for the free and reduced price lunch program pursuant to targets] WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPART- MENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGI- BLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING established by the board of regents or the board of trustees of the state university of New York, as applica- ble[. Provided, however, if no grounds for terminating a charter are established pursuant to this section other than pursuant to this para- graph, and the charter school demonstrates that it has made extensive efforts to recruit and retain such students, including outreach to parents and families in the surrounding communities, widely publicizing the lottery for such school, and efforts to academically support such students in such charter school, then the charter entity or board of regents may retain such charter.]; OR (F) FAILURE TO COMPLY WITH THE DATA REPORTING REQUIREMENTS PRESCRIBED IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED FIFTY-SEV- EN OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE END OF THE YEAR REPORTING REQUIREMENTS ON THE ENROLLMENT AND RETENTION OF STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGU- LATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL A. 9006--B 209 EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI- TIONAL HOUSING. 3.(A) In addition to the provisions of subdivision two of this section, the charter entity or the board of regents may place a charter school falling within the provisions of subdivision one of this section on probationary status to allow the implementation of a remedial action plan. The failure of a charter school to comply with the terms and conditions of a remedial action plan may result in summary revocation of the school's charter. (B) A CHARTER SCHOOL THAT IS PLACED ON PROBATIONARY STATUS SHALL ANNU- ALLY NOTIFY THE PARENTS OR GUARDIANS OF ALL STUDENTS AND APPLICANTS OF THE PLACEMENT. THE INITIAL NOTICE SHALL BE DISTRIBUTED WITHIN TWO WEEKS OF BEING PLACED ON PROBATIONARY STATUS. SUCH NOTICE SHALL BE WRITTEN AND DELIVERED VIA MAIL. THE DEPARTMENT SHALL IDENTIFY ALL CHARTER SCHOOLS ON PROBATIONARY STATUS ON THE DEPARTMENT'S WEBSITE AND SHALL ALSO POST THE REMEDIAL ACTION PLAN. S 6. Paragraph (d) of subdivision 2 of section 2857 of the education law, as added by chapter 101 of the laws of 2010 is amended and a new paragraph (e) is added to read as follows: (d) efforts taken by the charter school in the existing school year, and a plan for efforts to be taken in the succeeding school year, to meet or exceed enrollment TARGET and retention targets set by the board of regents or the board of trustees of the state university of New York, as applicable, of students [with disabilities, English language lear- ners, and students who are eligible applicants for the free and reduced price lunch program established pursuant to paragraph (e) of subdivision four of section twenty-eight hundred fifty-one of this article.] WHO ARE ENGLISH LANGUAGE LEARNERS, AS DEFINED IN THE DEPARTMENT'S REGULATIONS, STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE, STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING, STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, AND STUDENTS WHO RESIDE IN TEMPORARY OR TRANSI- TIONAL HOUSING. (E) FOR ANY CHARTER SCHOOL THAT CONTRACTS WITH A MANAGEMENT COMPANY OR ANY OTHER ENTITY THAT PROVIDES SERVICES TO THE CHARTER SCHOOL, A DETAILED STATEMENT OF SERVICES PROVIDED TO THE CHARTER SCHOOL BY THE MANAGEMENT COMPANY AND/OR ANY OTHER ENTITY AND THE AMOUNT THE CHARTER SCHOOL PAYS FOR SUCH SERVICES. THE DEPARTMENT SHALL POST THE ANNUAL REPORTS SUBMITTED BY CHARTER SCHOOLS ON ITS WEBSITE. S 7. Section 2857 of the education law is amended by adding a new subdivision 2-a to read as follows: 2-A. (A) NO LATER THAN THE FIRST OF AUGUST OF EACH SCHOOL YEAR, (FOR DATA FOR THE PRECEDING SCHOOL YEAR) AND BI-MONTHLY THEREAFTER FOR THE CURRENT SCHOOL YEAR DATA, EACH CHARTER SCHOOL SHALL SUBMIT TO THE CHAR- TERING ENTITY AND BOARD OF REGENTS DATA ON ENROLLMENT AND RETENTION RATES, INCLUDING BUT NOT LIMITED TO THE NUMBER OF STUDENTS THAT ARE A. 9006--B 210 ENGLISH LANGUAGE LEARNERS AS DEFINED IN THE DEPARTMENT'S REGULATIONS; THE NUMBER OF STUDENTS WHO RECEIVE OR ARE MANDATED TO RECEIVE ANY SPECIAL EDUCATION SERVICE; THE NUMBER OF STUDENTS WHO HAVE INDIVIDUAL EDUCATION PROGRAMS THAT MANDATE THEY RECEIVE SERVICES FOR AT LEAST SIXTY PERCENT OF THE SCHOOL DAY OUTSIDE THE GENERAL EDUCATION SETTING; THE NUMBER OF STUDENTS WHO ARE ELIGIBLE TO RECEIVE FREE LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, STUDENTS WHO ARE ELIGIBLE TO RECEIVE REDUCED LUNCH IN ACCORDANCE WITH TITLE I OF THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT, THE NUMBER OF STUDENTS WHO RESIDE IN TEMPORARY OR TRANSITIONAL HOUSING AND ANY OTHER ADDITIONAL REQUIREMENTS PRESCRIBED BY THE BOARD OF REGENTS IN THE RULES OF THE BOARD OF REGENTS. IN ADDITION, A CHARTER SCHOOL SHALL REPORT TO THE DEPARTMENT AND THE DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED, EACH MONTH, THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE MONTH, IN EACH OF THE AFOREMENTIONED CATEGORIES AND THE NUMBER OF STUDENTS THEN ENROLLED, AS OF THE FIRST DAY OF THE MONTH, THAT ARE IN NONE OF THE AFOREMENTIONED CATEGORIES. SUCH REPORTS SHALL BE MADE PUBLIC BY THE DEPARTMENT WITHIN FIVE DAYS OF THEIR RECEIPT. REPORTS SHALL BE MADE ON THE FIFTH DAY OF THE MONTH DURING THE SCHOOL YEAR. THE DEPARTMENT SHALL, AT LEAST ANNUALLY, REVIEW THE DATA SUBMITTED PURSUANT TO THIS SUBDIVISION IN ORDER TO DETERMINE WHETHER THE CHARTER SCHOOL SUBMITTING SUCH DATA IS IN COMPLIANCE WITH THE REQUIREMENT TO MEET OR EXCEED APPLICABLE ENROLLMENT AND RETENTION TARGETS. FOR ANY ENROLLMENT CATEGORY FOR WHICH THE DEPARTMENT FINDS THAT THE CHARTER SCHOOL FAILS TO MEET OR EXCEED ITS ENROLLMENT TARGETS AND RETENTION TARGETS, ABSENT EXTRAORDINARY CIRCUMSTANCES, THE DEPARTMENT SHALL NOTIFY THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED. THE SUPERINTENDENT OF THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED SHALL WITH- HOLD FUNDS BY AN AMOUNT EQUAL TO THE PER PUPIL CHARTER SCHOOL BASIC TUITION MULTIPLIED BY THE NUMBER OF STUDENTS BY WHICH THE CHARTER SCHOOL FAILED TO MEET OR EXCEED ITS ENROLLMENT TARGETS AND RETENTION TARGETS FOR SUCH CATEGORY OR CATEGORIES. SUCH FUNDS SHALL BE WITHHELD UNTIL THE CHARTER SCHOOL HAS DEMONSTRATED TO THE DEPARTMENT'S SATISFACTION THAT IT HAS MET OR EXCEEDED ITS ENROLLMENT TARGETS AND RETENTION TARGETS. (B) NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, IF, AT ANY TIME IN THE SCHOOL YEAR, A CHARTER SCHOOL FAILS TO ENROLL AND KEEP ENROLLED THE NUMBER OF STUDENTS IN EACH CATEGORY AS REQUIRED BY PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE FOR ANY REASON, THE CHARTER SCHOOL'S FUNDING SHALL BE REDUCED BY AN AMOUNT EQUAL TO TWO TIMES THE PER PUPIL FUNDING THE SCHOOL WOULD HAVE RECEIVED FOR EACH STUDENT REQUIRED TO BE BUT NOT ENROLLED. NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY, THE CHARTER SCHOOL SHALL NOT RECEIVE ANY PER PUPIL FUNDING FOR ANY NUMBER OF STUDENTS THAT MAKES IT IMPOSSIBLE OR WOULD MAKE IT IMPOSSIBLE TO ENROLL THE NUMBER OF STUDENTS IN EACH CATEGORY REQUIRED BY SUBDIVI- SION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE. S 8. The education law is amended by adding a new section 2858 to read as follows: S 2858. PLACEMENT OF A STUDENT. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE THE PLACEMENT OF A STUDENT IN A CLASS OR SETTING THAT IS NOT APPROPRIATE TO THE NEEDS OF THE STUDENT AS DETERMINED BY THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION. S 9. Paragraph (a) of subdivision 4 of section 2853 of the education law, as amended by chapter 378 of the laws of 2007, is amended to read as follows: A. 9006--B 211 (a) For purposes of sections seven hundred one, seven hundred eleven, seven hundred fifty-one and nine hundred twelve of this chapter, a char- ter school shall be deemed a nonpublic school in the school district within which the charter school is located. Special education programs and services shall be provided to students with a disability attending a charter school in accordance with the individualized education program recommended by the committee or subcommittee on special education of the student's school district of residence. The charter school may arrange to have such services provided by such school district of residence or by the charter school directly or by contract with another provider, PROVIDED, HOWEVER, THAT IF SUCH SERVICES ARE PROVIDED BY SUCH SCHOOL DISTRICT OF RESIDENCE THE STUDENTS RECEIVING SUCH SERVICES SHALL NOT COUNT TOWARDS THE MINIMUM NUMBER OF STUDENTS THE CHARTER MUST ENROLL IN EACH CATEGORY SET FORTH IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE. Where the charter school arranges to have the school district of residence provide such special education programs or services, such school district shall provide services in the same manner as it serves students with disabili- ties in other public schools in the school district, including the provision of supplementary and related services on site to the same extent to which it has a policy or practice of providing such services on the site of such other public schools. S 10. Paragraph (a) of subdivision 4 of section 2853 of the education law, as added by chapter 4 of the laws of 1998, is amended to read as follows: (a) For purposes of sections seven hundred one, seven hundred eleven, seven hundred fifty-one and nine hundred twelve of this chapter, a char- ter school shall be deemed a nonpublic school in the school district within which the charter school is located. Special education programs and services shall be provided to students with a disability attending a charter school in accordance with the individualized education program recommended by the committee or subcommittee on special education of the student's school district of residence. The charter school may arrange to have such services provided by such school district of residence or by the charter school directly or by contract with another provider, PROVIDED, HOWEVER, THAT IF SUCH SERVICES ARE PROVIDED BY SUCH SCHOOL DISTRICT OF RESIDENCE THE STUDENTS RECEIVING SUCH SERVICES SHALL NOT COUNT TOWARDS THE MINIMUM NUMBER OF STUDENTS THE CHARTER MUST ENROLL IN EACH CATEGORY SET FORTH IN PARAGRAPH (E) OF SUBDIVISION FOUR OF SECTION TWENTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE. S 11. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided, however that the amendments to paragraph (a) of subdivision 4 of section 2853 of the education law made by section nine of this act shall be subject to the expiration and reversion of such paragraph pursuant to subdivision d of section 27 of chapter 378 of the laws of 2007, as amended, when upon such date the provisions of section ten of this act shall take effect. 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. A. 9006--B 212 S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through AA of this act shall be as specifically set forth in the last section of such Parts.
2015-A9006C (ACTIVE) - Details
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- S6406
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2015-A9006C (ACTIVE) - Summary
Enacts into law major components of legislation necessary to implement the state education, labor, housing and family assistance budget for the 2016-2017 state fiscal year; amends the education law, in relation to contracts for excellence and the apportionment of public moneys; amends the education law, in relation to the gap elimination adjustment; amends the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid
2015-A9006C (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6406--C A. 9006--C S E N A T E - A S S E M B L Y January 14, 2016 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to contracts for excel- lence and the apportionment of public moneys; to amend the education law, in relation to the gap elimination adjustment; to amend the education law, in relation to the apportionment of public moneys in school districts employing eight or more teachers including foundation aid; to amend the education law, in relation to community school aid; to amend the education law, in relation to English language learner pupils; relates to pre-kindergarten programs; to amend the education law, in relation to charter school facilities aid; to amend the educa- tion law, in relation to the statewide universal full-day pre-kinder- garten program; to amend the education law, in relation to building aid; to amend chapter 552 of the laws of 1995, amending the education law relating to contracts for the transportation of school children, in relation to the effectiveness thereof; 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted. LBD12672-05-6 S. 6406--C 2 A. 9006--C preparation education aid and in relation to the effectiveness there- of; to amend the state finance law, in relation to the New York state teen health education fund; to amend chapter 169 of the laws of 1994, relating to certain provisions related to the 1994-95 state oper- ations, aid to localities, capital projects and debt service budgets, in relation to the effectiveness thereof; 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, in relation to the effectiveness thereof; to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to the effectiveness thereof; to amend chapter 425 of the laws of 2002, amending the education law relating to the provision of supplemental educational services, attendance at a safe public school and the suspension of pupils who bring a firearm to or possess a firearm at a school, in relation to the effectiveness thereof; to amend chapter 101 of the laws of 2003, amending the educa- tion law relating to implementation of the No Child Left Behind Act of 2001, in relation to the effectiveness thereof; relates to school bus driver training; relates to special apportionment for salary expenses and public pension accruals; relates to suballocations of appropri- ations; relates to the development, maintenance or expansion of magnet schools; relates to the support of public libraries; to amend chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, in relation to certain apportionments; to amend the education law, in relation to aid for employment preparation education programs; to direct the commissioner of education to examine the reduced price lunch program; to amend the education law, in relation to extending the apportionment of public moneys to school districts employing eight or more teachers; and to direct the commissioner of education on how to recover certain penalties (Part A); to amend the education law, in relation to school emergency response plans (Part B); intentionally omitted (Part C); to amend the education law, in relation to the NY-SUNY 2020 challenge grant program act; and to amend chapter 260 of the laws of 2011, amending the education law and the New York state urban development corporation act relating to establishing components of the NY 2020 challenge grant program, in relation to the effective- ness thereof (Part D); to amend the state finance law, in relation to the creation of the SUNY Stony Brook Affiliation escrow fund (Part E); intentionally omitted (Part F); to amend chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, in relation to the effectiveness thereof; to amend part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, in relation to the effectiveness thereof; to amend chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions, in relation to the effectiveness thereof; and to amend the education law, in relation to forgiving loans upon the death of the recipient (Part G); intentionally omitted (Part H); intentionally omitted (Part I); intentionally omitted (Part J); to amend the labor law, in relation to the rate of minimum wage; and to repeal certain provisions of such law relating thereto (Part K); intentionally omitted (Part L); to amend the family court act, in relation to findings that must be made at S. 6406--C 3 A. 9006--C permanency hearings, and to amend the social services law, in relation to guardianship expenses, the reasonable and prudent parent standard and the criminal history of prospective foster and adoptive parents (Part M); intentionally omitted (Part N); 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 O); to utilize reserves in the mortgage insurance fund for various housing purposes (Part P); to amend part D of chapter 58 of the laws of 2011 amending the education law relating to capital facilities in support of the state university and community colleges, procurement and the state university health care facilities, in relation to the effective- ness thereof (Part Q); to amend the education law, in relation to income for the purposes of student financial aid (Part R); to amend part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demonstration project, in relation to extending the period of effectiveness thereof (Part S); to amend the education law, in relation to associate of occupational studies degree options (Part T); to amend the education law, in relation to the foster youth college success initiative (Part U); to amend the education law, in relation to tuition, aid and placement report for all non-public institutions of higher education (Part V); to amend the social services law, in relation to the powers and duties of the commissioner of social services relating to the appointment of a temporary operator; and providing for the repeal of such provisions upon expiration thereof (Part W); to amend the social services law, in relation to exempting certain automobiles from calculations of bene- fits of households under public assistance programs (Part X); to amend the social services law, in relation to requiring an explicit written determination by the health care practitioner when the diagnoses differ from an applicant's treating health care practitioner (Part Y); to amend the retirement and social security law, in relation to authorizing the state as an amortizing employer to make certain prepayments into the retirement system (Part Z); to amend chapter 495 of the laws of 2004 amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, in relation to the effectiveness thereof (Part AA); to amend the insurance law, in relation to reduction in rates of property/casualty insurance on residential prop- erty for insureds who complete an approved homeowner natural disaster preparedness, home safety and loss prevention course (Part BB); to amend the banking law, in relation to utilization of the standard financial aid award letter for undergraduate financial aid applicants (Part CC); to amend the education law, in relation to chargeback rates for students of the state university of New York and the city univer- sity of New York (Part DD); to amend part U of chapter 55 of the laws of 2014, amending the real property tax law relating to the tax abate- ment and exemption for rent regulated and rent controlled property occupied by senior citizens, in relation to extending the effective- ness thereof and limiting state liability for reimbursement to the city of New York pursuant thereto; and to amend section 4 of chapter 129 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities, in relation to extending the effectiveness thereof (Part EE); authorizing the town of Riverhead, county of Suffolk to refund bonds previously issued for the acquisition of land for permanent rights on land (Part FF); to S. 6406--C 4 A. 9006--C amend the volunteer firefighters' benefit law, in relation to increas- ing the amount of permanent total disability benefits (Part GG); to amend the transportation law, in relation to airport improvement and revitalization grants and loans (Part HH); to amend part C of chapter 58 of the laws of 2005 authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assist- ance for needy persons and administration thereof, in relation to authorizing the commissioner of health to establish a statewide Medi- caid integrity and efficiency initiative; and providing for the repeal of such provisions upon expiration thereof (Part II); to amend part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund Medicaid expenditures, in relation to minimum wage increases (Part JJ); to amend the administrative code of the city of New York, in relation to police department reporting requirements (Part KK); to amend the state finance law, in relation to establishing the Health Republic Insurance of New York fund (Part LL); to amend the executive law, in relation to transferring certain functions to the division of state police from the division of homeland security and emergency services (Part MM); to amend public authorities law, in relation to committing the state of New York and the city of New York to partially fund part of the costs of the Metropolitan Transportation Authority's capital program (Part NN); to amend the public authorities law, in relation to procurements by the New York City transit authority and the metropolitan transportation authority; and providing for the repeal of such provisions upon expiration thereof (Part OO); to amend the public authorities law and the general municipal law, in relation to the New York transit authority and the metropolitan transportation authority; and providing for the repeal of certain provisions upon expiration thereof (Part PP); to amend chapter 60 of the laws of 2011, amending the New York state urban development corporation act relating to the new markets tax credits, in relation to extending the effec- tiveness thereof (Part QQ); to amend the public authorities law, in relation to establishing the New York state design and construction corporation act; and providing for the repeal of such provisions upon expiration thereof (Part RR); to amend the workers' compensation law and the insurance law, in relation to providing paid family leave benefits (Part SS); to amend the public authorities law, the canal law, the state finance law, the public officers law, the transporta- tion law, and the parks, recreation and historic preservation law, in relation to eliminating the canal corporation; and to repeal certain provisions of the public authorities law and the public officers law relating thereto (Part TT); and to provide for the administration of certain funds and accounts related to the 2016-17 budget, authorizing certain payments and transfers; to amend the state finance law, in relation to the rainy day reserve fund, the dedicated infrastructure investment fund infrastructure investment account, and the school tax relief fund; to amend the state finance law, in relation to payments, transfers and deposits; to amend the state finance law, in relation to the period for which appropriations can be made; to amend the state finance law, in relation to certain reports; to amend chapter 453 of the laws of 2015 amending the state finance law relating to tax check- off fund, in relation to source of monies; to amend the New York state urban development corporation act, in relation to funding project costs for certain capital projects; to amend chapter 389 of the laws of 1997, relating to the financing of the correctional facilities S. 6406--C 5 A. 9006--C improvement fund and the youth facility improvement fund, in relation to the issuance of bonds; to amend the private housing finance law, in relation to housing program bonds and notes; to amend chapter 329 of the laws of 1991, amending the state finance law and other laws relat- ing to the establishment of the dedicated highway and bridge trust fund, in relation to the issuance of bonds; to amend the public authorities law, in relation to the issuance of bonds; to amend the public authorities law, in relation to the dormitory authority; to amend chapter 61 of the laws of 2005 relating to providing for the administration of certain funds and accounts related to the 2005-2006 budget, in relation to issuance of bonds by the urban development corporation; to amend the New York state urban development corporation act, in relation to the issuance of bonds; to amend the public author- ities law, in relation to the state environmental infrastructure projects; to amend the New York state urban development corporation act, in relation to authorizing the urban development corporation to issue bonds to fund project costs for the implementation of a NY-CUNY challenge grant program; to amend chapter 81 of the laws of 2002, relating to providing for the administration of certain funds and accounts related to the 2002-2003 budget, in relation to increasing the aggregate amount of bonds to be issued by the New York state urban development corporation; to amend the public authorities law, in relation to financing of peace bridge and transportation capital projects; to amend the public authorities law, in relation to dormito- ries at certain educational institutions other than state operated institutions and statutory or contract colleges under the jurisdiction of the state university of New York; to amend the New York state medical care facilities finance agency act, in relation to bonds and mental health facilities improvement notes; to amend chapter 63 of the laws of 2005, relating to the composition and responsibilities of the New York state higher education capital matching grant board, in relation to increasing the amount of authorized matching capital grants; to direct the distribution of local sales tax revenue from the city of New York; to amend the public authorities law, in relation to cultural education facilities; to amend chapter 35 of the laws of 1979 relating to appropriating funds to the New York state urban develop- ment corporation, in relation to making technical corrections; and providing for the repeal of certain provisions upon expiration thereof (Part UU) 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 2016-2017 state fiscal year. Each component is wholly contained within a Part identified as Parts A through UU. 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. S. 6406--C 6 A. 9006--C PART A Section 1. Paragraph e of subdivision 1 of section 211-d of the educa- tion law, as amended by section 1 of part A of chapter 56 of the laws of 2015, is amended to read as follows: e. Notwithstanding paragraphs a and b of this subdivision, a school district that submitted a contract for excellence for the two thousand eight--two thousand nine school year shall submit a contract for excel- lence for the two thousand nine--two thousand ten school year in conformity with the requirements of subparagraph (vi) of paragraph a of subdivision two of this section unless all schools in the district are identified as in good standing and provided further that, a school district that submitted a contract for excellence for the two thousand nine--two thousand ten school year, unless all schools in the district are identified as in good standing, shall submit a contract for excel- lence for the two thousand eleven--two thousand twelve school year which shall, notwithstanding the requirements of subparagraph (vi) of para- graph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the product of the amount approved by the commissioner in the contract for excellence for the two thousand nine--two thousand ten school year, multiplied by the district's gap elimination adjustment percentage and provided further that, a school district that submitted a contract for excellence for the two thousand eleven--two thousand twelve school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand twelve--two thousand thir- teen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand eleven--two thousand twelve school year and provided further that, a school district that submitted a contract for excellence for the two thousand twelve--two thousand thirteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand thirteen--two thousand fourteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commissioner in the contract for excellence for the two thousand twelve--two thousand thirteen school year and provided further that, a school district that submitted a contract for excellence for the two thousand thirteen--two thousand fourteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fourteen--two thousand fifteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the expenditure of an amount which shall be not less than the amount approved by the commis- sioner in the contract for excellence for the two thousand thirteen--two thousand fourteen school year; and provided further that, a school district that submitted a contract for excellence for the two thousand fourteen--two thousand fifteen school year, unless all schools in the district are identified as in good standing, shall submit a contract for excellence for the two thousand fifteen--two thousand sixteen school year which shall, notwithstanding the requirements of subparagraph (vi) of paragraph a of subdivision two of this section, provide for the S. 6406--C 7 A. 9006--C 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 fourteen--two thousand fifteen school year; AND PROVIDED FURTHER THAT A SCHOOL DISTRICT THAT SUBMITTED A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR, UNLESS ALL SCHOOLS IN THE DISTRICT ARE IDENTIFIED AS IN GOOD STANDING, SHALL SUBMIT A CONTRACT FOR EXCELLENCE FOR THE TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN 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 FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR. For purposes of this paragraph, the "gap elimination adjustment percentage" shall be calculated as the sum of one minus the quotient of the sum of the school district's net gap elimination adjustment for two thousand ten--two thousand eleven computed pursuant to chapter fifty-three of the laws of two thousand ten, making appropriations for the support of government, plus the school district's gap elimination adjustment for two thousand eleven--two thousand twelve as computed pursuant to chapter fifty-three of the laws of two thousand eleven, making appropriations for the support of the local assistance budget, including support for general support for public schools, divided by the total aid for adjust- ment computed pursuant to chapter fifty-three of the laws of two thou- sand eleven, making appropriations for the local assistance budget, including support for general support for public schools. Provided, further, that such amount shall be expended to support and maintain allowable programs and activities approved in the two thousand nine--two thousand ten school year or to support new or expanded allowable programs and activities in the current year. S 2. The closing paragraph of subdivision 5-a of section 3602 of the education law, as amended by section 2 of part A of chapter 56 of the laws of 2015, 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 [fifteen] SIXTEEN--two thousand [sixteen] 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 is amended by adding a fourth undesignated paragraph to read as follows: FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, 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 "2015-16 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE BUDGET FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND ENTITLED "SA151-6", AND SUCH APPORTIONMENT SHALL BE DEEMED TO SATISFY THE STATE OBLIGATION TO PROVIDE AN APPORTIONMENT PURSUANT TO SUBDIVISION EIGHT OF SECTION THIRTY-SIX HUNDRED FORTY-ONE OF THIS ARTICLE. S. 6406--C 8 A. 9006--C S 4. The opening paragraph of subdivision 16 of section 3602 of the education law, as amended by section 4 of part A of chapter 56 of the laws of 2015, 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 through [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school 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 entitled "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 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 5 of part A of chapter 56 of the laws of 2015, 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- S. 6406--C 9 A. 9006--C 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 through two thousand [fifteen] SIXTEEN--two thousand [sixteen] 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 PREKIN- DERGARTEN" 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 maxi- mum 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 6. Paragraph h of subdivision 17 of section 3602 of the education law, as added by section 5-b of part A of chapter 56 of the laws of 2015, is amended to read as follows: h. The gap elimination adjustment [restoration amount] for the two thousand 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] ZERO. S 7. The opening paragraph, subparagraph 1 of paragraph a, clause (ii) of subparagraph 2 of paragraph b and paragraph d of subdivision 4 of section 3602 of the education law, as amended by section 5-a of part A of chapter 56 of the laws of 2015, are amended and a new paragraph b-2 is added to read as follows: In addition to any other apportionment pursuant to this chapter, a school district, other than a special act school district as defined in subdivision eight of section four thousand one of this chapter, shall be eligible for total foundation aid equal to the product of total aidable foundation pupil units multiplied by the district's selected foundation aid, which shall be the greater of five hundred dollars ($500) or foun- dation formula aid, provided, however that for the two thousand seven-- two thousand eight through two thousand eight--two thousand nine 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 SUBPARAGRAPH (II) 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 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 SUBPARAGRAPH (II) OF paragraph j of subdivision one of this section, plus the phase-in foundation increase computed pursuant to S. 6406--C 10 A. 9006--C paragraph b of this subdivision, AND PROVIDED FURTHER THAT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, NO ELIGIBLE SCHOOL DISTRICTS SHALL RECEIVE TOTAL FOUNDATION AID IN EXCESS OF THE SUM OF THE TOTAL FOUNDATION AID BASE COMPUTED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE SUM OF (A) THE PHASE-IN FOUNDATION INCREASE, (B) THE EXECUTIVE FOUNDATION INCREASE WITH A MINIMUM INCREASE PURSUANT TO PARAGRAPH B-2 OF THIS SUBDIVISION, AND (C) AN AMOUNT EQUAL TO "COMMUNITY SCHOOLS AID" IN THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7", WHERE (1) "ELIGIBLE SCHOOL DISTRICT" SHALL BE DEFINED AS A DISTRICT WITH (A) AN UNRESTRICTED AID INCREASE OF LESS THAN SEVEN PERCENT (0.07) AND (B) A THREE YEAR AVERAGE FREE AND REDUCED PRICE LUNCH PERCENT GREATER THAN FIFTEEN PERCENT (0.15), AND (2) "UNRESTRICTED AID INCREASE" SHALL MEAN THE QUOTIENT ARRIVED AT WHEN DIVIDING (A) THE SUM OF THE EXECUTIVE FOUNDATION AID INCREASE PLUS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, BY (B) THE DIFFERENCE OF FOUNDATION AID FOR THE BASE YEAR LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, AND (3) "EXECUTIVE FOUNDATION INCREASE" SHALL MEAN THE DIFFERENCE OF (A) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2016-17 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" LESS (B) THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2015-16 BASE YEAR AIDS" IN SUCH COMPUTER LISTING and provided further that total foundation aid shall not be less than the product of the total foundation aid base computed pursuant to paragraph j of subdivision one of this section and 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 thirty-seven hundredths percent (1.0037), 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, PROVIDED, HOWEVER, THAT FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR SUCH MAXI- MUM SHALL BE NO MORE THAN THE SUM OF (I) THE PRODUCT OF SUCH TOTAL FOUN- DATION AID BASE AND ONE HUNDRED FIFTEEN PERCENT PLUS (II) THE EXECUTIVE FOUNDATION INCREASE AND PLUS (III) "COMMUNITY SCHOOLS AID" IN THE COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECU- TIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" and provided further that for the two thousand nine--two thousand ten through two thousand eleven--two thou- sand twelve school years, each school district shall receive total foun- dation 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 S. 6406--C 11 A. 9006--C 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. (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] SIXTEEN--two thousand [sixteen] SEVENTEEN school years, the foundation amount shall be further adjusted by the phase-in foundation percent established pursuant to paragraph b of this subdivision. (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, thirteen and two hundred seventy-four thousandths percent (0.13274); or (2) for districts where the quotient arrived at when dividing (A) the product of the total aidable foundation pupil units multiplied by the district's selected foundation aid less the total foundation aid base computed pursuant to paragraph j of subdivision one of this section divided by (B) the product of the total aidable founda- tion pupil units multiplied by the district's selected 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), seven and seventy-five hundredths percent (0.0775); or (3) for any other district designated as high need pursuant to clause (c) of subparagraph two of S. 6406--C 12 A. 9006--C paragraph c of subdivision six of this section for the school aid computer listing produced by the commissioner in support of the enacted budget for the two thousand seven--two thousand eight school year and entitled "SA0708", four percent (0.04); or (4) for a city school district in a city having a population of one hundred twenty-five thou- sand or more but less than one million, fourteen percent (0.14); or (5) 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 commis- sioner in support of the enacted budget for the two thousand fourteen-- two thousand fifteen school year and entitled "SA1415", four and seven hundred fifty-one thousandths percent (0.04751); or (6) for all other districts one percent (0.01), and for the two thousand sixteen--two thousand seventeen SCHOOL YEAR SHALL EQUAL FOR AN ELIGIBLE SCHOOL DISTRICT THE GREATER OF: (1) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF ONE MILLION OR MORE, SEVEN AND SEVEN HUNDRED EIGHTY FOUR THOUSANDTHS PERCENT (0.07784); OR (2) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED FIFTY THOUSAND BUT LESS THAN ONE MILLION AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, SEVEN AND THREE HUNDREDTHS PERCENT (0.0703); OR (3) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN TWO HUNDRED THOUSAND BUT LESS THAN TWO HUNDRED FIFTY THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, SIX AND SEVENTY-TWO HUNDREDTHS PERCENT (0.0672); OR (4) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED FIFTY THOUSAND BUT LESS THAN TWO HUNDRED THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, SIX AND SEVENTY-FOUR HUNDREDTHS PERCENT (0.0674); OR (5) FOR A CITY SCHOOL DISTRICT IN A CITY WITH A POPULATION OF MORE THAN ONE HUNDRED TWENTY-FIVE THOUSAND BUT LESS THAN ONE HUNDRED FIFTY THOUSAND AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS, NINE AND FIFTY-FIVE HUNDREDTHS PERCENT (0.0955); OR (6) 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 "SA141-5" WITH A COMBINED WEALTH RATIO LESS THAN ONE AND FOUR TENTHS (1.4), NINE PERCENT (0.09), PROVIDED, HOWEVER, THAT FOR SUCH DISTRICTS THAT ARE ALSO DISTRICTS DESIGNATED AS HIGH NEED URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", NINE AND SEVEN HUNDRED AND NINETEEN THOUSANDTHS PERCENT (0.09719); OR (7) FOR SCHOOL DISTRICTS DESIGNATED AS HIGH NEED RURAL PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", THIRTEEN AND SIX TENTHS PERCENT (0.136); OR (8) FOR SCHOOL DISTRICTS DESIGNATED AS HIGH NEED URBAN-SUBURBAN PURSUANT TO CLAUSE (C) OF SUBPARAGRAPH TWO OF PARAGRAPH C OF SUBDIVISION SIX OF THIS SECTION FOR THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE ENACTED BUDGET FOR THE TWO THOUSAND SEVEN--TWO THOUSAND EIGHT SCHOOL YEAR AND ENTITLED "SA0708", SEVEN HUNDRED NINETEEN THOUSANDTHS PERCENT (0.00719); OR (9) FOR ALL OTHER ELIGIBLE SCHOOL DISTRICTS, FORTY-SEVEN HUNDREDTHS PERCENT (0.0047) AND FOR THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGH- TEEN school year and thereafter the commissioner shall annually deter- S. 6406--C 13 A. 9006--C mine the phase-in foundation increase factor subject to allocation pursuant to the provisions of subdivision eighteen of this section and any provisions of a chapter of the laws of New York as described there- in. B-2. DUE MINIMUM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR THE TOTAL FOUNDATION AID SHALL NOT BE LESS THAN THE SUM OF THE TOTAL FOUNDA- TION AID BASE COMPUTED PURSUANT TO PARAGRAPH J OF SUBDIVISION ONE OF THIS SECTION PLUS THE DUE MINIMUM FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, WHERE SUCH DUE MINIMUM SHALL EQUAL THE DIFFERENCE OF (1) THE PRODUCT OF (A) TWO PERCENT (0.02) MULTIPLIED BY (B) THE DIFFERENCE OF TOTAL FOUNDATION AID FOR THE BASE YEAR LESS THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR, LESS (2) THE SUM OF (A) THE DIFFERENCE OF THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2016-17 ESTIMATED AIDS" IN THE SCHOOL AID COMPUTER LISTING PRODUCED BY THE COMMISSIONER IN SUPPORT OF THE EXECUTIVE BUDGET REQUEST FOR THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR AND ENTITLED "BT161-7" LESS THE AMOUNTS SET FORTH FOR EACH SCHOOL DISTRICT AS "FOUNDATION AID" UNDER THE HEADING "2015-16 BASE YEAR AIDS" IN SUCH COMPUTER LISTING PLUS (B) THE GAP ELIMINATION ADJUSTMENT FOR THE BASE YEAR. d. For the two thousand fourteen--two thousand fifteen [and two thou- sand fifteen--two thousand sixteen] THROUGH TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school years a city school district of a city having a population of one million or more may use amounts apportioned pursuant to this subdivision for afterschool programs. S 8. Subdivision 4 of section 3602 of the education law is amended by adding a new paragraph e to read as follows: E. COMMUNITY SCHOOLS AID SET-ASIDE. 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 FOLLOWING AMOUNT, IF ANY, FOR SUCH DISTRICT AND SHALL USE THE AMOUNT SO SET ASIDE TO SUPPORT THE TRANSFORMATION OF SCHOOL BUILDINGS INTO COMMUNITY HUBS TO DELIVER CO-LO- CATED OR SCHOOL-LINKED ACADEMIC, HEALTH, MENTAL HEALTH, NUTRITION, COUN- SELING, LEGAL AND/OR OTHER SERVICES TO STUDENTS AND THEIR FAMILIES, INCLUDING BUT NOT LIMITED TO PROVIDING A COMMUNITY SCHOOL SITE COORDINA- TOR, OR TO SUPPORT OTHER COSTS INCURRED TO MAXIMIZE STUDENTS' ACADEMIC ACHIEVEMENT: ADDISON $132,624 ADIRONDACK $98,303 AFTON $62,527 ALBANY $2,696,127 ALBION $171,687 ALTMAR-PARISH-WILLIAMSTOWN $154,393 AMITYVILLE $140,803 AMSTERDAM $365,464 ANDOVER $41,343 AUBURN $211,759 AUSABLE VALLEY $82,258 AVOCA $40,506 BATAVIA $116,085 BATH $139,788 BEACON $87,748 BEAVER RIVER $67,970 BEEKMANTOWN $98,308 S. 6406--C 14 A. 9006--C BELFAST $44,520 BELLEVILLE HENDERSON $21,795 BINGHAMTON $477,949 BOLIVAR-RICHBURG $102,276 BRADFORD $28,058 BRASHER FALLS $146,944 BRENTWOOD $2,089,437 BRIDGEWATER-WEST WINFIELD (MT. MARKHAM) $101,498 BROCTON $63,939 BROOKFIELD $24,973 BRUSHTON-MOIRA $102,613 BUFFALO $12,524,617 CAMDEN $243,929 CAMPBELL-SAVONA $81,862 CANAJOHARIE $78,428 CANASERAGA $24,622 CANDOR $69,400 CANISTEO-GREENWOOD $105,783 CARTHAGE $273,578 CASSADAGA VALLEY $99,547 CATSKILL $69,599 CATTARAUGUS-LITTLE VALLEY $89,771 CENTRAL ISLIP $650,359 CENTRAL VALLEY $154,059 CHARLOTTE VALLEY $27,925 CHATEAUGAY $43,580 CHEEKTOWAGA-SLOAN $68,242 CHENANGO VALLEY $46,359 CHERRY VALLEY-SPRINGFIELD $29,704 CINCINNATUS $71,378 CLIFTON-FINE $17,837 CLYDE-SAVANNAH $84,797 CLYMER $28,267 COHOES $110,625 COPENHAGEN $35,037 COPIAGUE $308,995 CORTLAND $147,875 CROWN POINT $24,277 CUBA-RUSHFORD $67,917 DALTON-NUNDA (KESHEQUA) $65,630 DANSVILLE $136,766 DE RUYTER $38,793 DEPOSIT $37,615 DOLGEVILLE $82,884 DOWNSVILLE $10,000 DUNDEE $59,404 DUNKIRK $224,658 EAST RAMAPO (SPRING VALLEY) $360,848 EDMESTON $30,288 EDWARDS-KNOX $95,261 ELIZABETHTOWN-LEWIS $14,844 ELLENVILLE $128,950 ELMIRA $501,348 FALLSBURG $111,523 FILLMORE $84,252 FORESTVILLE $34,773 S. 6406--C 15 A. 9006--C FORT EDWARD $32,403 FORT PLAIN $86,187 FRANKLIN $19,086 FRANKLINVILLE $84,503 FREEPORT $479,702 FRIENDSHIP $51,013 FULTON $241,424 GENESEE VALLEY $65,066 GENEVA $146,409 GEORGETOWN-SOUTH OTSELIC $34,626 GILBERTSVILLE-MOUNT UPTON $30,930 GLENS FALLS COMMON $10,000 GLOVERSVILLE $257,549 GOUVERNEUR $197,139 GOWANDA $122,173 GRANVILLE $86,044 GREEN ISLAND $17,390 GREENE $87,782 HADLEY-LUZERNE $37,868 HAMMOND $18,750 HANCOCK $34,174 HANNIBAL $149,286 HARPURSVILLE $89,804 HEMPSTEAD $3,123,056 HERKIMER $64,467 HERMON-DEKALB $49,211 HEUVELTON $53,905 HINSDALE $47,128 HORNELL $152,327 HUDSON $86,263 HUDSON FALLS $125,709 INDIAN RIVER $404,452 JAMESTOWN $422,610 JASPER-TROUPSBURG $65,899 JEFFERSON $22,350 JOHNSON $179,735 JOHNSTOWN $98,329 KINGSTON $241,138 KIRYAS JOEL $10,000 LA FARGEVILLE $36,602 LACKAWANNA $293,188 LANSINGBURGH $170,080 LAURENS $32,110 LIBERTY $141,704 LISBON $56,498 LITTLE FALLS $76,292 LIVINGSTON MANOR $32,996 LOWVILLE $117,907 LYME $15,856 LYONS $89,298 MADISON $43,805 MADRID-WADDINGTON $59,412 MALONE $241,483 MARATHON $79,560 MARGARETVILLE $10,000 MASSENA $227,985 S. 6406--C 16 A. 9006--C MCGRAW $51,558 MEDINA $135,337 MIDDLEBURGH $58,936 MIDDLETOWN $683,511 MILFORD $28,281 MONTICELLO $185,418 MORIAH $76,592 MORRIS $45,012 MORRISTOWN $25,106 MORRISVILLE-EATON $62,490 MT MORRIS $58,594 MT VERNON $517,463 NEW YORK CITY $28,491,241 NEWARK $137,556 NEWBURGH $837,244 NEWFIELD $60,998 NIAGARA FALLS $733,330 NORTH ROSE-WOLCOTT $107,958 NORTHERN ADIRONDACK $84,115 NORWICH $155,921 NORWOOD-NORFOLK $116,262 ODESSA-MONTOUR $70,110 OGDENSBURG $126,942 OLEAN $129,603 OPPENHEIM-EPHRATAH-ST. JOHNSVILLE $86,646 OTEGO-UNADILLA $72,613 OXFORD ACAD & CENTRAL SCHOOLS $80,443 PARISHVILLE-HOPKINTON $35,003 PEEKSKILL $230,795 PENN YAN $71,001 PINE VALLEY (SOUTH DAYTON) $67,455 PLATTSBURGH $75,055 POLAND $37,498 PORT CHESTER-RYE $241,428 PORT JERVIS $189,220 POUGHKEEPSIE $1,747,582 PRATTSBURGH $35,110 PULASKI $89,146 PUTNAM $10,000 RANDOLPH $88,646 RED CREEK $87,007 REMSEN $32,650 RENSSELAER $74,616 RICHFIELD SPRINGS $37,071 RIPLEY $18,495 ROCHESTER $7,624,908 ROME $369,655 ROMULUS $22,112 ROOSEVELT $353,005 SALAMANCA $139,051 SALMON RIVER $200,831 SANDY CREEK $72,287 SCHENECTADY $642,884 SCHENEVUS $29,516 SCIO $47,097 SHARON SPRINGS $26,994 S. 6406--C 17 A. 9006--C SHERBURNE-EARLVILLE $154,286 SHERMAN $45,067 SIDNEY $98,699 SILVER CREEK $68,538 SODUS $100,038 SOLVAY $85,506 SOUTH KORTRIGHT $23,420 SOUTH LEWIS $95,627 SOUTH SENECA $49,768 SPENCER-VAN ETTEN $76,108 ST REGIS FALLS $30,078 STAMFORD $20,137 STOCKBRIDGE VALLEY $38,537 SYRACUSE $10,186,478 TICONDEROGA $36,467 TIOGA $99,411 TROY $277,420 UNADILLA VALLEY $90,571 UNIONDALE $362,887 UTICA $273,267 VAN HORNESVILLE-OWEN D. YOUNG $18,604 WALTON $82,541 WARRENSBURG $57,996 WATERLOO $123,111 WATERTOWN $222,343 WATERVLIET $94,487 WAVERLY $120,319 WAYLAND-COHOCTON $125,273 WELLSVILLE $114,359 WEST CANADA VALLEY $58,917 WESTBURY $403,563 WESTFIELD $46,542 WHITEHALL $46,192 WHITESVILLE $26,719 WHITNEY POINT $152,109 WILLIAM FLOYD $492,842 WORCESTER $26,862 WYANDANCH $402,010 YONKERS $4,286,726 YORKSHIRE-PIONEER $210,306 S 9. Intentionally Omitted. S 10. The opening paragraph of section 3609-a of the education law, as amended by section 6 of part A of chapter 56 of the laws of 2015, is amended to read as follows: For aid payable in the two thousand seven--two thousand eight school year through the [two thousand fifteen--two thousand sixteen] TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN 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 S. 6406--C 18 A. 9006--C 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 school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA141-5". For aid payable in the two thousand fifteen--two thousand sixteen school year, reference to such "school aid computer listing for the current year" shall mean the printouts entitled "SA151-6".] FOR AID PAYABLE IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, REFERENCE TO SUCH "SCHOOL AID COMPUTER LISTING FOR THE CURRENT YEAR" SHALL MEAN THE PRINTOUTS ENTITLED "SA161-7". S 11. Subparagraphs 5, 6 and 7 of paragraph (e) of subdivision 3 of section 2853 of the education law, as added by section 5 of part BB of chapter 56 of the laws of 2014, are amended to read as follows: (5) For a new charter school whose charter is granted or for an exist- ing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity [before October first, two thousand sixteen], if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the lesser of: (A) the actual rental cost of an alternative privately owned site selected by the charter school or (B) twenty percent of the product of the charter school's basic tuition for the current school year and (i) for a new charter school that first commences instruction on or after July first, two thousand fourteen, the charter school's current year enrollment; or (ii) for a charter school which expands its grade level, pursuant to this article, [before October first, two thousand sixteen,] the positive difference of the charter school's enrollment in the current school year minus the charter school's enrollment in the school year prior to the first year of the expansion. (6) [For a new charter school whose charter is granted or for an existing charter school whose expansion of grade level, pursuant to this article, is approved by their charter entity on or after October first, two thousand sixteen, if the appeal results in a determination in favor of the charter school, the city school district shall pay the charter S. 6406--C 19 A. 9006--C school an amount attributable to the grade level expansion or the forma- tion of the new charter school that is equal to the maximum cost allow- ance established by the commissioner for leases aidable under subdivi- sion six of section thirty-six hundred two of this chapter. (7)] An arbitration in an appeal pursuant to this paragraph shall be conducted by a single arbitrator selected in accordance with this subparagraph from a list of arbitrators from the American arbitration association's panel of labor arbitrators, with relevant biographical information, submitted by such association to the commissioner pursuant to paragraph a of subdivision three of section three thousand twenty-a of this chapter. Upon request by the charter school, the commissioner shall forthwith send a copy of such list and biographical information simultaneously to the charter school and city school district. The parties shall, by mutual agreement, select an arbitrator from the list within fifteen days from receipt of the list, and if the parties fail to agree on an arbitrator within such fifteen day period or fail within such fifteen day period to notify the commissioner that an arbitrator has been selected, the commissioner shall appoint an arbitrator from the list to serve as the arbitrator. The arbitration shall be conducted in accordance with the American arbitration association's rules for labor arbitration, except that the arbitrator shall conduct a pre-hearing conference within ten to fifteen days of agreeing to serve and the arbi- tration shall be completed and a decision rendered within the time frames prescribed for hearings pursuant to section three thousand twen- ty-a of this chapter. The arbitrator's fee shall not exceed the rate established by the commissioner for hearings conducted pursuant to section three thousand twenty-a of this chapter, and the cost of such fee, the arbitrator's necessary travel and other reasonable expenses, and all other hearing expenses shall be borne equally by the parties to the arbitration. S 11-a. Subdivision 6-g of section 3602 of the education law, as added by section 6 of part BB of chapter 56 of the laws of 2014, is amended to read as follows: 6-g. Charter schools facilities aid. a. The city school district of the city of New York, upon documenting that it has incurred total aggre- gate expenses of forty million dollars or more pursuant to [subpara- graphs] SUBPARAGRAPH five [and six] of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter, shall be eligible for an apportionment pursuant to this subdivision for its annual approved expenditures for the lease of space for charter schools incurred in the base year in accordance with paragraph (e) of subdivi- sion three of section twenty-eight hundred fifty-three of this chapter. b. The apportionment shall equal the product of (1) the sum of: [(A)] for aid payable for expenses incurred pursuant to subparagraph five of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the annual approved expenses incurred by the city school district pursuant to such subparagraph five[; and (B) for aid payable for expenses incurred pursuant to subparagraph six of paragraph (e) of subdivision three of section twenty-eight hundred fifty-three of this chapter where the charter school prevails on appeal, the actual annual approved rental expenses incurred pursuant to such subparagraph six] multiplied by (2) six-tenths. c. For purposes of this subdivision, the approved expenses attribut- able to a lease by a charter school of a privately owned site shall be S. 6406--C 20 A. 9006--C the lesser of the actual rent paid under the lease or the maximum cost allowance established by the commissioner for leases aidable under subdivision six of this section. d. Notwithstanding any provision of law to the contrary, amounts apportioned pursuant to this subdivision shall not be included in: (1) the allowable growth amount computed pursuant to paragraph dd of subdi- vision one of this section, (2) the preliminary growth amount computed pursuant to paragraph ff of subdivision one of this section, and (3) the allocable growth amount computed pursuant to paragraph gg of subdivision one of this section, and shall not be considered, and shall not be available for interchange with, general support for public schools. S 12. Intentionally omitted. S 13. Intentionally omitted. S 14. Clauses (i) and (ii) of subparagraph 1 of paragraph e of subdi- vision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, are amended to read as follows: (i) determine the number of pupils tested who scored below the state- wide reference point as determined by the commissioner on each test administered pursuant to this subparagraph, plus pupils, other than pupils with disabilities and ENGLISH LANGUAGE LEARNER pupils [with limited English proficiency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district employing eight or more teachers in such years but not operating each grade may use the percentage computed pursuant to this paragraph for the district which in such years enrolled the greatest number of pupils in such grade from such district; (ii) divide the sum of such numbers by the number of such pupils who took each of such tests, plus pupils, other than pupils with disabili- ties and ENGLISH LANGUAGE LEARNER pupils [with limited English profi- ciency] as defined by the commissioner who are exempt from taking such tests, provided, however, that a district which in any of the applicable school years did not maintain a home school or employed fewer than eight teachers, and which in the base year employed eight or more teachers, may use the scores in a later test as designated by the commissioner for the purposes of this paragraph; S 15. Paragraph o of subdivision 1 of section 3602 of the education law, as amended by section 11 of part B of chapter 57 of the laws of 2007, is amended to read as follows: o. "[Limited English proficient] ENGLISH LANGUAGE LEARNER count" shall mean the number of pupils served in the base year in programs for pupils with limited English proficiency approved by the commissioner pursuant to the provisions of this chapter and in accordance with regulations adopted for such purpose. S 16. Paragraph b of subdivision 2 of section 3602-d of the education law, as added by chapter 792 of the laws of 1990, is amended to read as follows: (b) "Disadvantaged" shall mean individuals (other than handicapped individuals) who have economic or academic disadvantages and who require special services and assistance in order to enable them to succeed in work-prep programs. Such term includes individuals who are: members of economically disadvantaged families as set forth in regulations promul- gated by the department pursuant to sections sixty-four hundred fifty- one and sixty-four hundred fifty-two of this chapter or as set forth in the Federal Job Training Partnership Act of nineteen hundred eighty-two (PL 97-300) (29 U.S.C.A. S 1501 et seq.); migrants; [individuals who S. 6406--C 21 A. 9006--C have limited English proficiency] ENGLISH LANGUAGE LEARNERS; and indi- viduals who are identified as potential dropouts from secondary school. S 17. Paragraph d of subdivision 4 of section 3602-f of the education law, as added by section 83-a of part L of chapter 405 of the laws of 1999, is amended to read as follows: d. [Limited English proficient] ENGLISH LANGUAGE LEARNER pupil count as defined in paragraph o of subdivision one of section thirty-six hundred two of this article. S 18. Section 3604 of the education law is amended by adding a new subdivision 13 to read as follows: 13. FOR PURPOSES OF THIS CHAPTER, "LIMITED ENGLISH PROFICIENT" AND "LIMITED ENGLISH PROFICIENCY" SHALL MEAN "ENGLISH LANGUAGE LEARNER". S 19. Clause (B) of subparagraph 2 of paragraph b of subdivision 6 of section 3641 of the education law, as added by section 2 of part B of chapter 58 of the laws of 2011, is amended to read as follows: (B) [students with limited English proficiency and] students who are English language learners; S 20. Intentionally Omitted. S 21. Notwithstanding any provision of law to the contrary, for the 2016-2017 school year and thereafter, for any pre-kindergarten program receiving state funds that is identified by the office of children and family services, the department of health and mental hygiene of the city of New York, or the state education department as needing extraordinary quality support, such entity shall provide a recommendation for such program to voluntarily participate in QUALITYstarsNY subject to avail- able appropriation. S 22. Intentionally omitted. S 23. Subdivision 16 of 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: 16. The authority of the department to administer the universal full- day pre-kindergarten program shall expire June thirtieth, two thousand [sixteen] SEVENTEEN; provided that the program shall continue and remain in full effect. S 24. Paragraph b of subdivision 6-c of section 3602 of the education law, as added by chapter 1 of the laws of 2013, is amended to read as follows: b. For projects approved by the commissioner authorized to receive additional building aid pursuant to this subdivision for the purchase of stationary metal detectors, security cameras or other security devices approved by the commissioner that increase the safety of students and school personnel, provided that for purposes of this paragraph such other security devices shall be limited to electronic security systems and hardened doors, and provided that for projects approved by the commissioner on or after the first day of July two thousand thirteen and before the first day of July [two thousand sixteen] TWO THOUSAND SEVEN- TEEN such additional aid shall equal the product of (i) the building aid ratio computed for use in the current year pursuant to paragraph c of subdivision six of this section plus ten percentage points, except that in no case shall this amount exceed one hundred percent, and (ii) the actual approved expenditures incurred in the base year pursuant to this subdivision, provided that the limitations on cost allowances prescribed by paragraph a of subdivision six of this section shall not apply, and provided further that any projects aided under this paragraph must be included in a district's school safety plan. The commissioner shall annually prescribe a special cost allowance for metal detectors, and S. 6406--C 22 A. 9006--C security cameras, and the approved expenditures shall not exceed such cost allowance. S 25. Section 2 of chapter 552 of the laws of 1995 amending the educa- tion law relating to contracts for the transportation of school chil- dren, as amended by chapter 116 of the laws of 2013, is amended to read as follows: S 2. This act shall take effect on the first day of January next succeeding the date on which it shall have become a law and shall remain in full force and effect until January 1, [2017] 2020, when upon such date the provisions of this act shall be deemed repealed. S 26. Paragraph b of subdivision 2 of section 3612 of the education law, as amended by section 8 of part A of chapter 56 of the laws of 2015, 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 fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOU- SAND SEVENTEEN. S 27. Subdivision 6 of section 4402 of the education law, as amended by section 9 of part A of chapter 56 of the laws of 2015, is amended to read as follows: 6. Notwithstanding any other law, rule or regulation to the contrary, the board of education of a city school district with a population of one hundred twenty-five thousand or more inhabitants shall be permitted to establish maximum class sizes for special classes for certain students with disabilities in accordance with the provisions of this subdivision. For the purpose of obtaining relief from any adverse fiscal impact from under-utilization of special education resources due to low student attendance in special education classes at the middle and secondary level as determined by the commissioner, such boards of educa- tion shall, during the school years nineteen hundred ninety-five--nine- ty-six through June thirtieth, two thousand [sixteen] SEVENTEEN of the [two thousand fifteen--two thousand sixteen] TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN school year, be authorized to increase class sizes in special classes containing students with disabilities whose age ranges are equivalent to those of students in middle and secondary schools as defined by the commissioner for purposes of this section by up to but not to exceed one and two tenths times the applicable maximum class size specified in regulations of the commissioner rounded up to the nearest whole number, provided that in a city school district having a popu- lation of one million or more, classes that have a maximum class size of fifteen may be increased by no more than one student and provided that S. 6406--C 23 A. 9006--C the projected average class size shall not exceed the maximum specified in the applicable regulation, provided that such authorization shall terminate on June thirtieth, two thousand. Such authorization shall be granted upon filing of a notice by such a board of education with the commissioner stating the board's intention to increase such class sizes and a certification that the board will conduct a study of attendance problems at the secondary level and will implement a corrective action plan to increase the rate of attendance of students in such classes to at least the rate for students attending regular education classes in secondary schools of the district. Such corrective action plan shall be submitted for approval by the commissioner by a date during the school year in which such board increases class sizes as provided pursuant to this subdivision to be prescribed by the commissioner. Upon at least thirty days notice to the board of education, after conclusion of the school year in which such board increases class sizes as provided pursu- ant to this subdivision, the commissioner shall be authorized to termi- nate such authorization upon a finding that the board has failed to develop or implement an approved corrective action plan. S 28. Subdivision b of section 2 of chapter 756 of the laws of 1992, relating to funding a program for work force education conducted by the consortium for worker education in New York city, as amended by section 13 of part A of chapter 56 of the laws of 2015, is amended to read as follows: b. Reimbursement for programs approved in accordance with subdivision a of this section 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, reimbursement for the 2014--2015 school year shall not exceed 61.6 percent of the lesser of such approvable costs per contact hour or 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, AND REIMBURSEMENT FOR THE 2016--2017 SCHOOL YEAR SHALL NOT EXCEED 60.3 PERCENT OF THE LESSER OF SUCH APPROVABLE COSTS PER CONTACT HOUR OR THIRTEEN DOLLARS NINETY 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 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; WHEREAS FOR THE 2016--2017 SCHOOL YEAR SUCH CONTACT HOURS SHALL NOT EXCEED ONE MILLION FIVE HUNDRED FIFTY-ONE THOUSAND THREE HUNDRED TWELVE (1,551,312). Notwithstanding any other provision of law to the contrary, the apportionment calculated for the city school district of the city of New York pursuant to subdivision 11 of section 3602 of the education law shall be computed as if such contact hours provided by the consortium for worker education, not to exceed the contact hours set forth herein, were eligible for aid in accordance with S. 6406--C 24 A. 9006--C the provisions of such subdivision 11 of section 3602 of the education law. S 29. Section 4 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, is amended by adding a new subdivi- sion u to read as follows: U. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY AFTER THE COMPLETION OF PAYMENTS FOR THE 2016--2017 SCHOOL YEAR. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF LAW, THE COMMISSIONER 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. S 30. Section 6 of chapter 756 of the laws of 1992, relating to fund- ing a program for work force education conducted by the consortium for worker education in New York city, as amended by section 15 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S 6. This act shall take effect July 1, 1992, and shall be deemed repealed on June 30, [2016] 2017. S 31. Section 99-u of the state finance law, as added by section 2 of part GG of chapter 59 of the laws of 2013, subdivision 2-a as added by chapter 453 of the laws if 2015, is amended to read as follows: S 99-u. New York state teen health education fund. 1. There is hereby established in the JOINT custody of the STATE COMPTROLLER AND commis- sioner of taxation and finance a special [account] FUND to be known as the "New York state teen health education fund". 2. Such fund shall consist of all revenues received by the department of taxation and finance, pursuant to the provisions of section six hundred thirty-c of the tax law and all other moneys appropriated there- to from any other fund or source pursuant to law. Nothing contained in this section shall prevent the state from receiving grants, gifts or bequests for the purposes of the fund as defined in this section and depositing them into the fund according to law. 2-a. On or before the first day of February each year, the commission- er of [health] EDUCATION shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on health, chair of the assembly health commit- tee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: (i) the amount of money dispersed from the fund and the award process used for such disbursements; (ii) recipients of awards from the fund; (iii) the amount awarded to each; (iv) the purposes for which such awards were granted; and (v) a summary financial plan for such monies which shall include esti- mates of all receipts and all disbursements for the current and succeed- ing fiscal years, along with the actual results from the prior fiscal year. 3. [The moneys in said account shall be retained by the fund and shall be released by the commissioner of taxation and finance only upon certificates signed by the commissioner of education or his or her designee and only for the purposes set forth in this section.] MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE COMP- S. 6406--C 25 A. 9006--C TROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE COMMISSIONER OF EDUCA- TION. 4. The moneys in such fund shall be expended for the purpose of supplementing educational programs in schools for health and awareness of issues facing teens today when it comes to their health. Eligible health programs are those with an established curriculum providing instruction on alcohol, tobacco and other drug abuse prevention, the causes and problems associated with teen obesity, and for awareness of the symptoms of teen endometriosis. S 32. 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 16 of part A of chapter 56 of the laws of 2015, 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, [2017] 2018. S 33. 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 17 of part A of chapter 56 of the laws of 2015, are amended to read as follows: (22) sections one hundred twelve, one hundred thirteen, one hundred fourteen, one hundred fifteen and one hundred sixteen of this act shall take effect on July 1, 1995; provided, however, that section one hundred thirteen of this act shall remain in full force and effect until July 1, [2016] 2017 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, [2016] 2017; S 34. 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 19 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017 when upon such date the provisions of this act shall be deemed repealed. S 35. 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 20 of part A of chapter 56 of the laws of 2015, is amended to read as follows: S. 6406--C 26 A. 9006--C S 4. This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, [2016] 2017. S 36. Section 5 of chapter 101 of the laws of 2003, amending the education law relating to the implementation of the No Child Left Behind Act of 2001, as amended by section 21 of part A of chapter 56 of the laws of 2015, 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, [2016] 2017. S 37. School bus driver training. In addition to apportionments other- wise provided by section 3602 of the education law, for aid payable in the 2016--2017 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 38. 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 2017 and not later than the last day of the third full business week of June 2017, 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, 2017, for salary expenses incurred between April 1 and June 30, 2016 and such apportionment shall not exceed the sum of (i) the 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 S. 6406--C 27 A. 9006--C general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the following payments due the school district during the school year following the year in which application was made pursuant to subpara- graphs (1), (2), (3), (4) and (5) of paragraph a of subdivision 1 of section 3609-a of the education law in the following order: the lottery apportionment payable pursuant to subparagraph (2) of such paragraph followed by the fixed fall payments payable pursuant to subparagraph (4) of such paragraph and then followed by the district's payments to the teachers' retirement system pursuant to subparagraph (1) of such para- graph, and any remainder to be deducted from the individualized payments due the district pursuant to paragraph b of such subdivision shall be deducted on a chronological basis starting with the earliest payment due the district. S 39. 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, 2017, 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, 2017 and such apportionment shall not exceed the additional accruals required to be made by school districts in the 2004--2005 and 2005--2006 school years associated with changes for such public pension liabilities. The amount of such addi- tional accrual shall be certified to the commissioner of education by the president of the board of education or the trustees or, in the case of a city school district in a city with a population in excess of 125,000 inhabitants, the mayor of such city. Such application shall be made by a school district, after the board of education or trustees have adopted a resolution to do so and in the case of a city school district in a city with a population in excess of 125,000 inhabitants, with the approval of the mayor of such city. b. The claim for an apportionment to be paid to a school district pursuant to subdivision a of this section shall be submitted to the commissioner of education on a form prescribed for such purpose, and shall be payable upon determination by such commissioner that the form has been submitted as prescribed. Such approved amounts shall be payable on the same day in September of the school year following the year in which application was made as funds provided pursuant to subparagraph (4) of paragraph b of subdivision 4 of section 92-c of the state finance law, on the audit and warrant of the state comptroller on vouchers certified or approved by the commissioner of education in the manner prescribed by law from moneys in the state lottery fund and from the general fund to the extent that the amount paid to a school district pursuant to this section exceeds the amount, if any, due such school district pursuant to subparagraph (2) of paragraph a of subdivision 1 of section 3609-a of the education law in the school year following the year in which application was made. c. Notwithstanding the provisions of section 3609-a of the education law, an amount equal to the amount paid to a school district pursuant to subdivisions a and b of this section shall first be deducted from the S. 6406--C 28 A. 9006--C 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 40. a. Notwithstanding any other law, rule or regulation to the contrary, any moneys appropriated to the state education department may be suballocated to other state departments or agencies, as needed, to accomplish the intent of the specific appropriations contained therein. b. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department from the general fund/aid to localities, local assistance account-001, shall be for payment of financial assistance, as scheduled, net of disallowances, refunds, reimbursement and credits. c. Notwithstanding any other law, rule or regulation to the contrary, all moneys appropriated to the state education department for aid to localities shall be available for payment of aid heretofore or hereafter to accrue and may be suballocated to other departments and agencies to accomplish the intent of the specific appropriations contained therein. d. Notwithstanding any other law, rule or regulation to the contrary, moneys appropriated to the state education department for general support for public schools may be interchanged with any other item of appropriation for general support for public schools within the general fund local assistance account office of prekindergarten through grade twelve education programs. S 41. Notwithstanding the provision of any law, rule, or regulation to the contrary, the city school district of the city of Rochester, upon the consent of the board of cooperative educational services of the supervisory district serving its geographic region may purchase from such board for the 2016--2017 school year, as a non-component school district, services required by article 19 of the education law. S 42. 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 2016--2017 school year. To the city school district of the city of New York there shall be paid forty-eight million one hundred seventy-five thousand dollars ($48,175,000) including five hundred thousand dollars ($500,000) for the Andrew Jackson High School; to the Buffalo city school district, twenty-one million twenty-five thousand dollars ($21,025,000); to the Rochester city school district, fifteen million dollars ($15,000,000); to the Syracuse city school district, thirteen million dollars ($13,000,000); to the Yonkers city school district, forty-nine million five hundred thousand dollars ($49,500,000); to the Newburgh city school district, four million six hundred forty-five thousand dollars ($4,645,000); to the Poughkeepsie city school district, two million four hundred seventy-five thousand dollars ($2,475,000); to the Mount Vernon city school district, two million dollars ($2,000,000); to the New Rochelle city school district, one million four hundred ten thousand S. 6406--C 29 A. 9006--C 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 section, notwithstanding any inconsistency with a request for proposals issued by such commissioner. For the purpose of attendance improvement and dropout prevention for the 2016--2017 school year, for any city school district in a city having a population of more than one million, the set aside for attendance improvement and dropout prevention shall equal the amount set aside in the base year. For the 2016--2017 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 section to community-based organ- izations. Any increase required pursuant to this section 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 2016--2017 school year: to the city school district of the city of New York, sixty-two million seven hundred seven thousand dollars ($62,707,000); to the Buffalo city school district, one million seven hundred forty-one thousand dollars ($1,741,000); to the Rochester city school district, one million seventy-six thousand dollars ($1,076,000); to the Yonkers city school district, one million one hundred forty-seven thousand dollars ($1,147,000); and to the Syracuse city school district, eight hundred nine thousand dollars ($809,000). All funds made available to a school district pursuant to this 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 addition to salaries heretofore or hereafter negotiated or made available; provided, however, that all funds distributed pursuant to this section for the current year shall be deemed to incorporate all funds distributed pursuant to former subdivi- sion 27 of section 3602 of the education law for prior years. In school S. 6406--C 30 A. 9006--C districts where the teachers are represented by certified or recognized employee organizations, all salary increases funded pursuant to this section shall be determined by separate collective negotiations conducted pursuant to the provisions and procedures of article 14 of the civil service law, notwithstanding the existence of a negotiated agree- ment between a school district and a certified or recognized employee organization. S 43. Support of public libraries. The moneys appropriated for the support of public libraries by a chapter of the laws of 2016 enacting the aid to localities budget shall be apportioned for the 2016-2017 state fiscal year in accordance with the provisions of sections 271, 272, 273, 282, 284, and 285 of the education law as amended by the provisions of this chapter and the provisions of this section, provided that library construction aid pursuant to section 273-a of the education law shall not be payable from the appropriations for the support of public libraries and provided further that no library, library system or program, as defined by the commissioner of education, shall receive less total system or program aid than it received for the year 2001-2002 except as a result of a reduction adjustment necessary to conform to the appropriations for support of public libraries. Notwithstanding any other provision of law to the contrary the moneys appropriated for the support of public libraries for the year 2016-2017 by a chapter of the laws of 2016 enacting the education, labor and family assistance budget shall fulfill the state's obligation to provide such aid and, pursuant to a plan developed by the commissioner of education and approved by the director of the budget, the aid payable to libraries and library systems pursuant to such appropriations shall be reduced proportionately to assure that the total amount of aid payable does not exceed the total appropriations for such purpose. S 44. Subdivision a of section 5 of chapter 121 of the laws of 1996 relating to authorizing the Roosevelt union free school district to finance deficits by the issuance of serial bonds, as amended by section 26-b of part A of chapter 56 of the laws of 2015, is amended to read as follows: a. Notwithstanding any other provisions of law, upon application to the commissioner of education submitted not sooner than April first and not later than June thirtieth of the applicable school year, the Roose- velt union free school district shall be eligible to receive an appor- tionment pursuant to this chapter for salary expenses, including related benefits, incurred between April first and June thirtieth of such school year. Such apportionment shall not exceed: for the 1996-97 school year through the [2015-16] 2016-17 school year, four million dollars ($4,000,000); for the [2016-17] 2017-18 school year, three million dollars ($3,000,000); for the [2017-18] 2018-19 school year, two million dollars ($2,000,000); for the [2018-19] 2019-20 school year, one million dollars ($1,000,000); and for the [2019-20] 2020-21 school year, zero dollars. Such annual application shall be made after the board of education has adopted a resolution to do so with the approval of the commissioner of education. S 45. Paragraph a-1 of subdivision 11 of section 3602 of the educa- tion law, as amended by section 15-a of part A of chapter 56 of the laws of 2015, 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 [fifteen] SIXTEEN--two thousand S. 6406--C 31 A. 9006--C [sixteen] SEVENTEEN, 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 46. The commissioner of education is hereby authorized and directed to examine the process for determining the number of eligible students in the federal and state free and reduced price lunch program that are used to calculate aid under section 3602 of the education law for districts that are participating in the community eligibility provision program authorized by the Healthy, Hunger-Free Kids Act of 2010 and prepare a report of recommendations that would ensure a more accurate representation of this population for use in such education aid formu- lae. In developing such recommendations the commissioner shall consult with impacted districts, including city school districts of cities with one hundred twenty-five thousand inhabitants or more. Provided further, in developing such recommendations, the commissioner shall examine other reliable measures of student poverty. The report shall be submitted to the director of the budget, the chairs of the senate finance committee, the assembly ways and means committee, the senate education committee, and the assembly education committee on or before October 1, 2016. S 47. Clause (c) of subparagraph 5 of paragraph e of subdivision 6 of section 3602 of the education law, as amended by section 7-a of part A of chapter 56 of the laws of 2015, is amended to read as follows: (c) At the end of each ten year segment of an assumed amortization established pursuant to subparagraphs two, three and four of this para- graph, or in the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year in the case of assumed amortizations whose ten year segment ends prior to such school year, the commissioner shall revise the remaining scheduled semiannual payments of the outstanding principal and interest of such assumed amor- tization, other than the outstanding principal and interest of refunding bonds where the district can demonstrate to the commissioner that it is precluded by state or federal law, rule or regulation from refinancing such outstanding principal and interest, based on the interest rates applicable for the current year if the difference of the interest rate upon which the existing assumed amortization is based minus such inter- est rate applicable for the current year is equal to or greater than one quarter of one-one hundredth. Provided however, in the case of assumed amortization whose ten year segment ended prior to the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year the next ten year segment shall be deemed to commence with the [two thousand sixteen--two thousand seventeen] TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN school year. The department shall notify school districts of projects subject to the provisions of this clause by no later than December first next preceding the school year in which the assumed amortization is scheduled to be revised pursu- ant to this clause. S 48. Notwithstanding any provision of law to the contrary, for the Sandy Creek central school district having a penalty arising from the late filing of a final cost report pursuant to section 31 of part A of S. 6406--C 32 A. 9006--C chapter 57 of the laws of 2012 in the amount of not more than $4,694,839, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of the penal- ty. Provided further that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 49. Notwithstanding any provision of law to the contrary, for the Newburgh city 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 in the amount of not more than $12,747,495, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 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 50. Notwithstanding any provision of law to the contrary, for the Islip union free 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 in the amount of not more than $1,246,922, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 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 51. Notwithstanding any provision of law to the contrary, for the Mattituck-Cutchogue union free 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 in the amount of not more than $999,823, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 2017 or June of the school year in which such district is notified of the penal- ty. Provided further that such district may elect to make an initial payment no later than thirty days in advance of the first annual installment which shall reduce the amount of each annual installment. S 52. Notwithstanding any provision of the law to the contrary, for the Lackawanna 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 in the amount of not more than $839,524, the commissioner of education shall recover such penalty in five equal annual installments beginning the later of June of 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 53. Subdivision 4 of section 3627 of the education law, as amended by section 1 of part C of chapter 60 of the laws of 2015, is amended to read as follows: 4. Notwithstanding any other provision of law to the contrary, any expenditures for transportation provided pursuant to this section in the two thousand thirteen--two thousand fourteen [and two thousand four- teen--two thousand fifteen] school year and thereafter and otherwise eligible for transportation aid pursuant to subdivision seven of section thirty-six hundred two of this article shall be considered approved S. 6406--C 33 A. 9006--C transportation expenses eligible for transportation aid, provided further that for the two thousand thirteen--two thousand fourteen school year such aid shall be limited to eight million one hundred thousand dollars and for the two thousand fourteen--two thousand fifteen school year [and thereafter] such aid shall be limited to THE SUM OF twelve million six hundred thousand dollars PLUS THE BASE AMOUNT AND FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER SUCH AID SHALL BE LIMITED TO THE SUM OF SEVENTEEN MILLION ONE HUNDRED THOUSAND DOLLARS PLUS THE BASE AMOUNT. FOR PURPOSES OF THIS SUBDIVISION, "BASE AMOUNT" MEANS THE AMOUNT OF TRANSPORTATION AID PAID TO THE SCHOOL DISTRICT FOR EXPENDITURES INCURRED IN THE TWO THOUSAND TWELVE--TWO THOU- SAND THIRTEEN SCHOOL YEAR FOR TRANSPORTATION THAT WOULD HAVE BEEN ELIGI- BLE FOR AID PURSUANT TO THIS SECTION HAD THIS SECTION BEEN IN EFFECT IN SUCH SCHOOL YEAR, EXCEPT THAT SUBDIVISION SIX OF THIS SECTION SHALL BE DEEMED NOT TO HAVE BEEN IN EFFECT. And provided further that [such expenditures eligible for aid under this section shall supplement not supplant local expenditures for such transportation in the two thousand twelve--two thousand thirteen school year] THE SCHOOL DISTRICT SHALL CONTINUE TO ANNUALLY EXPEND FOR THE TRANSPORTATION DESCRIBED IN SUBDIVI- SION ONE OF THIS SECTION AT LEAST THE EXPENDITURES USED FOR THE BASE AMOUNT. S 54. Severability. The provisions of this act shall be severable, and if the application of any clause, sentence, paragraph, subdivision, section or part of this act to any person or circumstance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not necessarily affect, impair or invalidate the applica- tion of any such clause, sentence, paragraph, subdivision, section, part of this act or remainder thereof, as the case may be, to any other person or circumstance, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. S 55. This act shall take effect immediately, and shall be deemed to have been in full force and effect on and after April 1, 2016, provided, however, that sections one, six, seven, eight, ten, twenty-six, twenty- seven, twenty-eight, twenty-nine, thirty-seven, forty-one and forty-two of this act shall take effect July 1, 2016; provided, further, that the amendments to chapter 756 of the laws of 1992, amending the education law relating to funding a program for work force education conducted by a consortium for worker education in New York City made by sections twenty-eight and twenty-nine of this act shall not affect the repeal of such chapter and shall be deemed repealed therewith, provided, further, that section thirty-three 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 Section 1. Section 2801-a of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 380 of the laws of 2001, is amended to read as follows: S 2801-a. School safety plans. 1. The board of education or trustees, as defined in section two of this chapter, of every school district within the state, however created, and every board of cooperative educa- tional services and county vocational education and extension board and the chancellor of the city school district of the city of New York shall S. 6406--C 34 A. 9006--C adopt and amend a comprehensive district-wide school safety plan and building-level [school safety] EMERGENCY RESPONSE plans regarding crisis intervention, emergency response and management, provided that in the city school district of the city of New York, such plans shall be adopted by the chancellor of the city school district. Such plans shall be developed by a district-wide school safety team and a building-level [school safety] EMERGENCY RESPONSE team established pursuant to subdivi- sion four of this section and shall be in a form developed by the commissioner in consultation with the division of criminal justice services, the superintendent of the state police and any other appropri- ate state agencies. [A school district having only one school building, shall develop a single building-level school safety plan, which shall also fulfill all requirements for development of a district-wide plan.] THE COMMISSIONER, IN CONSULTATION WITH THE SUPERINTENDENT OF THE STATE POLICE, IS AUTHORIZED TO DEVELOP AN APPEALS PROCESS FROM DUPLICATIVE REQUIREMENTS OF A DISTRICT-WIDE SCHOOL SAFETY PLAN FOR SCHOOL DISTRICTS HAVING ONLY ONE SCHOOL BUILDING. 2. Such comprehensive district-wide safety plan shall be developed by the district-wide school safety team and shall include at a minimum: a. policies and procedures for responding to implied or direct threats of violence by students, teachers, other school personnel as well as visitors to the school, INCLUDING THREATS BY STUDENTS AGAINST THEM- SELVES, WHICH FOR THE PURPOSES OF THIS SECTION SHALL INCLUDE SUICIDE; b. policies and procedures for responding to acts of violence by students, teachers, other school personnel as well as visitors to the school, including consideration of zero-tolerance policies for school violence; c. appropriate prevention and intervention strategies such as: (i) collaborative arrangements with state and local law enforcement officials, designed to ensure that school safety officers and other security personnel are adequately trained, including being trained to de-escalate potentially violent situations, and are effectively and fairly recruited; (ii) non-violent conflict resolution training programs; (iii) peer mediation programs and youth courts; and (iv) extended day and other school safety programs; d. policies and procedures for contacting appropriate law enforcement officials in the event of a violent incident; e. policies and procedures for contacting parents, guardians or persons in parental relation to the students of the district in the event of a violent incident AND POLICIES AND PROCEDURES FOR CONTACTING PARENTS, GUARDIANS OR PERSONS IN PARENTAL RELATION TO AN INDIVIDUAL STUDENT OF THE DISTRICT IN THE EVENT OF AN IMPLIED OR DIRECT THREAT OF VIOLENCE BY SUCH STUDENT AGAINST THEMSELVES, WHICH FOR PURPOSES OF THIS SECTION SHALL INCLUDE SUICIDE; f. policies and procedures relating to school building security, including where appropriate the use of school safety officers and/or security devices or procedures; g. policies and procedures for the dissemination of informative mate- rials regarding the early detection of potentially violent behaviors, including but not limited to the identification of family, community and environmental factors, to teachers, administrators, school personnel, persons in parental relation to students of the district, students and other persons deemed appropriate to receive such information; h. policies and procedures for annual school safety training for staff and students; PROVIDED THAT THE DISTRICT MUST CERTIFY TO THE COMMISSION- S. 6406--C 35 A. 9006--C ER THAT ALL STAFF HAVE UNDERGONE ANNUAL TRAINING ON THE EMERGENCY RESPONSE PLAN, AND THAT THE SCHOOL SAFETY TRAINING INCLUDE COMPONENTS ON VIOLENCE PREVENTION AND MENTAL HEALTH, SUCH TRAINING MAY BE IMPLEMENTED AND CONDUCTED IN CONJUNCTION WITH EXISTING PROFESSIONAL DEVELOPMENT AND TRAINING; PROVIDED HOWEVER THAT NEW EMPLOYEES HIRED AFTER THE START OF THE SCHOOL YEAR SHALL RECEIVE TRAINING WITHIN THIRTY DAYS OF SUCH HIRE OR AS PART OF A DISTRICT'S EXISTING NEW HIRE TRAINING PROGRAM, WHICHEVER IS SOONER; i. protocols for responding to bomb threats, hostage-takings, intru- sions and kidnappings; j. strategies for improving communication among students and between students and staff and reporting of potentially violent incidents, such as the establishment of youth-run programs, peer mediation, conflict resolution, creating a forum or designating a mentor for students concerned with bullying or violence and establishing anonymous reporting mechanisms for school violence; [and] k. a description of the duties of hall monitors and any other school safety personnel, the training required of all personnel acting in a school security capacity, and the hiring and screening process for all personnel acting in a school security capacity; AND 1. THE DESIGNATION OF THE SUPERINTENDENT, OR SUPERINTENDENT'S DESIG- NEE, AS THE DISTRICT CHIEF EMERGENCY OFFICER RESPONSIBLE FOR COORDINAT- ING COMMUNICATION BETWEEN SCHOOL STAFF AND LAW ENFORCEMENT AND FIRST RESPONDERS, AND ENSURING STAFF UNDERSTANDING OF THE DISTRICT-LEVEL SAFE- TY PLAN. THE CHIEF EMERGENCY OFFICER SHALL ALSO BE RESPONSIBLE FOR ENSURING THE COMPLETION AND YEARLY UPDATING OF BUILDING-LEVEL EMERGENCY RESPONSE PLANS. 3. A [school] BUILDING LEVEL emergency response plan, developed by the building-level [school safety] EMERGENCY RESPONSE team defined in subdi- vision four of this section, shall BE KEPT CONFIDENTIAL, INCLUDING BUT NOT LIMITED TO THE FLOOR PLANS, BLUEPRINTS, SCHEMATICS OR OTHER MAPS OF THE SCHOOL INTERIOR, SCHOOL GROUNDS AND ROAD MAPS OF THE IMMEDIATE SURROUNDING AREA, AND SHALL NOT BE DISCLOSED EXCEPT TO AUTHORIZED DEPARTMENT OR SCHOOL STAFF, AND LAW ENFORCEMENT OFFICERS, AND SHALL include the following elements: a. policies and procedures for [the safe evacuation of students, teachers, other school personnel as well as visitors to the school in the event of a serious violent incident or other emergency, which shall include evacuation routes and shelter sites and procedures for address- ing medical needs, transportation and emergency notification to persons in parental relation to a student. For purposes of this subdivision, "serious violent incident" means an incident of violent criminal conduct that is, or appears to be, life threatening and warrants the evacuation of students and/or staff, as defined in regulations of the commissioner developed in conjunction with the division of criminal justice services] RESPONSE TO EMERGENCY SITUATIONS, SUCH AS THOSE REQUIRING EVACUATION, SHELTERING, AND LOCK-DOWN. THESE POLICIES SHALL INCLUDE, AT A MINIMUM, EVACUATION ROUTES, SHELTER SITES, AND PROCEDURES FOR ADDRESSING MEDICAL NEEDS, TRANSPORTATION AND EMERGENCY NOTIFICATION OF PARENTS AND GUARDI- ANS; b. designation of an emergency response team comprised of school personnel, [local] law enforcement officials, FIRE OFFICIALS and repre- sentatives from local regional and/or state emergency response agencies, other appropriate incident response teams, and a post-incident response team that includes appropriate school personnel, medical personnel, S. 6406--C 36 A. 9006--C mental health counselors and others who can assist the school community in coping with the aftermath of a violent incident; c. [procedures for assuring that crisis response and law enforcement officials have access to] floor plans, blueprints, schematics or other maps of the school interior, school grounds and road maps of the immedi- ate surrounding area; d. establishment of internal and external communication systems in emergencies; e. definition of the chain of command in a manner consistent with the national interagency incident management system/incident command system; f. coordination of the [school safety] EMERGENCY RESPONSE plan with the state-wide plan for disaster mental health services to assure that the school has access to federal, state and local mental health resources in the event of a violent incident; g. procedures for review and the conduct of drills and other exercises to test components of the emergency response plan; and h. policies and procedures for securing and restricting access to the crime scene in order to preserve evidence in cases of violent crimes on school property. 4. Each district-wide school safety team shall be appointed by the board of education, or the chancellor in the case of the city school district of the city of New York, and shall include but not be limited to representatives of the school board, [student,] teacher, administra- tor, and parent organizations, school safety personnel, and other school personnel. AT THE DISCRETION OF THE BOARD OF EDUCATION, OR THE CHANCEL- LOR IN THE CASE OF THE CITY OF NEW YORK, A STUDENT MAY BE ALLOWED TO PARTICIPATE ON THE SAFETY TEAM, PROVIDED HOWEVER, THAT NO PORTION OF A CONFIDENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN SHALL BE SHARED WITH SUCH STUDENT NOR SHALL SUCH STUDENT BE PRESENT WHERE DETAILS OF A CONFI- DENTIAL BUILDING-LEVEL EMERGENCY RESPONSE PLAN OR CONFIDENTIAL PORTIONS OF A DISTRICT-WIDE EMERGENCY RESPONSE STRATEGY ARE DISCUSSED. Each building-level [school safety] EMERGENCY RESPONSE team shall be appointed by the building principal, in accordance with regulations or guidelines prescribed by the board of education, chancellor or other governing body. Such building-level teams shall include but not be limited to representatives of teacher, administrator, and parent organ- izations, school safety personnel and other school personnel, community members, [local] law enforcement officials, [local ambulance] FIRE OFFI- CIALS or other emergency response agencies, and any other represen- tatives the board of education, chancellor or other governing body deems appropriate. 5. [Each safety plan shall be reviewed by the appropriate school safe- ty team on at least an annual basis, and updated as needed] THE DISTRICT-WIDE SAFETY PLAN AND BUILDING-LEVEL EMERGENCY RESPONSE PLANS SHALL BE REVIEWED BY THE APPROPRIATE TEAM ON AT LEAST AN ANNUAL BASIS AND UPDATED AS NEEDED. 6. Each board of education, chancellor or other governing body shall make each district-wide [and building-level school] safety plan avail- able for public comment at least thirty days prior to its adoption[, provided that only a summary of each building-level emergency response plan shall be made available for public comment]. Such district-wide [and building-level] plans may be adopted by the school board only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. Each district shall file a copy of its district-wide [comprehensive] safety plan with the commissioner and all amendments to such plan shall S. 6406--C 37 A. 9006--C be filed with the commissioner no later than thirty days after their adoption. [A] 7. EACH BOARD OF EDUCATION, CHANCELLOR OR OTHER GOVERNING BODY OR OFFICER SHALL ENSURE A copy of each building-level [safety] EMERGENCY RESPONSE plan and any amendments thereto, shall be filed with the appro- priate local law enforcement agency and with the state police within thirty days of its adoption. Building-level emergency response plans shall be confidential and shall not be subject to disclosure under arti- cle six of the public officers law or any other provision of law. If the board of education, chancellor or other governing body or chancellor fails to file such plan as required by this section, the commissioner may, in an amount determined by the commissioner, withhold public money from the district until the district is in compliance. [7. The commissioner may grant a waiver of the requirements of this section to any school district or board of cooperative educational services for a period of up to two years from the date of enactment upon a finding by the commissioner that such district had adopted a compre- hensive school safety plan on the effective date of this section which is in substantial compliance with the requirements of this section.] 8. The commissioner shall annually report to the governor and the legislature on the implementation and compliance with the provisions of this section. 9. Whenever it shall have been demonstrated to the satisfaction of the commissioner that a school district has failed to adopt a code of conduct which fully satisfies the requirements of section twenty-eight hundred one of this article, or a [school safety plan] DISTRICT-WIDE SAFETY PLAN OR BUILDING-LEVEL EMERGENCY RESPONSE PLANS which satisfies the requirements of this section, or to faithfully and completely imple- ment [either or both] ALL THREE, the commissioner may, on thirty days notice to the district, withhold from the district monies to be paid to such district for the current school year pursuant to section thirty-six hundred nine-a of this chapter, exclusive of monies to be paid in respect of obligations to the retirement systems for school and district staff and pursuant to collective bargaining agreements, or the commis- sioner may direct the district to expend up to such amount upon the development and implementation of a code of conduct and a school district safety plan as required by such sections. Prior to such with- holding or redirection, the commissioner shall provide the district an opportunity to present evidence of extenuating circumstances; when combined with evidence that the district shall promptly comply within short time frames that shall be established by the commissioner as part of an agreement between the district and the commissioner, the commis- sioner may temporarily stay the withholding or redirection of funds pending implementation of such agreement. If the district promptly and fully complies with the agreement and is in full compliance with this section and section twenty-eight hundred one of this article, the commissioner shall abate the withholding in its entirety. Any failure to meet the obligations of the compliance agreement by the district within the time frames established shall be considered a willful violation of a commissioner's order by the members of the district board for purposes of subdivision one of section three hundred six of the education law. Notwithstanding any other law, rule or regulation, such transfer shall take effect upon filing of a notice thereof with the director of the budget and the chairs of the senate finance and assembly ways and means committees. S. 6406--C 38 A. 9006--C S 2. The section heading and subdivisions 1 and 1-a of section 807 of the education law, the section heading as amended by chapter 765 of the laws of 1964, subdivision 1 as amended by chapter 143 of the laws of 1985 and subdivision 1-a as added by chapter 9 of the laws of 1991, are amended to read as follows: Fire AND EMERGENCY drills. 1. It shall be the duty of the principal or other person in charge of every public or private school or educa- tional institution within the state, other than colleges or universi- ties, to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to [leave the school building] RESPOND APPROPRIATELY in the shortest possible time and without confusion or panic. Such drills [or rapid dismissals] shall be held at least twelve times in each school year, eight of which required drills shall be held between September first and December [first] THIRTY-FIRST of each such year. [At least one-third of all such required drills shall be through use of the fire escapes on buildings where fire escapes are provided. In the course of at least one such drill, pupils shall be instructed in the procedure to be followed in the event that a fire occurs during lunch period, provided however, that such additional instruction may be waived where a drill is held during the regular school lunch period. At least four] EIGHT OF ALL SUCH DRILLS SHALL BE EVACUATION DRILLS, FOUR OF WHICH SHALL BE THROUGH USE OF THE FIRE ESCAPES ON BUILDINGS WHERE FIRE ESCAPES ARE PROVIDED OR THROUGH THE USE OF IDENTIFIED SECONDARY MEANS OF EGRESS. FOUR OF ALL SUCH REQUIRED DRILLS SHALL BE LOCK-DOWN DRILLS. DRILLS SHALL BE CONDUCTED AT DIFFERENT TIMES OF THE SCHOOL DAY. PUPILS SHALL BE INSTRUCTED IN THE PROCEDURE TO BE FOLLOWED IN THE EVENT THAT A FIRE OCCURS DURING THE LUNCH PERIOD OR ASSEMBLY, PROVIDED HOWEVER, THAT SUCH ADDITIONAL INSTRUCTION MAY BE WAIVED WHERE A DRILL IS HELD DURING THE REGULAR SCHOOL LUNCH PERIOD OR ASSEMBLY. FOUR additional drills shall be held in each school year during the hours after sunset and before sunrise in school buildings in which students are provided with sleeping accommodations. At least two additional drills shall be held during summer school in buildings where summer school is conducted, and one of such drills shall be held during the first week of summer school. 1-a. In the case of after-school programs, events or performances which are conducted within a school building and which include persons who do not regularly attend classes in such school building, the princi- pal or other person in charge of the building shall require the teacher or person in charge of such after-school program, event or performance to notify persons in attendance at the beginning of each such program, event or performance, of the procedures to be followed in the event of an emergency so that they may be able to [leave the building] RESPOND in a timely, orderly manner. S 3. Subdivision 7 of section 3604 of the education law, as amended by section 31 of part B of chapter 57 of the laws of 2007, is amended to read as follows: 7. No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees or board of education for the preceding school year shall show that the public schools were actually in session in the district and taught by a quali- fied teacher or by successive qualified teachers or by qualified teach- ers for not less than one hundred eighty days. The moneys payable to a school district pursuant to section thirty-six hundred nine-a of this chapter in the current year shall be reduced by one one-hundred eight- ieth of the district's total foundation aid for each day less than one hundred eighty days that the schools of the district were actually in S. 6406--C 39 A. 9006--C session, except that the commissioner may disregard such reduction, up to five days, in the apportionment of public money, if he finds that the schools of the district were not in session for one hundred eighty days because of extraordinarily adverse weather conditions, impairment of heating facilities, insufficiency of water supply, shortage of fuel, lack of electricity, natural gas leakage, unacceptable levels of chemi- cal substances, A CREDIBLE THREAT TO STUDENT SAFETY AS REASONABLY DETER- MINED BY A LEAD SCHOOL OFFICIAL or the destruction of a school building either in whole or in part, and if, further, the commissioner finds that such district cannot make up such days of instruction by using for the secondary grades all scheduled vacation days which occur prior to the first scheduled regents examination day in June, and for the elementary grades all scheduled vacation days which occur prior to the last sched- uled regents examination day in June. For the purposes of this subdivi- sion, "scheduled vacation days" shall mean days on which the schools of the district are not in session and for which no prohibition exists in subdivision eight of this section for them to be in session. S 4. This act shall take effect July 1, 2016. PART C Intentionally Omitted PART D Section 1. Subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law, as amended by chapter 260 of the laws of 2011, the opening paragraph as amended by chapter 437 of the laws of 2015 and clause (ii) as amended by section 1 of part P of chapter 57 of the laws of 2012, is amended to read as follows: (4) The trustees shall not impose a differential tuition charge based upon need or income. Except as hereinafter provided, all students enrolled in programs leading to like degrees at state-operated insti- tutions of the state university shall be charged a uniform rate of tuition except for differential tuition rates based on state residency. Provided, however, that the trustees may authorize the presidents of the colleges of technology and the colleges of agriculture and technology to set differing rates of tuition for each of the colleges for students enrolled in degree-granting programs leading to an associate degree and non-degree granting programs so long as such tuition rate does not exceed the tuition rate charged to students who are enrolled in like degree programs or degree-granting undergraduate programs leading to a baccalaureate degree at other state-operated institutions of the state university of New York. Notwithstanding any other provision of this subparagraph, the trustees may authorize the setting of a separate cate- gory of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state. Except as otherwise authorized in this subparagraph, the trustees shall not adopt changes affecting tuition charges prior to the enactment of the annual budget, provided however that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year the state university of New York board of trustees shall be empowered to increase the resident undergraduate rate of S. 6406--C 40 A. 9006--C tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND EACH YEAR THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this title, shall be applied toward the tuition charged for each semes- ter, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (ii) On or before November thirtieth, two thousand eleven, the trus- tees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen-two thousand sixteen academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand fifteen, and provided further, that with the approval of the board of trustees, each university center may increase non-resident undergraduate tuition rates each year by not more than ten percent over the tuition rates of the prior academic year for a [five] SIX year period commencing with the [semester following the semester in which the governor and the chancellor of the state universi- ty of New York approve the NY-SUNY 2020 proposal for such university center] TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND ENDING IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVENTEEN ACADEMIC YEAR. (iii) [The state shall appropriate annually and make available general fund operating support, including fringe benefits, for the state univer- sity in an amount not less than the amount appropriated and made avail- able to the state university in state fiscal year two thousand eleven-- two thousand twelve.] Beginning in state fiscal year two thousand twelve-two thousand thirteen and [thereafter] ENDING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appro- priate and make available general fund operating support, including fringe benefits, for the state university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses at the state university and city university may be reduced in a manner propor- tionate to one another, and the aforementioned provisions shall not apply. (iv) For the state university fiscal years commencing two thousand eleven--two thousand twelve and ending two thousand fifteen--two thou- sand sixteen, each university center may set aside a portion of its tuition revenues derived from tuition increases to provide increased financial aid for New York state resident undergraduate students whose net taxable income is eighty thousand dollars or more subject to the approval of a NY-SUNY 2020 proposal by the governor and the chancellor S. 6406--C 41 A. 9006--C of the state university of New York. Nothing in this paragraph shall be construed as to authorize that students whose net taxable income is eighty thousand dollars or more are eligible for tuition assistance program awards pursuant to section six hundred sixty-seven of this chap- ter. S 2. Paragraph (a) of subdivision 7 of section 6206 of the education law, as amended by chapter 260 of the laws of 2011 and the opening para- graph as amended by chapter 437 of the laws of 2015, is amended to read as follows: (a) The board of trustees shall establish positions, departments, divisions and faculties; appoint and in accordance with the provisions of law fix salaries of instructional and non-instructional employees therein; establish and conduct courses and curricula; prescribe condi- tions of student admission, attendance and discharge; and shall have the power to determine in its discretion whether tuition shall be charged and to regulate tuition charges, and other instructional and non-in- structional fees and other fees and charges at the educational units of the city university. The trustees shall review any proposed community college tuition increase and the justification for such increase. The justification provided by the community college for such increase shall include a detailed analysis of ongoing operating costs, capital, debt service expenditures, and all revenues. The trustees shall not impose a differential tuition charge based upon need or income. All students enrolled in programs leading to like degrees at the senior colleges shall be charged a uniform rate of tuition, except for differential tuition rates based on state residency. Notwithstanding any other provision of this paragraph, the trustees may authorize the setting of a separate category of tuition rate, that shall be greater than the tuition rate for resident students and less than the tuition rate for non-resident students, only for students enrolled in distance learning courses who are not residents of the state; provided, however, that: (i) Commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand sixteen academic year, the city university of New York board of trustees shall be empowered to increase the resident undergraduate rate of tuition by not more than three hundred dollars over the resident under- graduate rate of tuition adopted by the board of trustees in the prior academic year, provided however that COMMENCING WITH THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE ACADEMIC YEAR AND EACH YEAR THEREAFTER if the annual resident undergraduate rate of tuition would exceed five thousand dollars, then a tuition credit for each eligible student, as determined and calculated by the New York state higher education services corporation pursuant to section six hundred eighty-nine-a of this chapter, shall be applied toward the tuition charged for each semester, quarter or term of study. Tuition for each semester, quarter or term of study shall not be due for any student eligible to receive such tuition credit until the tuition credit is calculated and applied against the tuition charged for the corresponding semester, quarter or term. (ii) On or before November thirtieth, two thousand eleven, the trus- tees shall approve and submit to the chairs of the assembly ways and means committee and the senate finance committee and to the director of the budget a master tuition plan setting forth the tuition rates that the trustees propose for resident undergraduate students for the five year period commencing with the two thousand eleven--two thousand twelve academic year and ending in the two thousand fifteen--two thousand S. 6406--C 42 A. 9006--C sixteen academic year, and shall submit any proposed amendments to such plan by November thirtieth of each subsequent year thereafter through November thirtieth, two thousand fifteen. (iii) [The state shall appropriate annually and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available to the city university in state fiscal year two thousand eleven--two thousand twelve.] Beginning in state fiscal year two thou- sand twelve--two thousand thirteen and [thereafter] ENDING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, the state shall appropriate and make available state support for operating expenses, including fringe benefits, for the city university in an amount not less than the amount appropriated and made available in the prior state fiscal year; provided, however, that if the governor declares a fiscal emergency, and communicates such emergency to the temporary president of the senate and speaker of the assembly, state support for operating expenses of the state university and city university may be reduced in a manner proportionate to one another, and the aforementioned provisions shall not apply. S 3. Intentionally omitted. S 4. Intentionally omitted. S 5. Section 16 of chapter 260 of the laws of 2011 amending the educa- tion law and the New York state urban development corporation act relat- ing to establishing components of the NY-SUNY 2020 challenge grant program, as amended by section 65-a of part HH of chapter 57 of the laws of 2013, is amended to read as follows: S 16. This act shall take effect July 1, 2011; provided that sections one, two, three, four, five, six, eight, nine, ten, eleven, twelve[,] AND thirteen[, fourteen and fifteen] of this act shall expire [5] 6 years after such effective date when upon such date the provisions of this act shall be deemed repealed; AND PROVIDED FURTHER THAT SECTIONS FOURTEEN AND FIFTEEN OF THIS ACT SHALL EXPIRE 5 YEARS AFTER SUCH EFFEC- TIVE DATE WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE DEEMED REPEALED. S 6. This act shall take effect immediately; provided that the amend- ments to subparagraph 4 of paragraph h of subdivision 2 of section 355 of the education law made by section one of this act and the amendments to paragraph (a) of subdivision 7 of section 6206 of the education law made by section two of this act shall not affect the expiration of such provisions and shall be deemed to expire therewith; provided further, that if chapter 437 of the laws of 2015 shall not have taken effect by such effective date, then sections one and two of this act shall take effect on the same day and in the same manner as sections 1 and 3 of chapter 437 of the laws of 2015, take effect. PART E Section 1. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. SUNY STONY BROOK AFFILIATION ESCROW FUND. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, REGULATION, OR PRACTICE TO THE CONTRA- RY, THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK (SUNY) A TRUST AND AGENCY FUND, TO BE KNOWN AS THE "SUNY STONY BROOK AFFILIATION ESCROW FUND" WHICH SHALL BE AVAILABLE WITHOUT FISCAL YEAR LIMITATION. S. 6406--C 43 A. 9006--C 2. THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL CONSIST OF (I) ALL MONIES GENERATED THROUGH THE ACTIVITIES OF STONY BROOK AT SOUTHAMP- TON HOSPITAL, INCLUDING BUT NOT LIMITED TO PATIENT REVENUE, FEDERAL REIMBURSEMENT, AND OTHER ASSOCIATED REVENUE SOURCES, (II) RENT PAYMENTS MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL ASSOCIATION UNDER A CERTAIN LEASE AGREEMENT APPROVED BY THE DIRECTOR OF THE BUDGET, THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL AND THE OFFICE OF THE NEW YORK STATE COMPTROLLER AND (III) TO THE EXTENT PERMIT- TED UNDER THE LEASE AGREEMENT REFERRED TO IN PARAGRAPH (II) OF THIS SUBDIVISION, WORKING CAPITAL ADVANCES AND CAPITAL ACQUISITION ADVANCES MADE BY STONY BROOK UNIVERSITY HOSPITAL TO THE SOUTHAMPTON HOSPITAL ASSOCIATION. 3. MONIES OF THE SUNY STONY BROOK AFFILIATION ESCROW FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF STONY BROOK HOSPITAL AT SOUTHAMPTON. S 2. This act shall take effect immediately. PART F Intentionally Omitted PART G Section 1. Subdivision (a) of section 50 of chapter 161 of the laws of 2005 amending the education law relating to the New York state licensed social worker loan forgiveness program, as amended by section 1 of part M of chapter 58 of the laws of 2011, is amended to read as follows: (a) [section two of this act shall expire and be deemed repealed June 30, 2016; and provided, further that] the amendment to paragraph b of subdivision 1 of section 679-c and the amendment to paragraph 2 of subdivision a of section 679-d of the education law made by sections three and four of this act shall not affect the repeal of such sections and shall be deemed repealed therewith; S 2. Section 3 of part V of chapter 57 of the laws of 2005 amending the education law relating to the New York state nursing faculty loan forgiveness incentive program and the New York state nursing faculty scholarship program, as amended by section 1 of part L of chapter 58 of the laws of 2011, is amended to read as follows: S 3. This act shall take effect on the same date and in the same manner as Part H of this chapter; provided that section two of this act shall take effect on the same date and in the same manner as Part I of this chapter[; and provided further that this act shall expire and be deemed repealed on June 30, 2016]. S 3. Section 17 of chapter 31 of the laws of 1985 amending the educa- tion law relating to regents scholarships in certain professions, as amended by section 1 of part K of chapter 58 of the laws of 2011, is amended to read as follows: S 17. This act shall take effect immediately; provided, however, that the scholarship and loan forgiveness programs established pursuant to the provisions of this act shall terminate upon the granting of such awards for the 2008-2009 school year provided, however, that the regents physician loan forgiveness program established pursuant to this act shall [not terminate until the granting of such awards] CONTINUE for the 2015-16 school year[, provided that the final disbursement of any multi-year awards granted in such school year shall be paid] AND THERE- AFTER. S. 6406--C 44 A. 9006--C S 4. Paragraph a of subdivision 5 of section 679-c of the education law, as amended by section 1 of part E3 of chapter 57 of the laws of 2007, is amended to read as follows: a. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (1) three years after the completion of the degree program it is found that an applicant did not begin to provide nursing faculty or clinical nurse faculty services; (2) if such applicant does not provide nursing faculty or clinical nurs- ing faculty services for four years within seven years of the completion of the master's degree program in nursing or doctoral degree; or (3) the student fails to receive a master's degree in nursing or doctoral degree that will qualify them as nursing faculty or adjunct clinical faculty within the three years of receiving the award. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED FOR ANY INTERRUPTION IN GRADUATE OR DOCTORAL STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGU- LATIONS 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 5. Subdivision 5 of section 669-d of the education law, as amended by section 1 of part H1 of chapter 109 of the laws of 2006, is amended to read as follows: 5. The corporation shall convert to a student loan the full amount of the award given pursuant to this section, plus interest, according to a schedule to be determined by the corporation if: (a) two years after the completion of the degree program and receipt of initial certification it is found that a recipient is not teaching in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York; or (b) a recipient has not taught in the field of math or science in a school located within New York state providing secondary education recognized by the board of regents or the university of the state of New York for five of the seven years after the completion of the degree program and receipt of initial certification; or (c) a recipient fails to complete their degree program or changes majors to an undergraduate degree program other than in science or math; or (d) a recipient fails to receive or maintain their teaching certif- icate 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 UNDERGRADUATE OR 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 AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP. S 6. This act shall take effect immediately. PART H Intentionally Omitted S. 6406--C 45 A. 9006--C PART I Intentionally Omitted PART J Intentionally Omitted PART K Section 1. Subdivision 1 of section 652 of the labor law, as amended by section 1 of part P of chapter 57 of the laws of 2013, is 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, AND UNTIL DECEMBER 31, 2016, or, if greater, such other wage as may be established by federal law pursu- ant 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. (A) NEW YORK CITY. (I) LARGE EMPLOYERS. EVERY EMPLOYER OF ELEVEN OR MORE EMPLOYEES SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN: $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2016, $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2017, $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, 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. (II) SMALL EMPLOYERS. EVERY EMPLOYER OF TEN OR LESS EMPLOYEES SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE CITY OF NEW YORK A WAGE OF NOT LESS THAN: $10.50 PER HOUR ON AND AFTER DECEMBER 31, 2016, $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2017, $13.50 PER HOUR ON AND AFTER DECEMBER 31, 2018, $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2019, 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. (B) REMAINDER OF DOWNSTATE. EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED IN THE COUNTIES OF NASSAU, SUFFOLK AND WESTCHESTER A WAGE NOT LESS THAN: $10.00 PER HOUR ON AND AFTER DECEMBER 31, 2016, $11.00 PER HOUR ON AND AFTER DECEMBER 31, 2017, $12.00 PER HOUR ON AND AFTER DECEMBER 31, 2018, $13.00 PER HOUR ON AND AFTER DECEMBER 31, 2019, $14.00 PER HOUR ON AND AFTER DECEMBER 31, 2020, $15.00 PER HOUR ON AND AFTER DECEMBER 31, 2021, S. 6406--C 46 A. 9006--C 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. (C) REMAINDER OF STATE. EVERY EMPLOYER SHALL PAY TO EACH OF ITS EMPLOYEES FOR EACH HOUR WORKED OUTSIDE OF THE CITY OF NEW YORK AND THE COUNTIES OF NASSAU, SUFFOLK, AND WESTCHESTER, A WAGE OF NOT LESS THAN: $9.70 ON AND AFTER DECEMBER 31, 2016, $10.40 ON AND AFTER DECEMBER 31, 2017, $11.10 ON AND AFTER DECEMBER 31, 2018, $11.80 ON AND AFTER DECEMBER 31, 2019, $12.50 ON AND AFTER DECEMBER 31, 2020, AND ON EACH FOLLOWING DECEMBER THIRTY-FIRST, A WAGE PUBLISHED BY THE COMMISSIONER ON OR BEFORE OCTOBER FIRST, BASED ON THE THEN CURRENT MINI- MUM WAGE INCREASED BY A PERCENTAGE DETERMINED BY THE DIRECTOR OF THE BUDGET IN CONSULTATION WITH THE COMMISSIONER, WITH THE RESULT ROUNDED TO THE NEAREST FIVE CENTS, TOTALING NO MORE THAN FIFTEEN DOLLARS, WHERE THE PERCENTAGE INCREASE SHALL BE BASED ON INDICES INCLUDING, BUT NOT LIMITED TO, (I) THE RATE OF INFLATION FOR THE MOST RECENT TWELVE MONTH PERIOD ENDING JUNE OF THAT YEAR BASED ON THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS ON A NATIONAL AND SEASONALLY UNADJUSTED BASIS (CPI-U), OR A SUCCESSOR INDEX AS CALCULATED BY THE UNITED STATES DEPARTMENT OF LABOR, (II) THE RATE OF STATE PERSONAL INCOME GROWTH FOR THE PRIOR CALENDAR YEAR, OR A SUCCESSOR INDEX, PUBLISHED BY THE BUREAU OF ECONOMIC ANALYSIS OF THE UNITED STATES DEPARTMENT OF COMMERCE, OR (III) WAGE GROWTH; OR, IF GREATER, SUCH OTHER WAGE AS MAY BE ESTABLISHED BY FEDERAL LAW PURSU- ANT 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. (D) THE RATES AND SCHEDULES ESTABLISHED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL NOT BE DEEMED TO BE THE MINIMUM WAGE UNDER THIS SUBDIVISION FOR PURPOSES OF THE CALCULATIONS SPECIFIED IN SUBDIVISIONS ONE AND TWO OF SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER. S 2. Subdivisions 4 and 5 of section 652 of the labor law, as amended by chapter 747 of the laws of 2004, are amended to read as follows: 4. Notwithstanding subdivisions one and two of this section, the wage for an employee who is a food service worker receiving tips shall be a cash wage of at least [three dollars and thirty cents per hour on or after March thirty-first, two thousand; three dollars and eighty-five cents on or after January first, two thousand five; at least four dollars and thirty-five cents on or after January first, two thousand six; and at least four dollars and sixty cents on or after January first, two thousand seven] TWO-THIRDS OF THE MINIMUM WAGE RATES SET FORTH IN SUBDIVISION ONE OF THIS SECTION, ROUNDED TO THE NEAREST FIVE CENTS OR SEVEN DOLLARS AND FIFTY CENTS, WHICHEVER IS HIGHER, provided that the tips of such an employee, when added to such cash wage, are equal to or exceed the minimum wage in effect pursuant to subdivision one of this section and provided further that no other cash wage is established pursuant to section six hundred fifty-three of this article. [In the event the cash wage payable under the Fair Labor Standards Act (29 United States Code Sec. 203 (m), as amended), is increased after enactment of this subdivision, the cash wage payable under this subdivi- sion shall automatically be increased by the proportionate increase in the cash wage payable under such federal law, and will be immediately enforceable as the cash wage payable to food service workers under this article.] 5. Notwithstanding subdivisions one and two of this section, meal and lodging allowances for a food service worker receiving a cash wage S. 6406--C 47 A. 9006--C [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,] PURSUANT TO SUBDIVISION FOUR OF THIS SECTION 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 3. Subdivision 6 of section 652 of the labor law is REPEALED and a new subdivision 6 is added to read as follows: 6. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION, AND SECTIONS SIX HUNDRED FIFTY-THREE AND SIX HUNDRED FIFTY-FIVE OF THIS ARTICLE, ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AND EACH JANUARY FIRST THER- EAFTER UNTIL SUCH TIME AS THE MINIMUM WAGE IS FIFTEEN DOLLARS IN ALL AREAS OF THE STATE, THE DIVISION OF BUDGET SHALL CONDUCT AN ANALYSIS OF THE STATE OF THE ECONOMY IN EACH REGION, AND THE EFFECT OF THE MINIMUM WAGE INCREASES LISTED IN THIS SECTION, TO DETERMINE WHETHER THERE SHOULD BE A TEMPORARY SUSPENSION OR DELAY IN ANY SCHEDULED INCREASES. IN CONDUCTING ITS ANALYSIS, THE DIVISION OF BUDGET SHALL CONSULT THE DEPARTMENT, THE DEPARTMENT'S DIVISION OF RESEARCH AND STATISTICS, THE UNITED STATES DEPARTMENT OF LABOR, THE FEDERAL RESERVE BANK OF NEW YORK AND OTHER ECONOMIC EXPERTS. THE DIVISION OF BUDGET WILL REFERENCE WELL- ESTABLISHED ECONOMIC INDEXES AND ACCEPTED ECONOMIC FACTORS, INCLUDING THOSE SET FORTH IN SECTION SIX HUNDRED FIFTY-FOUR OF THIS ARTICLE, TO JUSTIFY AND EXPLAIN ITS DECISION. AFTER REVIEWING SUCH INDEXES AND FACTORS, THE DIVISION SHALL DETERMINE WHETHER SCHEDULED INCREASES IN THE MINIMUM WAGE SHALL CONTINUE UP TO AND INCLUDING FIFTEEN DOLLARS. THE DIVISION OF BUDGET WILL ISSUE A REPORT AND RECOMMENDATION TO THE COMMIS- SIONER, WHO SHALL TAKE ACTION ON THAT REPORT AND RECOMMENDATION PURSUANT TO SECTION SIX HUNDRED FIFTY-SIX OF THIS ARTICLE. S 4. Notwithstanding sections 653, 655, 656 and 659 of the labor law, the power of the commissioner of labor to appoint, convene, or reconvene a wage board, and to take action upon the report and recommendation of a wage board shall exclude the power to appoint, convene, or reconvene a wage board to inquire into, report, and recommend a wage that exceeds the highest rate listed in section 652 of the labor law as amended by section one of this act prior to such rate becoming effective, and shall exclude the power to take action on, adopt, or modify, any prior recom- mendation by any wage board to establish such wage. Such limitation shall not preclude such commissioner's power to appoint, convene, or reconvene a wage board to inquire into, report and recommend regulations to carry out the purposes of article 19 of the labor law. S 5. Notwithstanding subdivision 2 of section 652 and subdivision (2) of section 653 of the labor law, the commissioner of labor may smooth wages and modify an existing wage order to conform with subdivision 1 of section 652 of the labor law, as amended by section one of this act, and provided further that in no event may a worker's wages be reduced by such conformity. S 6. This act shall take effect immediately. PART L Intentionally Omitted PART M S. 6406--C 48 A. 9006--C Section 1. Clause (G) of subparagraph (vii) of paragraph 2 of subdivi- sion (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: (G) where a child has or will before the next permanency hearing reach the age of fourteen, (I) the services and assistance necessary to assist the child in learning independent living skills TO ASSIST THE CHILD TO MAKE THE TRANSITION FROM FOSTER CARE TO SUCCESSFUL ADULTHOOD; AND (II) A. THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD IN FOSTER CARE WHO HAS ATTAINED THE AGE OF FOURTEEN, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR THE CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH LOCAL COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND B. THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD TO THE CHILD; and S 2. Paragraph (b) of subdivision 7 of section 355.5 of the family court act, as amended by section 17 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (b) in the case of a respondent who has attained the age of fourteen, (I) the services needed, if any, to assist the respondent to make the transition from foster care to [independent living] SUCCESSFUL ADULT- HOOD; AND (II)(A) THAT THE PERMANENCY PLAN DEVELOPED FOR THE RESPONDENT, AND ANY REVISION OR ADDITION TO THE PLAN, SHALL BE DEVELOPED IN CONSUL- TATION WITH THE RESPONDENT AND, AT THE OPTION OF THE RESPONDENT, WITH UP TO TWO MEMBERS OF THE RESPONDENT'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE RESPONDENT AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE RESPONDENT OR THE COMMISSIONER OF THE OFFICE OF CHILDREN AND FAMILY SERVICES IF SUCH OFFICE HAS CUSTODY OF THE RESPONDENT MAY REJECT AN INDIVIDUAL SELECTED BY THE RESPONDENT IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE RESPONDENT, AND (B) THAT ONE INDIVIDUAL SO SELECTED BY THE RESPONDENT MAY BE DESIG- NATED TO BE THE RESPONDENT'S ADVISOR AND, AS NECESSARY, ADVOCATE, WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 3. Paragraph (ii) of subdivision (d) of section 756-a of the family court act, as amended by section 22 of part L of chapter 56 of the laws of 2015, is amended to read as follows: (ii) in the case of a child who has attained the age of fourteen, (A) the services needed, if any, to assist the child to make the transition from foster care to [independent living] SUCCESSFUL ADULTHOOD; AND (B)(1) THAT THE PERMANENCY PLAN DEVELOPED FOR THE CHILD, AND ANY REVISION OR ADDITION TO THE PLAN SHALL BE DEVELOPED IN CONSULTATION WITH THE CHILD AND, AT THE OPTION OF THE CHILD, WITH UP TO TWO ADDITIONAL MEMBERS OF THE CHILD'S PERMANENCY PLANNING TEAM WHO ARE SELECTED BY THE CHILD AND WHO ARE NOT A FOSTER PARENT OF, OR CASE WORKER, CASE PLANNER OR CASE MANAGER FOR, THE CHILD, EXCEPT THAT THE LOCAL COMMISSIONER OF SOCIAL SERVICES WITH CUSTODY OF THE CHILD MAY REJECT AN INDIVIDUAL SO SELECTED BY THE CHILD IF SUCH COMMISSIONER HAS GOOD CAUSE TO BELIEVE S. 6406--C 49 A. 9006--C THAT THE INDIVIDUAL WOULD NOT ACT IN THE BEST INTERESTS OF THE CHILD, AND (2) THAT ONE INDIVIDUAL SO SELECTED BY THE CHILD MAY BE DESIGNATED TO BE THE CHILD'S ADVISOR AND, AS NECESSARY, ADVOCATE WITH RESPECT TO THE APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD; S 4. Subdivisions 1 and 2 of section 458-c 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. A social services official shall make payments for non-recurring guardianship expenses incurred by or on behalf of the relatives OR SUCCESSOR GUARDIANS who have been approved by the social services offi- cial to receive kinship guardianship assistance payments, when such expenses are incurred in connection with assuming the guardianship of a foster child OR A FORMER FOSTER CHILD IN REGARD TO SUCCESSOR GUARDIANS. The agreement for the payment of non-recurring guardianship expenses must be reflected in the written agreement set forth in subdivision four of section four hundred fifty-eight-b of this title. In accordance with subdivision two of this section, the payments shall be made by the social services official either to the relative OR SUCCESSOR guardian or guardians directly or to an attorney on behalf of the relative OR SUCCESSOR guardian or guardians, AS APPLICABLE, for the allowable amount of non-recurring guardianship expenses incurred in connection with obtaining such guardianship. 2. The amount of the payment made pursuant to this section shall not exceed two thousand dollars for each foster child for whom the relatives, OR EACH FORMER FOSTER CHILD FOR WHOM THE SUCCESSOR GUARDIANS, seek guardianship or permanent guardianship and shall be available only for those expenses that are determined to be eligible for reimbursement by the social services official in accordance with the regulations of the office of children and family services. S 5. The social services law is amended by adding a new section 383-a to read as follows: S 383-A. IMMUNITY FROM LIABILITY FOR APPLICATION OF THE REASONABLE AND PRUDENT PARENT STANDARD. 1. LEGISLATIVE INTENT. IT IS THE INTENT OF THE LEGISLATURE TO PROMOTE A SAFE AND NURTURING ENVIRONMENT FOR CHILDREN IN FOSTER CARE THAT, AMONG OTHER THINGS, ALLOWS THEM TO ENGAGE IN AGE AND DEVELOPMENTALLY APPROPRIATE ACTIVITIES WITH THEIR PEERS. IT IS ALSO THE INTENT OF THE LEGISLATURE TO ENCOURAGE CAREGIVERS TO ALLOW FOSTER CHIL- DREN TO PARTICIPATE IN SUCH ACTIVITIES BY PROVIDING TRAINING, GUIDANCE, AND APPROPRIATE LIABILITY PROTECTIONS WHEN CAREGIVERS MAKE REASONABLE AND PRUDENT DECISIONS WITH REGARD TO SUCH ACTIVITIES. IT IS NOT THE INTENT OF THE LEGISLATURE TO RELIEVE CAREGIVERS OR ANY OTHER PERSON OF ANY DUTY OR RESPONSIBILITY OWED TO A FOSTER CHILD. 2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "CAREGIVER" SHALL MEAN THE FOLLOWING PERSON OR ENTITY AT THE TIME THAT SUCH PERSON OR ENTITY WAS RESPONSIBLE FOR THE CARE OF THE FOSTER CHILD OR CHILDREN: (I) A FOSTER PARENT WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT PARENT STANDARD IN ACCORDANCE WITH 42 U.S.C. 671 AS AMENDED BY P.L. 113-183 AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (II) THE EMPLOYEE OF A CHILD CARE FACILITY OPERATED BY AN AUTHORIZED AGENCY THAT IS DESIGNATED TO APPLY THE REASONABLE AND PRUDENT PARENT STANDARD WHO HAS BEEN TRAINED IN THE REASONABLE AND PRUDENT PARENT STAN- DARD IN ACCORDANCE WITH 42 U.S.C. 671 AS AMENDED BY P.L. 113-183 AND THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. S. 6406--C 50 A. 9006--C (B) "CHILD" SHALL MEAN A CHILD WHO IS IN FOSTER CARE OR WHO WAS IN FOSTER CARE AT THE TIME THE REASONABLE AND PRUDENT PARENT STANDARD WAS APPLIED. (C) "CHILD CARE FACILITY" SHALL MEAN AN INSTITUTION, GROUP RESIDENCE, GROUP HOME, AGENCY OPERATED BOARDING HOME, OR SUPERVISED INDEPENDENT LIVING PROGRAM. (D) "REASONABLE AND PRUDENT PARENT STANDARD" SHALL MEAN, IN ACCORDANCE WITH 42 U.S.C. 675 AS AMENDED BY P.L. 113-183, THE STANDARD CHARACTER- IZED BY CAREFUL AND SENSIBLE PARENTAL DECISIONS THAT MAINTAIN THE HEALTH, SAFETY, AND BEST INTERESTS OF A CHILD WHILE AT THE SAME TIME ENCOURAGING THE EMOTIONAL AND DEVELOPMENTAL GROWTH OF THE CHILD THAT A CAREGIVER SHALL USE WHEN DETERMINING WHETHER TO ALLOW A CHILD IN FOSTER CARE TO PARTICIPATE IN EXTRACURRICULAR, ENRICHMENT, CULTURAL OR SOCIAL ACTIVITIES. (E) "AGE OR DEVELOPMENTALLY-APPROPRIATE" SHALL MEAN: (I) ACTIVITIES OR ITEMS THAT ARE GENERALLY ACCEPTED AS SUITABLE FOR CHILDREN OF THE SAME CHRONOLOGICAL AGE OR LEVEL OF MATURITY OR THAT ARE DETERMINED TO BE DEVELOPMENTALLY-APPROPRIATE FOR A CHILD, BASED ON THE DEVELOPMENT OF COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES THAT ARE TYPICAL FOR AN AGE OR AGE GROUP; AND (II) IN THE CASE OF A SPECIFIC CHILD, ACTIVITIES OR ITEMS THAT ARE SUITABLE FOR THE CHILD BASED ON THE DEVELOPMENTAL STAGE ATTAINED BY THE CHILD WITH RESPECT TO THE COGNITIVE, EMOTIONAL, PHYSICAL, AND BEHAVIORAL CAPACITIES OF THE CHILD. 3. CAREGIVERS SHALL APPLY THE REASONABLE AND PRUDENT PARENT STANDARD WHEN DECIDING WHETHER OR NOT TO ALLOW A CHILD IN FOSTER CARE TO PARTIC- IPATE IN AGE OR DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR SOCIAL ACTIVITIES. WHERE SUCH DECISIONS REQUIRE THE INPUT OR PERMISSION OF A LOCAL DEPARTMENT OF SOCIAL SERVICES OR A VOLUNTARY AUTHORIZED AGENCY, SUCH DEPARTMENT OR AGENCY SHALL ALSO APPLY THE REASONABLE AND PRUDENT PARENT STANDARD IN MAKING A DECISION ABOUT PARTICIPATION IN SUCH ACTIVITIES. 4. WHETHER OR NOT A CAREGIVER IS LIABLE FOR INJURIES TO THE CHILD THAT OCCUR AS A RESULT OF PARTICIPATION IN AGE OR DEVELOPMENTALLY APPROPRIATE EXTRACURRICULAR, ENRICHMENT, CULTURAL, OR SOCIAL ACTIVITIES SHALL BE DETERMINED BASED UPON WHETHER SUCH DECISION TO ALLOW PARTICIPATION WAS MADE IN COMPLIANCE WITH THE STANDARD DEFINED IN PARAGRAPH (D) OF SUBDI- VISION TWO OF THIS SECTION AND ANY OTHER FACTORS AS REQUIRED BY LAW. WHERE SUCH CHILD IS INJURED AS A RESULT OF THE DECISION TO ALLOW PARTIC- IPATION IN SUCH ACTIVITIES, A CAREGIVER SHALL NOT BE LIABLE FOR SUCH INJURIES IF THE DECISION TO ALLOW SUCH PARTICIPATION WAS MADE IN COMPLI- ANCE WITH THE REASONABLE AND PRUDENT PARENT STANDARD AS SET FORTH HERE- IN. PROVIDED HOWEVER NOTHING IN THIS SECTION SHALL OTHERWISE LIMIT THE ABILITY OF A CHILD TO BRING AN ACTION AGAINST A CAREGIVER OR ANY OTHER PARTY WHOSE ACTS OR OMISSIONS RESULT IN INJURY TO SUCH CHILD. WHERE A LOCAL DEPARTMENT OF SOCIAL SERVICES OR VOLUNTARY AUTHORIZED AGENCY HAS MADE OR BEEN INVOLVED IN THE DECISIONS UNDER SUBDIVISION THREE OF THIS SECTION, THE LIABILITY STANDARDS FOR CAREGIVERS SHALL APPLY TO SUCH DISTRICT OR AGENCY. S 6. The opening paragraph of paragraph (e) of subdivision 2 of section 378-a of the social services law, as amended by section 10 of part L of chapter 56 of the laws of 2015, is amended to read as follows: [After] EXCEPT AS SET FORTH IN PARAGRAPH (M) OF THIS SECTION, AFTER reviewing any criminal history record information provided by the divi- sion of criminal justice services, the office of children and family S. 6406--C 51 A. 9006--C services shall promptly notify the authorized agency or other state agency that: S 7. Subdivision 2 of section 378-a of the social services law is amended by adding a new paragraph (m) to read as follows: (M)(1) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL NOT RELEASE THE CONTENT OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION IN ACCORDANCE WITH THIS SUBDIVISION TO AN AUTHORIZED AGENCY, AS DEFINED IN PARAGRAPHS (A) OR (C) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE. (2) FOR ANY APPLICATION MADE TO SUCH AN AUTHORIZED AGENCY UNDER THIS SUBDIVISION, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL: (A) REVIEW AND EVALUATE THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK OF THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT AND ANY OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDES IN THE HOME OF SUCH APPLICANT IN ACCORDANCE WITH THE STANDARDS SET FORTH IN PARAGRAPH (E) OF THIS SUBDIVISION RELATING TO MANDATORY DISQUALIFYING CONVICTIONS, HOLD IN ABEYANCE CHARGES OR CONVICTIONS, AND DISCRETIONARY CHARGES AND CONVICTIONS; AND (B) BASED ON THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, INFORM SUCH AUTHORIZED AGENCY THAT THE APPLICATION FOR CERTIF- ICATION OR APPROVAL OF THE PROSPECTIVE FOSTER PARENT OR THE PROSPECTIVE ADOPTIVE PARENT EITHER: (I) MUST BE DENIED; (II) MUST BE HELD IN ABEY- ANCE PENDING SUBSEQUENT NOTIFICATION FROM THE OFFICE OF CHILDREN AND FAMILY SERVICES; OR (III) THAT THE OFFICE OF CHILDREN AND FAMILY SERVICES HAS NO OBJECTION, SOLELY BASED ON THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK, FOR THE AUTHORIZED AGENCY TO PROCEED WITH A DETER- MINATION ON SUCH APPLICATION BASED ON THE STANDARDS FOR CERTIFICATION OR APPROVAL OF A PROSPECTIVE FOSTER PARENT OR PROSPECTIVE ADOPTIVE PARENT, AS SET FORTH IN THE REGULATIONS OF THE OFFICE OF CHILDREN AND FAMILY SERVICES. (3) WHERE THE OFFICE OF CHILDREN AND FAMILY SERVICES DIRECTS THE AUTHORIZED AGENCY TO DENY THE APPLICATION OF A PROSPECTIVE FOSTER PARENT OR A PROSPECTIVE ADOPTIVE PARENT IN ACCORDANCE WITH THIS PARAGRAPH, THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ALSO NOTIFY THE PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON OVER THE AGE OF EIGHTEEN WHO RESIDED IN THE HOME OF THE APPLICANT WHOSE CRIMINAL HISTORY WAS THE BASIS FOR THE DENIAL AND SHALL PROVIDE SUCH PROSPECTIVE FOSTER PARENT, PROSPECTIVE ADOPTIVE PARENT OR OTHER PERSON A COPY OF THE RESULTS OF THE NATIONWIDE CRIMINAL HISTORY RECORD CHECK UPON WHICH SUCH DENIAL WAS BASED AND A WRITTEN STATEMENT SETTING FORTH THE REASONS FOR SUCH DENIAL. IF THE APPLICANT IS DISQUALIFIED UNDER ITEM (II) OF CLAUSE (A) OF SUBPARAGRAPH ONE OF PARAGRAPH (E) OF THIS SUBDIVISION, THEN THE APPLICANT MAY APPLY FOR RELIEF FROM THE MANDATORY DISQUALIFICATION BASED ON THE GROUNDS THAT THE OFFENSE WAS NOT SPOUSAL ABUSE AS THAT TERM IS DEFINED IN PARAGRAPH (J) OF THIS SUBDIVISION. (4) THIS PARAGRAPH DOES NOT APPLY TO NATIONWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION ON BEHALF OF STATE AGENCIES OR AUTHORIZED AGENCIES, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TEN OF SECTION THREE HUNDRED SEVENTY-ONE OF THIS TITLE, OR TO THE RESULTS OF STATEWIDE CRIMINAL HISTORY RECORD CHECKS CONDUCTED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES. S 8. 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 judgement shall not affect, impair, or invalidate the remainder thereof, but shall be S. 6406--C 52 A. 9006--C 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 9. This act shall take effect immediately, provided however that sections six and seven of this act shall take effect on the two hundred seventieth day after it shall have become a law. PART N Intentionally Omitted PART O 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) in the case of each individual receiving family care, an amount equal to at least $141.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (b) in the case of each individual receiving residential care, an amount equal to at least $163.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (c) in the case of each individual receiving enhanced residential care, an amount equal to at least $193.00 for each month beginning on or after January first, two thousand [fifteen] SIXTEEN. (d) for the period commencing January first, two thousand [sixteen] SEVENTEEN, 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 [sixteen] SEVENTEEN, but prior to June thirtieth, two thousand [sixteen] SEVENTEEN, 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 I of chapter 56 of the laws of 2015, are amended to read as follows: (a) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living alone, $820.00; and for an eligible couple living alone, $1204.00. (b) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual living with others with or without in-kind income, $756.00; and for an eligible couple living with others with or without in-kind income, $1146.00. (c) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving family care, $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 S. 6406--C 53 A. 9006--C subparagraph (i) of this paragraph; or (iii) for an eligible individual receiving such care in any other county in the state, $961.48; and (iv) for an eligible couple receiving such care in any other county in the state, two times the amount set forth in subparagraph (iii) of this paragraph. (d) On and after January first, two thousand [fifteen] SIXTEEN, (i) for an eligible individual receiving residential care, $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, $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 subpara- graph (iii) of this paragraph. (e) (i) On and after January first, two thousand [fifteen] SIXTEEN, for an eligible individual receiving enhanced residential care, $1427.00; and (ii) for an eligible couple receiving enhanced residential care, two times the amount set forth in subparagraph (i) of this para- graph. (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 [sixteen] SEVENTEEN but prior to June thirtieth, two thousand [sixteen] SEVENTEEN. S 3. This act shall take effect December 31, 2016. PART P 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-two million two hundred ninety-two thousand dollars for the fiscal year ending March 31, 2017. 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-two million two hundred ninety-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 2015-2016 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, 2016. 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, 2017 for as many S. 6406--C 54 A. 9006--C 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, 2017 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, 2017. 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 finance agency, for the purposes of reimbursing any costs associated with Mitc- hell Lama housing projects authorized by this section, a total sum not to exceed forty-two million 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 2015-2016 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, 2017. 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 nine hundred seventy- nine thousand dollars for the fiscal year ending March 31, 2017. 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 services to companies funded pursuant to article XVI 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 neighborhood preservation program contracts authorized by this section, a total sum not to exceed eight million nine 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 2015-2016 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, 2016. S. 6406--C 55 A. 9006--C 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 seven hundred thirty-nine thousand dollars for the fiscal year ending March 31, 2017. 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 seven 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 2015-2016 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, 2016. 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 thirty-one million two hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 and urban community invest- ment fund program contracts authorized by this section, a total sum not to exceed thirty-one million two hundred fifty thousand dollars, such transfer to be made from (i) the special account of the mortgage insur- ance 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 2015-2016 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 main- tain 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, 2017. S 6. 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 S. 6406--C 56 A. 9006--C to article XVIII of the private housing finance law, a sum not to exceed ten million dollars for the fiscal year ending March 31, 2017. Notwith- standing 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 carrying out the provisions of the low income housing trust fund program created pursuant to article XVIII of the private housing finance law authorized by this section, a total sum not to exceed ten million 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 2015-2016 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, 2017. S 7. 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 twelve million seven hundred fifty thousand dollars for the fiscal year ending March 31, 2017. 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 homes for working families program contracts authorized by this section, a total sum not to exceed twelve million seven hundred fifty 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 2015-2016 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, 2017. S 8. 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 fifteen million six hundred nine- ty thousand dollars and an additional sum not to exceed six hundred S. 6406--C 57 A. 9006--C thousand dollars for purposes of the New York state supportive housing program for the fiscal year ending March 31, 2017. The homeless housing and assistance corporation may enter into an agreement with the office of temporary and disability assistance to administer such sum in accord- ance with the requirements of the programs. Notwithstanding 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 sixteen million two hundred nine- ty 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 2015-2016 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, 2017. S 9. Notwithstanding any other provision of law, the housing trust fund corporation shall provide, for the purposes of the mobile and manu- factured home replacement program, a sum not to exceed two million dollars for the fiscal year ending March 31, 2017. Eligible units of local government or not-for-profit corporations with substantial experience in affordable housing, may apply to administer local programs to replace dilapidated mobile or manufactured homes that are sited on land owned by the homeowner with new manufactured, modular or site built homes. All replacement homes shall be energy star rated for energy efficiency. The total contract pursuant to any one eligible applicant in a specified region may not exceed five hundred thousand dollars. The corporation shall authorize the eligible applicant to spend seven and one-half percent of the contract amount for approved planning and costs associated with administering the program. The contract shall provide for completion of the program within a reasonable period, as specified therein, which shall not exceed four years from commencement of the program. Upon request, the corporation may extend the term of the contract for up to an additional one year period for good cause shown by the eligible applicant. An eligible property must be the primary residence of the homeowner with a total household income that does not exceed eighty percent of area median income for the county in which a project is located as calculated by the United States department of housing and urban develop- ment. Funds shall be made available for relocation assistance to eligi- ble property owners who are unable to voluntarily relocate during the demolition and construction phases of the project. The cost of demoli- tion and removal shall be an eligible use within the program. The total payment to replace a mobile or manufactured home pursuant to any one eligible property shall not exceed one hundred thousand dollars and provide for completion not to exceed four years. Financial assistance to property owners shall be one hundred percent grants in the form of deferred payment loans (DPL). A ten year declining balance lien in the form of a note and mortgage, duly filed at the coun- S. 6406--C 58 A. 9006--C ty clerk's office, will be utilized for replacement projects. No inter- est or payments will be required on the DPL unless the property is sold or transferred before the regulatory term expires. In such cases funds will be recaptured from the proceeds of the sale of the home, on a declining balance basis, unless an income-eligible immediate family member accepts ownership of, and resides in the home for the remainder of the regulatory term. Notwithstanding any other provision of law, and subject to 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 carrying out the provisions of the mobile and manufactured home replacement program, a total sum not to exceed two million 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 2015- 2016 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, 2017. S 10. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for costs associated with naturally occurring retirement communities, a sum not to exceed three hundred fifty thousand dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, 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 naturally occurring retirement communities authorized by this section, a total sum not to exceed three hundred fifty 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 2015-2016 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, 2017. S 11. Notwithstanding any other provision of law to the contrary, the housing trust fund corporation may provide, for costs associated with neighborhood naturally occurring retirement communities, a sum not to exceed three hundred fifty thousand dollars for the fiscal year ending March 31, 2017. Notwithstanding any other provision of law to the contrary, and subject to the approval of the New York state director of S. 6406--C 59 A. 9006--C the budget, the board of directors of the state of New York mortgage agency shall authorize the transfer to the housing trust fund corpo- ration, for the purposes of reimbursing any costs associated with neigh- borhood naturally occurring retirement communities authorized by this section, a total sum not to exceed three hundred fifty 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 authori- ties law, in an amount not to exceed the actual excess balance in the special account of the mortgage insurance fund, as determined and certi- fied by the state of New York mortgage agency for the fiscal year 2015- 2016 in accordance with section 2429-b of the public authorities law, if any, and/or (ii) provided that the reserves in the project pool insur- ance 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 project pool insurance account of the mortgage insurance fund, such transfer to be made as soon as practicable but no later than March 31, 2017. S 12. This act shall take effect immediately. PART Q Section 1. Section 4 of subpart A of part D of chapter 58 of the laws the 2011 amending the education law relating to capital facilities in support of the state university and community colleges, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S 2. Section 4 of subpart B of part D of chapter 58 of the laws of 2011 amending the education law relating to procurement in support of the state and city universities, is amended to read as follows: S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, [2016] 2021. S 3. Section 3 of subpart C of part D of chapter 58 of the laws of 2011 amending the education law relating to state university health care facilities, is amended to read as follows: S 3. This act shall take effect immediately, and shall expire and be deemed repealed June 30, [2016] 2021. S 4. This act shall take effect immediately. PART R Section 1. Subdivision 1 of section 663 of the education law, as amended by section 1 of part F of chapter 58 of the laws of 2011, is amended to read as follows: 1. Income defined. Except as otherwise provided in this section, "income" shall be the total of the combined net taxable income and income from pensions of New York state, local governments, the federal government and any private employer of the applicant, the applicant's spouse, and the applicant's parents, including any pension and annuity income excluded for purposes of taxation pursuant to paragraph three-a of subsection (c) of section six hundred twelve of the tax law, as reported in New York state income tax returns for the calendar year [next preceding the beginning of the school year for] COINCIDING WITH THE TAX YEAR ESTABLISHED BY THE U.S. DEPARTMENT OF EDUCATION TO QUALIFY APPLICANTS FOR FEDERAL STUDENT FINANCIAL AID PROGRAMS AUTHORIZED BY S. 6406--C 60 A. 9006--C TITLE IV OF THE HIGHER EDUCATION ACT OF 1965, AS AMENDED, FOR THE SCHOOL YEAR IN which application for assistance is made, except that any amount received by an applicant as a scholarship at an educational institution or as a fellowship grant, including the value of contributed services and accommodations, shall not be included within the definition of "income" for the purposes of this article. The term "parent" shall include birth parents, stepparents, adoptive parents and the spouse of an adoptive parent. Income, if not a whole dollar amount, shall be assumed to be equal to the next lowest whole dollar amount. Any change in the status of an applicant with regard to the persons responsible for the applicant's support occurring after the beginning of any semester shall not be considered to change the applicant's award for that semes- ter. S 2. This act shall take effect immediately and shall apply to all awards commencing with the 2017-2018 school year and thereafter. PART S Section 1. Subdivision c of section 2 of part K of chapter 58 of the laws of 2010 amending the social services law relating to establishing the savings plan demonstration project, is amended to read as follows: c. this act shall expire and be deemed repealed March 31, [2016] 2017. S 2. This act shall take effect immediately. PART T Section 1. Subdivision 10 of section 6306 of the education law, as added by section 1 of part Y of chapter 56 of the laws of 2015, is amended to read as follows: 10. The boards of trustees of the state university of New York commu- nity colleges shall consult with boards of cooperative educational services (BOCES) to identify new or existing programs offered to students that would allow a student to pursue an associate of occupa- tional studies (AOS) degree from a community college upon high school graduation. Once identified, BOCES in collaboration with the community college boards of trustees shall make such path, identified programs, and AOS degree options known to ensure that students are aware that such options exist. Such notification [may] SHALL begin [as early as] IN the [seventh] EIGHTH grade, AND INCLUDE THE PROVISION OF MATERIALS ON AOS DEGREE OPTIONS TO SCHOOL COUNSELORS IN EACH SCHOOL DISTRICT IN SUCH REGION. Provided however, that such boards and BOCES shall not take any action to direct or suggest that a student should pursue a particular degree or pathway. S 2. This act shall take effect immediately. PART U Section 1. Subdivisions 3, 5 and 6 of section 6456 of the education law, as added by section 1 of part X of chapter 56 of the laws of 2015, are amended to read as follows: 3. A. Funds appropriated IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR for the purposes of this initiative shall be allo- cated by sector as follows: fifty-two percent for institutions in the state university of New York; thirty percent for institutions in the city university of New York; and eighteen percent for other degree- S. 6406--C 61 A. 9006--C granting institutions in New York with current Arthur O. Eve higher education opportunity programs. B. FUNDS APPROPRIATED IN THE TWO THOUSAND SIXTEEN--TWO THOUSAND SEVEN- TEEN ACADEMIC YEAR AND THEREAFTER FOR THE PURPOSES OF THIS INITIATIVE SHALL BE ALLOCATED BY SECTOR BASED ON THE PERCENTAGE OF FOSTER YOUTH IDENTIFIED BY EACH INSTITUTION THAT WILL BE SERVED BY THIS INITIATIVE IN THE FOLLOWING ACADEMIC YEAR, IN APPLICATIONS RECEIVED BY THE COMMISSION- ER PURSUANT TO SUBDIVISION SIX OF THIS SECTION, PROVIDED HOWEVER THAT THE AWARD PER STUDENT FOR FOSTER YOUTH FIRST SERVED IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR SHALL BE NO LESS THAN THE AMOUNT PER STUDENT AWARDED FOR THOSE STUDENTS IN THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN ACADEMIC YEAR. 5. Moneys made available to institutions under this section shall be spent for the following purposes: a. to provide additional services and expenses to expand opportunities through existing postsecondary opportunity programs at the state univer- sity of New York, the city university of New York, and other degree- granting higher education institutions for foster youth; b. to provide any necessary supplemental financial aid for foster youth, which may include the cost of tuition and fees, books, transpor- tation, HOUSING and other expenses as determined by the commissioner to be necessary for such foster youth to attend college; c. summer college preparation programs to help foster youth transition to college, prepare them to navigate on-campus systems, and provide preparation in reading, writing, and mathematics for foster youth who need it; or d. advisement, tutoring, and academic assistance for foster youth. 6. Eligible institutions shall file an application for approval by the commissioner no later than the first of [October] MAY each year demon- strating a need for such funding, including how the funding would be used and how many foster youth would be assisted with such funding. Successful applicants will be funded as provided in subdivision four of this section. S 2. This act shall take effect immediately. PART V Section 1. The education law is amended by adding a new section 609 to read as follows: S 609. TUITION, AID AND PLACEMENT REPORT. IN ACADEMIC YEAR TWO THOU- SAND SIXTEEN--TWO THOUSAND SEVENTEEN, ALL NON-PUBLIC INSTITUTIONS OF HIGHER EDUCATION, RECOGNIZED AND APPROVED BY THE REGENTS OF THE UNIVER- SITY OF THE STATE OF NEW YORK, WHICH PROVIDE A COURSE OF STUDY LEADING TO THE GRANTING OF A FOUR YEAR POST-SECONDARY DEGREE OR DIPLOMA, EXCEPT FOR A NON-PUBLIC DEGREE-GRANTING INSTITUTION THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCALAUREATE DEGREE, OR AT A REGIS- TERED NOT-FOR-PROFIT BUSINESS SCHOOL QUALIFIED FOR TAX EXEMPTION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE FOR FEDERAL INCOME TAX PURPOSES THAT DOES NOT OFFER A PROGRAM OF STUDY THAT LEADS TO A BACCA- LAUREATE DEGREE, SHALL REPORT TO THE SENATE AND ASSEMBLY CHAIRS OF THE HIGHER EDUCATION COMMITTEES ON OR BEFORE AUGUST FIFTEENTH, TWO THOUSAND SIXTEEN, ON THE FOLLOWING: FACTORS THAT DRIVE COST INCREASES; TUITION TRENDS FOR THE PAST SIX YEARS AND PERCENTAGE OF YEAR TO YEAR INCREASES; TOTAL COST OF FEES; IF THE INSTITUTION HAS AN ENDOWMENT AND THE AMOUNT OF SUCH ENDOWMENT; THE AVERAGE INSTITUTIONAL FINANCIAL AID PACKAGE BY INCOME BRACKET AS DEFINED BY THE NATIONAL CENTER FOR EDUCATION STATIS- S. 6406--C 62 A. 9006--C TICS' INTEGRATED POST-SECONDARY EDUCATION DATA SYSTEM; GRADUATION RATES FOR FOUR, FIVE AND SIX YEARS; ENROLLMENT TRENDS OVER THE PAST SIX YEARS; THE AMOUNT SPENT TO EDUCATE STUDENTS PER FTE; THE PERCENTAGE OF STUDENTS WHO ARE TAP AND PELL ELIGIBLE; ADMINISTRATIVE AND OPERATING COSTS AND THE PERCENTAGE OF THOSE COSTS FUNDED BY TUITION; AND COST SAVING MEAS- URES IMPLEMENTED OVER THE PAST SIX YEARS, IF ANY. S 2. This act shall take effect immediately. PART W Section 1. Subdivision (i) of section 17 of the social services law, as relettered by section 1 of part K3 of chapter 57 of the laws of 2007, is relettered subdivision (j). S 2. Section 17 of the social services law is amended by adding a new subdivision (i) to read as follows: (I) HAVE THE AUTHORITY APPOINT A TEMPORARY OPERATOR IN ACCORDANCE WITH THIS SUBDIVISION: (1) FOR THE PURPOSES OF THIS SUBDIVISION: (I) "BUILDING" SHALL MEAN AN ENTIRE BUILDING OR A UNIT WITHIN THAT PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS. (II) "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OR HIS OR HER DESIGNEE. (III) "DATA" SHALL MEAN WRITTEN DOCUMENTATION OR KNOWLEDGE OBTAINED IN THE COURSE OF AN INSPECTION, AUDITS, OR OTHER METHODS AUTHORIZED BY LAW. (IV) "EMERGENCY SHELTER" MEANS ANY BUILDING WITH OVERNIGHT SLEEPING ACCOMMODATIONS, THE PRIMARY PURPOSE OF WHICH IS TO PROVIDE TEMPORARY SHELTER FOR THE HOMELESS IN GENERAL OR FOR SPECIFIC POPULATIONS OF THE HOMELESS, INCLUDING RESIDENTIAL PROGRAMS FOR VICTIMS OF DOMESTIC VIOLENCE AND RUNAWAY AND HOMELESS YOUTH PROGRAMS CERTIFIED BY THE OFFICE OF CHILDREN AND FAMILY SERVICES. (V) "ESTABLISHED OPERATOR" SHALL MEAN A PROVIDER OF EMERGENCY SHELTER. (VI) "SERIOUS FINANCIAL, HEALTH OR SAFETY DEFICIENCY" SHALL INCLUDE, BUT NOT BE LIMITED TO, MISSED MORTGAGE PAYMENTS, MISSED RENT PAYMENTS, A PATTERN OF UNTIMELY PAYMENT OF DEBTS, FAILURE TO PAY ITS EMPLOYEES OR VENDORS, INSUFFICIENT FUNDS TO MEET THE GENERAL OPERATING EXPENSES OF THE PROGRAM, OR A VIOLATION OF LAW, REGULATION, OR CODE WITH RESPECT TO A BUILDING THAT PROVIDES EMERGENCY SHELTER TO HOMELESS PERSONS, IN WHICH THERE ARE CONDITIONS THAT ARE DANGEROUS, HAZARDOUS, IMMINENTLY DETRI- MENTAL TO LIFE OR HEALTH, OR OTHERWISE RENDER THE BUILDING NOT FIT FOR HUMAN HABITATION. (VII) "TEMPORARY OPERATOR" SHALL MEAN ANY PROVIDER OF EMERGENCY SHEL- TER THAT: (A) AGREES TO PROVIDE EMERGENCY SHELTER PURSUANT TO THIS CHAPTER ON A TEMPORARY BASIS IN THE BEST INTERESTS OF ITS HOMELESS INDIVIDUALS AND FAMILIES SERVED BY THE BUILDING; (B) HAS A HISTORY OF COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGU- LATIONS AND A RECORD OF PROVIDING EMERGENCY SHELTER OF GOOD QUALITY, AS DETERMINED BY THE COMMISSIONER; AND (C) PRIOR TO APPOINTMENT AS TEMPORARY OPERATOR, DEVELOPS A PLAN DETER- MINED TO BE SATISFACTORY BY THE COMMISSIONER TO ADDRESS THE BUILDING'S DEFICIENCIES. (2) (I) A TEMPORARY OPERATOR MAY ONLY BE APPOINTED AFTER THE EMERGENCY SHELTER HAS BEEN PROVIDED NOTICE OF ALLEGED VIOLATIONS AND THE ABILITY TO CURE SUCH VIOLATIONS. THE LOCAL SOCIAL SERVICES DISTRICT SHALL ALSO BE NOTIFIED OF THE ALLEGED VIOLATIONS PRIOR TO THE APPOINTMENT OF A TEMPORARY OPERATOR. IF THE EMERGENCY SHELTER FAILS TO CURE SUCH S. 6406--C 63 A. 9006--C VIOLATIONS IN A TIMELY MANNER, A TEMPORARY OPERATOR MAY BE APPOINTED WHERE: (A) DATA DEMONSTRATES THAT THE BUILDING IS EXHIBITING A SERIOUS FINANCIAL, HEALTH, OR SAFETY DEFICIENCY; (B) DATA DEMONSTRATES THAT THE ESTABLISHED OPERATOR IS UNABLE OR UNWILLING TO ENSURE THE PROPER OPERA- TION OF THE BUILDING; OR (C) DATA INDICATES THERE EXIST CONDITIONS THAT SERIOUSLY ENDANGER OR JEOPARDIZE EMERGENCY SHELTER RESIDENTS. IF THE COMMISSIONER DETERMINES TO APPOINT A TEMPORARY OPERATOR, THE COMMISSION- ER SHALL NOTIFY THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT OF HIS OR HER INTENTION TO APPOINT A TEMPORARY OPERATOR TO ASSUME SOLE RESPONSIBILITY FOR THE PROVIDER OF THE EMERGENCY SHELTER'S OPERATIONS FOR A LIMITED PERIOD OF TIME. THE APPOINTMENT OF A TEMPORARY OPERATOR SHALL BE EFFECTUATED PURSUANT TO THIS SECTION, AND SHALL BE IN ADDITION TO ANY OTHER REMEDIES PROVIDED BY LAW. (II) THE ESTABLISHED OPERATOR MAY AT ANY TIME REQUEST THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR. UPON RECEIVING SUCH A REQUEST, THE COMMISSIONER MAY, IF HE OR SHE DETERMINES THAT SUCH AN ACTION IS NECES- SARY, ENTER INTO AN AGREEMENT WITH THE ESTABLISHED OPERATOR FOR THE APPOINTMENT OF A TEMPORARY OPERATOR TO RESTORE OR MAINTAIN THE PROVISION OF QUALITY EMERGENCY SHELTER TO THE EMERGENCY SHELTER RESIDENTS UNTIL THE ESTABLISHED OPERATOR CAN RESUME OPERATIONS WITHIN THE DESIGNATED TIME PERIOD OR OTHER ACTION IS TAKEN TO SUSPEND, REVOKE, OR LIMIT THE AUTHORITY OF THE ESTABLISHED OPERATOR. (3) (I) A TEMPORARY OPERATOR APPOINTED PURSUANT TO THIS SECTION SHALL USE HIS OR HER BEST EFFORTS TO IMPLEMENT THE PLAN DEEMED SATISFACTORY BY THE COMMISSIONER TO CORRECT OR ELIMINATE ANY DEFICIENCIES IN THE BUILD- ING AND TO PROMOTE THE QUALITY AND ACCESSIBILITY OF THE EMERGENCY SHEL- TER IN THE COMMUNITY SERVED BY THE PROVIDER OF EMERGENCY SHELTER. (II) DURING THE TERM OF APPOINTMENT, THE TEMPORARY OPERATOR SHALL HAVE THE AUTHORITY TO DIRECT THE STAFF OF THE ESTABLISHED OPERATOR AS NECES- SARY TO APPROPRIATELY PROVIDE EMERGENCY SHELTER FOR HOMELESS INDIVIDUALS AND FAMILIES. THE TEMPORARY OPERATOR SHALL, DURING THIS PERIOD, PROVIDE EMERGENCY SHELTER IN SUCH A MANNER AS TO PROMOTE SAFETY AND THE QUALITY AND ACCESSIBILITY OF EMERGENCY SHELTER IN THE COMMUNITY SERVED BY THE ESTABLISHED OPERATOR UNTIL EITHER THE ESTABLISHED OPERATOR CAN RESUME OPERATIONS OR UNTIL THE OFFICE REVOKES THE AUTHORITY OF THE EMERGENCY SHELTER TO OPERATE UNDER THIS CHAPTER. (III) THE ESTABLISHED OPERATOR SHALL GRANT ACCESS TO THE TEMPORARY OPERATOR TO THE ESTABLISHED OPERATOR'S ACCOUNTS AND RECORDS IN ORDER TO ADDRESS ANY SERIOUS FINANCIAL, HEALTH OR SAFETY DEFICIENCY. THE TEMPO- RARY OPERATOR SHALL APPROVE ANY DECISION RELATED TO AN ESTABLISHED PROVIDER'S DAY TO DAY OPERATIONS OR THE ESTABLISHED PROVIDER'S ABILITY TO PROVIDE EMERGENCY SHELTER. (IV) THE TEMPORARY OPERATOR SHALL NOT BE REQUIRED TO FILE ANY BOND. NO SECURITY INTEREST IN ANY REAL OR PERSONAL PROPERTY COMPRISING THE ESTAB- LISHED OPERATOR OR CONTAINED WITHIN THE ESTABLISHED OPERATOR OR IN ANY FIXTURE OF THE BUILDING, SHALL BE IMPAIRED OR DIMINISHED IN PRIORITY BY THE TEMPORARY OPERATOR. NEITHER THE TEMPORARY OPERATOR NOR THE OFFICE SHALL ENGAGE IN ANY ACTIVITY THAT CONSTITUTES A CONFISCATION OF PROPER- TY. (4) COSTS ASSOCIATED WITH THE TEMPORARY OPERATOR, INCLUDING COMPEN- SATION, SHALL FOLLOW THE FINANCING STRUCTURE ESTABLISHED IN ACCORDANCE WITH SECTION ONE HUNDRED FIFTY-THREE OF THIS CHAPTER, AS MODIFIED BY THE CURRENT AID TO LOCALITIES PROVISIONS FOR THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE WITHIN THE DEPARTMENT OF FAMILY ASSISTANCE. THE TEMPORARY OPERATOR SHALL BE LIABLE ONLY IN ITS CAPACITY AS TEMPORARY OPERATOR FOR INJURY TO PERSON AND PROPERTY BY REASON OF ITS OPERATION OF S. 6406--C 64 A. 9006--C SUCH BUILDING; NO LIABILITY SHALL INCUR IN THE TEMPORARY OPERATOR'S PERSONAL CAPACITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL ACTS. (5) (I) THE INITIAL TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR SHALL NOT EXCEED NINETY DAYS. AFTER NINETY DAYS, IF THE COMMISSIONER DETERMINES THAT TERMINATION OF THE TEMPORARY OPERATOR WOULD CAUSE SIGNIFICANT DETERIORATION OF THE QUALITY OF, OR ACCESS TO, EMERGENCY SHELTER IN THE COMMUNITY OR THAT REAPPOINTMENT IS NECESSARY TO CORRECT THE DEFICIENCIES THAT REQUIRED THE APPOINTMENT OF THE TEMPORARY OPERA- TOR, THE COMMISSIONER MAY AUTHORIZE AN ADDITIONAL NINETY-DAY TERM. HOWEVER, SUCH AUTHORIZATION SHALL INCLUDE THE COMMISSIONER'S REQUIRE- MENTS FOR CONCLUSION OF THE TEMPORARY OPERATORSHIP TO BE SATISFIED WITH- IN THE ADDITIONAL TERM. (II) WITHIN FOURTEEN DAYS PRIOR TO THE TERMINATION OF EACH TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR, THE TEMPORARY OPERATOR SHALL SUBMIT TO THE COMMISSIONER, TO THE LOCAL SOCIAL SERVICES DISTRICT, AND TO THE ESTABLISHED OPERATOR A REPORT DESCRIBING: (A) THE ACTIONS TAKEN DURING THE APPOINTMENT TO ADDRESS THE IDENTIFIED BUILDING DEFICIENCIES, THE RESUMPTION OF BUILDING OPERATIONS BY THE ESTABLISHED OPERATOR, OR THE REVOCATION OF AUTHORITY TO OPERATE AN EMER- GENCY SHELTER; (B) OBJECTIVES FOR THE CONTINUATION OF THE TEMPORARY OPERATORSHIP IF NECESSARY AND A SCHEDULE FOR SATISFACTION OF SUCH OBJECTIVES; AND (C) IF APPLICABLE, THE RECOMMENDED ACTIONS FOR THE ONGOING PROVISION OF EMERGENCY SHELTER SUBSEQUENT TO THE TEMPORARY OPERATORSHIP. (III) THE TERM OF THE INITIAL APPOINTMENT AND OF ANY SUBSEQUENT REAP- POINTMENT MAY BE TERMINATED PRIOR TO THE EXPIRATION OF THE DESIGNATED TERM, IF THE ESTABLISHED OPERATOR AND THE COMMISSIONER AGREE ON A PLAN OF CORRECTION AND THE IMPLEMENTATION OF SUCH PLAN. (6) (I) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTENTION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT TO BE NOTIFIED OF THE INTENTION BY REGISTERED OR CERTIFIED MAIL ADDRESSED TO THE PRINCIPAL OFFICE OF THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. SUCH NOTIFICATION SHALL INCLUDE A DETAILED DESCRIPTION OF THE FINDINGS UNDER- LYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, AND THE DATE AND TIME OF A REQUIRED MEETING WITH THE COMMISSIONER WITHIN TEN BUSINESS DAYS OF THE RECEIPT OF SUCH NOTICE. AT SUCH MEETING, THE ESTABLISHED OPERATOR, AND THE COMMISSIONER SHALL HAVE THE OPPORTUNITY TO REVIEW AND DISCUSS ALL RELEVANT FINDINGS. AT SUCH MEETING, THE COMMISSIONER AND THE ESTABLISHED OPERATOR SHALL ATTEMPT TO DEVELOP A MUTUALLY SATISFACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION. IF A MUTUALLY SATIS- FACTORY PLAN OF CORRECTION AND SCHEDULE FOR IMPLEMENTATION IS DEVELOPED, THE COMMISSIONER SHALL NOTIFY THE ESTABLISHED OPERATOR THAT THE COMMIS- SIONER WILL ABSTAIN FROM APPOINTING A TEMPORARY OPERATOR CONTINGENT UPON THE ESTABLISHED OPERATOR REMEDIATING THE IDENTIFIED DEFICIENCIES WITHIN THE AGREED UPON TIMEFRAME. (II) THE COMMISSIONER SHALL, UPON MAKING A DETERMINATION OF AN INTEN- TION TO APPOINT A TEMPORARY OPERATOR PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH TWO OF THIS SUBDIVISION, CAUSE THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY TO RECEIVE APPROPRIATE AND TIME- LY NOTIFICATION OF THE INTENTION TO APPOINT A TEMPORARY OPERATOR. SUCH NOTIFICATION SHALL INCLUDE A DESCRIPTION OF THE FINDINGS UNDERLYING THE INTENTION TO APPOINT A TEMPORARY OPERATOR, THE IDENTIFICATION OF THE NEW OPERATOR WHEN PRACTICABLE, AND THE DATE OF EXPECTED TRANSFER OF OPER- S. 6406--C 65 A. 9006--C ATIONS. SUCH NOTICE SHALL BE MADE AS SOON AS PRACTICABLE UNDER THE CIRCUMSTANCES. (III) THE COMMISSIONER, AT ANY TIME HE OR SHE DEEMS NECESSARY AND TO THE EXTENT PRACTICABLE, SHALL CONSULT AND MAY INVOLVE THE LOCAL SOCIAL SERVICES DISTRICT. (IV) SHOULD THE COMMISSIONER AND THE ESTABLISHED OPERATOR BE UNABLE TO ESTABLISH A PLAN OF CORRECTION PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH, OR SHOULD THE ESTABLISHED OPERATOR FAIL TO RESPOND TO THE COMMISSIONER'S INITIAL NOTIFICATION, THERE SHALL BE AN ADMINISTRATIVE HEARING ON THE COMMISSIONER'S DETERMINATION TO APPOINT A TEMPORARY OPER- ATOR TO BEGIN NO LATER THAN THIRTY DAYS FROM THE DATE OF THE NOTICE TO THE ESTABLISHED OPERATOR. ANY SUCH HEARING SHALL BE STRICTLY LIMITED TO THE ISSUE OF WHETHER THE DETERMINATION OF THE COMMISSIONER TO APPOINT A TEMPORARY OPERATOR IS SUPPORTED BY SUBSTANTIAL EVIDENCE. A COPY OF THE DECISION SHALL BE SENT TO THE ESTABLISHED OPERATOR AND THE LOCAL SOCIAL SERVICES DISTRICT. (V) IF THE DECISION TO APPOINT A TEMPORARY OPERATOR IS UPHELD SUCH TEMPORARY OPERATOR SHALL BE APPOINTED AS SOON AS IS PRACTICABLE AND SHALL PROVIDE EMERGENCY SHELTER PURSUANT TO THE PROVISIONS OF THIS SECTION. (7) NOTWITHSTANDING THE APPOINTMENT OF A TEMPORARY OPERATOR, THE ESTABLISHED OPERATOR SHALL REMAIN OBLIGATED FOR THE CONTINUED PROVISION OF EMERGENCY SHELTER. NO PROVISION CONTAINED IN THIS SECTION SHALL BE DEEMED TO RELIEVE THE ESTABLISHED OPERATOR OR ANY OTHER PERSON OF ANY CIVIL OR CRIMINAL LIABILITY INCURRED, OR ANY DUTY IMPOSED BY LAW, BY REASON OF ACTS OR OMISSIONS OF THE ESTABLISHED OPERATOR OR ANY OTHER PERSON PRIOR TO THE APPOINTMENT OF ANY TEMPORARY OPERATOR OF THE BUILD- ING HEREUNDER; NOR SHALL ANYTHING CONTAINED IN THIS SECTION BE CONSTRUED TO SUSPEND DURING THE TERM OF THE APPOINTMENT OF THE TEMPORARY OPERATOR OF THE BUILDING ANY OBLIGATION OF THE ESTABLISHED OPERATOR OR ANY OTHER PERSON FOR THE MAINTENANCE AND REPAIR OF THE BUILDING, PROVISION OF UTILITY SERVICES, PAYMENT OF TAXES OR OTHER OPERATING AND MAINTENANCE EXPENSES OF THE BUILDING, NOR OF THE ESTABLISHED OPERATOR OR ANY OTHER PERSON FOR THE PAYMENT OF MORTGAGES OR LIENS. S 3. Nothing in section two of this act shall be deemed in any way to limit the authority of the commissioner of the office of temporary and disability assistance or the commissioner of the office of children and family services or his or her designee to take additional actions with respect to a building that provides emergency shelter, in which there are conditions that are dangerous, hazardous, imminently detrimental to life or health, or otherwise render the building not fit for human habi- tation. S 4. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016, provided further that this act shall expire and be deemed repealed March 31, 2019. PART X Section 1. Subdivision 1 of section 131-n of the social services law, as amended by chapter 373 of the laws of 2003, paragraph (c) as amended by section 5 of part J of chapter 58 of the laws of 2014, is amended to read as follows: 1. The following resources shall be exempt and disregarded in calcu- lating the amount of benefits of any household under any public assist- ance program: (a) cash and liquid or nonliquid resources up to two thou- S. 6406--C 66 A. 9006--C sand dollars, or three thousand dollars in the case of households in which any member is sixty years of age or older, (b) an amount up to four thousand six hundred fifty dollars in a separate bank account established by an individual while currently in receipt of assistance for the sole purpose of enabling the individual to purchase a first or replacement vehicle for the recipient to seek, obtain or maintain employment, so long as the funds are not used for any other purpose, (c) an amount up to one thousand four hundred dollars in a separate bank account established by an individual while currently in receipt of assistance for the purpose of paying tuition at a two-year or four-year accredited post-secondary educational institution, so long as the funds are not used for any other purpose, (d) the home which is the usual residence of the household, (e) [one automobile, up to four thousand six hundred fifty dollars fair market value, provided, however, that if the automobile is needed for the applicant or recipient to seek or retain employment or travel to and from work activities as defined in section three hundred thirty-six of this chapter, the automobile exemption shall be increased to nine thousand three hundred dollars,] ONE AUTOMOBILE, UP TO TEN THOUSAND DOLLARS FAIR MARKET VALUE, THROUGH MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN; ONE AUTOMOBILE, UP TO ELEVEN THOUSAND DOLLARS FAIR MARKET VALUE, FROM APRIL FIRST, TWO THOUSAND SEVENTEEN THROUGH MARCH THIRTY-FIRST, TWO THOUSAND EIGHTEEN; AND ONE AUTOMOBILE, UP TO TWELVE THOUSAND DOLLARS FAIR MARKET VALUE, BEGINNING APRIL FIRST, TWO THOUSAND EIGHTEEN AND THEREAFTER, or such other higher dollar value as the local social services district may elect to adopt, (f) one burial plot per household member as defined in department regulations, (g) bona fide funeral agreements up to a total of one thousand five hundred dollars in equity value per household member, (h) funds in an individual development account established in accordance with subdivision five of section three hundred fifty-eight of this chapter and section four hundred three of the social security act and (i) for a period of six months, real property which the household is making a good faith effort to sell, in accordance with department regulations and tangible personal property necessary for business or for employment purposes in accordance with department regulations. If federal law or regulations require the exemption or disregard of additional income and resources in determining need for family assistance, or medical assistance not exempted or disre- garded pursuant to any other provision of this chapter, the department may, by regulations subject to the approval of the director of the budg- et, require social services officials to exempt or disregard such income and resources. Refunds resulting from earned income tax credits shall be disregarded in public assistance programs. S 2. This act shall take effect on the forty-fifth day after it shall have become a law; provided that the amendments to subdivision 1 of section 131-n of the social services law made by section one of this act shall not affect the expiration and repeal of such section and shall expire and be deemed repealed therewith. PART Y Section 1. Section 332-b of the social services law is amended by adding a new subdivision 4-a to read as follows: 4-A. IF THE PRACTITIONER TO WHOM THE INDIVIDUAL IS REFERRED PURSUANT TO SUBDIVISION FOUR OR PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION ISSUES AN OPINION THAT DIFFERS FROM THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER, THE PRACTITIONER SHALL PROVIDE A WRITTEN DETERMINATION S. 6406--C 67 A. 9006--C THAT SPECIFIES WHY THE PRACTITIONER DISAGREES WITH THE APPLICANT'S TREATING HEALTH CARE PRACTITIONER'S DISABILITY DETERMINATION AND PRESENT EVIDENCE THAT SUPPORTS THE OPINION. S 2. This act shall take effect on the ninetieth day after it shall have become a law. PART Z Section 1. Paragraph 1 of subdivision d of section 19-a of the retire- ment and social security law, as amended by section 2 of part BB of chapter 57 of the laws of 2013, is amended to read as follows: (1) For any given fiscal year for which an employer's average actuari- al contribution rate exceeds the system graded contribution rate, the employer shall pay to the retirement system an amount equal to the employer's annual bill for such year or, in lieu of paying the entire annual bill, the employer may pay an amount equal to the employer's annual bill less all or a portion of the employer's amount eligible for amortization for the fiscal year. If in accordance with this paragraph the employer's payment to the retirement system is less than the entire amount of the employer's annual bill, then the difference between the employer's annual bill, and the amount actually paid by the employer to the retirement system exclusive of any amount from the employer contrib- ution reserve fund applied to reduce the employer's payment, shall be the amount amortized for the fiscal year. The amount amortized for the fiscal year shall be paid to the retirement system in equal annual installments over a ten-year period, with interest on the unpaid balance at a rate determined by the comptroller which approximates a market rate of return on taxable fixed rate securities with similar terms issued by comparable issuers, and with the first installment due in the immediate- ly succeeding fiscal year. PROVIDED HOWEVER THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND AT THE SOLE DISCRETION OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE AS AN AMORTIZING EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI- PAL DUE FOR ANY SUCH ANNUAL INSTALLMENT OR INSTALLMENTS FOR A GIVEN FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD. IN THE EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE DIRECTOR OF THE DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR WHICH THE TOTAL PRINCIPAL AMOUNT DUE FOR THE ANNUAL INSTALLMENT IS BEING PREPAID. IN ANY FISCAL YEAR FOR WHICH THE DIRECTOR OF THE DIVISION OF THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL NOT BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT SYSTEM FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL INTEREST ON THE REMAINING PRINCIPAL BALANCE AT THE RATE ORIGINALLY SET BY THE COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE IN ACCORD- ANCE WITH THIS PARAGRAPH. NOTHING CONTAINED HEREIN SHALL PERMIT THE STATE TO EXTEND THE AMORTIZATION PERIOD ORIGINALLY ESTABLISHED IN ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION PERIOD. S 2. Paragraph 1 of subdivision d of section 319-a of the retirement and social security law, as amended by section 3 of part BB of chapter 57 of the laws of 2013, is amended to read as follows: (1) For any given fiscal year for which an employer's average actuari- al contribution rate exceeds the employer graded contribution rate, the employer shall pay to the retirement system an amount equal to the employer's annual bill for such year or, in lieu of paying the entire annual bill, the employer may pay an amount equal to the employer's S. 6406--C 68 A. 9006--C annual bill less all or a portion of the employer's amount eligible for amortization for the fiscal year. If in accordance with this paragraph the employer's payment to the retirement system is less than the entire amount of the employer's annual bill, then the difference between the employer's annual bill, and the amount actually paid by the employer to the retirement system exclusive of any amount from the employer contrib- ution reserve fund applied to reduce the employer's payment, shall be the amount amortized for the fiscal year. The amount amortized for the fiscal year shall be paid to the retirement system in equal annual installments over a ten-year period, with interest on the unpaid balance at a rate determined by the comptroller which approximates a market rate of return on taxable fixed rate securities with similar terms issued by comparable issuers, and with the first installment due in the immediate- ly succeeding fiscal year. PROVIDED HOWEVER THAT, NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY AND AT THE SOLE DISCRETION OF THE DIRECTOR OF THE DIVISION OF THE BUDGET, THE STATE AS AN AMORTIZING EMPLOYER MAY PREPAY TO THE RETIREMENT SYSTEM THE TOTAL AMOUNT OF PRINCI- PAL DUE FOR ANY SUCH ANNUAL INSTALLMENT OR INSTALLMENTS FOR A GIVEN FISCAL YEAR PRIOR TO THE EXPIRATION OF THE TEN-YEAR AMORTIZATION PERIOD. IN THE EVENT THE STATE ELECTS TO MAKE SUCH PREPAYMENT, THE DIRECTOR OF THE DIVISION OF BUDGET MUST IDENTIFY THE FISCAL YEAR OR YEARS FOR WHICH THE TOTAL PRINCIPAL AMOUNT DUE FOR THE ANNUAL INSTALLMENT IS BEING PREPAID. IN ANY FISCAL YEAR FOR WHICH THE DIRECTOR OF THE DIVISION OF THE BUDGET IDENTIFIES SUCH PREPAYMENT IS BEING MADE, THE STATE (I) SHALL NOT BE REQUIRED TO MAKE A PAYMENT OF PRINCIPAL TO THE RETIREMENT SYSTEM FOR SUCH FISCAL YEAR, AND (II) SHALL PAY TO THE RETIREMENT SYSTEM ANNUAL INTEREST ON THE REMAINING PRINCIPAL BALANCE AT THE RATE ORIGINALLY SET BY THE COMPTROLLER WHEN THE STATE FIRST ELECTED TO AMORTIZE IN ACCORD- ANCE WITH THIS PARAGRAPH. NOTHING CONTAINED HEREIN SHALL PERMIT THE STATE TO EXTEND THE AMORTIZATION PERIOD ORIGINALLY ESTABLISHED IN ACCORDANCE WITH THIS PARAGRAPH BEYOND THE ORIGINAL TEN-YEAR AMORTIZATION PERIOD. S 3. This act shall take effect April 1, 2016. PART AA Section 1. Section 4 of chapter 495 of the laws of 2004, amending the insurance law and the public health law relating to the New York state health insurance continuation assistance demonstration project, as amended by section 1 of part GG of chapter 58 of the laws of 2015, is amended to read as follows: S 4. This act shall take effect on the sixtieth day after it shall have become a law; provided, however, that this act shall remain in effect until July 1, [2016] 2017 when upon such date the provisions of this act shall expire and be deemed repealed; provided, further, that a displaced worker shall be eligible for continuation assistance retroac- tive to July 1, 2004. S 2. This act shall take effect immediately. PART BB Section 1. Legislative intent. The legislature declares that the purpose of this act is to clearly provide in statute for insurers to offer and for homeowners, condominium owners, cooperative apartment owners, and renters to obtain a financial incentive if they complete a course of instruction on how to make their residence more resilient to a S. 6406--C 69 A. 9006--C natural disaster, reduce the potential loss of life or property damage that could result from a natural disaster, reduce the risk of fire, theft, burglary, personal injury or property damage, and raise their awareness of natural disaster preparedness by offering property/casualty insurance premium reductions. S 2. The section heading of section 2346 of the insurance law, as amended by chapter 637 of the laws of 1993, is amended and a new subsection 5 is added to read as follows: Reduction in rates of fire insurance [or], homeowners insurance OR PROPERTY/CASUALTY premiums for residential property. 5. (A) DEFINITIONS. FOR THE PURPOSES OF THIS SUBSECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (1) "COMPLETION CERTIFICATE" MEANS A DOCUMENT WHICH CANNOT BE ALTERED AND WHICH IS PROVIDED TO A PERSON WHO SUCCESSFULLY COMPLETES A HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE. (2) "NATURAL DISASTER" MEANS THE OCCURRENCE OR IMMINENT THREAT OF WIDESPREAD CATASTROPHIC OR SEVERE DAMAGE, INJURY, OR LOSS OF LIFE OR PROPERTY RESULTING FROM ANY NATURAL CAUSE INCLUDING, BUT NOT LIMITED TO, FIRE, FLOOD, EARTHQUAKE, HURRICANE, TORNADO, HIGH WATER, LANDSLIDE, MUDSLIDE, WIND, STORM, WAVE ACTION, ICE STORM, EPIDEMIC, AIR CONTAM- INATION, BLIGHT, DROUGHT, INFESTATION, EXPLOSION, WATER CONTAMINATION, BRIDGE FAILURE, OR BRIDGE COLLAPSE. (3) "HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE" MEANS A NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE THAT HAS BEEN SUBMITTED TO THE SUPERINTENDENT FOR THEIR INFORMATION AND REVIEW BY AN APPLICANT. SUCH COURSE MAY PROVIDE USEFUL INFORMATION TO PARTICIPANTS ON ITEMS INCLUDING, BUT NOT LIMITED TO: COURSES OF ACTION THAT CAN BE TAKEN BEFORE, DURING AND AFTER THE OCCURRENCE OF A NATURAL DISASTER, STRATEGIES TO REDUCE RISK EXPOSURE TO INSURED RESIDENTIAL PROPERTY OWNERS AND RENTERS, AND INFOR- MATION ABOUT THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO ELIMINATE OR MITIGATE DAMAGE TO REAL OR PERSONAL PROPERTY, PERSONAL INJURY OR THE LOSS OF LIFE CAUSED BY A NATURAL DISASTER OR OTHER INSURABLE EVENT OR OCCURRENCE OF A FIRE, THEFT, BURGLARY, PERSONAL INJURY OR PROPERTY DAMAGE. (4) "APPLICANT" MEANS AN INSURER, OR ANY OTHER PERSON, AGENCY OR ORGANIZATION WHICH SUBMITS A PROPOSED HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE TO THE SUPERINTEN- DENT FOR THEIR INFORMATION AND REVIEW, AND WHO OR WHICH IS PREPARED AND ABLE TO OFFER SUCH COURSE TO INSUREDS UPON THE APPROVAL THEREOF. (B) THE SUPERINTENDENT MAY PROVIDE FOR AN ACTUARIALLY APPROPRIATE REDUCTION FOR A PERIOD OF THREE YEARS IN RATES OF HOMEOWNER'S INSURANCE AND PROPERTY/CASUALTY INSURANCE PREMIUMS APPLICABLE TO RESIDENTIAL REAL PROPERTY FOR EACH TRIENNIAL COMPLETION OF A HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSE BY THE INSURED OCCUPANT OF SUCH RESIDENTIAL REAL PROPERTY. IN ADDITION, THE SUPER- INTENDENT MAY ALSO PROVIDE FOR ACTUARIALLY APPROPRIATE REDUCTIONS IN SUCH RATES FOR THE INSTALLATION OF EQUIPMENT, DEVICES OR OTHER CAPITAL IMPROVEMENTS TO REAL PROPERTY WHICH CAN HELP TO ELIMINATE OR MITIGATE NATURAL DISASTER DAMAGE, IMPROVE HOME SAFETY OR PREVENT OTHER LOSSES. (C) AN INSURER, UPON APPROVAL OF THE SUPERINTENDENT, MAY UPON SUBMISSION OF A COMPLETION CERTIFICATE BY AN INSURED, PROVIDE AN ACTUAR- IALLY APPROPRIATE REDUCTION, FOR A PERIOD OF THREE YEARS, OF THE PREMIUM FOR SUCH INSURED'S HOMEOWNER'S INSURANCE OR PROPERTY/CASUALTY INSURANCE ON THE RESIDENTIAL REAL PROPERTY WHICH IS THE INSURED'S PLACE OF RESI- DENCE. S. 6406--C 70 A. 9006--C (D) THE SUPERINTENDENT MAY ESTABLISH, BY RULE OR OTHERWISE, STANDARDS OR GUIDELINES TO BE USED BY THE SUPERINTENDENT WHEN REVIEWING THE PROPOSED HOMEOWNER NATURAL DISASTER PREPAREDNESS, HOME SAFETY AND LOSS PREVENTION COURSES. S 3. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law; provided, however, that effective immediately, any actions necessary to be taken for the implementation of the provisions of this act on its effective date are authorized and directed to be completed on or before such effective date. PART CC Section 1. Section 9-w of the banking law, as added by section 1 of part F of chapter 56 of the laws of 2015, is amended 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 estimates for each academic year that the student would need to attend to earn a degree at such institution with a disclaimer that the cost of attendance for years other than the current academic year are estimates and may be subject to change, (b) all financial aid offered from the federal government, the state, and the institution with an explanation as to which components will require repayment, (c) any expected student and/or family contribution, (d) campus-specific gradu- ation, 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 thir- ty-first, two thousand fifteen and thereafter. Each college, vocational 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 UNDERGRADUATE financial aid applicants for the two thousand sixteen--two thousand seventeen academic year and thereafter. The superintendent shall promulgate regulations implementing this section. S 2. This act shall take effect immediately. PART DD Section 1. Subdivision 11 of section 6305 of the education law, as amended by section 1 of part W of chapter 56 of the laws of 2014, is amended to read as follows: 11. The state university of New York and the city university of New York shall, pursuant to a study and plan, develop a methodology for calculating chargeback rates to ensure equity between the local sponsor contribution per student and the chargeback rate per student charged to other counties, and the implementation of such methodology will be phased in over five years beginning in the two thousand [sixteen--two thousand seventeen] EIGHTEEN--TWO THOUSAND NINETEEN academic year. A S. 6406--C 71 A. 9006--C report on the plan shall be submitted to the chair of the senate and assembly higher education committees, the chairs of the senate finance committee, the chair of the assembly ways and means committee and the director of the budget no later than June first, two thousand fifteen. S 2. This act shall take effect immediately. PART EE Section 1. Section 4 of part U of chapter 55 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens, is amended to read as follows: S 4. This act shall take effect July 1, 2014, and sections one and two of this act shall expire and be deemed repealed [2 years after the effective date thereof] JUNE 30, 2020; provided that the amendment to section 467-b of the real property tax law made by section one of this act shall not affect the expiration of such section and shall be deemed to expire therewith. S 2. Section 3 of part U of chapter 55 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citi- zens, is amended to read as follows: S 3. The state shall reimburse the city of New York for the difference between the amount of real property tax revenue abated for the period beginning July 1, 2014 and ending June 30, 2016 pursuant to the income threshold established by sections one and two of this act and the amount of real property tax revenue that would have been abated for the period beginning July 1, 2014 and ending June 30, 2016 pursuant to the income thresholds that were in effect immediately prior to the income threshold increases established by sections one and two of this act, PROVIDED, HOWEVER, THE STATE'S LIABILITY AND AMOUNT OF REIMBURSEMENT PURSUANT TO THIS ACT SHALL NOT EXCEED ONE MILLION TWO HUNDRED THOUSAND DOLLARS. Prior to any payment, the city shall provide attestation to the director of the New York state division of the budget and the state comptroller as to the actual amount of real property tax revenue abated pursuant to the income thresholds established by sections one and two of this act for the city fiscal years beginning July 1, 2014 and July 1, 2015 and the actual amount of real property tax revenue that would have been abated pursuant to the income thresholds that were in effect immediately prior to the income threshold increases established by sections one and two of this act for the city fiscal years beginning July 1, 2014 and July 1, 2015. The information contained within such attestation may be subject to the audit and verification by the state comptroller. S 3. Section 4 of chapter 129 of the laws of 2014, amending the real property tax law relating to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabil- ities, is amended to read as follows: S 4. This act shall take effect July 1, 2014 provided, however, that: (a) the amendments to paragraph b of subdivision 3 of section 467-b of the real property tax law made by section one of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 17 of chapter 576 of the laws of 1974, as amended, when upon such date the provisions of section two of this act shall take effect; and (b) nothing contained in this act shall be construed so as to extend the provisions of this act beyond [July 1, 2016] JUNE 30, 2020, when S. 6406--C 72 A. 9006--C upon such date this act shall expire and the provisions contained in this act shall be deemed repealed. S 4. This act shall take effect immediately. PART FF Section 1. Subject to the provisions of this act, the town of River- head, county of Suffolk, (hereinafter the "town") is hereby authorized to refund bonds previously issued or refunded between 2000-2008 pursuant to section 64-e of the town law for the acquisition of land or permanent rights on land. The refunding bonds may be sold at public or private sale in accordance with sections 90.00 or 90.10 of the local finance law, provided, however, that the town shall be exempt from compliance with (a) subdivisions 1 and 4 of paragraph a and subdivision 3 of para- graph f of section 90.00 of the local finance law relating to limiting the length of time for which refunding bonds can be issued and budgetary appropriation requirements for payments due on original bond issuance, and (b) subparagraph (a) of subdivision 2 of paragraph b, subdivisions 4 and 5 of paragraph e, and paragraph g of section 90.10 of the local finance law relating to a required showing of savings for the issuance of refunding bonds and limiting the length of time refunding bonds can be issued for. If the bonds to be refunded are to be redeemed or paid on the same date as the refunding bonds are issued, the town shall not be required to comply with the provisions of section 90.10 of the local finance law relating to the escrow of the proceeds of the sale of the refunding bonds. S 2. The refunding bonds authorized to be issued pursuant to this act shall not be issued unless the governing board of the town adopts a resolution which shall be subject to a permissive referendum pursuant to article 7 of the town law. Except for those provisions from which the town is exempt pursuant to section one of this act, such resolution shall contain the information required by section 90.00 or 90.10 of the local finance law, and (a) the financial plan for the proposed refunding must show the sourc- es and amounts of all moneys required to accomplish such refunding; and (b) the period or periods of probable usefulness for bonds provided that refunding bonds issued by the town shall not be limited to the period of probable usefulness at the time of the issuance of the bonds to be refunded. A statement of period or periods of probable usefulness may include an extension of such period of time as authorized by this act. S 3. Notwithstanding the thirty year period of probable usefulness contained in subdivision 21 of paragraph a of section 11.00 of the local finance law, the period of probable usefulness for the acquisition of land or permanent rights on land and the financing of such acquisition pursuant to section 64-e of the town law prior to the effective date of this act shall be fifty years provided that the resolution is adopted in compliance with this act, and provided further that such fifty year term shall only apply to bonds referenced in section one of this act. S 4. No further indebtedness by the town shall be authorized for the acquisition of land or permanent rights on land pursuant to section 64-e of the town law so long as any repayment obligations exist for refunding bonds issued pursuant to the provisions of this act. S 5. This act shall take effect immediately. PART GG S. 6406--C 73 A. 9006--C Section 1. Section 8 of the volunteer firefighters' benefit law, as amended by chapter 574 of the laws of 1998, is amended to read as follows: S 8. Permanent total disability benefits. In the case of total disa- bility adjudged to be permanent the volunteer firefighter shall be paid four hundred dollars for each week during the continuance thereof. Permanent total disability, within the meaning of this section, shall exist only if the earning capacity of the volunteer firefighter has been lost permanently and totally as the result of the injury. The loss of both hands, or both arms, or both feet, or both legs, or both eyes, or any two thereof, shall, in the absence of conclusive proof to the contrary, constitute permanent total disability, but in all other cases permanent total disability shall be determined in accordance with the facts. Notwithstanding any other provisions of this chapter, an injured volunteer firefighter disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs, or any two thereof shall not suffer any diminution of such weekly benefit by engaging in business or employment provided his or her weekly earn- ings or wages, when combined with his or her weekly benefit shall not be in excess of [six] EIGHT hundred dollars; and further provided that the application of this section shall not result in reduction of benefits which an injured volunteer firefighter who is disabled due to the loss or total loss of use of both eyes, or both hands, or both arms, or both feet, or both legs, or any two thereof would otherwise be entitled to under any other provisions of this article. S 2. This act shall take effect July 1, 2016. PART HH Section 1. Paragraph (f) of subdivision 2 of section 14-l of the transportation law, as amended by section 1 of part V of chapter 58 of the laws of 2013, is amended to read as follows: (f) No grant or loan to any eligible applicant shall exceed the sum of one million FIVE HUNDRED THOUSAND dollars, and no part of any such grant or loan shall be used for salaries or for services regularly provided by the applicant for administrative costs in connection with such grant or loan. S 2. This act shall take effect immediately. PART II Section 1. Part C of chapter 58 of the laws of 2005 authorizing reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof is amended by adding a new section 6-a to read as follows: S 6-A. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMISSIONER OF HEALTH IS AUTHORIZED TO ESTABLISH A STATEWIDE MEDICAID INTEGRITY AND EFFICIENCY INITIATIVE FOR THE PURPOSE OF ACHIEVING NEW AUDIT RECOVERIES, EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL ASSISTANCE PROGRAM AND OTHER COST AVOIDANCE MEASURES THROUGH COLLAB- ORATION WITH SOCIAL SERVICES DISTRICTS THROUGHOUT THE STATE. THE COMMIS- SIONER MAY ESTABLISH A TARGET AMOUNT OF SUCH RECOVERIES AND EFFICIENCIES FOR DISTRICTS THAT ELECT TO PARTICIPATE IN THE INITIATIVE. 2. ON OR AFTER APRIL 1 OF EACH YEAR, SOCIAL SERVICES DISTRICTS THAT ELECT TO PARTICIPATE SHALL SUBMIT A PLAN FOR ACHIEVING AUDIT RECOVERIES AND EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL ASSISTANCE PROGRAM S. 6406--C 74 A. 9006--C TO THE DEPARTMENT OF HEALTH FOR REVIEW AND APPROVAL PRIOR TO IMPLEMENTA- TION. DISTRICTS ARE ENCOURAGED TO SOLICIT LOCAL STAKEHOLDER INPUT IN FORMULATING SUCH PLANS. 3. AUDIT RECOVERIES AND EFFICIENCIES IN THE ADMINISTRATION OF THE MEDICAL ASSISTANCE PROGRAM ACHIEVED UNDER A PLAN APPROVED PURSUANT TO THIS SECTION MUST BE VALIDATED BY THE DEPARTMENT OF HEALTH IN CONSULTA- TION WITH THE OFFICE OF THE MEDICAID INSPECTOR GENERAL, AND MUST RESULT FROM DISTRICT ACTIVITIES SPECIFIED IN THE PLAN, AND MUST NOT REFLECT THE IMPACTS OF FEDERAL ENHANCEMENTS OR CURRENT OR FUTURE LEGAL SETTLEMENTS UNRELATED TO ACTIVITIES UNDER THE PLAN. EFFICIENCIES DERIVED FROM ACTIONS THAT ARE TAKEN TO MAXIMIZE OR ENHANCE PREEXISTING LOCAL COST CONTAINMENT INITIATIVES MAY BE INCLUDED AMONG THE CALCULATION OF TARGETS OUTLINED IN THE PLAN, SO LONG AS SUCH EFFICIENCIES WERE NOT PREVIOUSLY ASSUMED. S 2. This act shall take effect immediately and shall expire and be deemed repealed two years after it shall have become a law. PART JJ Section 1. Subdivision 1 of section 92 of part H of chapter 59 of the laws of 2011, amending the public health law and other laws relating to known and projected department of health state fund Medicaid expendi- tures, as amended by section 8 of part B of chapter 57 of the laws of 2015, is amended to read as follows: 1. For state fiscal years 2011-12 through 2016-17, the director of the budget, in consultation with the commissioner of health referenced as "commissioner" for purposes of this section, shall assess on a monthly basis, as reflected in monthly reports pursuant to subdivision five of this section known and projected department of health state funds medi- caid expenditures by category of service and by geographic regions, as defined by the commissioner, and if the director of the budget deter- mines that such expenditures are expected to cause medicaid disburse- ments for such period to exceed the projected department of health medi- caid state funds disbursements in the enacted budget financial plan pursuant to subdivision 3 of section 23 of the state finance law, the commissioner of health, in consultation with the director of the budget, shall develop a medicaid savings allocation plan to limit such spending to the aggregate limit level specified in the enacted budget financial plan, provided, however, such projections may be adjusted by the direc- tor of the budget to account for any changes in the New York state federal medical assistance percentage amount established pursuant to the federal social security act, changes in provider revenues, reductions to local social services district medical assistance administration, MINI- MUM WAGE INCREASES, and beginning April 1, 2012 the operational costs of the New York state medical indemnity fund and state costs or savings from the basic health plan. Such projections may be adjusted by the director of the budget to account for increased or expedited department of health state funds medicaid expenditures as a result of a natural or other type of disaster, including a governmental declaration of emergen- cy. 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, 2016. PART KK S. 6406--C 75 A. 9006--C Section 1. Subdivision d of section 14-150 of the administrative code of the city of New York, as added by chapter 565 of the laws of 2015, is amended to read as follows: d. The New York city police department shall submit to the city coun- cil, THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE STATE SENATE AND THE SPEAKER OF THE STATE ASSEMBLY annually a report detailing the total number of criminal complaints and arrests, categorized by class of crime, for violent felony offenses as defined in section 70.02 of the penal law, assault and related offenses as defined in article one hundred twenty of the penal law, sex offenses as defined in article one hundred thirty of the penal law, disorderly conduct as defined in section 240.20 of the penal law, harassment as defined in section 240.25 and 240.26 of the penal law, aggravated harassment as defined in section 240.30 and 240.31 of the penal law, and offenses against public sensi- bilities as defined in article two hundred forty-five of the penal law, where the conduct occurs on subway lines and bus routes operated by the New York city transit authority or the Staten Island rapid transit oper- ating authority, specifying where such criminal conduct has occurred by police precinct, including specific subway line, subway transit divi- sion, and bus route operated by the New York city transit authority or the Staten Island rapid transit operating authority. Such report shall contain a separate tabulation for employees of the authority, passengers and other non-employees. SUCH REPORT SHALL SPECIFY WHICH BUS ROUTES HAD THE GREATEST NUMBER OF CRIMINAL COMPLAINTS AND ARRESTS. Such statistics shall be tabulated on a monthly basis and on an annual basis and shall be maintained and transmitted in an electronic format to the department of records and information services, or its successor agency, and be made available to the public on or through the department of records and information services' website, or its successor's website. Such statis- tics shall be first made available on such website ninety days after the effective date of this subdivision and shall be updated on at least a monthly basis thereafter. S 2. This act shall take effect immediately. PART LL Section 1. The state finance law is amended by adding a new section 99-y to read as follows: S 99-Y. HEALTH REPUBLIC INSURANCE OF NEW YORK FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE SUPER- INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES A SPECIAL FUND TO BE KNOWN AS THE "HEALTH REPUBLIC INSURANCE OF NEW YORK FUND". 2. (A) SUCH FUND SHALL CONSIST OF TRANSFERS AS AUTHORIZED BY THE DIRECTOR OF THE BUDGET, IN HIS OR HER SOLE DISCRETION, BETWEEN APRIL FIRST, TWO THOUSAND SIXTEEN AND MARCH THIRTY-FIRST, TWO THOUSAND NINE- TEEN, FROM AMOUNTS COLLECTED AS A RESULT OF A JUDGEMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR OTHER LEGAL INSTRUMENT RESOLVING ANY CLAIM OR CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, AND ALL OTHER MONIES APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. (B) PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT APPLY TO: (I) MONEYS TO BE DISTRIBUTED TO THE FEDERAL GOVERNMENT, TO A LOCAL GOVERNMENT, OR TO ANY HOLDER OF A BOND OR OTHER DEBT INSTRUMENT ISSUED BY THE STATE, ANY PUBLIC AUTHORITY, OR ANY PUBLIC BENEFIT CORPORATION; (II) MONEYS TO S. 6406--C 76 A. 9006--C BE DISTRIBUTED SOLELY OR EXCLUSIVELY AS A PAYMENT OF DAMAGES OR RESTITU- TION TO INDIVIDUALS OR ENTITIES THAT WERE SPECIFICALLY INJURED OR HARMED BY THE DEFENDANT'S OR SETTLING PARTY'S CONDUCT AND THAT ARE IDENTIFIED IN, OR CAN BE IDENTIFIED BY THE TERMS OF, THE RELEVANT JUDGMENT, AGREE- MENT TO SETTLE, ASSURANCE OF DISCONTINUANCE, OR RELEVANT INSTRUMENT RESOLVING THE CLAIM OR CAUSE OF ACTION; (III) MONEYS RECOVERED OR OBTAINED BY A STATE AGENCY OR A STATE OFFICIAL OR EMPLOYEE ACTING IN THEIR OFFICIAL CAPACITY WHERE APPLICATION OF PARAGRAPH (A) OF THIS SUBDIVISION IS PROHIBITED BY FEDERAL LAW, RULE, OR REGULATION, OR WOULD RESULT IN THE REDUCTION OR LOSS OF FEDERAL FUNDS OR ELIGIBILITY FOR FEDERAL BENEFITS PURSUANT TO FEDERAL LAW, RULE, OR REGULATION; (IV) MONEYS RECOVERED OR OBTAINED BY OR ON BEHALF OF A PUBLIC AUTHORITY, A PUBLIC BENEFIT CORPORATION, THE DEPARTMENT OF TAXATION AND FINANCE, THE WORKERS' COMPENSATION BOARD, THE NEW YORK STATE HIGHER EDUCATION SERVICES CORPORATION, THE TOBACCO SETTLEMENT FINANCING CORPORATION, A STATE OR LOCAL RETIREMENT SYSTEM, AN EMPLOYEE HEALTH BENEFIT PROGRAM ADMINISTERED BY THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE, THE TITLE IV-D CHILD SUPPORT FUND, THE LOTTERY PRIZE FUND, THE ABANDONED PROPERTY FUND, OR AN ENDOWMENT OF THE STATE UNIVERSITY OF NEW YORK OR ANY UNIT THEREOF OR ANY STATE AGENCY, PROVIDED THAT ALL OF THE MONEYS RECEIVED OR RECOVERED ARE IMMEDIATELY TRANSFERRED TO THE RELEVANT PUBLIC AUTHORITY, PUBLIC BENEFIT CORPORATION, DEPARTMENT, FUND, PROGRAM, OR ENDOWMENT; (V) MONEYS TO BE REFUNDED TO AN INDIVIDUAL OR ENTITY AS (1) AN OVERPAYMENT OF A TAX, FINE, PENALTY, FEE, INSURANCE PREMIUM, LOAN PAYMENT, CHARGE OR SURCHARGE; (2) A RETURN OF SEIZED ASSETS; OR (3) A PAYMENT MADE IN ERROR; AND (VI) MONEYS TO BE USED TO PREVENT, ABATE, RESTORE, MITIGATE, OR CONTROL ANY IDENTIFIABLE INSTANCE OF PRIOR OR ONGOING WATER, LAND OR AIR POLLUTION. 3. MONIES SHALL BE PAID OUT OF THIS FUND AT THE DISCRETION OF THE SUPERINTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES ONLY PURSUANT TO APPROPRIATION AND THE TERMS TO BE SET FORTH IN A FUTURE CHAPTER OF LAW. 4. MONIES SHALL BE PAID OUT OF THIS FUND ONLY AFTER THE DISTRIBUTION OF ALL ASSETS IN CONNECTION WITH A LIQUIDATION PROCEEDING OF HEALTH REPUBLIC INSURANCE OF NEW YORK FILED PURSUANT TO ARTICLE SEVENTY-FOUR OF THE INSURANCE LAW HAS BEEN COMPLETED. 5. MONIES SHALL BE PAID OUT OF THIS FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE SUPER- INTENDENT OF THE DEPARTMENT OF FINANCIAL SERVICES. S 2. This act shall take effect immediately. PART MM Section 1. Notwithstanding any law to the contrary, the responsibil- ities, duties and functions, pursuant to subdivision 2 of section 70 of the civil service law, of the intelligence and analysis unit of the office of counterterrorism within the division of homeland security and emergency services shall be transferred to the division of state police. S 2. Paragraphs (f) and (g) of subdivision 2 of section 709 of the executive law, as amended by section 14 of part B of chapter 56 of the laws of 2010, are amended to read as follows: (f) coordinate state resources for the collection and analysis of information relating to [terrorist threats and terrorist activities and other] natural and man-made disasters throughout the state subject to any applicable laws, rules, or regulations; (g) coordinate and facilitate information sharing among local, state, and federal [law enforcement] agencies to ensure appropriate intelli- S. 6406--C 77 A. 9006--C gence to assist in the early identification of and response to [poten- tial terrorist activities and other] natural and man-made disasters, subject to any applicable laws, rules, or regulations governing the release, disclosure or sharing of any such information; S 3. Section 709-a of the executive law, as added by section 15-a of part B of chapter 56 of the laws of 2010, is amended to read as follows: S 709-a. Office of counterterrorism. The office of counterterrorism shall develop and analyze the state's policies, protocols and strategies relating to the prevention and detection of terrorist acts and terrorist threats. The office shall also be responsible for [the collection, anal- ysis and sharing of information relating to terrorist threats and terrorist activities throughout the state;] coordinating strategies, protocols and first responder equipment needs to detect a biological, chemical or radiological terrorist act or threat; working with private entities and local, state and federal agencies to conduct assessments of the vulnerability of critical infrastructure to terrorist attack; and consulting with appropriate state and local governments and private entities to facilitate and foster cooperation to better prepare the state to prevent and detect threats and acts of terrorism. S 3-a. Section 223 of the executive law, as amended by chapter 428 of the laws of 1999, is amended to read as follows: S 223. Duties and powers of the superintendent of state police and of members of the state police. 1. It shall be the duty of the superinten- dent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. THEY SHALL ALSO COLLECT AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION OF TERRORIST THREATS AND TERRORIST ACTIVITIES THROUGHOUT THE STATE AND SHARE ALL SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE OF THIS CHAPTER AMONG THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES, AND LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES TO ENSURE THE COORDINATION OF APPROPRIATE INTELLIGENCE TO ASSIST IN THE EARLY IDENTIFICATION OF AND RESPONSE TO POTENTIAL TERRORIST THREATS AND TERRORIST ACTIVITIES. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail. 2. The superintendent may, by written order, designate a police offi- cer, as defined in paragraph (b), (c) or (d) of subdivision thirty-four of section 1.20 of the criminal procedure law, to assist members of the state police in order to more effectively address the detection of crime and apprehension of criminals within the state and its localities. Police officers so designated, while actively working in conjunction with members of the state police either directly or as part of a specif- ic task force, shall be paid by and remain employees of their particular S. 6406--C 78 A. 9006--C county, city, town or village, but shall for purposes of the criminal procedure law, have their geographic area of employment deemed to be New York state. S 3-b. Section 223 of the executive law, as amended by chapter 843 of the laws of 1980, is amended to read as follows: S 223. Duties and powers of the superintendent of state police and of members of the state police. It shall be the duty of the superintendent of the state police and of members of the state police to prevent and detect crime and apprehend criminals. They shall also be subject to the call of the governor and are empowered to co-operate with any other department of the state or with local authorities. THEY SHALL ALSO COLLECT AND ANALYZE INFORMATION RELATING TO PREVENTION AND DETECTION OF TERRORIST THREATS AND TERRORIST ACTIVITIES THROUGHOUT THE STATE AND SHARE ALL SUCH INFORMATION SUBJECT TO PARAGRAPH (G) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED NINE OF THIS CHAPTER AMONG THE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES AND LOCAL, STATE, AND FEDERAL LAW ENFORCEMENT AGENCIES TO ENSURE THE COORDINATION OF APPROPRIATE INTELLIGENCE TO ASSIST IN THE EARLY IDENTIFICATION OF AND RESPONSE TO POTENTIAL TERRORIST THREATS AND TERRORIST ACTIVITIES. They shall have power to arrest, without a warrant, any person committing or attempting to commit within their presence or view a breach of the peace or other violation of law, to serve and execute warrants of arrest or search issued by proper authority and to exercise all other powers of police officers of the state of New York. Any such warrants issued by any magistrate of the state may be executed by them in any part of the state according to the tenor thereof without indorsement. But they shall not exercise their powers within the limits of any city to suppress rioting and disorder except by direction of the governor or upon the request of the mayor of the city with the approval of the governor. Any member of the rank of sergeant or above may take pre-arraignment bail from any defendant in the amounts and under the circumstances and conditions that police may take bail. S 4. 1. Transfer of records. Upon the transfer of functions, pursuant to section one of this act, the division of homeland security and emer- gency services shall deliver to the division of state police, all perti- nent books, papers, records and property. 2. Existing rights and remedies preserved. No existing right or remedy of any character shall be lost, impaired or affected by reason of this act. 3. Pending actions and proceedings. No action or proceeding pending at the time when this act shall take effect, brought by or against the division of homeland security and emergency services relating to the function, power or duty transferred to or devolved upon the division of state police shall be affected by this act, but the same may be prose- cuted or defended in the name of the division of state police and upon the application to the court, the division of state police shall be substituted as a party. 4. Completion of unfinished business. Any business or other matter undertaken or commenced by the division of homeland security and emer- gency services pertaining to or connected with the functions, powers, obligations and duties transferred and assigned to the division of state police, pending on the effective date of this act, may be conducted and completed by the division of state police in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the division of homeland security and emergency services. S. 6406--C 79 A. 9006--C S 5. This act shall take effect immediately; provided, however, that the amendments to section 223 of the executive law made by section three-a of this act shall be subject to the expiration and reversion of such section pursuant to section 3 of chapter 428 of the laws of 1999, as amended, when upon such date the provisions of section three-b of this act shall take effect. PART NN Section 1. This act commits the state of New York (state) and the city of New York (city) to fund, over a multi-year period, $10,828,000,000 in capital costs related to projects contained in the Metropolitan Trans- portation Authority (MTA) 2015-2019 capital program (capital program). The state share of $8,336,000,000 shall consist of $1,000,000,000 in appropriations first enacted in the 2015-2016 state budget and addi- tional funds sufficient for Metropolitan Transportation Authority (MTA) to pay $7,336,000,000 of capital costs as provided herein. The city share of $2,492,000,000 shall consist of $657,000,000 to be provided by the city from 2015 through 2019, and additional funds sufficient for MTA to pay $1,835,000,000 of capital costs for the capital program. The $7,336,000,000 of additional funds to be provided by the state may be used by the MTA to pay direct capital costs and/or the state may fund such $7,336,000,000 of capital costs through financing mechanisms under- taken by the MTA. Unless extraordinary circumstances justify otherwise, it is intended that the additional funds committed by the state and city shall be provided concurrently, and in proportion to the respective shares of each, in accordance with the funding needs of the capital program. S 2. (a) The additional funds provided by the state pursuant to section one of this act shall be scheduled and made available to pay for the costs of the capital program after MTA capital resources planned for the capital program, not including additional city and state funds, have been exhausted, or when MTA capital resources planned for the capital program are not available. It is anticipated that state funds shall be required by, and provided to, the MTA in an amount to support $1,500,000,000 of capital costs in the first year in which planned MTA capital resources are exhausted; $2,600,000,000 in the second year; $1,840,000,000 in the third year and $1,396,000,000 in the fourth year or thereafter. (b) Such funds may be provided to the MTA through direct payments from the state and/or financing mechanisms undertaken by the MTA utilizing aid paid by the state on a schedule sufficient to support the capital costs outlined in this act. The director of the budget (director) shall annually determine the level of funding required to meet the state's commitment and recommend such amounts for inclusion in the executive budget. In making such determination, the director shall consider the availability of MTA capital resources planned for the capital program, the current progress and timing of the MTA capital program, the financ- ing mechanisms employed by the MTA, if any, and any other pertinent factors. (c) State funding amounts, whether direct or in support of a financing mechanism undertaken by the MTA, shall be subject to appropriation with- in applicable annual state budgets; provided, however, that in the event the state does not appropriate the full amount of the funding required pursuant to this act in any year, such action shall not reduce the commitment of the state to fund the full state share specified in S. 6406--C 80 A. 9006--C section one of this act, with the state fulfilling its aggregate commit- ment in this act no later than state fiscal year 2025-2026 or by the completion of the capital program. In the event that the MTA has exhausted all currently available sources of funding, the MTA may, with the approval of the director, issue anticipation notes or other obli- gations secured solely by the additional funds specified in subdivision (a) of this section and shall provide for capitalized interest thereon. (d) No funds dedicated for operating assistance of the MTA shall be used to reduce or supplant the commitment of the state to provide $7,336,000,000 pursuant to section one of this act. S 3. In order to annually determine the adequacy and pace of the level of state funding in support of the MTA's capital program, and to gauge the availability of MTA capital resources planned for the capital program, the director may request, and the MTA shall provide, periodic reports on the MTA's capital programs and financial activities in a form and on a schedule prescribed by the director. S 4. Subdivision 12 of section 1269 of the public authorities law, as amended by section 1 of part E of chapter 58 of the laws of 2012, is amended to read as follows: 12. The aggregate principal amount of bonds, notes or other obli- gations issued after the first day of January, nineteen hundred ninety- three by the authority, the Triborough bridge and tunnel authority and the New York city transit authority to fund projects contained in capi- tal program plans approved pursuant to section twelve hundred sixty- nine-b of this title for the period nineteen hundred ninety-two through two thousand [fourteen] NINETEEN shall not exceed [thirty-seven] FIFTY- FIVE billion [two hundred eleven] FOUR HUNDRED NINETY-SEVEN million dollars [prior to January one, two thousand thirteen; shall not exceed thirty-nine billion five hundred forty-four million prior to January one, two thousand fourteen; and shall not exceed forty-one billion eight hundred seventy-seven million dollars thereafter]. Such aggregate prin- cipal amount of bonds, notes or other obligations or the expenditure thereof shall not be subject to any limitation contained in any other provision of law on the principal amount of bonds, notes or other obli- gations or the expenditure thereof applicable to the authority, the Triborough bridge and tunnel authority or the New York city transit authority. The aggregate limitation established by this subdivision shall not include (i) obligations issued to refund, redeem or otherwise repay, including by purchase or tender, obligations theretofore issued either by the issuer of such refunding obligations or by the authority, the New York city transit authority or the Triborough bridge and tunnel authority, (ii) obligations issued to fund any debt service or other reserve funds for such obligations, (iii) obligations issued or incurred to fund the costs of issuance, the payment of amounts required under bond and note facilities, federal or other governmental loans, security or credit arrangements or other agreements related thereto and the payment of other financing, ORIGINAL ISSUE PREMIUMS and related costs associated with such obligations, (iv) an amount equal to any original issue discount from the principal amount of such obligations or to fund capitalized interest, (v) obligations incurred pursuant to section twelve hundred seven-m of this article, (vi) obligations incurred to fund the acquisition of certain buses for the New York city transit authority as identified in a capital program plan approved pursuant to chapter fifty-three of the laws of nineteen hundred ninety-two, (vii) obligations incurred in connection with the leasing, selling or trans- ferring of equipment, and (viii) bond anticipation notes or other obli- S. 6406--C 81 A. 9006--C gations payable solely from the proceeds of other bonds, notes or other obligations which would be included in the aggregate principal amount specified in the first sentence of this subdivision, whether or not additionally secured by revenues of the authority, or any of its subsid- iary corporations, New York city transit authority, or any of its subsidiary corporations, or Triborough bridge and tunnel authority. S 5. This act commits the state to obligate at least $25,150,000,000 in funding for the department of transportation (DOT) capital plan over a multi-year period. This commitment shall consist of $3,763,341,000 in obligations for fiscal year 2016, at least $17,402,562,000 in obli- gations over the course of the remaining four years of the fiscal years 2016-2020 DOT capital plan, and at least $3,985,042,000 in obligations in fiscal year 2021. All such obligations shall be subject to annual appropriation and approval by the director of the budget. S 6. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016. PART OO Section 1. Subdivision 7 of section 1209 of the public authorities law, as amended by chapter 334 of the laws of 2001, is amended to read as follows: 7. (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal, architectural, engineering or other professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit iden- tical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obli- gate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings includ- ing life cycle costs of the item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided that (I) a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING S. 6406--C 82 A. 9006--C SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS. S 2. Intentionally omitted. S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph g of subdivision 9 of section 1209 of the public authorities law, subparagraph (i) of paragraph f as added by chapter 929 of the laws of 1986, and subparagraph (i) of paragraph g as amended by chapter 725 of the laws of 1993, are amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO- SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS. (i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO- SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a vote of not less than two-thirds of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS. S 4. Subdivision 13 of section 1209 of the public authorities law is renumbered subdivision 14 and a new subdivision 13 is added to read as follows: 13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI- TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCE- DURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. S 5. Subdivision 7 of section 1265 of the public authorities law, as added by chapter 324 of the laws of 1965, is amended to read as follows: S. 6406--C 83 A. 9006--C 7. To acquire, hold and dispose of real or personal property in the exercise of its powers[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY PURSUANT TO TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER. THE BOARD SHALL ADOPT GUIDELINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S 6. Subdivision 3 of section 1204 of the public authorities law, as amended by chapter 980 of the laws of 1958, is amended to read as follows: 3. To acquire, hold, use and dispose of equipment, devices and appurtenances, and other property for its corporate purposes, INCLUDING, THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE AND TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER. S 7. Subdivision 3 of section 553 of the public authorities law is amended to read as follows: 3. To acquire, hold and dispose of personal property for its corporate purposes[;], INCLUDING, THE POWER TO DISPOSE OF PERSONAL PROPERTY WITH A VALUE OF FIVE HUNDRED THOUSAND DOLLARS OR LESS BY PUBLIC AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED BY THE AUTHORITY PURSUANT TO TITLE FIVE-A OF ARTICLE NINE OF THIS CHAPTER. THE BOARD SHALL ADOPT GUIDE- LINES THAT SHALL PROVIDE FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST. S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the public authorities law, as amended by chapter 334 of the laws of 2001, are amended to read as follows: (a) Except as otherwise provided in this section, all purchase contracts for supplies, materials or equipment involving an estimated expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and all contracts for public work involving an estimated expenditure in excess of [twenty-five] ONE HUNDRED thousand dollars shall be awarded by the authority to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and archi- tectural, or professional services. The authority may reject all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obligate the authority to seek new bids after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle costs of the item to be purchased, discounts, and inspection services so long as the invita- tion to bid reasonably sets forth the criteria to be used in evaluating such costs or savings. Life cycle costs may include but shall not be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal. (b) Section twenty-eight hundred seventy-nine of this chapter shall apply to the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars or more, provided (I) that a contract for [personal] services in the actual or estimated amount of less than [twenty] ONE HUNDRED thousand dollars S. 6406--C 84 A. 9006--C shall not require approval by the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for [personal] services in the actual or estimated amount of [twenty] ONE HUNDRED thousand dollars or more shall require approval by the board of the authority regardless of the length of the period over which the services are rendered UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU- ANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY- CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS. S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph g of subdivision 4 of section 1265-a of the public authorities law, subparagraph (i) of paragraph f as added by chapter 929 of the laws of 1986, and subparagraph (i) of paragraph g as amended by chapter 256 of the laws of 1998, are amended to read as follows: (i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO- SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS. (i) [The] EXCEPT FOR A CONTRACT WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS THAT IS AWARDED PURSUANT TO THIS PARAGRAPH TO THE PROPO- SER WHOSE PROPOSAL IS THE LOWEST COST, THE authority may award a contract pursuant to this paragraph only after a resolution approved by a vote of not less than a two-thirds vote of its members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B) summariz- ing the negotiation process including the opportunities, if any, avail- able to proposers to present and modify their proposals, and (C) setting forth the criteria upon which the selection was made PROVIDED HOWEVER THAT FOR PURPOSES OF THIS SUBPARAGRAPH THE BOARD MAY, AT ITS DISCRETION, REQUIRE SUCH A RESOLUTION BE APPROVED FOR CONTRACTS WITH A VALUE OF ONE HUNDRED MILLION DOLLARS OR LESS. S 10. Intentionally omitted. S 11. Subdivision 8 of section 1265-a of the public authorities law is renumbered subdivision 9 and a new subdivision 8 is added to read as follows: 8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM FOR THE PURCHASE OF GOODS, MATERIALS, AND COMMODITIES THAT MAY INFORM BIDDERS WHETHER THEIR S. 6406--C 85 A. 9006--C BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED FOR THE OPENING OF BIDS. SUCH PROCEDURE SHALL NOT CONSTITUTE DISCLOSURE OF BIDS IN VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER. S 12. Section 553 of the public authorities law is amended by adding a new subdivision 22 to read as follows: 22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND, IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE, PROVIDED THAT (I) A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF LESS THAN ONE HUNDRED THOUSAND DOLLARS SHALL NOT REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B OF THE EXECUTIVE LAW, OR MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI- CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH- OUT FURTHER BOARD APPROVAL. THE BOARD OF THE AUTHORITY SHALL ADOPT GUIDELINES WHICH SHALL BE MADE PUBLICLY AVAILABLE FOR THE AWARDING OF SUCH CONTRACT WITHOUT A FORMAL COMPETITIVE PROCESS. S 13. Intentionally omitted. S 14. Intentionally omitted. S 15. This act shall take effect immediately, and shall expire and be deemed repealed April 1, 2021. PART PP Section 1. Section 1261 of the public authorities law is amended by adding a new subdivision 18-a to read as follows: 18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR INDIRECTLY SUPPORTS ALL OR ANY OF THE MISSIONS OR PURPOSES OF THE AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, INCLUDING THE REALIZATION OF REVENUES AVAILABLE FOR THE COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES. S 2. Subdivision 1 of section 119-r of the general municipal law, as added by chapter 717 of the laws of 1967, is amended to read as follows: 1. To assure the provision of mass transportation services to the public at adequate levels and at reasonable cost, every city, town, village or county not wholly contained within a city, shall have power to adopt local laws to authorize: a. The acquisition, construction, reconstruction, improvement, equip- ment, maintenance, FINANCING SUBJECT TO THE PROVISIONS OF PARAGRAPH F OF THIS SUBDIVISION, or operation of one or more mass transportation projects. Such municipal corporation shall have power to occupy or use any of the streets, roads, highways, avenues, parks or public places of such municipal corporation therefor and to agree upon and contract for the terms and conditions thereof. S. 6406--C 86 A. 9006--C b. The making of a contract or contracts for the acquisition by purchase of all or any part of the property, plant and equipment of an existing mass transportation facility actually used and useful for the convenience of the public. c. The making of a contract or contracts with any person, firm or corporation, including a public authority, for the equipment, mainte- nance or operation of a mass transportation facility owned, acquired, constructed, reconstructed or improved by it. d. The making of a contract or contracts for a fair and reasonable consideration for mass transportation services to be rendered to the public by a privately-owned or operated mass transportation facility. Such power shall include but not be limited to the power to appropriate funds for payment of such consideration, and to provide that all or part of such consideration shall be in the form of capital equipment to be furnished to and used and maintained by such privately-owned or operated mass transportation facility. e. The making of unconditional grants of money or property to a public authority providing mass transportation services to all or part of such municipal corporation in order to assist such public authority in meet- ing its capital or operating expenses, provided such money does not consist of borrowed funds and such property has not been acquired by the use of borrowed funds. Such purpose is hereby declared to be county, city, town or village purposes, respectively. The provisions of this paragraph are intended as enabling legislation only and shall not be interpreted as implying that absent their enactment a municipal corpo- ration would lack the power to authorize any such grant; but they shall not be interpreted as an authorization to public authorities generally to accept such grants. The acceptance of any such grant by a public authority shall not operate to make such authority an agency of the municipal corporation making the grant. F. THE MAKING OF A CONTRACT WITH THE METROPOLITAN TRANSPORTATION AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER MUNICIPAL CORPORATIONS TO ASSIST THE AUTHORITY IN MEETING ITS CAPITAL OR OPERATING EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL OR PART OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANSPORTATION CAPI- TAL PROJECT IN OR NEAR THE MUNICIPAL CORPORATION. SUCH A MUNICIPAL CORPORATION MAY, ACCORDING TO THE TERMS OF THE CONTRACT WITH THE AUTHOR- ITY, ESTABLISH, LEVY AND COLLECT TAXES, ASSESSMENTS, AND/OR CHARGES AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION. SUCH MUNICIPAL CORPORATION MAY DESIGNATE MASS TRANSPORTATION CAPITAL PROJECT DISTRICTS THAT A MUNICIPAL CORPORATION FINDS, AFTER CONDUCTING A PUBLIC HEARING, WILL BENEFIT FROM AN IDENTIFIED MASS TRANSPORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICIPAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT ACCORDING TO TERMS IT DESIGNS OR HAS AGREED TO BY CONTRACT. THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR MORE METHODS TO CAPTURE THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT, INCLUDING, BUT NOT LIMITED TO: (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE TIME PRIOR TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT; (II) A SPECIAL TRANSPORTATION ASSESSMENT IMPOSED UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE BENEFIT RECEIVED BY SUCH PROPERTY FROM A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX; S. 6406--C 87 A. 9006--C (III) LAND VALUE TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW; AND (IV) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVEN- UES THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE, PROVIDED THAT THE TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES LEVIED ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A PROPORTIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH LOT OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT; AND (V) FOR PURPOSES OF THIS PARAGRAPH THE TERM MUNICIPAL CORPORATION SHALL INCLUDE ONLY THOSE CITIES, TOWNS, VILLAGES AND COUNTIES DESCRIBED IN SECTION TWELVE HUNDRED SIXTY-TWO OF THE PUBLIC AUTHORITIES LAW. S 3. This act shall take effect immediately; provided that the amend- ments to subdivision 1 of section 119-r of the general municipal law made by section two of this act shall expire and be deemed repealed April 1, 2021, and provided further that such repeal shall not affect the validity or duration of any contract entered into before that date pursuant to paragraph f of such subdivision. PART QQ Section 1. Section 2 of part EE of chapter 60 of the laws of 2011, amending the New York state urban development corporation act relating to the new markets tax credits, is amended to read as follows: S 2. This act shall take effect immediately and shall expire and be deemed repealed [5] 10 years after such effective date. S 2. This act shall take effect immediately. PART RR Section 1. The public authorities law is amended by adding a new section 1678-a to read as follows: S 1678-A. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT. 1. PURPOSES OF ACT. THE PURPOSES OF THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION ACT ARE TO ESTABLISH THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION TO PROVIDE (A) ADDITIONAL PROJECT MANAGE- MENT EXPERTISE, MONITORING AND OVERSIGHT ON PUBLIC WORKS PROJECTS EACH HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS UNDERTAKEN BY STATE AGENCIES, STATE DEPARTMENTS SUBJECT TO THE PROVISIONS OF THIS SECTION, AND STATE AUTHORITIES INCLUDING ONE CREATED BY CHAPTER ONE HUNDRED FIFTY-FOUR OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE AND ONE CREATED BY CHAPTER EIGHT HUNDRED TWENTY-FOUR OF THE LAWS OF NINETEEN HUNDRED THIRTY-THREE HEREIN AFTER REFERRED TO AS "STATE ENTITY"; AND (B) A MEANS TO IMPLEMENT AND RECOMMEND IMPROVEMENTS AND OTHER PROJECT CHANGES ON SUCH PROPOSED PUBLIC WORKS PROJECTS IN EXCESS OF FIFTY MILLION DOLLARS IN TOTAL OR AGGREGATE VALUE, IN A MORE TIMELY FASHION, TO ENSURE THAT SUCH PROJECTS CAN BE ACCOMPLISHED, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL QUALITY AND COST TO THE STATE OF NEW YORK. 2. NEW YORK STATE DESIGN AND CONSTRUCTION CORPORATION. (A) THERE IS HEREBY ESTABLISHED THE NEW YORK STATE DESIGN AND CONSTRUCTION CORPO- RATION AS A SUBSIDIARY CORPORATION OF THE DORMITORY AUTHORITY. (B) THE DORMITORY AUTHORITY MAY PROVIDE OR LEASE TO SUCH SUBSIDIARY CORPORATION ANY REAL, PERSONAL OR MIXED PROPERTY AS SHALL BE REQUIRED IN S. 6406--C 88 A. 9006--C ORDER TO CARRY OUT THE PURPOSES OF THIS ACT. THE AUTHORITY MAY ASSIGN ANY SUCH EMPLOYEES TO WORK FOR THE CORPORATION AS SHALL BE REQUIRED IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION AND ALL SUCH EMPLOYEES SHALL RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATIONS, SENIORITY, STATUS, AND RIGHTS PURSUANT TO THEIR COLLECTIVE BARGAINING UNITS AND/OR COLLECTIVE BARGAINING AGREEMENTS, AS APPLICABLE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE TERM "EMPLOYEE" AS SET FORTH IN THIS SECTION SHALL MEAN A DORMITORY AUTHORITY EMPLOYEE ASSIGNED, IN WHOLE, OR IN PART, TO WORK FOR THE CORPORATION. (C) SUCH CORPORATION SHALL BE A BODY CORPORATE AND POLITIC CONSTITUT- ING A PUBLIC BENEFIT CORPORATION, AND SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE DORMITORY AUTHOR- ITY TO THE EXTENT THE SAME ARE NOT INCONSISTENT WITH THIS SECTION. (D) THE BOARD OF THE CORPORATION SHALL CONSIST OF THREE MEMBERS AS DESIGNATED BY THE GOVERNOR, AND THE GOVERNOR SHALL DESIGNATE THE CHAIR FROM AMONG THE MEMBERS OF THE CORPORATION'S BOARD. THE MEMBERS OF THE CORPORATION'S BOARD SHALL SERVE UNTIL SUCH TIME AS HIS OR HER SUCCESSOR IS APPOINTED BY THE GOVERNOR. (E) A QUORUM SHALL CONSIST OF A MAJORITY OF THE MEMBERS OF THE BOARD. A QUORUM SHALL BE REQUIRED FOR THE BOARD TO CONDUCT BUSINESS, AND APPROVAL OF ANY MATTER PROPERLY BEFORE THE BOARD SHALL REQUIRE THE AFFIRMATIVE VOTE OF THE MAJORITY OF THE BOARD. MEETINGS OF THE CORPO- RATION SHALL BE CALLED BY THE CHAIR, OR BY A MAJORITY OF THE MEMBERS APPOINTED. MEETINGS SHALL BE HELD AT LEAST BI-ANNUALLY. (F) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO IMPOSE ANY LIABILITIES, OBLIGATIONS OR RESPONSIBILITIES OF SUCH CORPORATION UPON THE DORMITORY AUTHORITY, AND THE AUTHORITY SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNLESS THE AUTHORITY EXPRESSLY AGREES BY RESOL- UTION OF THE AUTHORITY BOARD TO ASSUME THE SAME. (G) THE PROVISIONS OF SECTION SIXTEEN HUNDRED NINETY-ONE OF THIS TITLE SHALL IN ALL RESPECTS APPLY TO MEMBERS OF THE CORPORATION AND ANY OFFI- CER, EMPLOYEE OR AGENT OF THE DORMITORY AUTHORITY TRANSFERRED OR ASSIGNED TO THE CORPORATION, WHILE ACTING WITHIN THE SCOPE OF HIS, HER OR ITS AUTHORITY. (H) ALL OF THE PROVISIONS OF SECTIONS SEVENTEEN AND NINETEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO THE MEMBERS, DIRECTORS, OFFICERS AND EMPLOYEES OF THE CORPORATION. (I) THE CORPORATION CREATED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO ANY OTHER PROVISIONS OF THIS CHAPTER PERTAINING TO SUBSIDIARIES OF PUBLIC AUTHORITIES TO THE EXTENT THAT SUCH PROVISIONS ARE NOT INCONSIST- ENT WITH THE PROVISIONS OF THIS SECTION. 3. CORPORATION REVIEW AND OVERSIGHT OF CERTAIN PUBLIC WORKS CONTRACTS. FOR PUBLIC WORKS PROJECTS HAVING A TOTAL OR AGGREGATE CONSTRUCTION VALUE IN EXCESS OF FIFTY MILLION DOLLARS, HEREINAFTER REFERRED TO AS "COVERED PROJECTS", AND FOR ANY AND ALL CONTRACTS RELATING TO SUCH COVERED PROJECTS WHICH ARE ADVERTISED FOR BID OR PROPOSAL OR OTHERWISE PROCURED AND/OR ENTERED INTO ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN: (A) ANY STATE ENTITY PROPOSING A COVERED PROJECT SHALL PROVIDE WRITTEN NOTICE TO THE CORPORATION OF SUCH PROPOSAL, TO INCLUDE WITHOUT LIMITA- TION, THE ESTIMATED VALUE OF THE COVERED PROJECT AND A SUMMARY OF THE SCOPE AND DURATION OF SUCH COVERED PROJECT. PROJECTS SHALL NOT BE DIVIDED OR SEGMENTED FOR THE PURPOSES OF AVOIDING COMPLIANCE WITH THE PROVISIONS OF THIS ACT. FOR PURPOSES OF THIS SECTION, "COVERED PROJECT" SHALL NOT INCLUDE CAPITAL PROJECTS OF THE OFFICE OF STATE COMPTROLLER, OFFICE OF THE ATTORNEY GENERAL OR EDUCATION DEPARTMENT OF THE STATE OF NEW YORK. S. 6406--C 89 A. 9006--C (B) THE CORPORATION SHALL HAVE THE AUTHORITY TO, AND MAY, IN ITS SOLE DISCRETION, REVIEW, MONITOR, AND OVERSEE, IN WHOLE OR IN PART, SUCH COVERED PROJECT, AND MAKE RECOMMENDATIONS REGARDING NECESSARY CORRECTIVE OR OTHER ACTION TO ANY STATE ENTITY IN CONNECTION WITH SUCH COVERED PROJECT PROVIDED THAT THE CORPORATION, IN ITS SOLE DISCRETION, DEEMS SUCH COVERED PROJECT TO BE AT RISK OF BEING DELAYED, NOT BEING COMPLETED WITHIN BUDGET, OR NOT COMPLETED AT AN ACCEPTABLE LEVEL OF QUALITY. (C) FOR THE PURPOSES OF THIS SECTION, THE TERM "PROJECT" SHALL MEAN ANY WORK ASSOCIATED WITH THE PLANNING, ACQUISITION, DESIGN, ENGINEERING, ENVIRONMENTAL ANALYSIS, CONSTRUCTION, RECONSTRUCTION, RESTORATION, REHA- BILITATION, ESTABLISHMENT, IMPROVEMENT, RENOVATION, EXTENSION, REPAIR, REVITALIZATION, MANAGEMENT AND DEVELOPMENT OF A CAPITAL ASSET AS DEFINED IN SECTION TWO OF THE STATE FINANCE LAW. (D) THE STATE ENTITY UNDERTAKING SUCH COVERED PROJECT SHALL COOPERATE IN GOOD FAITH WITH THE CORPORATION, AND PROVIDE REASONABLE ACCESS TO ALL PERSONNEL, BOOKS, RECORDS, PLANS, SPECIFICATIONS, DATA AND OTHER INFOR- MATION AS MAY BE NECESSARY FOR THE CORPORATION TO PERFORM ITS DUTIES. THE CORPORATION SHALL LIMIT ITS REQUEST FOR ACCESS TO SUCH INFORMATION THAT IS REASONABLY NECESSARY, AS DETERMINED BY THE CORPORATION TO PERFORM ITS DUTIES. (E) IN THE EVENT THE CORPORATION DETERMINES THAT CORRECTIVE OR OTHER ACTION IS NECESSARY FOR SUCH COVERED PROJECT, THEN THE CORPORATION SHALL PROVIDE THE STATE ENTITY WITH WRITTEN NOTICE OF WHAT CORRECTIVE OR OTHER ACTIONS THE CORPORATION RECOMMENDS AS NECESSARY TO ACCOMPLISH THE PROJECT, TO THE EXTENT PRACTICABLE, ON TIME, WITHIN BUDGET AND AT AN ACCEPTABLE OVERALL COST TO THE STATE OF NEW YORK. SUCH CORRECTIVE OR OTHER ACTION MAY INCLUDE, BUT NOT BE LIMITED TO: (I) MODIFICATION OF SUCH PLANS, SCHEDULES, SPECIFICATIONS, DESIGNS AND ESTIMATES OF COSTS FOR THE CONSTRUCTION OF THE PROJECT AND EQUIPMENT OF FACILITIES; (II) DETAILED ANALYSIS OF THE PROJECT SCHEDULE SO AS TO CURE DELAYS THAT MAY HAVE OCCURRED OR PREVENT FUTURE DELAY; (III) DETAILED ANALYSIS OF PROJECT BUDGET; (IV) DETAILED ANALYSIS OF CHANGE ORDERS AND/OR PAYMENTS TO PRIME CONTRACTORS, SUBCONTRACTORS AND OTHER PARTIES; (V) DETAILED ANALYSIS OF RECORDS OF CONSTRUCTION OBSERVATIONS, INSPECTIONS AND DEFICIENCIES; (VI) EXERCISE OF APPLICABLE RIGHTS AND/OR REMEDIES WITH RESPECT TO CONTRACTS, CONTRACTORS, SUBCONTRACTORS OR OTHER CONSULTANTS; (VII) PROCUREMENT OF INDEPENDENT AUDITORS, PROJECT MANAGERS, LEGAL COUNSEL, OR OTHER PROFESSIONALS FOR THE BENEFIT OF THE PROJECT; (VIII) REGULAR REPORTING OF PROJECT STATUS AND MILESTONES TO THE CORPORATION; (IX) ACTIVE PROJECT MANAGEMENT REVIEW AND OVERSIGHT UTILIZING ADDI- TIONAL RESOURCES PROVIDED BY THE CORPORATION; AND (X) PERIODIC PROJECT REVIEW AND AUDIT BY THE CORPORATION ON A SUITABLE TIME INTERVAL DETERMINED BY THE CORPORATION. THE STATE ENTITY UNDERTAKING THE PROJECT SHALL HAVE A PERIOD OF THIRTY DAYS, OR SHORTER IF THE CORPORATION DETERMINES THAT A SHORTER PERIOD IS REQUIRED BY THE CIRCUMSTANCES OR LONGER IF THE CORPORATION CONSENTS, FROM RECEIPT OF WRITTEN NOTICE OF RECOMMENDED CORRECTIVE ACTION FROM THE CORPORATION, TO NOTIFY THE CORPORATION IN WRITING OF ITS ACCEPTANCE OR REJECTION OF THE CORRECTIVE OR OTHER ACTION. IN THE EVENT THAT THE STATE ENTITY REJECTS ANY CORRECTIVE OR OTHER ACTION, IN WHOLE OR IN PART, IT SHALL PROVIDE SIMULTANEOUS WRITTEN NOTICE TO THE CORPORATION ACCOMPANIED BY A REASONED EXPLANATION IN SUPPORT OF ITS REJECTION. SUCH REJECTION S. 6406--C 90 A. 9006--C SHALL BE REPORTED TO THE SECRETARY TO THE GOVERNOR AND THE DIRECTOR OF THE DIVISION OF BUDGET WITHIN FIFTEEN DAYS OF ITS RECEIPT BY THE CORPO- RATION. (F) ANY STATE ENTITY PROPOSING A COVERED PROJECT SHALL INCLUDE A SUMMARY OF THE PROVISIONS OF THIS SECTION IN ALL SUCH PROPOSAL AND/OR BID DOCUMENTS FOR SUCH PROJECTS. 4. GENERAL POWERS AND DUTIES OF THE CORPORATION. (A) THE CORPORATION SHALL HAVE THE POWER TO: (I) SUE AND BE SUED; (II) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (III) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING SAME; (IV) APPOINT SUCH OFFICERS AND EMPLOYEES FROM THE OFFICERS AND EMPLOY- EES OF THE AUTHORITY, AS IT MAY REQUIRE FOR THE PERFORMANCE OF ITS DUTIES AND FIX AND DETERMINE THEIR QUALIFICATIONS, DUTIES, AND COMPEN- SATION, AND RETAIN OR EMPLOY COUNSEL, AUDITORS, PRIVATE FINANCIAL CONSULTANTS, PROFESSIONAL ENGINEERS OR OTHER TECHNICAL CONSULTANTS AND OTHER SERVICES ON A CONTRACT BASIS OR OTHERWISE, FOR THE RENDERING OF PROFESSIONAL, BUSINESS OR TECHNICAL SERVICES AND ADVICE; (V) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS SECTION; (VI) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE ADVICE RELATING TO COVERED PROJECTS; (VII) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ANCE AS IT DEEMS DESIRABLE; AND (VIII) INVEST ANY FUNDS OF THE CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCIPAL AND INTEREST OF WHICH ARE OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHOR- IZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT OF THE STATE FINANCE LAW. (B) THE CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO THE CONTRARY, ALL STATE ENTITIES AND THEIR OFFICERS SHALL COOPERATE WITH THE CORPORATION IN GOOD FAITH AND MAY IMPLEMENT THE RECOMMENDATIONS OF THE CORPORATION. S 2. This act shall take effect immediately and shall expire and be deemed repealed July 1, 2022; provided, however, that the repeal of this act shall not impair or otherwise affect any of the outstanding obli- gations, responsibilities, functions, rights or liabilities of the corporation, unless adequate provisions have been made for the payment or exercise thereof. PART SS Section 1. Section 200 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: S 200. Short title. This article shall be known and may be cited as the "disability benefits law AND THE PAID FAMILY LEAVE BENEFITS LAW." S 2. Subdivision 14 of section 201 of the workers' compensation law, as added by chapter 600 of the laws of 1949 and as renumbered by chapter S. 6406--C 91 A. 9006--C 438 of the laws of 1964, is amended and nine new subdivisions 15, 16, 17, 18, 19, 20, 21, 22 and 23 are added to read as follows: 14. "A day of disability" means any day on which the employee was prevented from performing work because of disability, INCLUDING ANY DAY WHICH THE EMPLOYEE USES FOR FAMILY LEAVE, and for which [he] THE EMPLOY- EE has not received his OR HER regular remuneration. 15. "FAMILY LEAVE" SHALL MEAN ANY LEAVE TAKEN BY AN EMPLOYEE FROM WORK: (A) TO PARTICIPATE IN PROVIDING CARE, INCLUDING PHYSICAL OR PSYCHOLOGICAL CARE, FOR A FAMILY MEMBER OF THE EMPLOYEE MADE NECESSARY BY A SERIOUS HEALTH CONDITION OF THE FAMILY MEMBER; OR (B) TO BOND WITH THE EMPLOYEE'S CHILD DURING THE FIRST TWELVE MONTHS AFTER THE CHILD'S BIRTH, OR THE FIRST TWELVE MONTHS AFTER THE PLACEMENT OF THE CHILD FOR ADOPTION OR FOSTER CARE WITH THE EMPLOYEE; OR (C) BECAUSE OF ANY QUALI- FYING EXIGENCY AS INTERPRETED UNDER THE FAMILY AND MEDICAL LEAVE ACT, 29 U.S.C.S S 2612(A)(1)(E) AND 29 C.F.R. S.825.126(A)(1)-(8), ARISING OUT OF THE FACT THAT THE SPOUSE, DOMESTIC PARTNER, CHILD, OR PARENT OF THE EMPLOYEE IS ON ACTIVE DUTY (OR HAS BEEN NOTIFIED OF AN IMPENDING CALL OR ORDER TO ACTIVE DUTY) IN THE ARMED FORCES OF THE UNITED STATES. 16. "CHILD" MEANS A BIOLOGICAL, ADOPTED, OR FOSTER SON OR DAUGHTER, A STEPSON OR STEPDAUGHTER, A LEGAL WARD, A SON OR DAUGHTER OF A DOMESTIC PARTNER, OR THE PERSON TO WHOM THE EMPLOYEE STANDS IN LOCO PARENTIS. 17. "DOMESTIC PARTNER" HAS THE SAME MEANING AS SET FORTH IN SECTION FOUR OF THIS CHAPTER. 18. "SERIOUS HEALTH CONDITION" MEANS AN ILLNESS, INJURY, IMPAIRMENT, OR PHYSICAL OR MENTAL CONDITION THAT INVOLVES INPATIENT CARE IN A HOSPI- TAL, HOSPICE, OR RESIDENTIAL HEALTH CARE FACILITY, CONTINUING TREATMENT OR CONTINUING SUPERVISION BY A HEALTH CARE PROVIDER. CONTINUING SUPER- VISION BY A HEALTH CARE PROVIDER INCLUDES A PERIOD OF INCAPACITY WHICH IS PERMANENT OR LONG TERM DUE TO A CONDITION FOR WHICH TREATMENT MAY NOT BE EFFECTIVE WHERE THE FAMILY MEMBER IS UNDER THE CONTINUING SUPERVISION OF, BUT NEED NOT BE RECEIVING ACTIVE TREATMENT BY, A HEALTH CARE PROVID- ER. 19. "PARENT" MEANS A BIOLOGICAL, FOSTER, OR ADOPTIVE PARENT, A PARENT-IN-LAW, A STEPPARENT, A LEGAL GUARDIAN, OR OTHER PERSON WHO STOOD IN LOCO PARENTIS TO THE EMPLOYEE WHEN THE EMPLOYEE WAS A CHILD. 20. "FAMILY MEMBER" MEANS A CHILD, PARENT, GRANDPARENT, GRANDCHILD, SPOUSE, OR DOMESTIC PARTNER AS DEFINED IN THIS SECTION. 21. "GRANDCHILD" MEANS A CHILD OF THE EMPLOYEE'S CHILD. 22. "HEALTH CARE PROVIDER" SHALL MEAN FOR THE PURPOSE OF FAMILY LEAVE, A PERSON LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE, ONE HUNDRED THIRTY-ONE-B, ONE HUNDRED THIRTY-TWO, ONE HUNDRED THIRTY-THREE, ONE HUNDRED THIRTY-SIX, ONE HUNDRED THIRTY-NINE, ONE HUNDRED FORTY-ONE, ONE HUNDRED FORTY-THREE, ONE HUNDRED FORTY-FOUR, ONE HUNDRED FIFTY-THREE, ONE HUNDRED FIFTY-FOUR, ONE HUNDRED FIFTY-SIX OR ONE HUNDRED FIFTY-NINE OF THE EDUCATION LAW OR A PERSON LICENSED UNDER THE PUBLIC HEALTH LAW, ARTICLE ONE HUNDRED FORTY OF THE EDUCATION LAW OR ARTICLE ONE HUNDRED SIXTY-THREE OF THE EDUCATION LAW. 23. "GRANDPARENT" MEANS A PARENT OF THE EMPLOYEE'S PARENT. S 3. Section 203 of the workers' compensation law, as amended by chap- ter 436 of the laws of 1986, is amended to read as follows: S 203. Employees eligible for benefits under section two hundred four OF THIS ARTICLE. Employees in employment of a covered employer for four or more consecutive weeks and employees in employment during the work period usual to and available during such four or more consecutive weeks in any trade or business in which they are regularly employed and in which hiring from day to day of such employees is the usual employment S. 6406--C 92 A. 9006--C practice shall be eligible for disability benefits as provided in section two hundred four OF THIS ARTICLE. EMPLOYEES IN EMPLOYMENT OF A COVERED EMPLOYER FOR TWENTY-SIX OR MORE CONSECUTIVE WEEKS AND EMPLOYEES IN EMPLOYMENT DURING THE WORK PERIOD USUAL TO AND AVAILABLE DURING SUCH TWENTY-SIX OR MORE CONSECUTIVE WEEKS IN ANY TRADE OR BUSINESS IN WHICH THEY ARE REGULARLY EMPLOYED AND IN WHICH HIRING FROM DAY TO DAY OF SUCH EMPLOYEES IS THE USUAL EMPLOYMENT PRACTICE SHALL BE ELIGIBLE FOR FAMILY LEAVE BENEFITS AS PROVIDED IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. EVERY SUCH EMPLOYEE SHALL CONTINUE TO BE ELIGIBLE FOR FAMILY LEAVE BENE- FITS ONLY DURING EMPLOYMENT WITH A COVERED EMPLOYER. Every such employee shall continue to be eligible FOR DISABILITY BENEFITS during such employment and for a period of four weeks after such employment termi- nates regardless of whether the employee performs any work for remunera- tion or profit in non-covered employment. If during such four week peri- od the employee performs any work for remuneration or profit for another covered employer the employee shall become eligible for DISABILITY bene- fits immediately with respect to that employment. In addition every such employee who HAS PREVIOUSLY COMPLETED FOUR OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE COVERED EMPLOYER FOR PURPOSES OF DISABILITY BENE- FITS, OR TWENTY-SIX OR MORE CONSECUTIVE WEEKS IN EMPLOYMENT WITH THE COVERED EMPLOYER FOR PURPOSES OF PAID FAMILY LEAVE, AND returns to work with the same employer after an agreed and specified unpaid leave of absence or vacation without pay shall become eligible for benefits imme- diately with respect to such employment. An employee who during a period in which he or she is eligible to receive benefits under subdivision two of section two hundred seven OF THIS ARTICLE returns to employment with a covered employer and an employee who is currently receiving unemploy- ment insurance benefits or benefits under section two hundred seven OF THIS ARTICLE and who returns to employment with a covered employer shall become eligible for DISABILITY benefits immediately with respect to such employment. An employee regularly in the employment of a single employ- er on a work schedule less than the employer's normal work week shall become eligible for DISABILITY LEAVE benefits on the twenty-fifth day of such regular employment AND FOR PURPOSES OF PAID FAMILY LEAVE AN EMPLOY- ER SHALL BECOME ELIGIBLE FOR BENEFITS ON THE ONE HUNDRED SEVENTY-FIFTH DAY OF SUCH REGULAR EMPLOYMENT. An employee who [becomes disabled while] IS eligible for DISABILITY AND FAMILY LEAVE benefits in the employment of a covered employer shall not be deemed, for the purposes of this article, to have such employment terminated during any period he or she is eligible to receive benefits under section two hundred four OF THIS ARTICLE with respect to such employment. S 4. The workers' compensation law is amended by adding three new sections 203-a, 203-b and 203-c to read as follows: S 203-A. RETALIATORY ACTION PROHIBITED FOR FAMILY LEAVE. 1. THE PROVISIONS OF SECTION ONE HUNDRED TWENTY OF THIS CHAPTER AND SECTION TWO HUNDRED FORTY-ONE OF THIS ARTICLE SHALL BE APPLICABLE TO FAMILY LEAVE. 2. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT CONTRACT. S 203-B. REINSTATEMENT FOLLOWING FAMILY LEAVE. ANY ELIGIBLE EMPLOYEE OF A COVERED EMPLOYER WHO TAKES LEAVE UNDER THIS ARTICLE SHALL BE ENTI- TLED, ON RETURN FROM SUCH LEAVE, TO BE RESTORED BY THE EMPLOYER TO THE POSITION OF EMPLOYMENT HELD BY THE EMPLOYEE WHEN THE LEAVE COMMENCED, OR TO BE RESTORED TO A COMPARABLE POSITION WITH COMPARABLE EMPLOYMENT BENE- FITS, PAY AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. THE TAKING OF FAMILY LEAVE SHALL NOT RESULT IN THE LOSS OF ANY EMPLOYMENT BENEFIT S. 6406--C 93 A. 9006--C ACCRUED PRIOR TO THE DATE ON WHICH THE LEAVE COMMENCED. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ENTITLE ANY RESTORED EMPLOYEE TO THE ACCRUAL OF ANY SENIORITY OR EMPLOYMENT BENEFITS DURING ANY PERIOD OF LEAVE, OR ANY RIGHT, BENEFIT OR POSITION TO WHICH THE EMPLOYEE WOULD HAVE BEEN ENTITLED HAD THE EMPLOYEE NOT TAKEN THE LEAVE. S 203-C HEALTH INSURANCE DURING FAMILY LEAVE. IN ACCORDANCE WITH THE FAMILY AND MEDICAL LEAVE ACT (29 U.S.C. SS 2601-2654), DURING ANY PERIOD OF FAMILY LEAVE THE EMPLOYER SHALL MAINTAIN ANY EXISTING HEALTH BENEFITS OF THE EMPLOYEE IN FORCE FOR THE DURATION OF SUCH LEAVE AS IF THE EMPLOYEE HAD CONTINUED TO WORK FROM THE DATE HE OR SHE COMMENCED FAMILY LEAVE UNTIL THE DATE HE OR SHE RETURNS TO EMPLOYMENT. S 5. Section 204 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 2 as amended by chapter 38 of the laws of 1989, is amended to read as follows: S 204. Disability AND FAMILY LEAVE during employment. 1. Disability benefits shall be payable to an eligible employee for disabilities [commencing after June thirtieth, nineteen hundred fifty], beginning with the eighth [consecutive] day of disability and thereafter during the continuance of disability, subject to the limitations as to maximum and minimum amounts and duration and other conditions and limitations in this section and in sections two hundred five and two hundred six OF THIS ARTICLE. FAMILY LEAVE BENEFITS SHALL BE PAYABLE TO AN ELIGIBLE EMPLOYEE FOR THE FIRST FULL DAY WHEN FAMILY LEAVE IS REQUIRED AND THERE- AFTER DURING THE CONTINUANCE OF THE NEED FOR FAMILY LEAVE, SUBJECT TO THE LIMITATIONS AS TO MAXIMUM AND MINIMUM AMOUNTS AND DURATION AND OTHER CONDITIONS AND LIMITATIONS IN THIS SECTION AND IN SECTIONS TWO HUNDRED FIVE AND TWO HUNDRED SIX OF THIS ARTICLE. Successive periods of disabil- ity OR FAMILY LEAVE caused by the same or related injury or sickness shall be deemed a single period of disability OR FAMILY LEAVE only if separated by less than three months. 2. (A) THE WEEKLY BENEFIT FOR FAMILY LEAVE THAT OCCURS (I) ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT EXCEED EIGHT WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE FIFTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (II) ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN SHALL NOT EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE FIFTY-FIVE PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED FIFTY-FIVE PERCENT OF THE STATE AVERAGE WEEKLY WAGE, (III) ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY SHALL NOT EXCEED TEN WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY PERCENT OF THE STATE AVERAGE WEEKLY WAGE, AND (IV) ON OR AFTER JANUARY FIRST OF EACH SUCCEEDING YEAR, SHALL NOT EXCEED TWELVE WEEKS DURING ANY FIFTY-TWO WEEK CALENDAR PERIOD AND SHALL BE SIXTY-SEVEN PERCENT OF THE EMPLOYEE'S AVERAGE WEEKLY WAGE BUT SHALL NOT EXCEED SIXTY-SEVEN PERCENT OF THE NEW YORK STATE AVERAGE WEEKLY WAGE IN EFFECT. THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL HAVE DISCRETION TO DELAY THE INCREASES IN THE FAMILY LEAVE BENEFIT LEVEL PROVIDED IN SUBPARA- GRAPHS (II), (III), AND (IV) OF THIS PARAGRAPH BY ONE OR MORE CALENDAR YEARS. IN DETERMINING WHETHER TO DELAY THE INCREASE IN THE FAMILY LEAVE BENEFIT FOR ANY YEAR, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL CONSIDER: (1) THE CURRENT COST TO EMPLOYEES OF THE FAMILY LEAVE BENEFIT AND ANY EXPECTED CHANGE IN THE COST AFTER THE BENEFIT INCREASE; (2) THE CURRENT NUMBER OF INSURERS ISSUING INSURANCE POLICIES WITH A FAMILY LEAVE BENEFIT AND ANY EXPECTED CHANGE IN THE NUMBER OF INSURERS ISSUING SUCH POLICIES AFTER THE BENEFIT INCREASE; (3) THE IMPACT OF THE BENEFIT S. 6406--C 94 A. 9006--C INCREASE ON EMPLOYERS' BUSINESS AND THE OVERALL STABILITY OF THE PROGRAM TO THE EXTENT THAT INFORMATION IS READILY AVAILABLE; (4) THE IMPACT OF THE BENEFIT INCREASE ON THE FINANCIAL STABILITY OF THE DISABILITY AND FAMILY LEAVE INSURANCE MARKET AND CARRIERS; AND (5) ANY ADDITIONAL FACTORS THAT THE SUPERINTENDENT OF FINANCIAL SERVICES DEEMS RELEVANT. IF THE SUPERINTENDENT OF FINANCIAL SERVICES DELAYS THE INCREASE IN THE FAMILY LEAVE BENEFIT LEVEL FOR ONE OR MORE CALENDAR YEARS, THE FAMILY LEAVE BENEFIT LEVEL THAT SHALL TAKE EFFECT IMMEDIATELY FOLLOWING THE DELAY SHALL BE THE SAME BENEFIT LEVEL THAT WOULD HAVE TAKEN EFFECT BUT FOR THE DELAY. THE WEEKLY BENEFITS FOR FAMILY LEAVE THAT OCCURS ON OR AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL NOT BE LESS THAN ONE HUNDRED DOLLARS PER WEEK EXCEPT THAT IF THE EMPLOYEE'S WAGES AT THE TIME OF FAMILY LEAVE ARE LESS THAN ONE HUNDRED DOLLARS PER WEEK, THE EMPLOYEE SHALL RECEIVE HIS OR HER FULL WAGES. BENEFITS MAY BE PAYABLE TO EMPLOY- EES FOR PAID FAMILY LEAVE TAKEN INTERMITTENTLY OR FOR LESS THAN A FULL WORK WEEK IN INCREMENTS OF ONE FULL DAY OR ONE FIFTH OF THE WEEKLY BENE- FIT. (B) The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after May first, nineteen hundred eighty-nine shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred seventy dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred eighty-four shall be one-half of the employee's weekly wage, but in no case shall such benefit exceed one hundred forty-five dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such aver- age weekly wage. The weekly benefit which the disabled employee is enti- tled to receive for disability commencing on or after July first, nine- teen hundred eighty-three and prior to July first, nineteen hundred eighty-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed one hundred thirty-five dollars nor be less than twenty dollars; except that if the employee's average week- ly wage is less than twenty dollars the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy-four, and prior to July first, nineteen hundred eighty- three, shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed ninety-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars, the benefit shall be such average weekly wage. The weekly benefit which the disabled employee is entitled to receive for disability commencing on or after July first, nineteen hundred seventy and prior to July first, nineteen hundred seventy-four shall be one-half of the employee's average weekly wage, but in no case shall such benefit exceed seventy-five dollars nor be less than twenty dollars; except that if the employee's average weekly wage is less than twenty dollars the benefit shall be such average weekly wage. For any period of disability less than a full week, the benefits payable shall be calculated by dividing the weekly benefit by the number of the employee's normal work days per week and multiplying the quotient by the number of normal work days in such period of disability. The weekly benefit for a disabled employee who is concurrently eligible for bene- fits in the employment of more than one covered employer shall, within the maximum and minimum herein provided, be one-half of the total of the S. 6406--C 95 A. 9006--C employee's average weekly wages received from all such covered employ- ers, and shall be allocated in the proportion of their respective aver- age weekly wage payments. S 6. Section 205 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 651 of the laws of 1958, subdivision 2 as amended by chapter 270 of the laws of 1990, subdivision 5 as amended by chapter 288 of the laws of 1970, and subdivisions 3, 4, 5, 6, 7 and 8 as renumbered by chapter 352 of the laws of 1981, is amended to read as follows: S 205. Disabilities, FAMILY LEAVE and [disability] periods for which benefits are not payable. 1. No employee shall be entitled to DISABILITY benefits under this article: [1.] (A) For more than twenty-six weeks MINUS ANY DAYS TAKEN FOR FAMI- LY LEAVE DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS during a period of fifty-two consecutive calendar weeks or during any one period of disability, OR FOR MORE THAN TWENTY-SIX WEEKS; [2.] (B) for any period of disability during which an employee is not under the care of a duly licensed physician or with respect to disabili- ty resulting from a condition of the foot which may lawfully be treated by a duly registered and licensed podiatrist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed chiropractor of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly licensed dentist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly registered and licensed psychologist of the state of New York or with respect to a disability resulting from a condition which may lawfully be treated by a duly certified nurse midwife, for any period of such disability during which an employee is neither under the care of a physician nor a podia- trist, nor a chiropractor, nor a dentist, nor a psychologist, nor a certified nurse midwife; and for any period of disability during which an employee who adheres to the faith or teachings of any church or denomination and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, is not under the care of a practitioner duly accredited by the church or denomination, and provided such employee shall submit to all physical examinations as required by this chapter. 2. NO EMPLOYEE SHALL BE ENTITLED TO FAMILY LEAVE BENEFITS UNDER THIS ARTICLE: (A) FOR MORE THAN TWELVE WEEKS, OR THE MAXIMUM DURATION PERMITTED AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE, DURING A PERIOD OF FIFTY-TWO CONSECUTIVE CALENDAR WEEKS, OR FOR ANY PERIOD IN WHICH THE FAMILY LEAVE COMBINED WITH THE DISABILITY BENEFITS PREVIOUSLY PAID EXCEEDS TWENTY-SIX WEEKS DURING THE SAME FIFTY-TWO CONSECUTIVE CALENDAR WEEKS; (B) FOR ANY PERIOD OF FAMILY LEAVE WHEREIN THE NOTICE AND MEDICAL CERTIFICATION AS PRESCRIBED BY THE CHAIR HAS NOT BEEN FILED. AT THE DISCRETION OF THE CHAIR OR CHAIR'S DESIGNEE PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, THE FAMILY MEMBER WHO IS THE RECIPI- ENT OF CARE MAY BE REQUIRED TO SUBMIT TO A PHYSICAL EXAMINATION BY A QUALIFIED HEALTH CARE PROVIDER. SUCH EXAMINATION SHALL BE PAID FOR BY THE CARRIER; AND (C) AS A CONDITION OF AN EMPLOYEE'S INITIAL RECEIPT OF FAMILY LEAVE BENEFITS DURING ANY FIFTY-TWO CONSECUTIVE CALENDAR WEEKS IN WHICH AN EMPLOYEE IS ELIGIBLE FOR THESE BENEFITS, AN EMPLOYER MAY OFFER AN S. 6406--C 96 A. 9006--C EMPLOYEE WHO HAS ACCRUED BUT UNUSED VACATION TIME OR PERSONAL LEAVE AVAILABLE AT THE TIME OF USE OF AVAILABLE FAMILY LEAVE TO CHOOSE WHETHER TO CHARGE ALL OR PART OF THE FAMILY LEAVE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE FULL SALARY, OR TO NOT CHARGE TIME TO ACCRUED BUT UNUSED VACATION OR PERSONAL LEAVE, AND RECEIVE THE BENEFIT AS SET FORTH IN SECTION TWO HUNDRED FOUR OF THIS ARTICLE. AN EMPLOYER THAT PAYS FULL SALARY DURING A PERIOD OF FAMILY LEAVE MAY REQUEST REIMBURSEMENT IN ACCORDANCE WITH SECTION TWO HUNDRED THIRTY-SEV- EN OF THIS ARTICLE. WITH THE ELECTION OF EITHER OPTION, THE EMPLOYEE SHALL RECEIVE THE FULL PROTECTION OF THE REINSTATEMENT PROVISION SET FORTH IN SECTION TWO HUNDRED THREE-B OF THIS ARTICLE, AND SHALL CONCUR- RENTLY USE AVAILABLE FAMILY MEDICAL LEAVE ACT AND PAID FAMILY LEAVE CREDITS. IN NO EVENT CAN AN EMPLOYEE UTILIZE FAMILY LEAVE BEYOND TWELVE WEEKS, OR THE MAXIMUM DURATION PERMITTED AS SET FORTH IN PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWO HUNDRED FOUR OF THIS ARTICLE, PER ANY FIFTY-TWO WEEK PERIOD SET FORTH IN THIS ARTICLE. THIS PARAGRAPH MAY NOT BE CONSTRUED IN A MANNER THAT RELIEVES AN EMPLOYER OF ANY DUTY OF COLLECTIVE BARGAINING THE EMPLOYER MAY HAVE WITH RESPECT TO THE SUBJECT MATTER OF THIS PARAGRAPH. 3. NO EMPLOYEE SHALL BE ENTITLED TO DISABILITY OR FAMILY LEAVE BENE- FITS UNDER THIS ARTICLE: (A) for any disability occasioned by the wilful intention of the employee to bring about injury to or the sickness of himself or another, or resulting from any injury or sickness sustained in the perpetration by the employee of an illegal act; [4.] (B) for any day of disability OR FAMILY LEAVE during which the employee performed work for remuneration or profit; [5.] (C) for any day of disability OR FAMILY LEAVE for which the employee is entitled to receive from his OR HER employer, or from a fund to which the employer has contributed, remuneration or maintenance in an amount equal to or greater than that to which he OR SHE would be enti- tled under this article; but any voluntary contribution or aid which an employer may make to an employee or any supplementary benefit paid to an employee pursuant to the provisions of a collective bargaining agreement or from a trust fund to which contributions are made pursuant to the provisions of a collective bargaining agreement shall not be considered as continued remuneration or maintenance for this purpose; [6.] (D) for any period in respect to which such employee is subject to suspension or disqualification of the accumulation of unemployment insurance benefit rights, or would be subject if he OR SHE were eligible for such benefit rights, except for ineligibility resulting from the employee's disability; [7.] (E) for any disability due to any act of war, declared or unde- clared[, if such act shall occur after June thirtieth, nineteen hundred fifty]; [8.] (F) for any disability OR FAMILY LEAVE commencing before the employee becomes eligible to benefits [hereunder or commencing prior to July first, nineteen hundred fifty, but this shall not preclude benefits for recurrence after July first, nineteen hundred fifty, of a disability commencing prior thereto] UNDER THIS SECTION. 4. AN EMPLOYEE MAY NOT COLLECT BENEFITS CONCURRENTLY UNDER BOTH SUBDI- VISIONS ONE AND TWO OF THIS SECTION. 5. IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY LEAVE IS FORESEEABLE BASED ON AN EXPECTED BIRTH OR PLACEMENT, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE BEFORE THE DATE THE LEAVE IS TO BEGIN, OF THE EMPLOYEE'S INTENTION TO TAKE FAMILY LEAVE UNDER THIS S. 6406--C 97 A. 9006--C ARTICLE, EXCEPT THAT IF THE DATE OF THE BIRTH OR PLACEMENT REQUIRES LEAVE TO BEGIN IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS IS PRACTICABLE. IN ANY CASE IN WHICH THE NECESSITY FOR FAMILY LEAVE IS FORESEEABLE BASED ON PLANNED MEDICAL TREATMENT, THE EMPLOYEE SHALL PROVIDE THE EMPLOYER WITH NOT LESS THAN THIRTY DAYS NOTICE, BEFORE THE DATE THE LEAVE IS TO BEGIN, OF THE EMPLOYEES INTENTION TO TAKE FAMI- LY LEAVE UNDER THIS ARTICLE, EXCEPT THAT IF THE DATE OF THE TREATMENT REQUIRES LEAVE TO BEGIN IN LESS THAN THIRTY DAYS, THE EMPLOYEE SHALL PROVIDE SUCH NOTICE AS IS PRACTICABLE. S 7. Section 206 of the workers' compensation law, as amended by chap- ter 699 of the laws of 1956, paragraph (a) of subdivision 1 as separate- ly amended by chapters 699 and 929 of the laws of 1956 and subdivision 2 as amended by chapter 24 of the laws of 1988, is amended to read as follows: S 206. Non-duplication of benefits. 1. No DISABILITY benefits shall be payable under section two hundred four or two hundred seven OF THIS ARTICLE: (a) in a weekly benefit amount which, together with any amount that the employee receives or is entitled to receive for the same period or any part thereof as a permanent disability benefit or annuity under any governmental system or program, except under a veteran's disability program, or under any permanent disability policy or program of an employer for whom he OR SHE has performed services, would, if appor- tioned to weekly periods, exceed his OR HER weekly benefit amount [here- under] UNDER THIS SECTION, provided however, that there shall be no offset against the benefits set forth in this article if the claim for disability benefits is based on a disability other than the permanent disability for which the aforesaid permanent disability benefit or annu- ity was granted; (b) with respect to any week for which payments are received under the unemployment insurance law or similar law of this state or of any other state or of the United States; (c) subject to the provisions of subdivision two of this section, for any period with respect to which benefits, compensation or other allow- ances (other than [workmen's] WORKERS' compensation benefits for a permanent partial disability occurring prior to the disability for which benefits are claimed hereunder) are paid or payable under this chapter, the volunteer [firemen's] FIREFIGHTERS' benefit law, or any other [work- men's] WORKERS' compensation act, occupational disease act or similar law, or under any employers' liability act or similar law; under any other temporary disability or cash sickness benefits act or similar law; under section six hundred eighty-eight, title forty-six, United States code; under the federal employers' liability act; or under the maritime doctrine of maintenance, wages and cure. 2. If an employee who is eligible for DISABILITY benefits under section two hundred three or two hundred seven OF THIS ARTICLE is disa- bled and has claimed or subsequently claims workers' compensation bene- fits under this chapter or benefits under the volunteer firefighters' benefit law or the volunteer ambulance workers' benefit law, and such claim is controverted on the ground that the employee's disability was not caused by an accident that arose out of and in the course of his employment or by an occupational disease, or by an injury in line of duty as a volunteer firefighter or volunteer ambulance worker, the employee shall be entitled in the first instance to receive benefits under this article for his OR HER disability. If benefits have been paid under this article in respect to a disability alleged to have arisen out S. 6406--C 98 A. 9006--C of and in the course of the employment or by reason of an occupational disease, or in line of duty as a volunteer firefighter or a volunteer ambulance worker, the employer or carrier or the [chairman] CHAIR making such payment may, at any time before award of workers' compensation benefits, or volunteer firefighters' benefits or volunteer ambulance workers' benefits, is made, file with the board a claim for reimburse- ment out of the proceeds of such award to the employee for the period for which disability benefits were paid to the employee under this arti- cle, and shall have a lien against the award for reimbursement, notwith- standing the provisions of section thirty-three of this chapter or section twenty-three of the volunteer firefighters' benefit law or section twenty-three of the volunteer ambulance workers' benefit law provided the insurance carrier liable for payment of the award receives, before such award is made, a copy of the claim for reimbursement from the employer, carrier or [chairman] CHAIR who paid disability benefits, or provided the board's decision and award directs such reimbursement therefrom. 3. NO FAMILY LEAVE BENEFITS SHALL BE PAYABLE UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE: (A) DURING PERIODS WHEN THE EMPLOYEE IS RECEIVING TOTAL DISABILITY PAYMENTS PURSUANT TO A CLAIM FOR WORKERS' COMPENSATION, VOLUNTEER FIRE- FIGHTERS' BENEFITS OR VOLUNTEER AMBULANCE WORKERS' BENEFITS, EXCEPT THAT WHEN THE EMPLOYEE IS RECEIVING PAYMENTS FOR PARTIAL DISABILITY OR REDUCED EARNINGS UNDER SUCH LAWS, THE FAMILY LEAVE BENEFIT, WHEN COMBINED WITH THE BENEFITS UNDER SUCH LAWS SHALL NOT EXCEED THE AVERAGE WEEKLY WAGE IN THE EMPLOYMENT FOR WHICH FAMILY LEAVE BENEFITS ARE SOUGHT; (B) TO AN EMPLOYEE WHO IS NOT EMPLOYED OR IS ON ADMINISTRATIVE LEAVE FROM HIS OR HER EMPLOYMENT; (C) TO AN EMPLOYEE DURING PERIODS WHERE THE EMPLOYEE IS COLLECTING SICK PAY OR PAID TIME OFF FROM THE EMPLOYER; AND (D) FOR ANY DAY IN WHICH CLAIMANT WORKS AT LEAST PART OF THAT DAY FOR REMUNERATION OR PROFIT FOR THE COVERED EMPLOYER OR FOR ANY OTHER EMPLOY- ER WHILE WORKING FOR REMUNERATION OR PROFIT, FOR HIM OR HERSELF, OR ANOTHER PERSON OR ENTITY, DURING THE SAME OR SUBSTANTIALLY SIMILAR WORK- ING HOURS AS THOSE OF THE COVERED EMPLOYER FROM WHICH FAMILY LEAVE BENE- FITS ARE CLAIMED, EXCEPT THAT OCCASIONAL SCHEDULING ADJUSTMENTS WITH RESPECT TO SECONDARY EMPLOYMENTS SHALL NOT PREVENT RECEIPT OF FAMILY LEAVE BENEFITS. 4. UNLESS OTHERWISE EXPRESSLY PERMITTED BY THE EMPLOYER, BENEFITS AVAILABLE UNDER 29 U.S. CODE CHAPTER 28 (THE FAMILY AND MEDICAL LEAVE ACT) MUST BE USED CONCURRENTLY WITH FAMILY LEAVE BENEFITS. FOR A SUBSE- QUENT UNRELATED DISABILITY, AN EMPLOYEE MAY SEEK BENEFITS UP TO THE MAXIMUM NUMBER OF AVAILABLE WEEKS PERMITTED IN THIS ARTICLE. 5. A COVERED EMPLOYER IS NOT REQUIRED TO PERMIT MORE THAN ONE EMPLOYEE TO USE THE SAME PERIOD OF FAMILY LEAVE TO CARE FOR THE SAME FAMILY MEMBER. S 8. Section 207 of the workers' compensation law is amended by adding a new subdivision 5 to read as follows: 5. THE FOREGOING PROVISIONS OF THIS SECTION SHALL NOT APPLY TO FAMILY LEAVE BENEFITS, AS FAMILY LEAVE BENEFITS ARE NOT AVAILABLE TO EMPLOYEES THAT ARE NOT EMPLOYED AT THE TIME FAMILY LEAVE IS REQUESTED BY FILING THE NOTICE AND MEDICAL CERTIFICATION REQUIRED BY THE CHAIR. S 9. Section 208 of the workers' compensation law, as added by chapter 600 of the laws of 1949, subdivision 1 as amended by chapter 314 of the laws of 2010, is amended to read as follows: S. 6406--C 99 A. 9006--C S 208. Payment of disability AND FAMILY LEAVE benefits. 1. Benefits provided under this article shall be paid periodically and promptly and, except as to a contested period of disability OR FAMILY LEAVE, without any decision by the board, OR DESIGNEE OF THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. The first payment of benefits shall be due on the fourteenth day of disability OR FAMILY LEAVE and benefits for that period shall be paid directly to the employee within four business days thereafter or within four business days after the filing of required proof of claim, whichever is the later. IF THE EMPLOYER OR CARRIER REJECTS AN INITIAL CLAIM FOR FAMILY LEAVE BENEFITS, THE EMPLOYER OR CARRIER MUST NOTIFY THE EMPLOYEE IN A MANNER PRESCRIBED BY THE CHAIR WITHIN EIGHTEEN DAYS OF FILING OF THE PROOF OF CLAIM. FAIL- URE TO TIMELY REJECT SHALL CONSTITUTE A WAIVER OF OBJECTION TO THE FAMI- LY LEAVE CLAIM. Thereafter benefits shall be due and payable bi-weekly in like manner. The [chairman] CHAIR OR CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, may determine that bene- fits may be paid monthly or semi-monthly if wages were so paid, and may authorize deviation from the foregoing requirements to facilitate prompt payment of benefits. Any inquiry which requires the employee's response in order to continue benefits uninterrupted or unmodified shall provide a reasonable time period in which to respond and include a clear and prominent statement of the deadline for responding and consequences of failing to respond. 2. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may, whenever such information is deemed necessary, require any carrier to file in form prescribed by the [chairman] CHAIR a report or reports as to any claim or claims, including (but without limitation) dates of commencement and termination of benefit payments and amount of benefits paid under this article. The [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may also require annually information in respect to the aggregate of benefits paid, the number of claims allowed and disal- lowed, the average benefits and duration of benefit periods, the amount of payrolls covered and such other information as the [chairman] CHAIR may deem necessary for the purposes of administering this article. If the carrier is providing benefits in respect to more than one employer, the [chairman] CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES may require that such information be shown separately as to those employers who are providing only benefits that are substantially the same as the benefits required in this article. THE CHAIR AND SUPERINTENDENT OF FINANCIAL SERVICES MAY PRESCRIBE THE FORMAT OF SUCH REPORT AND MAY PROMULGATE REGULATIONS TO EFFECTUATE THIS ARTICLE. S 10. Section 209 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 3 as amended by chapter 415 of the laws of 1983 and subdivision 4 as amended by chapter 134 of the laws of 1952, is amended to read as follows: S 209. Contribution of employees for disability AND FAMILY LEAVE bene- fits. 1. Every employee in the employment of a covered employer shall[, on and after January first, nineteen hundred fifty,] contribute to the cost of providing disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGH- TEEN, FAMILY LEAVE benefits under this article, to the extent and in the manner herein provided. 2. The special contribution of each such employee to the accumulation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. S. 6406--C 100 A. 9006--C 3. (A) DISABILITY BENEFITS. The contribution of each such employee to the cost of disability benefits provided by this article shall be one- half of one per centum of the employee's wages paid to him OR HER on and after July first, nineteen hundred fifty, but not in excess of sixty cents per week. (B) FAMILY LEAVE BENEFITS. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THEREAFTER ON SEPTEMBER FIRST, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL SET THE MAXIMUM EMPLOYEE CONTRIBUTION, USING SOUND ACTU- ARIAL PRINCIPLES AND THE REPORTS PROVIDED IN SECTION TWO HUNDRED EIGHT OF THIS ARTICLE. NO EMPLOYER SHALL BE REQUIRED TO FUND ANY PORTION OF THE FAMILY LEAVE BENEFIT. 4. Notwithstanding any other provision of law, the employer is author- ized to collect from his OR HER employees, except as otherwise provided in any plan or agreement under the provisions of subdivisions four or five of section two hundred eleven OF THIS ARTICLE, the contribution provided under subdivisions two and three OF THIS SECTION, through payroll deductions. If the employer shall not make deduction for any payroll period he OR SHE may thereafter, but not later than one month after payment of wages, collect such contribution through payroll deduction. 5. In collecting employee contributions through payroll deductions, the employer shall act as the agent of his OR HER employees and shall use the contributions only to provide disability AND FAMILY LEAVE bene- fits as required by this article. IN NO EVENT MAY THE EMPLOYEE'S ANNUAL CONTRIBUTION FOR FAMILY LEAVE EXCEED HIS OR HER PER CAPITA SHARE OF THE ACTUAL ANNUAL PREMIUM CHARGED FOR THE SAME YEAR AND MUST BE DETERMINED CONSISTENT WITH THE PRINCIPLE THAT EMPLOYEES SHOULD PAY THE TOTAL COSTS OF FAMILY LEAVE PREMIUM. IN NO EVENT MAY THE EMPLOYEE'S WEEKLY CONTRIB- UTION FOR DISABILITY PREMIUM EXCEED ONE-HALF OF ONE PER CENTUM OF THE EMPLOYEE'S WAGES PAID TO HIM OR HER, BUT NOT IN EXCESS OF SIXTY CENTS PER WEEK. After June thirtieth, nineteen hundred fifty, if the employer is not providing, or to the extent that he OR SHE is not then providing, for the payment of disability benefits to his OR HER employees by insur- ing with the state fund or with another insurance carrier, he OR SHE shall keep the contributions of his OR HER employees as trust funds separate and apart from all other funds of the employer. The payment of such contributions by the employer to a carrier providing for the payment of such benefits shall discharge the employer from responsibil- ity with respect to such contributions. S 11. Section 210 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 210. Employer contributions. 1. Every covered employer shall, on and after January first, nineteen hundred fifty, contribute the cost of providing disability benefits in excess of the contributions collected from his OR HER employees, to the extent and in the manner provided in this article. 2. The special contribution of each covered employer to the accumu- lation of funds to provide benefits for disabled unemployed shall be as provided in subdivision one of section two hundred fourteen OF THIS ARTICLE. 3. The contribution of every covered employer to the cost of providing disability benefits after June thirtieth, nineteen hundred fifty, shall be the excess of such cost over the amount of the contributions of his OR HER employees. 4. No profit shall be derived by any employer or association of employers or of employees from providing payment of disability AND FAMI- S. 6406--C 101 A. 9006--C LY LEAVE benefits under this article. All funds representing contrib- utions of employers and employees, and increments thereon, held by employers or associations of employers or of employees authorized or permitted to pay benefits under the provisions of this article, and by trustees paying benefits under plans or agreements meeting the require- ments of section two hundred eleven OF THIS ARTICLE, shall be trust funds and shall be expended only to provide for the payment of benefits to employees and for the costs of administering this article and for the support of the fund established under section two hundred fourteen OF THIS ARTICLE. S 12. The opening paragraph and subdivisions 3, 4 and 5 of section 211 of the workers' compensation law, the opening paragraph as added by chapter 600 of the laws of 1949, subdivision 3 as amended by chapter 207 of the laws of 1992, and subdivisions 4 and 5 as amended by chapter 197 of the laws of 1960, are amended, and two new subdivisions 7 and 8 are added to read as follows: A covered employer shall, with his OR HER own contributions and the contributions of his employees, provide disability AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, FAMILY LEAVE benefits to his OR HER employees in one or more of the following ways: 3. by furnishing satisfactory proof to the chair of the employers financial ability to pay such benefits, in which case the chair shall require the deposit of such securities as the chair may deem necessary [of the kind prescribed in subdivisions one, two, three, four and five and paragraph a of subdivision seven of section two hundred thirty-five of the banking law or the deposit of cash or the filing of irrevocable letters of credit issued by a qualified banking institution as defined by rules promulgated by the chair or the filing of the bond of a surety company authorized to do business in this state, conditioned on the payment by the employer of its obligations under this article and in form approved by the chair, or the posting and filing of a combination of such securities, cash, irrevocable letters of credit and surety bonds in an amount to be determined by the chair, to secure his or her liabil- ity to pay the compensation provided in this chapter. The amount of deposit or of the penal sum of the bond shall be determined by the chair and shall not be less than one-half the estimated contributions of the employees of the employer for the ensuing year or one-half of the contributions of the employees which would have been paid by the employ- ees during the preceding year, whichever is the greater, or if such amount is more than fifty thousand dollars an amount not less than fifty thousand dollars. The chair shall have authority to deny an application to provide benefits pursuant to this subdivision or to revoke approval at any time for good cause shown. In the case of an employer who main- tains a deposit of securities, irrevocable letters of credit or cash in accordance with subdivision three of section fifty of this chapter, the chair may reduce the amount of the deposit or of the penal sum of the bond, provided the securities, irrevocable letters of credit or cash deposited by or for such employer under subdivision three of section fifty of this chapter are, by agreement satisfactory to the chair, made available for the payment of unpaid benefits under this article with respect to obligations incurred for disabilities commencing prior to the effective date of such revocation] CONSISTENT WITH THE PROVISIONS OF SUBDIVISION THREE OF SECTION FIFTY OF THIS CHAPTER. An association of employers or employees authorized to pay benefits under this article or the trustee or trustees paying benefits under a plan or agreement authorized under subdivisions four and five of this section, may with S. 6406--C 102 A. 9006--C the approval of the chair furnish such proof and otherwise comply with the provisions of this section to provide disability AND FAMILY LEAVE benefits to employees under such plan or agreement. 4. by a plan in existence on the effective date of this article. If on the effective date of this article the employees of a covered employer or any class or classes of such employees are entitled to receive disa- bility AND FAMILY LEAVE benefits under a plan or agreement which remains in effect on July first, nineteen hundred fifty, the employer, subject to the requirements of this section, shall be relieved of responsibility for making provision for benefit payments required under this article until the earliest date, determined by the [chairman] CHAIR for the purposes of this article, upon which the employer shall have the right to discontinue the provisions thereof or to discontinue his contrib- utions towards the cost. Any such plan or agreement may be extended, with or without modification, by agreement or collective bargaining between an employer or employers or association of employers and an association of employees, in which event the period for which the employer is relieved of such responsibility shall include such period of extension. Any other plan or agreement in existence on the effective date of this article which the employer may, by his OR HER sole act, terminate at any time, or with respect to which he OR SHE is not obli- gated to continue for any period to make contributions, may be accepted by the [chairman] CHAIR as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement provides benefits at least as favorable as the disability AND FAMILY LEAVE benefits provided by this article and does not require contrib- utions of any employee or of any class or classes of employees in excess of the statutory amount provided in SUBDIVISION THREE OF section two hundred nine OF THIS ARTICLE, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the CHAIR [chairman]. The [chairman] CHAIR may require that the employer shall enter into an agreement in writing with the [chairman] CHAIR that he OR SHE will pay the assessments set forth in sections two hundred fourteen and two hundred twenty-eight and that until he OR SHE shall have filed written notice with the CHAIR [chair- man] of his OR HER election to terminate such plan or agreement or to discontinue making necessary contributions to its cost, he OR SHE will continue to provide for the payment of the disability AND FAMILY LEAVE benefits under such plan or agreement. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. Any such plan or agreement may be extended with or without modifica- tion, provided the benefits under such plan or agreement, as extended or modified, shall be found by the [chairman] CHAIR to be at least as favorable as the benefits provided by this article. 5. by a new plan or agreement. After the effective date of this arti- cle, a new plan or agreement with a carrier may be accepted by the CHAIR [chairman] as satisfying the obligation to provide for the payment of benefits under this article if such plan or agreement shall provide benefits at least as favorable as the disability AND FAMILY LEAVE bene- S. 6406--C 103 A. 9006--C fits provided by this article and does not require contributions of any employee or of any class or classes of employees in excess of the statu- tory amount provided in section two hundred nine, subdivision three, except by agreement and provided the contribution is reasonably related to the value of the benefits as determined by the [chairman] CHAIR. Any such plan or agreement shall continue until written notice filed with the [chairman] CHAIR of intention to terminate such plan or agreement, and any modification of such plan or agreement shall be subject to the written approval of the [chairman] CHAIR. During any period in which any plan or agreement or extension thereof authorized under this subdivision provides for payment of benefits under this article, the responsibility of the employer and the obligations and benefits of the employees shall be as provided in said plan or agreement rather than as provided under this article, other than the benefits provided in section two hundred seven, and provided the employer or carrier has agreed to pay the assessments described in sections two hundred fourteen and two hundred twenty-eight. 7. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED AND THIRTY-FIVE OF SUCH LAW. 8. AN EMPLOYER PROVIDING DISABILITY BENEFITS COVERAGE PURSUANT TO SUBDIVISION THREE OF THIS SECTION MAY OBTAIN COVERAGE FOR FAMILY LEAVE BENEFITS SEPARATELY PURSUANT TO SUBDIVISION ONE OR SUBDIVISION TWO OF THIS SECTION. S 13. Subdivisions 1, 2, 4 and 5 of section 212 of the workers' compensation law, subdivision 1 as amended by chapter 740 of the laws of 1960, subdivision 2 as amended by chapter 120 of the laws of 1969, subdivision 4 as amended by chapter 205 of the laws of 1993, and subdi- vision 5 as added by chapter 593 of the laws of 1992, are amended to read as follows: 1. Any employer not required by this article to provide for the payment of disability OR FAMILY LEAVE benefits to his employees, or to any class or classes thereof, may become a covered employer or bring within the provisions of this article such employees or class or classes thereof by voluntarily electing to provide for payment of such benefits in one or more of the ways set forth in section two hundred eleven OF THIS ARTICLE; but such election shall be subject to the approval of the [chairman] CHAIR, and if the employees are required to contribute to the cost of such benefits the assent within thirty days before such approval is granted, of more than one-half of such employees shall be evidenced to the satisfaction of the [chairman] CHAIR. On approval by the [chair- man] CHAIR of such election to provide benefits, all the provisions of this article shall become and continue applicable as if the employer were a covered employer as defined in this article. The obligation to continue as a covered employer with respect to employees for whom provision of benefits is not required under this article, may be discon- tinued by such employer on ninety days notice to the [chairman] CHAIR in writing and to his OR HER employees, after he OR SHE has provided for payment of benefits for not less than one year and with such provision for payment of obligations incurred on and prior to the termination date as the [chairman] CHAIR may approve. 2. Notwithstanding the definition of "employer" and "employment" in section two hundred one of this article, a public authority, a municipal corporation or a fire district or other political subdivision may become a covered employer FOR THE PURPOSE OF PROVIDING DISABILITY BENEFITS S. 6406--C 104 A. 9006--C under this article by complying with the provisions of subdivision one of this section and may discontinue such status only as provided in that subdivision. 4. (A) An executive officer of a corporation who at all times during the period involved owns all of the issued and outstanding stock of the corporation and holds all of the offices pursuant to paragraph (e) of section seven hundred fifteen of the business corporation law or two executive officers of a corporation who at all times during the period involved between them own all of the issued and outstanding stock of such corporation and hold all such offices provided, however, that each officer must own at least one share of stock and who is the executive officer or who are the executive officers of a corporation having other persons who are employees required to be covered under this article, shall be deemed to be included in the corporation's disability AND FAMI- LY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this arti- cle, unless the officer or officers elect to be excluded from the cover- age of this article. Such election shall be made by any such corporation filing with the insurance carrier, or the chair of the workers' compen- sation board in the case of self-insurance, upon a form prescribed by the [chairman] CHAIR, a notice that the corporation elects to exclude the executive officer or officers of such corporation named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such corporation by such insurance carrier as long as it shall continuously insure the corpo- ration. Such election shall be final and binding upon the executive officer or officers named in the notice until revoked by the corpo- ration. (B) NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" IN SECTION TWO HUNDRED ONE OF THIS ARTICLE, A SOLE PROPRIETOR, MEMBER OF A LIMITED LIABILITY COMPANY OR LIMITED LIABILITY PARTNERSHIP, OR OTHER SELF-EM- PLOYED PERSON MAY BECOME A COVERED EMPLOYER UNDER THIS ARTICLE BY COMPLYING WITH THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION. 5. A spouse who is an employee of a covered employer shall be deemed to be included in the employer's disability AND FAMILY LEAVE benefits insurance contract or covered by a certificate of self-insurance or a plan under section two hundred eleven of this article, unless the employer elects to exclude such spouse from the coverage of this arti- cle. Such election shall be made by any such employer filing with the insurance carrier, or the chair of the workers' compensation board in the case of self-insurance, upon a form prescribed by the chair, a notice that the employer elects to exclude such spouse named in the notice from the coverage of this article. Such election shall be effec- tive with respect to all policies issued to such employer by such insur- ance carrier as long as it shall continuously insure the employer. Such election shall be final and binding upon the spouse named in the notice until revoked by the employer. S 14. The workers' compensation law is amended by adding two new sections 212-a and 212-b to read as follows: S 212-A. NOTWITHSTANDING THE DEFINITION OF "EMPLOYER" AND "EMPLOYMENT" SET FORTH IN SECTION TWO HUNDRED ONE OF THIS ARTICLE AND THE REQUIREMENT FOR INSURANCE POLICIES TO OFFER BOTH DISABILITY AND FAMILY LEAVE COVER- AGE SET FORTH IN TWO HUNDRED TWENTY SIX OF THIS ARTICLE, THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY, MAY ELECT TO BECOME A COVERED EMPLOYER SOLELY FOR THE PURPOSE OF FAMILY LEAVE BENEFITS. COVERAGE FOR S. 6406--C 105 A. 9006--C FAMILY LEAVE BENEFITS MAY BE SECURED BY A PUBLIC EMPLOYER, AS THAT TERM IS DEFINED IN SUBDIVISION ONE OF SECTION TWO HUNDRED TWELVE-B OF THIS ARTICLE, AS PERMITTED BY THIS ARTICLE, INCLUDING AS APPLICABLE SECTION TWO HUNDRED ELEVEN, SUBDIVISION FOUR OF SECTION FIFTY, OR SECTION EIGHT- Y-EIGHT-C. THE PROVIDER OF FAMILY LEAVE COVERAGE FOR SUCH PUBLIC EMPLOY- EES SHALL BE EXEMPT FROM THE REQUIREMENT THAT INSURANCE POLICIES OFFER BOTH DISABILITY AND FAMILY LEAVE BENEFITS IN SECTION TWO HUNDRED TWEN- TY-SIX OF THIS ARTICLE. S 212-B. PUBLIC EMPLOYEES; PUBLIC EMPLOYEES REPRESENTED BY AN EMPLOYEE ORGANIZATION; EMPLOYEE OPT IN. 1. FOR PURPOSES OF THIS SECTION, "PUBLIC EMPLOYEE" MEANS ANY EMPLOYEE OF THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY. "PUBLIC EMPLOYER" MEANS THE STATE, ANY POLITICAL SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY OR ANY OTHER GOVERNMENTAL AGENCY OR INSTRUMENTALITY THEREOF. "EMPLOYEE ORGANIZATION" SHALL HAVE THE SAME MEANING SET FORTH IN SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW. 2. PUBLIC EMPLOYERS SHALL PROVIDE BENEFITS FOR FAMILY LEAVE TO PUBLIC EMPLOYEES IN ACCORDANCE WITH THE PROCEDURES AND TERMS SET FORTH IN SUBDIVISION THREE OF THIS SECTION. 3. (A) AN EMPLOYEE ORGANIZATION MAY, PURSUANT TO COLLECTIVE BARGAIN- ING, OPT IN TO PAID FAMILY LEAVE BENEFITS ON BEHALF OF THOSE PUBLIC EMPLOYEES IT IS EITHER CERTIFIED OR RECOGNIZED TO REPRESENT, WITHIN THE MEANING OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. NOTHING IN THIS SECTION SHALL PROHIBIT AN AGREEMENT TO OPT IN TO PAID FAMILY LEAVE BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. AN EMPLOYEE ORGANIZATION THAT HAS OPTED IN TO PAID FAMILY LEAVE BENEFITS MAY, PURSU- ANT TO COLLECTIVE BARGAINING, OPT OUT OF IT AS IS MUTUALLY AGREED UPON BETWEEN THE EMPLOYEE ORGANIZATION AND ANY PUBLIC EMPLOYER. B. FOR PUBLIC EMPLOYEES WHO ARE NOT REPRESENTED BY AN EMPLOYEE ORGAN- IZATION, THE PUBLIC EMPLOYER MAY OPT-IN TO PAID FAMILY LEAVE BENEFITS WITHIN NINETY DAYS NOTICE TO SUCH PUBLIC EMPLOYEES. FOLLOWING OPT-IN BY A PUBLIC EMPLOYER FOR PUBLIC EMPLOYEES NOT REPRESENTED BY AN EMPLOYEE ORGANIZATION, THE PUBLIC EMPLOYER MAY OPT-OUT OF PAID FAMILY LEAVE BENE- FITS WITH TWELVE MONTHS NOTICE TO THOSE PUBLIC EMPLOYEES. 4. IN THE ABSENCE OF ANY CONTRARY STATEMENT IN A COLLECTIVELY NEGOTI- ATED AGREEMENT UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, A PUBLIC EMPLOYER MAY REQUIRE PUBLIC EMPLOYEES WHO OPT IN UNDER THIS SECTION TO PROVIDE THE MAXIMUM EMPLOYEE CONTRIBUTION, AS DEFINED IN PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE. S 15. Subdivision 1 of section 213 of the workers' compensation law, as amended by chapter 784 of the laws of 1980, is amended and a new subdivision 3 is added to read as follows: 1. Whenever a covered employer does not comply with this article by providing for the payment of disability AND FAMILY LEAVE benefits to his OR HER employees in one or more of the ways provided in section two hundred eleven OF THIS ARTICLE or whenever a carrier fails to pay the benefits required by this article to employees of a covered employer, then such employer shall be fully and directly liable to each of his OR HER employees for the payment of benefits provided by this article. The amount of the benefits to which employees of such employers are entitled under this article and attendance fees of [their] ANY attending physi- cians or attending podiatrists OR HEALTH CARE PROVIDER fixed pursuant to subdivision two of section two hundred thirty-two OF THIS ARTICLE shall, on order of the [chairman] CHAIR, be paid out of the fund established under section two hundred fourteen OF THIS ARTICLE. In case of non-com- S. 6406--C 106 A. 9006--C pliance of the employer, such employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended or one [per cent] PERCENT of his OR HER payroll for his OR HER employees in employment during the period of non-compliance, whichever is greater; provided, however, that if it shall appear to the satisfaction of the [chairman] CHAIR that the default in payment of benefits or the non-com- pliance of the employer otherwise with his OR HER obligation under this article was inadvertent, the [chairman] CHAIR may fix the sum payable in such case for non-compliance or default at the amount paid out of the fund and a sum less than one [per cent] PERCENT of such payroll, and in addition the penalties for non-compliance imposed under this article. In case of failure of the carrier to pay benefits, the employer shall forthwith pay to the [chairman] CHAIR, for credit to the fund, the sum so expended. 3. THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER SHALL NOT APPLY TO VIOLATIONS OF THIS SECTION AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN AND BEFORE JANUARY FIRST, TWO THOUSAND TWENTY. THERE- AFTER, IN THE EVENT AN EMPLOYER IS SUBJECT TO DEBARMENT SOLELY DUE TO A PENALTY FOR VIOLATION OF THIS SECTION, THE CHAIR MAY, IN THE INTERESTS OF JUSTICE, RESTORE THE EMPLOYER'S ELIGIBILITY TO SUBMIT A BID ON OR BE AWARDED ANY PUBLIC WORK CONTRACT OR SUBCONTRACT. THE CHAIR MAY EXERCISE THIS AUTHORITY ONLY IF IT IS THE EMPLOYER'S FIRST TIME VIOLATION OF SECTION ONE HUNDRED FORTY-ONE-B OF THIS CHAPTER; THE EMPLOYER IS NOT LIABLE FOR ANY OUTSTANDING WORKERS' COMPENSATION, DISABILITY OR FAMILY LEAVE CLAIMS AS A RESULT OF THE LACK OF COVERAGE; AND THE EMPLOYER HAS PAID ALL FINES, ASSESSMENTS, AND PENALTIES ASSOCIATED WITH THE LACK OF COVERAGE. S 16. Section 217 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 167 of the laws of 1999, subdivisions 2 and 3 as amended by chapter 270 of the laws of 1990, and subdivision 6 as amended by chapter 344 of the laws of 1994, is amended to read as follows: S 217. Notice and proof of claim. 1. Written notice and proof of disability OR PROOF OF NEED FOR FAMILY LEAVE shall be furnished to the employer by or on behalf of the employee claiming benefits or, in the case of a claimant under section two hundred seven of this article, to the chair, within thirty days after commencement of the period of disa- bility. Additional proof shall be furnished thereafter from time to time as the employer or carrier or chair may require but not more often than once each week. Such proof shall include a statement of disability by the employee's attending physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife OR FAMILY LEAVE CARE RECIPIENT'S HEALTH CARE PROVIDER, or in the case of an employee who adheres to the faith or teachings of any church or denomination, and who in accordance with its creed, tenets or principles depends for healing upon prayer through spiritual means alone in the practice of religion, by an accredited practitioner, containing facts and opinions as to such disability in compliance with regulations of the chair. Failure to furnish notice or proof within the time and in the manner above provided shall not invali- date the claim but no benefits shall be required to be paid for any period more than two weeks prior to the date on which the required proof is furnished unless it shall be shown to the satisfaction of the chair not to have been reasonably possible to furnish such notice or proof and that such notice or proof was furnished as soon as possible; provided, however, that no benefits shall be paid unless the required proof of S. 6406--C 107 A. 9006--C disability is furnished within [twenty-six weeks after commencement of the period of disability] THE PERIOD OF ACTUAL DISABILITY OR FAMILY LEAVE THAT DOES NOT EXCEED THE STATUTORY MAXIMUM PERIOD PERMITTED UNDER SECTION TWO HUNDRED FOUR OF THIS ARTICLE. No limitation of time provided in this section shall run as against any [person] DISABLED EMPLOYEE who is mentally incompetent, or physically incapable of provid- ing such notice as a result of a serious medical condition, or a minor so long as such person has no guardian of the person and/or property. 2. An employee claiming DISABILITY benefits shall, as requested by the employer or carrier, submit himself or herself at intervals, but not more than once a week, for examination by a physician or podiatrist or chiropractor or dentist or psychologist or certified nurse midwife designated by the employer or carrier. All such examinations shall be without cost to the employee and shall be held at a reasonable time and place. 3. The chair OR CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, may direct the claimant OR FAMILY LEAVE CARE RECIPIENT to submit to examination by a [physician or podiatrist or chiropractor or dentist or psychologist] HEALTH CARE PROVIDER designated by him or her in any case in which the claim to disability OR FAMILY LEAVE benefits is contested and in claims arising under section two hundred seven OF THIS ARTICLE, and in other cases as the chair or board may require. 4. Refusal of the claimant OR FAMILY LEAVE CARE RECIPIENT without good cause to submit to any such examination shall disqualify [him] THE CLAIMANT OR EMPLOYEE from all benefits hereunder for the period of such refusal, except as to benefits already paid. 5. If benefits required to be paid by this article have been paid to an employee, further payments for the same disability OR FAMILY LEAVE shall not be barred solely because of failure to give notice or to file proof of disability for the period or periods for which such benefits have been paid. 6. In the event that a claim for DISABILITY benefits is rejected, the carrier or employer shall send by first class mail written notice of rejection to the [claimant] EMPLOYEE within forty-five days of receipt of proof of disability. Failure to mail such written notice of rejection within the time provided, shall bar the employer or carrier from contesting entitlement to benefits for any period of disability prior to such notice but such failure may be excused by the [chairman] CHAIR if it can be shown to the satisfaction of the [chairman] CHAIR not to have been reasonably possible to mail such notice and that such notice was mailed as soon as possible. Such notice shall include a statement, in a form prescribed by the [chairman] CHAIR, to the effect that the [claim- ant] EMPLOYEE may, for the purpose of review [by the board], file [with the chairman] notice that his or her claim has not been paid AS SET FORTH IN SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE. S 17. Section 219 of the workers' compensation law, as amended by chapter 688 of the laws of 1953, is amended to read as follows: S 219. Enforcement of payment in default. In case of a default in the payment of any benefits, assessments or penalties payable under this article by an employer who has failed to comply with the provisions of section two hundred eleven of this [chapter] ARTICLE or refusal of such employer to reimburse the fund under section two hundred fourteen OF THIS ARTICLE for the expenditures made therefrom pursuant to section two hundred thirteen OF THIS ARTICLE or to deposit within ten days after demand the estimated value of benefits not presently payable, the S. 6406--C 108 A. 9006--C [chairman] CHAIR may file with the county clerk for the county in which the employer has his principal place of business (1) a certified copy of the decision of the board, OR ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION DESIGNATED BY THE CHAIR PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, or order of the [chairman] CHAIR, or (2) a certified copy of the demand for deposit of security, and thereupon judgment must be entered in the supreme court by the clerk of such county in conformity therewith immediately upon such filing. S 18. Section 220 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, subdivision 1 as amended by chapter 387 of the laws of 1984, subdivision 2 as amended by chapter 626 of the laws of 1979, subdivision 3 as amended by chapter 415 of the laws of 1983, subdivision 4 as amended by chapter 645 of the laws of 1981, subdivision 5 as amended by chapter 940 of the laws of 1973, subdivision 7 as amended by chapter 61 of the laws of 1989 and subdivision 8 as amended by chapter 213 of the laws of 1993, is amended to read as follows: S 220. Penalties. 1. Any employer who fails to make provision for payment of disability OR FAMILY LEAVE benefits as required by section two hundred eleven of this article within ten days following the date on which such employer becomes a covered employer as defined in section two hundred two OF THIS ARTICLE shall be guilty of a misdemeanor and upon conviction be punishable by a fine of not less than one hundred nor more than five hundred dollars or imprisonment for not more than one year or both, except that where any person has previously been convicted of a failure to make provisions for payment of disability OR FAMILY LEAVE benefits within the preceding five years, upon conviction for a second violation such person shall be fined not less than two hundred fifty nor more than one thousand two hundred fifty dollars in addition to any other penalties including fines otherwise provided by law, and upon conviction for a third or subsequent violation such person may be fined up to two thousand five hundred dollars in addition to any other penal- ties including fines otherwise provided by law. Where the employer is a corporation, the president, secretary, treasurer, or officers exercising corresponding functions, shall each be liable under this section. 2. The [chairman] CHAIR or any officer of the board designated by him OR HER, upon finding that an employer has failed to make provision for the payment of disability OR FAMILY LEAVE benefits, shall impose upon such employer a penalty not in excess of a sum equal to one-half of one per centum of his OR HER weekly payroll for the period of such failure and a further sum not in excess of five hundred dollars, which sums shall be paid into the fund created under section two hundred fourteen OF THIS ARTICLE. 3. If for the purpose of obtaining any benefit or payment under the provisions of this article, or for the purpose of influencing any deter- mination regarding any benefit payment, either for himself OR HERSELF or any other person, any person, employee, employer or carrier wilfully makes a false statement or representation or fails to disclose a materi- al fact, he OR SHE shall be guilty of a misdemeanor. 4. Whenever a carrier shall fail to make prompt payment of disability OR FAMILY LEAVE benefits payable under this article and after hearing before an officer designated by the [chairman] CHAIR OR A DETERMINATION BY THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, for that purpose, the [chairman] CHAIR OR DESIGNEE shall determine that failure to make such prompt payment was without just cause, the [chairman] CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, shall collect from the carrier a sum not in S. 6406--C 109 A. 9006--C excess of twenty-five per centum of the amount of the benefits as to which the carrier failed to make payment, which sum shall be credited to the special fund for disability benefits. In addition, the [chairman] CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, may collect and pay over to the employee the sum of ten dollars in respect to each week, or fraction thereof, for which benefits have not been promptly paid. 5. In addition to other penalties herein provided, the [chairman] CHAIR OR DESIGNEE shall remove from the list of physicians authorized to render medical care under the provisions of articles one to eight, inclusive, of this chapter and from the list of podiatrists authorized to render podiatric care under section thirteen-k of this chapter, and from the list of chiropractors authorized to render chiropractic care under section thirteen-l of this chapter the name of any physician or podiatrist or chiropractor whom [he] THE CHAIR OR DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, shall find, after reasonable investigation, has submitted to the employer or carrier or [chairman] CHAIR in connection with any claim for disability benefits under this article, a statement of disability that is not truthful and complete. 6. In addition to other penalties herein provided, any person who for the purpose of obtaining any benefit or payment under this article or for the purpose of influencing any determination regarding any benefit payment, knowingly makes a false statement with regard to a material fact, shall not be entitled to receive benefits with respect to the disability claimed or any disability benefits during the period of twelve calendar months thereafter; but this penalty shall not be applied more than once with respect to each such offense. 7. All fines imposed under subdivisions one and three OF THIS SECTION, except as herein otherwise provided, shall be paid directly and imme- diately by the officer collecting the same to the chair, and be paid into the state treasury, provided, however, that all such fines collected by justices of the peace of towns and police justices of villages shall be paid to the state comptroller in accordance with the provisions of section twenty-seven of the town law [and section one hundred eighty-five of the village law, respectively]. 8. (a) The head of a state or municipal department, board, commission or office authorized or required by law to issue any permit for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that the payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY-ONE, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, board, commission or office to pay any disabil- ity benefits to any such employee if so employed. (b) The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contract for or in connection with any work involving the employment of employees in employment as defined in this article, and notwithstanding any general or special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duly subscribed by an insur- ance carrier is produced in a form satisfactory to the chair, that the S. 6406--C 110 A. 9006--C payment of disability benefits AND AFTER JANUARY FIRST, TWO THOUSAND EIGHTEEN, THE PAYMENT OF FAMILY LEAVE BENEFITS for all employees has been secured as provided by this article. S 19. Section 221 of the workers' compensation law, as separately amended by chapters 425 and 500 of the laws of 1985, is amended to read as follows: S 221. Determination of contested claims for disability AND FAMILY LEAVE benefits. [Within twenty-six weeks] IN ACCORDANCE WITH REGU- LATIONS ADOPTED BY THE CHAIR, WITHIN TWENTY-SIX WEEKS of written notice of rejection of claim, the employee may file with the [chairman] CHAIR a notice that his or her claim for disability OR FAMILY LEAVE benefits has not been paid, and the employee shall submit proof of disability OR ENTITLEMENT TO FAMILY LEAVE and of his or her employment, wages and other facts reasonably necessary for determination of the employee's right to such benefits. Failure to file such notice within the time provided, may be excused [by the chairman] if it can be shown [to the satisfaction of the chairman] not to have been reasonably possible to furnish such notice and that such notice was furnished as soon as possi- ble. On demand [of the chairman] the employer or carrier shall forth- with deliver to the [chairman] BOARD the original or a true copy of the [attending physician's or attending podiatrist's or accredited practi- tioner's statement] HEALTH CARE PROVIDER'S REPORT, wage and employment data and all other [papers] DOCUMENTATION in the possession of the employer or carrier with respect to such claim. The [board] CHAIR OR DESIGNEE, shall have full power and authority to determine all issues in relation to every such claim for disability benefits required or provided under this article, and shall file its decision in the office of the chairman. Upon such filing, the chairman shall send to the parties a copy of the decision. Either party may pres- ent evidence and be represented by counsel at any hearing on such claim. The decision of the board shall be final as to all questions of fact and, except as provided in section twenty-three of this chapter, as to all questions of law. Every decision [of the board] shall be complied with in accordance with its terms within ten days thereafter except [in case of appeal] AS PERMITTED BY LAW UPON THE FILING OF A REQUEST FOR REVIEW, and any payments due under such decision shall draw simple interest from thirty days after the making thereof at the rate provided in section five thousand four of the civil practice law and rules. THE CHAIR SHALL ADOPT RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF THIS ARTICLE INCLUDING BUT NOT LIMITED TO RESOLUTION OF CONTESTED CLAIMS AND REQUESTS FOR REVIEW THEREOF, AND PAYMENT OF COSTS FOR RESOLUTION OF DISPUTED CLAIMS BY CARRIERS. ANY DESIGNATED PROCESS SHALL AFFORD THE PARTIES THE OPPORTUNITY TO PRESENT EVIDENCE AND TO BE REPRESENTED BY COUNSEL IN ANY SUCH PROCEEDING. THE CHAIR SHALL HAVE THE AUTHORITY TO PROVIDE FOR ALTERNATIVE DISPUTE RESOLUTION PROCEDURES FOR CLAIMS ARISING UNDER FAMILY LEAVE, INCLUDING BUT NOT LIMITED TO REFERRAL AND SUBMISSION OF DISPUTED CLAIMS TO A NEUTRAL ARBITRATOR UNDER THE AUSPICES OF AN ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION PURSUANT TO ARTICLE SEVENTY- FIVE OF THE CIVIL PRACTICE LAW AND RULES. NEUTRAL ARBITRATOR SHALL MEAN AN ARBITRATOR WHO DOES NOT HAVE A MATERIAL INTEREST IN THE OUTCOME OF THE ARBITRATION PROCEEDING OR AN EXISTING AND SUBSTANTIAL RELATIONSHIP, INCLUDING BUT NOT LIMITED TO PECUNIARY INTERESTS, WITH A PARTY, COUNSEL OR REPRESENTATIVE OF A PARTY. ANY DETERMINATION MADE BY ALTERNATIVE DISPUTE RESOLUTION SHALL NOT BE REVIEWABLE BY THE BOARD AND THE VENUE FOR ANY APPEAL SHALL BE TO A COURT OF COMPETENT JURISDICTION. S. 6406--C 111 A. 9006--C S 20. Section 222 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 222. Technical rules of evidence or procedure not required. The [chairman or] CHAIR, the board OR THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, in making an investi- gation or inquiry or conducting a hearing shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure, except as provided by this chapter; but may make such inves- tigation or inquiry or conduct such hearing in such manner as to ascer- tain the substantial rights of the parties. S 21. Sections 223 and 224 of the workers' compensation law, section 223 as added by chapter 600 of the laws of 1949, section 224 as amended by chapter 334 of the laws of 1978, are amended to read as follows: S 223. Modification of board decisions or orders. Upon its own motion or upon the application of any party in interest, the board may at any time review any decision or order REGARDING DISABILITY BENEFITS and, on such review, may make a decision ending, diminishing or increasing the DISABILITY benefits previously ordered, and shall state the reason therefor. Upon the filing of such decision REGARDING DISABILITY BENEFITS, the [chairman] CHAIR shall send to each of the parties a copy thereof. No such review shall affect any previous decision as regards any moneys REGARDING DISABILITY BENEFITS already paid, except that a decision increasing the DISABILITY benefit rate may be made effective from date of commencement of disability, and except that, if any part of the DISABILITY benefits due is unpaid, a decision decreasing the DISA- BILITY benefit rate may be made effective from the commencement of disa- bility, and any payments made prior thereto in excess of such decreased rate shall be deducted from future DISABILITY benefits in such manner and by such method as may be determined by the board. S 224. Appeals. All the provisions of section twenty-three of this chapter with respect to decisions of the board and appeals from such decisions shall be applicable to decisions of the board [under this article] REGARDING DISABILITY BENEFITS and to appeals from such deci- sions REGARDING DISABILITY BENEFITS as fully in all respects as if the provisions of section twenty-three OF THIS CHAPTER were fully set forth in this article except that reimbursement FOR DISABILITY BENEFITS, if required, following modification or rescission upon appeal shall be paid from administrative expenses as provided in section two hundred twenty- eight of this article. S 22. Section 225 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 225. Fees for representing employees. Claims of attorneys and coun- sellors-at-law for services in connection with any contested claim aris- ing under this article shall not be enforceable unless approved by the board. If so approved, such fee or fees shall become a lien upon the benefits ordered, but shall be paid therefrom only in the manner fixed by the board OR THE ALTERNATIVE DISPUTE RESOLUTION ASSOCIATION. Any other person, firm, corporation, organization, or other association who shall exact or receive any fee or gratuity for any services rendered on behalf of an employee except in an amount SO determined [by the board] shall be guilty of a misdemeanor. Any person, firm, corporation, organ- ization, or association who shall solicit the business [of appearing before the board on behalf] of an employee claiming benefits under this article, or who shall make it a business to solicit employment for a lawyer in connection with any claim for disability OR FAMILY LEAVE bene- fits under this article, or who shall exact or receive any fee or gratu- S. 6406--C 112 A. 9006--C ity or other charge with respect to the collection of any uncontested claim for disability OR FAMILY LEAVE benefits, shall be guilty of a misdemeanor. S 23. Subdivision 5 of section 226 of the workers' compensation law, as amended by chapter 211 of the laws of 1983, is amended and three new subdivisions 7, 8 and 9 are added to read as follows: 5. No contract of insurance issued by an insurance carrier providing the benefits to be paid under this article shall be cancelled within the time limited in such contract for its expiration unless notice is given as required by this section. When cancellation is due to non-payment of premiums such cancellation shall not be effective until at least ten days after a notice of cancellation of such contract, on a date speci- fied in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer. When cancellation is due to any reason other than non-payment of premiums such cancellation shall not be effective until at least thirty days after a notice of cancellation of such contract, on a date specified in such notice, shall be filed in the office of the [chairman] CHAIR and also served on the employer; provided, however, in either case that if insurance with another insur- ance carrier has been obtained which becomes effective prior to the expiration of the time stated in such notice, the cancellation shall be effective as of the date of such other coverage. Such notice shall be served on the employer [by] AS PRESCRIBED BY THE CHAIR, INCLUDING deliv- ering it to him [or by sending it by certified or registered mail, return receipt requested, addressed to the employer at his or its last known place of business] OR HER BY ELECTRONIC MEANS; provided that, if the employer be a partnership, then such notice may be given to any one of the partners, and if the employer be a corporation then the notice may be given to any agent or officer of the corporation upon whom legal process may be served, provided, however, the right to cancellation of a policy of insurance in the state fund shall be exercised only for nonpayment of premiums or as provided in section ninety-four of this chapter. 7. THE CHAIR MAY REQUIRE BY REGULATION THAT EVERY POLICY OF FAMILY LEAVE INSURANCE CONTAIN A PROVISION REQUIRING THAT ALL DISPUTES BE RESOLVED BY DESIGNATED ALTERNATIVE DISPUTE RESOLUTION PROCESS IN ACCORD- ANCE WITH SUCH REGULATIONS. 8. PREMIUMS FOR POLICIES PROVIDING DISABILITY OR FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. 9. EXCEPT AS SET FORTH IN SUBDIVISION EIGHT OF SECTION TWO HUNDRED ELEVEN OF THIS ARTICLE, EVERY POLICY OF INSURANCE ISSUED PURSUANT TO THIS ARTICLE MUST OFFER COVERAGE FOR BOTH DISABILITY AND FAMILY LEAVE BENEFITS. S 24. The section heading of section 227 of the workers' compensation law, as amended by chapter 805 of the laws of 1984, is amended to read as follows: Actionable injuries IN CLAIMS FOR DISABILITY BENEFITS; subrogation. S 25. Intentionally omitted. S 26. Section 229 of the workers' compensation law, as amended by chapter 271 of the laws of 1985, is amended to read as follows: S 229. Posting of notice and providing of notice of rights. 1. Each covered employer shall post and maintain in a conspicuous place or plac- es in and about the employer's place or places of business typewritten or printed notices in form prescribed by the [chairman] CHAIR, stating S. 6406--C 113 A. 9006--C that the employer has provided for the payment of disability AND FAMILY LEAVE benefits as required by this article. The [chairman] CHAIR may require any covered employer to furnish a written statement at any time showing the carrier insuring the payment of benefits under this article or the manner in which such employer has complied with section two hundred eleven OF THIS ARTICLE or any other provision of this article. Failure for a period of ten days to furnish such written statement shall constitute presumptive evidence that such employer has neglected or failed in respect of any of the matters so required. 2. Whenever an employee of a covered employer who is eligible for benefits under section two hundred four of this article shall be absent from work due to a disability OR TO PROVIDE FAMILY LEAVE as defined in subdivision nine AND SUBDIVISION FIFTEEN RESPECTIVELY, of section two hundred one of this article for more than seven consecutive days, the employer shall provide the employee with a written statement of the employee's rights under this article in a form prescribed by the [chair- man] CHAIR. The statement shall be provided to the employee within five business days after the employee's seventh consecutive day of absence due to disability OR FAMILY LEAVE or within five business days after the employer [knows or should know] HAS RECEIVED NOTICE that the employee's absence is due to disability OR FAMILY LEAVE, whichever is later. S 27. Section 232 of the workers' compensation law, as amended by chapter 270 of the laws of 1990, is amended to read as follows: S 232. Fees FOR TESTIMONY of physicians, podiatrists, chiropractors, dentists [and], psychologists AND HEALTH CARE PROVIDERS. Whenever his or her attendance at a hearing, DEPOSITION OR ARBITRATION before the board or [its referees] THE CHAIR'S DESIGNEE, PURSUANT TO SECTION TWO HUNDRED TWENTY-ONE OF THIS ARTICLE, is required, the attending physician or attending podiatrist or attending chiropractor or attending dentist or attending psychologist or attending certified nurse midwife of the disabled employee, except such physicians as are disqualified from testifying pursuant to subdivision one of section thirteen-b, or section nineteen-a of this chapter, and except such podiatrists as are disquali- fied from testifying under the provisions of section thirteen-k, and except such chiropractors as are disqualified from testifying under the provisions of section thirteen-l, and except such psychologists as are disqualified from testifying under the provisions of section thirteen-m, OR HEALTH CARE PROVIDER shall be entitled to receive a fee [from the carrier or the fund established under section two hundred fourteen, in an amount as directed and fixed by the board, or its referees, and such fee shall be in addition to any witness fee] IN ACCORDANCE WITH REGU- LATIONS OF THE CHAIR. S 28. Section 237 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 237. Reimbursement for advance payments by employers. If an employer has made advance payments of benefits or has made payments to an employ- ee in like manner as wages during any period of disability OR FAMILY LEAVE for which such employee is entitled to the benefits provided by this article, he OR SHE shall be entitled to be reimbursed by the carri- er out of any benefits due or to become due for the existing disability OR FAMILY LEAVE, if THE claim for reimbursement is filed with the carri- er prior to payment of the benefits BY THE CARRIER. S 29. Intentionally omitted. S 30. Section 239 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S. 6406--C 114 A. 9006--C S 239. Representation before the board. Any person, firm, or corpo- ration licensed by the board under section twenty-four-a OF THIS ARTICLE or subdivision three-b of section fifty OF THIS CHAPTER shall be deemed to be authorized to appear in behalf of claimants or self insured employers, as the case may be, in contested disability OR FAMILY LEAVE claims under this article. S 31. The section heading and the opening paragraph of section 120 of the workers' compensation law, as amended by chapter 61 of the laws of 1989, are amended to read as follows: Discrimination against employees [who bring proceedings]. It shall be unlawful for any employer or his or her duly authorized agent to discharge OR FAIL TO REINSTATE PURSUANT TO SECTION TWO HUNDRED THREE-B OF THIS CHAPTER, or in any other manner discriminate against an employee as to his or her employment because such employee has claimed or attempted to claim compensation from such employer, OR CLAIMED OR ATTEMPTED TO CLAIM ANY BENEFITS PROVIDED UNDER THIS CHAPTER or because he or she has testified or is about to testify in a proceeding under this chapter and no other valid reason is shown to exist for such action by the employer. S 32. Subdivision 2 of section 76 of the workers' compensation law, as added by chapter 600 of the laws of 1949, is amended to read as follows: 2. The purposes of the state insurance fund herein created are hereby enlarged to provide [for the] insurance [by the state insurance fund of] FOR the payment of the benefits required by section two hundred four of this chapter INCLUDING BENEFITS FOR FAMILY LEAVE. A separate fund is hereby created within the state insurance fund, which shall be known as the "disability benefits fund", and which shall consist of all premiums received and paid into said fund on account of such insurance, all secu- rities acquired by and through the use of moneys belonging to said fund and of interest earned upon moneys belonging to said fund and deposited or invested as herein provided. Said disability benefits fund shall be applicable to the payment of benefits, expenses and assessments on account of insurance written pursuant to article nine of this chapter. PREMIUMS FOR POLICIES PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS IN ACCORDANCE WITH THIS ARTICLE SHALL BE CALCULATED IN ACCORDANCE WITH APPLICABLE PROVISIONS OF THE INSURANCE LAW, INCLUDING SUBSECTION (N) OF SECTION FOUR THOUSAND TWO HUNDRED THIRTY-FIVE OF SUCH LAW. THE STATE INSURANCE FUND SHALL HAVE AUTHORITY TO DISCOUNT OR SURCHARGE ON ESTAB- LISHED PREMIUM RATES BASED ON SOUND ACTUARIAL PRINCIPLES. S 33. Section 88-c of the workers' compensation law, as added by chap- ter 103 of the laws of 1981, is amended to read as follows: S 88-c. Coverage of state employees. Notwithstanding any other provisions of law to the contrary AND EXCEPT AS SET FORTH IN SECTION TWO HUNDRED AND TWELVE-A OF THIS CHAPTER, the liability of the state for the payment of compensation under this chapter heretofore existing or here- inafter arising shall be secured by an insuring agreement to be entered into between the department of civil service and the state insurance fund wherein the state, from moneys appropriated therefor, shall pay in advance to the fund on a periodic basis the actual costs to the fund for the meeting and paying, as the same become due and payable, all obli- gations incurred under this chapter by the state as an employer. Notwithstanding any law to the contrary, the fund may on an actuarially sound basis provide to the state insurance for any portion of the obli- gations of the state as employer under this chapter with respect to injuries or deaths resulting from accidents arising out of and in the course of employment on or after April first, nineteen hundred eighty- S. 6406--C 115 A. 9006--C one. All such payments made by the state and paid into the state fund shall constitute a separate account in the fund to be used solely for the purpose of discharging all compensation obligations of the state pursuant to the provisions of this chapter and in accordance with the insuring agreement as provided in this section. Any portion of the account may be invested in the same manner as the assets of the fund as provided in section eighty-seven of this article. The liability of the fund for the payment of any claims or the meeting of any obligations of the state as an employer as provided in this chapter shall not exceed the moneys paid into such separate account and any increments or diminu- tions thereof. The agreement shall further provide that the fund shall render all services and make all reasonable expenditures necessary or required for the processing, defense and payment of all claims under this chapter, including the protection of liens, subrogation, credit and other rights of the state as an employer or the fund as an insurer, in situations where the employees' injuries or deaths were caused by culpa- bility of third parties. Except to the extent that the state obtains insurance on an actuarially sound basis pursuant to the provisions of this section, the provisions of section eighty-six of this chapter with respect to the maintenance of reserves for the purpose of meeting antic- ipated compensation losses, shall not in any manner be applicable to claims of employees of the state with respect to injuries or deaths resulting from accidents arising out of and in the course of employment prior to April first, nineteen hundred eighty-one, or to an insuring agreement entered into between the state insurance fund and the depart- ment of civil service in accordance with the provisions of this section. S 34. Subdivision 1 of section 141-a of the workers' compensation law, as added by chapter 6 of the laws of 2007, is amended to read as follows: 1. To investigate violations of sections fifty-two [and], one hundred thirty-one AND TWO HUNDRED THIRTEEN of this chapter, the chair or his or her designees shall have the power to: (a) Enter and inspect any place of business at any reasonable time for the purpose of investigating employer compliance. (b) Examine and copy business records. (c) Administer oaths and affirmations. (d) Issue and serve subpoenas for attendance of witnesses or production of business records, books, papers, correspondence, memoran- da, and other records. Such subpoenas may be served without the state on any defendant over whom a New York court would have personal jurisdic- tion under the civil practice law and rules as to the subject matter under investigation, provided the information or testimony sought bears a reasonable relationship to the subject matter under investigation. S 35. Section 318 of the workers' compensation law, as added by chap- ter 788 of the laws of 1951, is amended to read as follows: S 318. Rules of evidence; modification of board decisions or orders; appeals. The provisions of [sections] SECTION two hundred twenty-two [, two hundred twenty-three and two hundred twenty-four] OF THIS CHAPTER are made applicable to claims for compensation under this article. S 36. Paragraph 3 of subsection (a) of section 1113 of the insurance law is amended to read as follows: (3) "Accident and health insurance," means (i) insurance against death or personal injury by accident or by any specified kind or kinds of accident and insurance against sickness, ailment or bodily injury, including insurance providing disability AND FAMILY LEAVE benefits pursuant to article nine of the workers' compensation law, except as S. 6406--C 116 A. 9006--C specified in item (ii) hereof; and (ii) non-cancellable disability insurance, meaning insurance against disability resulting from sickness, ailment or bodily injury (but excluding insurance solely against acci- dental injury) under any contract which does not give the insurer the option to cancel or otherwise terminate the contract at or after one year from its effective date or renewal date. S 37. Paragraphs 1 and 4 of subsection (h) of section 4235 of the insurance law are amended and a new subsection (n) is added to read as follows: (1) Each domestic insurer and each foreign or alien insurer doing business in this state shall file with the superintendent its schedules of premium rates, rules and classification of risks for use in connection with the issuance of its policies of group accident, group health or group accident and health insurance, and of its rates of commissions, compensation or other fees or allowances to agents and brokers pertaining to the solicitation or sale of such insurance and of such fees or allowances, exclusive of amounts payable to persons who are in the regular employ of the insurer, other than as agent or broker to any individuals, firms or corporations pertaining to such class of busi- ness, whether transacted within or without the state. A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENE- FITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW SHALL BE SUBJECT TO THE REQUIREMENTS OF SUBSECTION (N) OF THIS SECTION. (4) Nothing herein shall prohibit the state insurance fund from taking into account peculiar hazards of individual risks in establishing higher premium rates to be charged for insurance providing for the payment of disability [or] AND FAMILY LEAVE benefits in accordance with article nine of the workers' compensation law. (N)(1) ON OR BEFORE JUNE FIRST, TWO THOUSAND SEVENTEEN, THE SUPER- INTENDENT OF FINANCIAL SERVICES BY REGULATION, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, SHALL DETERMINE WHETHER THE FAMILY LEAVE BENEFIT COVERAGE OF A GROUP ACCIDENT AND HEALTH INSURANCE POLICY PROVIDING DISABILITY AND FAMILY LEAVE BENEFITS PURSUANT TO ARTICLE NINE OF THE WORKERS' COMPENSATION LAW, INCLUDING POLICIES ISSUED BY THE STATE INSURANCE FUND, SHALL BE EXPERIENCE RATED OR COMMU- NITY RATED, WHICH MAY INCLUDE SUBJECTING THE FAMILY LEAVE BENEFIT COVER- AGE OF THE POLICY TO A RISK ADJUSTMENT MECHANISM. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE SUPERINTENDENT SHALL ESTABLISH THE RATES FOR ANY COMMUNITY RATED FAMILY LEAVE BENEFIT COVERAGE AND SHALL APPLY COMMONLY ACCEPTED ACTUARIAL PRINCIPLES TO ESTABLISH COMMUNITY RATED FAMILY LEAVE BENEFIT COVERAGE RATES THAT ARE NOT EXCESSIVE, INADEQUATE OR UNFAIRLY DISCRIMINATORY. ON JUNE FIRST, TWO THOUSAND SEVENTEEN AND ON SEPTEMBER FIRST OF EACH YEAR THEREAFTER THE SUPERINTENDENT SHALL PUBLISH ALL COMMUNITY RATED FAMILY LEAVE BENEFIT RATES FOR THE POLICY PERIOD BEGINNING ON THE FOLLOWING JANUARY FIRST. (2) IF THE POLICY IS SUBJECTED TO A RISK ADJUSTMENT MECHANISM, THE SUPERINTENDENT OF FINANCIAL SERVICES SHALL PROMULGATE REGULATIONS NECES- SARY FOR THE IMPLEMENTATION OF THIS SUBSECTION IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE. ANY SUCH RISK ADJUSTMENT MECHANISM SHALL BE ADMINISTERED DIRECTLY BY THE SUPERINTEN- DENT OF FINANCIAL SERVICES OF THIS STATE, IN CONSULTATION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD OF THIS STATE, OR BY A THIRD PARTY VENDOR SELECTED BY THE SUPERINTENDENT OF FINANCIAL SERVICES IN CONSULTA- TION WITH THE CHAIR OF THE WORKERS' COMPENSATION BOARD. (3) "RISK ADJUSTMENT MECHANISM" AS USED IN THIS SUBSECTION MEANS THE PROCESS USED TO EQUALIZE THE PER MEMBER PER MONTH CLAIM AMOUNTS AMONG S. 6406--C 117 A. 9006--C INSURERS IN ORDER TO PROTECT INSURERS FROM DISPROPORTIONATE ADVERSE RISKS. S 38. Subdivision (c) of section 1108 of the insurance law, as amended by chapter 838 of the laws of 1985, is amended to read as follows: (c) The state insurance fund of this state, except as to the provisions of subsection (d) of section two thousand three hundred thir- ty-nine, section three thousand one hundred ten, subsection (a), para- graph one of subsection (b), paragraph three of subsection (c) and subsection (d) of section three thousand two hundred one, sections three thousand two hundred two, three thousand two hundred four, subsections (a) through (d) of section three thousand two hundred twenty-one, subsections (b) and (c) of section four thousand two hundred twenty- four, section four thousand two hundred twenty-six and subsections (a) and (b) [and], (g) through (j), AND (N) of section four thousand two hundred thirty-five of this chapter and except as otherwise specifically provided by the laws of this state. S 39. Section 242 of the workers' compensation law, as added by chap- ter 600 of the laws of 1949, is amended to read as follows: S 242. Separability of provisions; FEDERAL LAW; REGULATIONS. 1. If any provision of this [act] ARTICLE or the application thereof to any person or circumstances is held invalid, the remainder of this [act] ARTICLE and the application of such provision to other persons or circumstances shall not be affected thereby. 2. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED OR APPLIED SO AS TO CREATE A CONFLICT WITH FEDERAL LAW. 3. THE CHAIR SHALL HAVE AUTHORITY TO ADOPT REGULATIONS TO EFFECTUATE ANY OF THE PROVISIONS OF THIS ARTICLE. S 40. This act shall take effect April 1, 2016 and shall apply to all policies or contracts issued, renewed, modified, altered or amended on or after such effective date; provided, however, that effective imme- diately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date. PART TT Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public authorities law are REPEALED and subdivision 14 of such section is renumbered subdivision 10. S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities law, subdivision 6 as amended by chapter 506 of the laws of 2009, and subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are amended to read as follows: 6. To appoint officers, agents and employees and fix their compen- sation, provided, however, that the appointment of the executive direc- tor shall be subject to confirmation by the senate in accordance with section twenty-eight hundred fifty-two of this chapter; subject however to the provisions of the civil service law, which shall apply to the authority [and to the subsidiary corporation thereof] as a municipal corporation other than a city; 8. Subject to agreements with noteholders or bondholders, to fix and collect such fees, rentals and charges for the use of the thruway [system] or any part thereof necessary or convenient, with an adequate margin of safety, to produce sufficient revenue to meet the expense of maintenance and operation and to fulfill the terms of any agreements S. 6406--C 118 A. 9006--C made with the holders of its notes or bonds, and to establish the rights and privileges granted upon payment thereof[; provided, however, that tolls may only be imposed for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power; and provided further that no tolls shall be imposed or collected prior to the first day of April, nineteen hundred ninety-three]. 10. To construct, reconstruct or improve on or along the thruway [system] in the manner herein provided, suitable facilities for gas stations, restaurants, and other facilities for the public, or to lease the right to construct, reconstruct or improve and operate such facili- ties; such facilities shall be publicly offered for leasing for opera- tion, or the right to construct, reconstruct or improve and operate such facilities shall be publicly offered under rules and regulations to be established by the authority, provided, however, that lessees operating such facilities at the time this act becomes effective, may reconstruct or improve them or may construct additional like facilities, in the manner and upon such terms and conditions as the board shall determine[; and provided further, however, that such facilities constructed, recon- structed or improved on or along the canal system shall be consistent with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of the canal law and section three hundred eight- y-two of this title]; S 3. Section 355 of the public authorities law, as amended by chapter 138 of the laws of 1997, is amended to read as follows: S 355. Officers and employees; transfer, promotion and seniority. 1. Officers and employees of state departments, agencies, [or the canal corporation] OR DIVISIONS may be transferred to the authority and offi- cers, agents and employees of the authority may be transferred to state departments, agencies, [or the canal corporation] OR DIVISIONS, without examination and without loss of any civil service status or rights. No such transfer from the authority [or canal corporation] to any state department, agency, or division may, however, be made except with the approval of the head of the state department, agency, or division involved and the director of the budget and in compliance with the rules and regulations of the state civil service commission. 2. Promotions from positions in state departments and agencies to positions in the authority [or canal corporation], and vice versa, may be made from interdepartmental promotion lists resulting from promotion examinations in which employees of the authority[, employees of the canal corporation,] and employees of the state are eligible to partic- ipate. 3. In computing seniority for purposes of promotion or for purposes of suspension or demotion upon the abolition of positions in the service of the authority or in the service of the state, in the case of an employee of the authority a period of prior employment in the service of the state shall be counted in the same manner as though such period of employment had been in the service of the authority, and in the case of an employee of the state a period of prior employment in the service of the authority shall be counted in the same manner as though such period of employment had been in the service of the state. For the purposes of the establishment and certification of preferred lists, employees suspended from the authority shall be eligible for reinstatement in the service of the state, and employees suspended from the service of the state shall be eligible for reinstatement in the service of the authori- ty, in the same manner as though the authority were a department of the state. [All provisions contained within this subdivision shall apply to S. 6406--C 119 A. 9006--C the canal corporation in the same manner that they apply to the authori- ty.] S 4. Section 357 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 357. Right of authority to use state property; payment for improve- ments. On assuming jurisdiction of a thruway highway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall have the right to possess and use for its corporate purposes so long as its corporate existence shall continue, any real property and rights in real property theretofore acquired by the state, including all improvements thereon [and state canal lands and properties; provided that the use by the authority of canal lands and properties for highway purposes shall not interfere with the use thereof for canal purposes]. S 5. Subdivisions 2 and 3 of section 357-a of the public authorities law are REPEALED and subdivision 1, as added by section 1 of part E of chapter 58 of the laws of 2013, is amended to read as follows: 1. Enforcement assistance [shall be] provided by the division of state police at [a level consistent with historical precedents, as a matter of state interest, on all sections of the thruway. The authority shall provide goods and services to the division of state police in connection with its enforcement activity on the thruway. The division of state police and the authority shall enter into an agreement identifying those goods and services that the authority will provide to the division of state police and determine reporting and other requirements related thereto. Any costs borne by the state police outside of such agreement shall not be reimbursed by the authority nor shall they be deemed costs of the authority] THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE GENERAL RESERVE FUND ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS, AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY. THE COMPTROLLER IS HEREBY AUTHORIZED AND DIRECTED TO DEPOSIT TO THE NEW YORK STATE THRUWAY AUTHORITY ACCOUNT, REVENUES RECEIVED FROM THE AUTHOR- ITY AS REIMBURSEMENT FOR PERSONAL SERVICE EXPENSES INCLUDING GENERAL STATE CHARGES. IN ADDITION, THE AUTHORITY SHALL REIMBURSE THE DIVISION OF STATE POLICE FOR NON-PERSONAL SERVICE EXPENSES CONNECTED WITH SUCH ASSISTANCE. SUCH REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR NON-PER- SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO PAYMENTS MADE BY THE AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED OPERATING EXPENSES OF THE AUTHORITY. S 6. Subdivision 1 of section 359 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: 1. On assuming jurisdiction of a thruway section or connection or any part thereof, or of a highway connection, [or of the New York state canal system,] the authority shall proceed with the construction, recon- struction or improvement thereof. All such work shall be done pursuant to a contract or contracts which shall be let to the lowest responsible bidder, by sealed proposals publicly opened, after public advertisement and upon such terms and conditions as the authority shall require; provided, however, that the authority may reject any and all proposals and may advertise for new proposals, as herein provided, if in its opin- ion, the best interests of the authority will thereby be promoted; provided further, however, that at the request of the authority, all or any portion of such work, together with any engineering required by the S. 6406--C 120 A. 9006--C authority in connection therewith, shall be performed by the commission- er and his subordinates in the department of transportation as agents for, and at the expense of, the authority. S 7. Section 359-a of the public authorities law, as added by chapter 140 of the laws of 2002, is amended to read as follows: S 359-a. Procurement contracts. For the purposes of section twenty- eight hundred seventy-nine of this chapter as applied to the authority [or the canal corporation], the term "procurement contract" shall mean any written agreement for the acquisition of goods or services of any kind by the authority [or the canal corporation] in the actual or esti- mated amount of fifteen thousand dollars or more. S 8. Section 360 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 360. Operation and maintenance. Operation and maintenance by the authority of any thruway section or connection or any part thereof or of a highway connection[, the New York state canal system] of which it has assumed jurisdiction shall be performed (a) by the use of authority forces and equipment at the expense of the authority or by agreement at the expense of the state or other parties; (b) by contract with munici- palities or independent contractors; (c) at the request of the authori- ty, by the commissioner and his subordinates in the department of trans- portation as agents for, and at the expense of the authority, or (d) by a combination of such methods. S 9. Section 362 of the public authorities law, as amended by chapter 766 of the laws of 1992, is amended to read as follows: S 362. Assistance by state officers, departments, boards, divisions and commissions. At the request of the authority, engineering and legal services for such authority shall be performed by forces or officers of the department of transportation and the department of law respectively, and all other state officers, departments, boards, divisions and commis- sions shall render services within their respective functions. At the request of the authority, services in connection with the collection of any charges or fees for the use of the thruway[, the New York state canal system] or any part thereof may be performed by the department of motor vehicles. S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision 3 of section 365 of the public authorities law, as amended by chapter 766 of the laws of 1992, are amended to read as follows: (a) Subject to the provisions of section three hundred sixty-six of this title, the authority shall have the power and is hereby authorized from time to time to issue its negotiable notes and bonds in conformity with applicable provisions of the uniform commercial code in such prin- cipal amount as, in the opinion of the authority, shall be necessary to provide sufficient moneys for achieving the corporate purposes thereof, including construction, reconstruction and improvement of the thruway sections and connections, and highway connections herein described, [the New York state canal system subject to the provisions of section three hundred eighty-three of this title,] together with suitable facilities and appurtenances, the payment of all indebtedness to the state, the cost of acquisition of all real property, the expense of maintenance and operation, interest on notes and bonds during construction and for a reasonable period thereafter, establishment of reserves to secure notes or bonds, and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers. S. 6406--C 121 A. 9006--C (i) the acquisition of jurisdiction over, and of property for, thru- ways, [the New York state canal system,] and the construction, recon- struction, improvement, maintenance or operation thereof; S 11. Section 382 of the public authorities law is REPEALED. S 12. Section 383 of the public authorities law is REPEALED. S 13. Section 388 of the public authorities law, as added by chapter 500 of the laws of 2011, is amended to read as follows: S 388. Limitation on powers of the authority. A department, authority, division or agency of the state shall not offer or permit any officer or employee of such department, authority, division or agency to use a pass to access and/or use the thruway [system] without the officer's or employee's personal payment of tolls except when the use of such a pass and/or use of the thruway [system] without personal payment of tolls occurs in the normal course of the employment or duties of such officer or employee. This section shall not diminish the rights of any employee pursuant to a collective bargaining agreement. S 14. Subdivisions 18 and 21 of section 2 of the canal law, subdivi- sion 18 as amended and subdivision 21 as renumbered by chapter 335 of the laws of 2001, subdivision 21 as added by chapter 442 of the laws of 1996, are amended and a new subdivision 24 is added to read as follows: 18. "Authority" shall mean the [New York state thruway authority, a body corporate and politic constituting a public corporation created and constituted pursuant to title nine of article two] POWER AUTHORITY OF THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI- TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE ONE OF ARTICLE FIVE of the public authorities law. 21. "Corporation" AND "CANAL CORPORATION" shall mean the New York state canal corporation, [a subsidiary of the New York state thruway authority,] A PUBLIC BENEFIT CORPORATION created pursuant to [section three hundred eighty-two of the public authorities law] CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN- UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW. 24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI- TY, A BODY CORPORATE AND POLITIC CONSTITUTING A PUBLIC CORPORATION CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF ARTICLE TWO OF THE PUBLIC AUTHORITIES LAW. S 15. The article heading of article 1-A of the canal law, as added by chapter 766 of the laws of 1992, is amended to read as follows: TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY] POWER AUTHORITY OF THE STATE OF NEW YORK S 16. Section 5 of the canal law, as amended by amended chapter 335 of the laws of 2001, is amended to read as follows: S 5. Transfer of powers and duties relating to canals and canal lands to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK. The powers and duties of the [commissioner of transporta- tion] THRUWAY AUTHORITY relating to the New York state canal system as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equipment management and traffic signal operations of the department of transpor- tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO THE THRUWAY AUTHORITY, are hereby transferred to and merged with the authority, to be exercised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York. In S. 6406--C 122 A. 9006--C addition, the commissioner of transportation and the [chairman] CHAIR of the authority OR HIS OR HER DESIGNEE may, in their discretion, enter into an agreement or agreements transferring the powers and duties of the commissioner of transportation relating to any or all of the bridges and highways as set forth in article seven of this chapter, to be exer- cised by the authority DIRECTLY OR THROUGH THE CANAL CORPORATION on behalf of the people of the state of New York, and, AS DETERMINED TO BE FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into an agreement or agreements DIRECTLY OR THROUGH THE CANAL CORPORATION for the financing, construction, reconstruction or improvement of lift and movable bridges on the canal system. Such powers shall be in addition to other powers enumerated in title [nine] ONE of article [two] FIVE of the public authorities law. All of the provisions of title [nine] ONE of article [two] FIVE of such law which are not inconsistent with this chapter shall apply to the actions and duties of the authority pursuant to this chapter. The authority shall be deemed to be the state in exer- cising the powers and duties transferred pursuant to this section but for no other purposes. S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6 of the canal law, subdivisions 2 and 5 as added by chapter 766 of the laws of 1992, and subdivisions 1, 3 and 4 as amended by chapter 335 of the laws of 2001, are amended to read as follows: 1. The jurisdiction of the [commissioner of transportation] THRUWAY AUTHORITY over the New York state canal system and over all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, recon- struction, maintenance and operation of the New York state canal system, as set forth in articles one through and including fourteen, except article seven, of this chapter, and except properties in use on the effective date of this article in support of highway maintenance, equip- ment management and traffic signal operations of the department of transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPOR- TATION TO THE THRUWAY AUTHORITY, are hereby transferred without consid- eration to the authority, to be held by the authority in the name of the people of the state of New York. In addition the commissioner of trans- portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG- NEE may, in their discretion, enter into an agreement or agreements transferring jurisdiction over any or all of the bridges and highways set forth in article seven of this chapter, and any or all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, reconstruction, maintenance and operation of such bridges and highways, which shall be transferred without consideration to the authority, to be held by the authority through the corporation in the name of the people of the state of New York. Any other rights and obligations resulting from or arising out of the planning, development, construction, reconstruction, opera- tion or maintenance of the New York state canal system shall be deemed assigned to and shall be exercised by the authority through the corpo- ration, except that the authority may designate the [commissioner of transportation] CHAIR OF THE THRUWAY AUTHORITY to be its agent for the operation and maintenance of the New York state canal system, provided that such designation shall have no force or effect after [March thir- ty-first, nineteen hundred ninety-three] JANUARY FIRST, TWO THOUSAND SEVENTEEN. Such canal system shall remain the property of the state and under its management and control as exercised by and through the author- ity, through the corporation which shall be deemed to be the state for S. 6406--C 123 A. 9006--C the purposes of such management and control of the canals but for no other purposes. 2. The department of transportation AND THRUWAY AUTHORITY shall deliv- er to the authority all books, policies, procedures, papers, plans, maps, records, equipment and property of such department pertaining to the functions transferred pursuant to this article. 3. All rules, regulations, acts, determinations, orders and decisions of the commissioner of transportation [and of the], department of trans- portation, OR THRUWAY AUTHORITY pertaining to the functions transferred pursuant to this article in force at the time of such transfer shall continue in force and effect as rules, regulations, acts, determi- nations, orders and decisions of the authority and corporation until duly modified or abrogated by such authority [and] OR corporation. 4. Any business or other matters undertaken or commenced by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, including executed contracts, permits and other agreements, BUT EXCLUDING BONDS, NOTES OR OTHER EVIDENCES OF INDEBT- EDNESS, pertaining to or connected with the [functions,] powers, [obli- gations and] duties AND OBLIGATIONS transferred pursuant to this arti- cle, and in effect on the effective date [hereof] OF THE TRANSFER OF SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE THRUWAY AUTHORITY, be conducted and completed by the authority through the corporation in the same manner and under the same terms and condi- tions and with the same effect as if conducted and completed by the [commissioner of transportation or the department of transportation] THRUWAY AUTHORITY, PROVIDED THAT NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY ACTION IN A MANNER THAT WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI- TY'S BONDS, NOTES OR OTHER OBLIGATIONS. 5. No existing rights or remedies of the state, [including the] authority, THRUWAY AUTHORITY, OR CANAL CORPORATION shall be lost, impaired or affected by reason of this article. S 18. Subdivision 6 of section 6 of the canal law, as added by chapter 766 of the laws of 1992, paragraph (b) as amended by chapter 335 of the laws of 2001, is amended and a new subdivision 7 is added to read as follows: 6. (a) No action or proceeding pending on the effective date of [this article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU- WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR- ITY, the commissioner of transportation [or], THE CORPORATION, the department of transportation OR THE AUTHORITY shall be affected by this article. Any liability arising out of any act or omission occurring prior to the effective date of the transfer of THE powers [and], duties [authorized herein] AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY, of the officers, employees or agents of THE THRUWAY AUTHORI- TY, the department of transportation, or any other agency of the state, other than the authority, in the performance of their obligations or duties under the canal law, any other law of the state or any federal law, or pursuant to a contract entered into prior to the effective date of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the department of transportation or such other agency of the state and not of the authority. (b) Notwithstanding any provision to the contrary contained in para- graph (a) of this subdivision, the state shall indemnify and hold harm- S. 6406--C 124 A. 9006--C less the THRUWAY authority [and], THE corporation AND THE AUTHORITY for any and all claims, damages, or liabilities, whether or not caused by negligence, including civil and criminal fines, arising out of or relat- ing to any generation, processing, handling, transportation, storage, treatment, or disposal of solid or hazardous wastes in the canal system by any person or entity other than the THRUWAY AUTHORITY OR THE authori- ty occurring prior to [the effective date of the transfer of powers and duties authorized herein] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO. Such indemnification shall extend to, without limitation, any releases into land, water or air, including but not limited to releases as defined under the federal comprehensive environmental response compen- sation and liability act of nineteen hundred eighty, occurring or exist- ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION AND THE authority shall cooperate in the investigation and remediation of hazardous waste and other environmental problems. (C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN PARA- GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS, DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION, PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO AND NO LATER THAN THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR- ITY. SUCH INDEMNIFICATION SHALL EXTEND TO, WITHOUT LIMITATION, ANY RELEASES INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES AS DEFINED UNDER THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN THE INVESTI- GATION AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB- LEMS. (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI- TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD, NINETEEN HUNDRED NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING OUT OF SUCH ACTS OR OMISSIONS. 7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION WITH THE TRANSFER OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY AND THE ASSUMPTION OF MANAGEMENT OF THE CORPORATION AS A SUBSIDIARY CORPORATION OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN WHICH ADDED THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS, MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED NECESSARY AND IN THE PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE- MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL, STATE, MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER- GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S EXISTING FINANCIAL OR OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION OVER THE CANAL SYSTEM AND THE CORPORATION. S. 6406--C 125 A. 9006--C S 19. Subdivisions 2 and 5 of section 92-u of the state finance law, subdivision 2 as added by chapter 766 of the laws of 1992, and subdivi- sion 5 as amended by chapter 483 of the laws of 1996, are amended to read as follows: 2. Such fund shall consist of all revenues received from the operation of the New York state canal system as defined in section three hundred fifty-one of the public authorities law and section two of the canal law, including payments on leases for use of canal lands, terminals and terminal lands, tolls received for lock and lift bridge passage, payments for hydroelectric easements and sales, for purchase of other abandoned canal lands, payments for any permits and leases for use of the water and lands of the system and payments for use of dry docks and other moneys made available to the fund from any other source other than a grant, loan or other inter-corporate transfer of funds of the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK, and any income earned by, or incremental to, the fund due to investment thereof, or any repayment of any moneys advanced by the fund. 5. Moneys of the fund, following appropriation by the legislature, shall be available to the [New York state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author- ity or [subsidiary corporation thereof] THE CANAL CORPORATION only for the maintenance, construction, reconstruction, development or promotion of the canal system[; provided, however, that in the initial years, expenditures of moneys of the fund for the development and/or promotion of the canal system shall be accorded a priority by the authority or subsidiary corporation thereof]. In addition, moneys of the fund may be used for the purposes of interpretive signage and promotion for appro- priate historically significant Erie canal lands and related sites. Moneys shall be paid out of the fund by the state comptroller on certif- icates issued by the director of the budget. S 20. Notwithstanding any other provision of law, the power authority of the state of New York ("power authority"), New York state thruway authority and New York state canal corporation ("canal corporation"), and any other state or municipal agency, department, office, board, division, commission, public authority or public benefit corporation may enter into such agreements and understandings relating to the transition of the canal corporation to its status as a subsidiary of the power authority and for the administration, maintenance and operation of the canal corporation and the canal system as they may deem necessary or desirable. S 21. Section 1005 of the public authorities law is amended by adding a new subdivision 25 to read as follows: 25. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO ACCEPT GIFTS, GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM THE STATE OR ANY OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES. S 22. The public authorities law is amended by adding a new section 1005-b to read as follows: S 1005-B. NEW YORK STATE CANAL CORPORATION. 1. THE PUBLIC BENEFIT CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO- RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY S. 6406--C 126 A. 9006--C AND SHALL HAVE ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON- STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY OF THE NEW YORK STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER- ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION. 2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR ANY PERSONNEL IN ORDER TO CARRY OUT THE PURPOSES OF THIS SECTION, PROVIDED THAT NOTHING IN THIS SECTION SHALL BE DEEMED TO REQUIRE THE AUTHORITY TO APPLY ANY MONEYS, REVENUES OR PROPERTY OR TO TAKE ANY ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS. 3. THE CANAL CORPORATION AND ANY OF ITS PROPERTY, FUNCTIONS, AND ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY, FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF ITS MEMBERS, OR ITS OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM PROPER. 4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE COURT OF CLAIMS TO HEAR AND DETERMINE THE CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO- RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE- MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER AND TO THE EXTENT PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE COURT OF CLAIMS ACT WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER JUDGMENTS THEREFOR. ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION. 5. THE MEMBERS OF THE CANAL CORPORATION SHALL BE THE SAME PERSONS HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY. 6. NO OFFICER OR MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY ADDITIONAL COMPENSATION, EITHER DIRECT OR INDIRECT, OTHER THAN REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM- ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER, DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION. 7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY TO THE CANAL CORPORATION AND SUCH CORPORATION SHALL BE SUBJECT TO THE JURISDICTION OF THE NEW YORK STATE DEPARTMENT OF CIVIL SERVICE AND THE NEW YORK STATE CIVIL SERVICE COMMISSION. THE CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND LOCAL EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO AFFECT THE RIGHTS AND PRIVILEGES OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER ANY PROVISIONS OF THE CIVIL SERVICE LAW OR ANY EXISTING OR EXPIRED S. 6406--C 127 A. 9006--C COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE OF TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY. ANY SUCH EMPLOYEE WHO AT THE TIME OF SUCH TRANSFER SHALL HAVE BEEN IN A NEGOTIATING UNIT REPRESENTED BY AN EMPLOYEE ORGANIZATION WHICH WAS CERTIFIED OR RECOGNIZED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SHALL CONTINUE TO BE REPRESENTED BY SAID EMPLOYEE ORGANIZATION. THERE SHALL BE NO REDUCTION OF STAFF, LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT, SUCH AS REDUCTION IN THE HOURS OF NON-OVERTIME, WAGES, OR EMPLOYMENT BENEFITS AS A RESULT OF THE TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE AUTHORITY FOR TWENTY-FOUR MONTHS FOLLOWING SUCH TRANSFER. 8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE FISCAL YEAR FOR THE AUTHORITY. 9. THE CANAL CORPORATION SHALL HAVE THE POWER TO: (A) OPERATE, MAINTAIN, CONSTRUCT, RECONSTRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE THE CANAL SYSTEM; (B) SUE AND BE SUED; (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE; (D) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE- MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY AND FACILITIES; (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION; (F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP- TER; (G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS CORPORATE PURPOSES; (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE; (I) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV- ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR- ERS AS IT DEEMS DESIRABLE; (J) INVEST ANY FUNDS OF THE CANAL CORPORATION, OR ANY OTHER MONIES UNDER ITS CUSTODY AND CONTROL NOT REQUIRED FOR IMMEDIATE USE OR DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI- PAL AND INTEREST OF WHICH ARE GUARANTEED BY THE STATE OR THE UNITED STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A OF THE STATE FINANCE LAW; (K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT BY THE AUTHORITY; (L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN OF THE CANAL LAW; (M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA- TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON- MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU- LATIONS THEREUNDER. PRIOR TO THE IMPLEMENTATION OF ANY SUBSTANTIAL IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A S. 6406--C 128 A. 9006--C RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD- INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE STATE OR NATIONAL REGISTERS OF HISTORIC PLACES. THE FINDINGS OF SUCH SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO DETERMINE WHETHER THE PROPOSED IMPROVEMENTS ARE COMPATIBLE WITH SUCH HISTORIC BUILDINGS, SITES, AND DISTRICTS; (N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING BORINGS, SOUNDINGS, AND SURVEYS; (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER- AL GOVERNMENT OR FROM THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF; AND (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF IN ITS DISCRETION THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION, THE AUTHORITY, OR THE STATE. 10. (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT- TED BY THE CANAL RECREATIONWAY COMMISSION PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW. (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER OF EACH YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL SYSTEM DEVELOPMENT FUND PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL SOURCES APPROPRIATED FROM THE STATE TREASURY. (C) IN THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY THE COMMISSION TO THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE CANAL CORPORATION TO THE DIRECTOR OF THE BUDGET SHALL SPECIFY THE DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES. 11. THE CANAL CORPORATION SHALL NOT HAVE THE POWER TO ISSUE BONDS, NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY. 12. THE CANAL CORPORATION MAY DO ANY AND ALL THINGS NECESSARY OR CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS GIVEN AND GRANTED BY THIS SECTION. 13. THE AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS, DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND PUBLIC BENEFIT CORPO- RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION. 14. WHENEVER ANY STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS- SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR- IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE AUTHORITY, SUCH STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMISSION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE CANAL CORPORATION. S 23. The public authorities law is amended by adding a new section 1005-c to read as follows: S 1005-C. ADDITIONAL POWERS OF THE AUTHORITY TO FINANCE CERTAIN PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER- S. 6406--C 129 A. 9006--C EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM. (B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION. 2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE NOT INCONSISTENT WITH THIS SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD- ING BUT NOT LIMITED TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING BONDS THEREOF. 3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI- TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR CONVENIENT, WITH AN ADEQUATE MARGIN OF SAFETY, TO PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS, AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF; PROVIDED, HOWEVER, THAT TOLLS MAY ONLY BE IMPOSED FOR THE PASSAGE THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE OR IN PART BY MECHANICAL POWER. S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi- cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a new paragraph (j) is added to read as follows: (J) FOR PURPOSES OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE DIRECTORS, OFFICERS AND EMPLOYEES OF THE THRUWAY AUTHORITY, AND THE DIRECTORS, OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION. IN THOSE CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA- GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO, THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI- TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE CANAL CORPORATION. S 25. Subdivisions 9 and 10 of section 481 of the transportation law, as added by section 1 of part A of chapter 60 of the laws of 2005, are amended to read as follows: 9. "Canal corporation" shall mean the New York state canal corporation created [pursuant to section three hundred eighty-two] AS A SUBSIDIARY CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY OF THE STATE OF NEW YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE THOUSAND FIVE-B of the public authorities law. 10. "Canal system" shall mean the "New York state canal system"[, as such term is defined by subdivision ten of section three hundred fifty- one of the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS AND OTHER PROPERTY UNDER THE JURISDICTION OF THE CANAL CORPORATION OF THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW. S 26. Section 33.01 of the parks, recreation and historic preservation law, as amended by chapter 317 of the laws of 2009, is amended to read as follows: S 33.01 New York state heritage areas advisory council. There shall continue to be in the office a New York state heritage areas advisory S. 6406--C 130 A. 9006--C council which shall consist of twenty-six members or their designated representatives. The commissioner shall be a member of the advisory council. In addition, the advisory council shall consist of the follow- ing twenty-five other members: the commissioner of economic development, to advise and assist regarding related tourism and economic revitaliza- tion; the commissioner of education, to advise and assist regarding the interpretive and educational aspects of the programs; the secretary of state, to advise and assist regarding matters of community development and state planning and to advise on the identification and preservation of rural resources; the commissioner of transportation, to advise and assist regarding matters of transportation to and within heritage areas; the president of the New York state urban development corporation, to advise and assist regarding matters of economic development; the commis- sioner of environmental conservation, to advise and assist regarding matters of conservation and use of natural resources; the chairman of the state board for historic preservation, to advise and assist in matters regarding historic preservation; the commissioner of housing and community renewal to advise and assist regarding neighborhood and commu- nity development and preservation programs; the [chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of the New York state canal system; the commissioner of agriculture and markets regarding agriculture in heritage areas; a representative of the State Heritage Area Association; the director or chief executive officer of the Hudson River National Heritage Area, the Erie Canalway National Heritage Corridor, the Champlain Valley National Heritage Partnership and the Niagara Falls National Heritage Area; and ten members to be appointed by the governor, three of such members shall be municipal officers, elected officials or representatives of local government interest and seven of such members shall be, by professional training or experience or attainment, qualified to analyze or interpret matters relevant to the establishment and maintenance of state designated herit- age areas including urban cultural parks and heritage corridors, one of whom shall be the director of a heritage area. Of these last seven, two are to be appointed from names recommended by the majority leader of the senate, two are to be appointed from names recommended by the speaker of the assembly, one is to be appointed from names recommended by the minority leader of the senate and one is to be appointed from names recommended by the minority leader of the assembly. The governor may designate such ex-officio members who shall be from the executive department, state agencies or public corporations as he or she deems appropriate; provided that such ex-officio members shall not vote on matters before the advisory council. For the ten members appointed by the governor, each shall hold office for a term of five years and until his or her successor shall have been appointed or until he or she shall resign. The members of the advisory council shall elect a chair from amongst its members for a term of three years. Eleven members of the advisory council shall constitute a quorum for the transaction of any business at both regular and special meetings. Any ex-officio member may delegate all his or her duties of membership, including voting rights, to an officer or employee of such member's organization. No member shall receive any compensation. S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the parks, recreation and historic preservation law, as amended by chapter 666 of the laws of 1994, is amended to read as follows: S. 6406--C 131 A. 9006--C (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW YORK regarding [its] operation of the New York state canal system; S 28. Notwithstanding any other provision of law, the power authority of the state of New York (power authority) and the New York state thru- way authority (thruway authority) are hereby authorized to enter into an agreement, effective April 1, 2016, whereby the power authority shall reimburse the thruway authority, monthly, for any and all operating and capital costs, expended by the thruway authority for the operation and maintenance of the New York state canal system (canal system), and the operation of the New York state canal corporation (canal corporation), for the period of April 1, 2016 through January 1, 2017. The thruway authority shall provide the power authority with a monthly report of all expenditures related to the canal corporation and the canal system, and provide access to all necessary financial records to carry out the intent of this section. S 29. This act, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes there- of. S 30. (a) The power authority shall prepare an implementation plan for the transfer of the canal corporation from the thruway authority to the power authority pursuant to a chapter of the laws of 2016 enacted no later than July 1, 2016. Such implementation plan shall include a requirement that the rights and privileges of all employees under exist- ing collective bargaining agreements shall not be adversely impacted at the time of transfer, a report on the status of relevant collective bargaining agreements and the preservation and maintenance of economic development programs and projects funded by the power authority, along with its ability to continue to effectuate its core mission to power the economic growth and competitiveness of New York state by providing customers with low-cost, clean, reliable power and the innovative energy infrastructure and services they value. (b) In the event of a failure to enact such a chapter of the laws of 2016, the power authority shall prepare an implementation plan for the transfer of the canal corporation from the thruway authority to the power authority, in consultation with the temporary president of the senate and the speaker of the assembly and with approval of the director of the division of budget, and submit such plan to the governor and the legislature no later than October 1, 2016. Such implementation plan shall include a requirement that the rights and privileges of all employees under existing collective bargaining agreements shall not be adversely impacted at the time of transfer, a report on the status of relevant collective bargaining agreements and the preservation and main- tenance of economic development programs and projects funded by the power authority, along with its ability to continue to effectuate its core mission to power the economic growth and competitiveness of New York state by providing customers with low-cost, clean, reliable power and the innovative energy infrastructure and services they value. S 31. This act shall take effect on January 1, 2017; provided, howev- er, that sections five and twenty-eight of this act shall take effect immediately. PART UU Section 1. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 S. 6406--C 132 A. 9006--C of section 4 of the state finance law to the following funds and/or accounts: 1. Proprietary vocational school supervision account (20452). 2. Local government records management account (20501). 3. Child health plus program account (20810). 4. EPIC premium account (20818). 5. Education - New (20901). 6. VLT - Sound basic education fund (20904). 7. Sewage treatment program management and administration fund (21000). 8. Hazardous bulk storage account (21061). 9. Federal grants indirect cost recovery account (21065). 10. Low level radioactive waste account (21066). 11. Recreation account (21067). 12. Public safety recovery account (21077). 13. Environmental regulatory account (21081). 14. Natural resource account (21082). 15. Mined land reclamation program account (21084). 16. Great lakes restoration initiative account (21087). 17. Environmental protection and oil spill compensation fund (21200). 18. Public transportation systems account (21401). 19. Metropolitan mass transportation (21402). 20. Operating permit program account (21451). 21. Mobile source account (21452). 22. Statewide planning and research cooperative system account (21902). 23. New York state thruway authority account (21905). 24. Mental hygiene program fund account (21907). 25. Mental hygiene patient income account (21909). 26. Financial control board account (21911). 27. Regulation of racing account (21912). 28. New York Metropolitan Transportation Council account (21913). 29. State university dormitory income reimbursable account (21937). 30. Criminal justice improvement account (21945). 31. Environmental laboratory reference fee account (21959). 32. Clinical laboratory reference system assessment account (21962). 33. Indirect cost recovery account (21978). 34. High school equivalency program account (21979). 35. Multi-agency training account (21989). 36. Interstate reciprocity for post-secondary distance education account. 37. Bell jar collection account (22003). 38. Industry and utility service account (22004). 39. Real property disposition account (22006). 40. Parking account (22007). 41. Asbestos safety training program account (22009). 42. Batavia school for the blind account (22032). 43. Investment services account (22034). 44. Surplus property account (22036). 45. Financial oversight account (22039). 46. Regulation of Indian gaming account (22046). 47. Rome school for the deaf account (22053). 48. Seized assets account (22054). 49. Administrative adjudication account (22055). 50. Federal salary sharing account (22056). 51. New York City assessment account (22062). S. 6406--C 133 A. 9006--C 52. Cultural education account (22063). 53. Local services account (22078). 54. DHCR mortgage servicing account (22085). 55. Department of motor vehicles compulsory insurance account (22087). 56. Housing indirect cost recovery account (22090). 57. DHCR-HCA application fee account (22100). 58. Low income housing monitoring account (22130). 59. Corporation administration account (22135). 60. Montrose veteran's home account (22144). 61. Deferred compensation administration account (22151). 62. Rent revenue other New York City account (22156). 63. Rent revenue account (22158). 64. Tax revenue arrearage account (22168). 65. Highway use tax administration account. 66. State university general income offset account (22654). 67. Lake George park trust fund account (22751). 68. State police motor vehicle law enforcement account (22802). 69. Highway safety program account (23001). 70. EFC drinking water program account (23101). 71. DOH drinking water program account (23102). 72. NYCCC operating offset account (23151). 73. Commercial gaming revenue account (23701). 74. Commercial gaming regulation account (23702). 75. Highway and bridge capital account (30051). 76. State university residence hall rehabilitation fund (30100). 77. State parks infrastructure account (30351). 78. Clean water/clean air implementation fund (30500). 79. Hazardous waste remedial cleanup account (31506). 80. Youth facilities improvement account (31701). 81. Housing assistance fund (31800). 82. Housing program fund (31850). 83. Highway facility purpose account (31951). 84. Information technology capital financing account (32215). 85. New York racing account (32213). 86. Mental hygiene facilities capital improvement fund (32300). 87. Correctional facilities capital improvement fund (32350). 88. New York State Storm Recovery Capital Fund (33000). 89. OGS convention center account (50318). 90. Empire Plaza Gift Shop (50327) 91. Centralized services fund (55000). 92. Archives records management account (55052). 93. Federal single audit account (55053). 94. Civil service EHS occupational health program account (55056). 95. Banking services account (55057). 96. Cultural resources survey account (55058). 97. Automation & printing chargeback account (55060). 98. OFT NYT account (55061). 99. Data center account (55062). 100. Intrusion detection account (55066). 101. Domestic violence grant account (55067). 102. Centralized technology services account (55069). 103. Labor contact center account (55071). 104. Human services contact center account (55072). 105. Tax contact center account (55073). 106. Executive direction internal audit account (55251). 107. CIO Information technology centralized services account (55252). S. 6406--C 134 A. 9006--C 108. Health insurance internal service account (55300). 109. Civil service employee benefits division administrative account (55301). 110. Correctional industries revolving fund (55350). 111. Employees health insurance account (60201). 112. Medicaid management information system escrow fund (60900). S 1-a. The state comptroller is hereby authorized and directed to loan money in accordance with the provisions set forth in subdivision 5 of section 4 of the state finance law to any account within the following federal funds, provided the comptroller has made a determination that sufficient federal grant award authority is available to reimburse such loans: 1. Federal USDA-food and nutrition services fund (25000). 2. Federal health and human services fund (25100). 3. Federal education fund (25200). 4. Federal block grant fund (25250). 5. Federal miscellaneous operating grants fund (25300). 6. Federal unemployment insurance administration fund (25900). 7. Federal unemployment insurance occupational training fund (25950). 8. Federal emergency employment act fund (26000). 9. Federal capital projects fund (31350). S 2. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, on or before March 31, 2017, and with respect to item 5 under the miscella- neous category set forth in this section, up to and after March 31, 2017, up to the unencumbered balance or the following amounts: Economic Development and Public Authorities: 1. $175,000 from the miscellaneous special revenue fund, underground facilities safety training account (22172), to the general fund. 2. An amount up to the unencumbered balance from the miscellaneous special revenue fund, business and licensing services account (21977), to the general fund. 3. $14,810,000 from the miscellaneous special revenue fund, code enforcement account (21904), to the general fund. 4. $3,000,000 from the general fund to the miscellaneous special revenue fund, tax revenue arrearage account (22168). Education: 1. $2,360,000,000 from the general fund to the state lottery fund, education account (20901), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 2. $961,000,000 from the general fund to the state lottery fund, VLT education account (20904), as reimbursement for disbursements made from such fund for supplemental aid to education pursuant to section 92-c of the state finance law that are in excess of the amounts deposited in such fund for such purposes pursuant to section 1612 of the tax law. 3. Moneys from the state lottery fund up to an amount deposited in such fund pursuant to section 1612 of the tax law in excess of the current year appropriation for supplemental aid to education pursuant to section 92-c of the state finance law. 4. Up to $137,700,000 from the moneys deposited in commercial gaming revenue account (23701) to the general fund as reimbursement for disbursements made from the general fund for supplemental aid to educa- tion during the prior fiscal year due to the unencumbered balance of the S. 6406--C 135 A. 9006--C commercial gaming revenue account during the prior fiscal year being less than required to fully fund payments of general support for public schools, pursuant to Chapter 61 of the laws of 2015. 5. $300,000 from the local government records management improvement fund (20500) to the archives partnership trust fund (20350). 6. $900,000 from the general fund to the miscellaneous special revenue fund, Batavia school for the blind account (22032). 7. $900,000 from the general fund to the miscellaneous special revenue fund, Rome school for the deaf account (22053). 8. $343,400,000 from the state university dormitory income fund (40350) to the miscellaneous special revenue fund, state university dormitory income reimbursable account (21937). 9. $24,000,000 from any of the state education department special revenue and internal service funds to the miscellaneous special revenue fund, indirect cost recovery account (21978). 10. $8,318,000 from the general fund to the state university income fund, state university income offset account (22654), for the state's share of repayment of the STIP loan. 11. $40,000,000 from the state university income fund, state universi- ty hospitals income reimbursable account (22656) to the general fund for hospital debt service for the period April 1, 2015 through March 31, 2016. 12. An amount up to $14,251,000 from the general fund to the state university income fund, state university general revenue account (22653). Environmental Affairs: 1. $16,000,000 from any of the department of environmental conserva- tion's special revenue federal funds to the environmental conservation special revenue fund, federal indirect recovery account (21065). 2. $2,000,000 from any of the department of environmental conserva- tion's special revenue federal funds to the conservation fund as neces- sary to avoid diversion of conservation funds. 3. $3,000,000 from any of the office of parks, recreation and historic preservation capital projects federal funds and special revenue federal funds to the miscellaneous special revenue fund, federal grant indirect cost recovery account (22188). 4. $1,000,000 from any of the office of parks, recreation and historic preservation special revenue federal funds to the miscellaneous special revenue fund, I love NY water account (21930). 5. $146,000,000 from the general fund to the environmental protection fund, environmental protection fund transfer account (30451). 6. $9,700,000 from the general fund to the hazardous waste remedial fund, hazardous waste oversight and assistance account (31505). Family Assistance: 1. $10,000,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health special revenue federal funds and the general fund, in accordance with agreements with social services districts, to the miscellaneous special revenue fund, office of human resources development state match account (21967). 2. $4,000,000 from any of the office of children and family services or office of temporary and disability assistance special revenue federal funds to the miscellaneous special revenue fund, family preservation and support services and family violence services account (22082). 3. $18,670,000 from any of the office of children and family services, office of temporary and disability assistance, or department of health S. 6406--C 136 A. 9006--C special revenue federal funds and any other miscellaneous revenues generated from the operation of office of children and family services programs to the general fund. 4. $140,000,000 from any of the office of temporary and disability assistance or department of health special revenue funds to the general fund. 5. $2,500,000 from any of the office of temporary and disability assistance special revenue federal funds to the miscellaneous special revenue fund, office of temporary and disability assistance program account (21980). 6. $21,000,000 from any of the office of children and family services, office of temporary and disability assistance, department of labor, and department of health special revenue federal funds to the office of children and family services miscellaneous special revenue fund, multi- agency training contract account (21989). 7. $65,000,000 from the miscellaneous special revenue fund, youth facility per diem account (22186), to the general fund. 8. $621,850 from the general fund to the combined gifts, grants, and bequests fund, WB Hoyt Memorial account (20128). 9. $3,100,000 from the miscellaneous special revenue fund, state central registry (22028), to the general fund. 10. $1,000,000 from the general fund to the housing program fund (31850). General Government: 1. $1,566,000 from the miscellaneous special revenue fund, examination and miscellaneous revenue account (22065) to the general fund. 2. $12,500,000 from the general fund to the health insurance revolving fund (55300). 3. $192,400,000 from the health insurance reserve receipts fund (60550) to the general fund. 4. $150,000 from the general fund to the not-for-profit revolving loan fund (20650). 5. $150,000 from the not-for-profit revolving loan fund (20650) to the general fund. 6. $3,000,000 from the miscellaneous special revenue fund, surplus property account (22036), to the general fund. 7. $19,000,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the general fund. 8. $1,826,000 from the miscellaneous special revenue fund, revenue arrearage account (22024), to the miscellaneous special revenue fund, authority budget office account (22138). 9. $1,000,000 from the miscellaneous special revenue fund, parking services account (22007), to the general fund, for the purpose of reim- bursing the costs of debt service related to state parking facilities. 10. $21,789,000 from the general fund to the centralized services fund, COPS account (55013). 11. $2,360,000 from the general fund to the agencies internal service fund, central technology services account (55069), for the purpose of enterprise technology projects. 12. $15,000,000 from the miscellaneous special revenue fund, workers' compensation account (21995), to the miscellaneous capital projects fund, workers' compensation board IT business process design fund. Health: 1. $33,710,000 from the miscellaneous special revenue fund, quality of care account (21915), to the general fund. S. 6406--C 137 A. 9006--C 2. A transfer from the general fund to the combined gifts, grants and bequests fund, breast cancer research and education account (20155), up to an amount equal to the monies collected and deposited into that account in the previous fiscal year. 3. A transfer from the general fund to the combined gifts, grants and bequests fund, prostate cancer research, detection, and education account (20183), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 4. A transfer from the general fund to the combined gifts, grants and bequests fund, Alzheimer's disease research and assistance account (20143), up to an amount equal to the moneys collected and deposited into that account in the previous fiscal year. 5. $30,295,000 from the HCRA resources fund (20800) to the miscella- neous special revenue fund, empire state stem cell trust fund account (22161). 6. $7,000,000 from the miscellaneous special revenue fund, certificate of need account (21920), to the miscellaneous capital projects fund, healthcare IT capital subfund (32216). 7. $1,000,000 from the miscellaneous special revenue fund, adminis- tration program account (21982), to the miscellaneous capital projects fund, healthcare IT capital account (32216). 8. $1,000,000 from the miscellaneous special revenue fund, vital records account (22103), to the miscellaneous capital projects fund, healthcare IT capital account (32216). 9. $55,500,000 from the HCRA resources fund (20800) to the capital projects fund (30000). 10. $3,700,000 from the miscellaneous New York state agency fund, medical assistance account to the general fund. 11. $4,886,000 from the general fund to the medical marihuana trust fund, health operation and oversight account (23755). 12. $1,086,000 from the miscellaneous special revenue fund, certif- icate of need account (21920), to the general fund. 13. $1,000,000 from the miscellaneous special revenue fund, profes- sional medical conduct account (22088), to the miscellaneous capital projects fund, healthcare IT capital account (32216). Labor: 1. $400,000 from the miscellaneous special revenue fund, DOL fee and penalty account (21923), to the child performer's protection fund, child performer protection account (20401). 2. $8,400,000 from the miscellaneous special revenue fund, DOL fee and penalty account (21923), to the general fund. 3. $3,300,000 from the unemployment insurance interest and penalty fund, unemployment insurance special interest and penalty account (23601), to the general fund. Mental Hygiene: 1. $10,000,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the miscellaneous special revenue fund, federal salary sharing account (22056). 2. $1,950,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene patient income account (21909). 3. $1,550,000,000 from the general fund to the miscellaneous special revenue fund, mental hygiene program fund account (21907). 4. $100,000,000 from the miscellaneous special revenue fund, mental hygiene program fund account (21907), to the general fund. 5. $100,000,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the general fund. S. 6406--C 138 A. 9006--C 6. $3,800,000 from the miscellaneous special revenue fund, mental hygiene patient income account (21909), to the agencies internal service fund, civil service EHS occupational health program account (55056). 7. $5,000,000 from the chemical dependence service fund, substance abuse services fund account (22700), to the miscellaneous capital projects fund, chemical dependence service capital account. Public Protection: 1. $1,350,000 from the miscellaneous special revenue fund, emergency management account (21944), to the general fund. 2. $3,300,000 from the general fund to the miscellaneous special revenue fund, recruitment incentive account (22171). 3. $10,500,000 from the general fund to the correctional industries revolving fund, correctional industries internal service account (55350). 4. $3,000,000 from the federal miscellaneous operating grants fund, DMNA damage account (25324), to the general fund. 5. $6,300,000 from the general fund to the miscellaneous special revenue fund, crimes against revenue program account (22015). 6. $8,600,000 from the miscellaneous special revenue fund, criminal justice improvement account (21945), to the general fund. 7. $106,000,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, state police motor vehicle enforcement account (22802), to the general fund for state operation expenses of the division of state police. 8. $53,500,000 from the general fund to the correctional facilities capital improvement fund (32350). 9. $5,000,000 from the general fund to the dedicated highway and bridge trust fund (30050) for the purpose of work zone safety activities provided by the division of state police for the department of transpor- tation. 10. $10,000,000 from the miscellaneous special revenue fund, statewide public safety communications account (22123), to the capital projects fund (30000). 11. $2,900,000 from the miscellaneous special revenue fund, legal services assistance account (22096), to the general fund. 12. $300,000 from the state police motor vehicle law enforcement and motor vehicle theft and insurance fraud prevention fund, motor vehicle theft and insurance fraud account (22801), to the general fund. 13. $1,000,000 from the general fund to the agencies internal service fund, center for employment opportunities NWP account. Transportation: 1. $17,672,000 from the federal miscellaneous operating grants fund to the miscellaneous special revenue fund, New York Metropolitan Transpor- tation Council account (21913). 2. $20,147,000 from the federal capital projects fund to the miscella- neous special revenue fund, New York Metropolitan Transportation Council account (21913). 3. $1,240,000 from the miscellaneous special revenue fund, compulsory insurance account (22087), to the dedicated highway and bridge trust fund (30050). 4. $15,046,384 from the general fund to the mass transportation oper- ating assistance fund, public transportation systems operating assist- ance account (21401), of which $12,000,000 constitutes the base need for operations. 5. $810,000,000 from the general fund to the dedicated highway and bridge trust fund (30050). S. 6406--C 139 A. 9006--C 6. $936,000 from the miscellaneous special revenue fund, accident prevention course program account (22094), to the dedicated highway and bridge trust fund (30050). 7. $1,234,000 from the miscellaneous special revenue fund, motorcycle safety account (21976), to the dedicated highway and bridge trust fund (30050). 8. $309,250,000 from the general fund to the MTA financial assistance fund, mobility tax trust account (23651). 9. $5,000,000 from the miscellaneous special revenue fund, transporta- tion regulation account (22067) to the dedicated highway and bridge trust fund (30050), for disbursements made from such fund for motor carrier safety that are in excess of the amounts deposited in the dedi- cated highway and bridge trust fund (30050) for such purpose pursuant to section 94 of the transportation law. 10. $34,000 from the miscellaneous special revenue fund, seized assets account (21906), to the dedicated highway and bridge trust fund (30050). Miscellaneous: 1. $250,000,000 from the general fund to any funds or accounts for the purpose of reimbursing certain outstanding accounts receivable balances. 2. $500,000,000 from the general fund to the debt reduction reserve fund (40000). 3. $450,000,000 from the New York state storm recovery capital fund (33000) to the revenue bond tax fund (40152). 4. $15,500,000 from the general fund, community projects account GG (10256), to the general fund, state purposes account (10050). 5. $1,840,000,000 from the general fund to the dedicated infrastruc- ture investment fund. S 3. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, on or before March 31, 2017: 1. Upon request of the commissioner of environmental conservation, up to $11,410,000 from revenues credited to any of the department of envi- ronmental conservation special revenue funds, including $3,293,400 from the environmental protection and oil spill compensation fund (21200), and $1,783,600 from the conservation fund (21150), to the environmental conservation special revenue fund, indirect charges account (21060). 2. Upon request of the commissioner of agriculture and markets, up to $3,000,000 from any special revenue fund or enterprise fund within the department of agriculture and markets to the general fund, to pay appro- priate administrative expenses. 3. Upon request of the commissioner of agriculture and markets, up to $2,000,000 from the state exposition special fund, state fair receipts account (50051) to the miscellaneous capital projects fund, state fair capital improvement account (32208). 4. Upon request of the commissioner of the division of housing and community renewal, up to $6,221,000 from revenues credited to any divi- sion of housing and community renewal federal or miscellaneous special revenue fund to the miscellaneous special revenue fund, housing indirect cost recovery account (22090). 5. Upon request of the commissioner of the division of housing and community renewal, up to $5,500,000 may be transferred from any miscel- laneous special revenue fund account, to any miscellaneous special revenue fund. 6. Upon request of the commissioner of health up to $5,000,000 from revenues credited to any of the department of health's special revenue S. 6406--C 140 A. 9006--C funds, to the miscellaneous special revenue fund, administration account (21982). S 4. On or before March 31, 2017, the comptroller is hereby authorized and directed to deposit earnings that would otherwise accrue to the general fund that are attributable to the operation of section 98-a of the state finance law, to the agencies internal service fund, banking services account (55057), for the purpose of meeting direct payments from such account. S 5. Notwithstanding any law to the contrary, upon the direction of the director of the budget and upon requisition by the state university of New York, the dormitory authority of the state of New York is directed to transfer, up to $22,000,000 in revenues generated from the sale of notes or bonds, to the state university of New York for reimbursement of bondable equipment for further transfer to the state's general fund. S 6. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2017, up to $16,000,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Buffalo. S 7. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget and upon consultation with the state university chancellor or his or her designee, on or before March 31, 2017, up to $6,500,000 from the state university income fund general revenue account (22653) to the state general fund for debt service costs related to campus supported capital project costs for the NY-SUNY 2020 challenge grant program at the University at Albany. S 8. Notwithstanding any law to the contrary, the state university chancellor or his or her designee is authorized and directed to transfer estimated tuition revenue balances from the state university collection fund (61000) to the state university income fund, state university general revenue offset account (22655) on or before March 31, 2017. S 9. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $87,864,000 from the general fund to the state university income fund, state university hospitals income reimbursable account (22656) during the period July 1, 2016 through June 30, 2017 to reflect ongoing state subsidy of SUNY hospitals and to pay costs attributable to the SUNY hospitals' state agency status. S 10. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $1,011,590,300 from the general fund to the state university income fund, state university general revenue offset account (22655) during the period of July 1, 2016 through June 30, 2017 to support operations at the state university. S 11. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the state university chancel- S. 6406--C 141 A. 9006--C lor or his or her designee, up to $55,000,000 from the state university income fund, state university hospitals income reimbursable account (22656), for services and expenses of hospital operations and capital expenditures at the state university hospitals; and the state university income fund, Long Island veterans' home account (22652) to the state university capital projects fund (32400) on or before June 30, 2017. S 12. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller, after consultation with the state university chancellor or his or her designee, is hereby authorized and directed to transfer moneys, in the first instance, from the state university collection fund, Stony Brook hospital collection account (61006), Brooklyn hospital collection account (61007), and Syra- cuse hospital collection account (61008) to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals. Notwithstanding any law to the contrary, the comptroller is also hereby authorized and directed, after consultation with the state university chancellor or his or her designee, to transfer moneys from the state university income fund to the state university income fund, state university hospitals income reimbursable account (22656) in the event insufficient funds are available in the state university income fund, state university hospitals income reimbursable account (22656) to pay hospital operating costs or to permit the full transfer of moneys authorized for transfer, to the general fund for payment of debt service related to the SUNY hospitals on or before March 31, 2017. S 13. Notwithstanding any law to the contrary, upon the direction of the director of the budget and the chancellor of the state university of New York or his or her designee, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies from the state university dormitory income fund (40350) to the state university residence hall rehabilitation fund (30100), and from the state university residence hall rehabilitation fund (30100) to the state university dormitory income fund (40350), in a net amount not to exceed $80 million. S 14. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer monies, upon request of the director of the budget, on or before March 31, 2017, from and to any of the following accounts: the miscellaneous special revenue fund, patient income account (21909), the miscellaneous special revenue fund, mental hygiene program fund account (21907), the miscellaneous special revenue fund, federal salary sharing account (22056), or the general fund in any combination, the aggregate of which shall not exceed $350 million. S 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $500 million from the unencumbered balance of any special revenue fund or account, agency fund or account, internal service fund or account, enterprise fund or account, or any combination of such funds and accounts, to the general fund. The amounts transferred pursuant to this authorization shall be in addition to any other transfers expressly authorized in the 2016-17 budget. Transfers from federal funds, debt service funds, capital projects funds, the community projects fund, or S. 6406--C 142 A. 9006--C funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. S 15-a. Notwithstanding any other law to the contrary, up to $245 million of the assessment reserves remitted to the chair of the workers' compensation board pursuant to subdivision 6 of section 151 of the work- ers' compensation law shall, at the request of the director of the budg- et, be transferred to the state insurance fund, for partial payment and partial satisfaction of the state's obligations to the state insurance fund under section 88-c of the workers' compensation law. S 16. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to $100 million from any non-general fund or account, or combination of funds and accounts, to the miscellaneous special revenue fund, tech- nology financing account (22207) or the miscellaneous capital projects fund, information technology capital financing account (32215), for the purpose of consolidating technology procurement and services. The amounts transferred to the miscellaneous special revenue fund, technolo- gy financing account (22207) pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the technology financing account shall be completed from amounts collected by non-general funds or accounts pursuant to a fund deposit schedule or permanent statute, and shall be transferred to the technology financing account pursuant to a schedule agreed upon by the affected agency commissioner. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assented to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. S 16-a. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, at the request of the director of the budget, up to twenty-one million dollars ($21,000,000) from the unencumbered balance of any special revenue fund or account, or combina- tion of funds and accounts, to the community projects fund. The amounts transferred pursuant to this authorization shall be in addition to any other transfers expressly authorized in the 2016-17 budget. Transfers from federal funds, debt services funds, capital projects funds, or funds that would result in the loss of eligibility for federal benefits or federal funds pursuant to federal law, rule, or regulation as assent- ed to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. The director of the budget shall (a) have received a request in writing from one or both houses of the legislature, and (b) notify both houses of the legislature in writing prior to initiating transfers pursuant to this authorization. The comptroller shall provide the director of the budget, the chair of the senate finance committee, and the chair of the assembly ways and means committee with an accurate accounting and report of any transfers that occur pursuant to this section on or before the fifteenth day of the following month in which such transfers occur. S 17. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized S. 6406--C 143 A. 9006--C and directed to transfer, at the request of the director of the budget, up to $350 million from any non-general fund or account, or combination of funds and accounts, to the general fund for the purpose of consol- idating technology procurement and services. The amounts transferred pursuant to this authorization shall be equal to or less than the amount of such monies intended to support information technology costs which are attributable, according to a plan, to such account made in pursuance to an appropriation by law. Transfers to the general fund shall be completed from amounts collected by non-general funds or accounts pursu- ant to a fund deposit schedule. Transfers from funds that would result in the loss of eligibility for federal benefits or federal funds pursu- ant to federal law, rule, or regulation as assented to in chapter 683 of the laws of 1938 and chapter 700 of the laws of 1951 are not permitted pursuant to this authorization. S 18. Notwithstanding any provision of law to the contrary, as deemed feasible and advisable by its trustees, the power authority of the state of New York is authorized and directed to transfer to the state treasury to the credit of the general fund $20,000,000 for the state fiscal year commencing April 1, 2016, the proceeds of which will be utilized to support energy-related state activities. S 19. Notwithstanding any provision of law, rule or regulation to the contrary, the New York State energy research and development authority is authorized and directed to make a contribution to the state treasury to the credit of the general fund in the amount of $23,000,000 from proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation on or before March 31, 2017. S 20. Notwithstanding any provision of law, rule or regulation to the contrary, the New York state energy research and development authority is authorized and directed to transfer to the state university income fund general revenue account (22653), in an amount not to exceed $15,000,000 for the state fiscal year commencing April 1, 2016 from the proceeds collected by the authority from the auction or sale of carbon dioxide emission allowances allocated by the department of environmental conservation, which amount shall be utilized to support the Clean Energy Workforce Opportunity Program, to expand and develop clean energy educa- tion and workforce training programs, to offer additional courses, to hire faculty, purchase or upgrade necessary machinery and lab equipment, provide or coordinate associated experiential learning, and to integrate workforce training; provided further, that up to $5,000,000 of such amount shall be available to support Clean Energy Workforce Opportunity Program initiatives at state university of New York community colleges. S 21. Subdivision 5 of section 97-rrr of the state finance law, as amended by section 21 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 5. Notwithstanding the provisions of section one hundred seventy-one-a of the tax law, as separately amended by chapters four hundred eighty- one and four hundred eighty-four of the laws of nineteen hundred eight- y-one, and notwithstanding the provisions of chapter ninety-four of the laws of two thousand eleven, or any other provisions of law to the contrary, during the fiscal year beginning April first, two thousand [fifteen] SIXTEEN, the state comptroller is hereby authorized and directed to deposit to the fund created pursuant to this section from amounts collected pursuant to article twenty-two of the tax law and pursuant to a schedule submitted by the director of the budget, up to [$3,382,279,000] $3,283,844,000, as may be certified in such schedule as S. 6406--C 144 A. 9006--C necessary to meet the purposes of such fund for the fiscal year begin- ning April first, two thousand [fifteen] SIXTEEN. S 22. Intentionally omitted. S 23. Intentionally omitted. S 24. Subdivision 6 of section 4 of the state finance law, as amended by section 22 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 6. Notwithstanding any law to the contrary, at the beginning of the state fiscal year, the state comptroller is hereby authorized and directed to receive for deposit to the credit of a fund and/or an account such monies as are identified by the director of the budget as having been intended for such deposit to support disbursements from such fund and/or account made in pursuance of an appropriation by law. As soon as practicable upon enactment of the budget, the director of the budget shall, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assem- bly ways and means committee, file with the state comptroller an iden- tification of specific monies to be so deposited. Any subsequent change regarding the monies to be so deposited shall be filed by the director of the budget, as soon as practicable, but not less than three days following preliminary submission to the chairs of the senate finance committee and the assembly ways and means committee. All monies identified by the director of the budget to be deposited to the credit of a fund and/or account shall be consistent with the intent of the budget for the then current state fiscal year as enacted by the legislature. The provisions of this subdivision shall expire on March thirty-first, two thousand [sixteen] EIGHTEEN. S 25. Subdivision 4 of section 40 of the state finance law, as amended by section 23 of part I of chapter 55 of the laws of 2014, is amended to read as follows: 4. Every appropriation made from a fund or account to a department or agency shall be available for the payment of prior years' liabilities in such fund or account for fringe benefits, indirect costs, and telecommu- nications expenses and expenses for other centralized services fund programs without limit. Every appropriation shall also be available for the payment of prior years' liabilities other than those indicated above, but only to the extent of one-half of one percent of the total amount appropriated to a department or agency in such fund or account. The provisions of this subdivision shall expire March thirty-first, two thousand [sixteen] EIGHTEEN. S 26. Subparagraph (i) of paragraph (a) of subdivision 3 of section 92-cc of the state finance law, as added by chapter 1 of the laws of 2007, is amended to read as follows: (i) Economic downturn. The commissioner of labor shall calculate and publish, on or before the fifteenth day of each month, a composite index of business cycle indicators. Such index shall be calculated using monthly data on New York state PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures for calculating composite indexes issued by the conference board or its successor organization, and] adjusted for seasonal variations in accordance with the procedures issued by the S. 6406--C 145 A. 9006--C [census bureau of the] United States [department of commerce] CENSUS BUREAU or its successor agency. If the composite index declines for five consecutive months, the commissioner of labor shall notify the governor, the speaker of the assembly, the temporary president of the senate, and the minority leaders of the assembly and the senate. Upon such notifica- tion, the director of the budget may authorize and direct the comp- troller to transfer from the rainy day reserve fund to the general fund such amounts as the director of the budget deems necessary to meet the requirements of the state financial plan. The authority to transfer funds under the provisions of this subdivision shall lapse when the composite index shall have increased for five consecutive months or twelve months from the original notification of the commissioner of labor, whichever occurs earlier. Provided, however, that for every addi- tional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month; or S 27. Paragraph (a) of subdivision 3 of section 93-b of the state finance law, as added by section 1 of part H of chapter 60 of the laws of 2015, is amended to read as follows: (a) Economic downturn. Notwithstanding any law to the contrary, for the purpose of this section, the commissioner of labor shall calculate and publish, on or before the fifteenth day of each month, a composite index of business cycle indicators. Such index shall be calculated using monthly data on New York state PRIVATE SECTOR employment, [total] AVER- AGE WEEKLY HOURS OF manufacturing [hours worked] WORKERS, and THE unem- ployment RATE prepared by the department of labor or its successor agen- cy, and total sales tax [collected net of law changes] COLLECTIONS ADJUSTED FOR INFLATION, prepared by the department of taxation and finance or its successor agency. Such index shall be [constructed in accordance with the procedures for calculating composite indexes issued by the conference board or its successor organization, and] adjusted for seasonal variations in accordance with the procedures issued by the [census bureau of the] United States [department of commerce] CENSUS BUREAU or its successor agency. If the composite index declines for five consecutive months, the commissioner of labor shall notify the governor, the speaker of the assembly, the temporary president of the senate, and the minority leaders of the assembly and the senate. Upon such notifica- tion, the director of the budget may authorize and direct the comp- troller to transfer from the dedicated infrastructure investment fund to the general fund such amounts as the director of the budget deems neces- sary to meet the requirements of the state financial plan. The authority to transfer funds under the provisions of this paragraph shall lapse when the composite index shall have increased for five consecutive months or twelve months from the original notification of the commis- sioner of labor, whichever occurs earlier. Provided, however, that for every additional and consecutive monthly decline succeeding the five month decline so noted by the commissioner of labor, the twelve month lapse date shall be extended by one additional month. S 27-a. The opening paragraph of paragraph 1-a of subdivision (a) of section 83 of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the commissioner of the department of environmental conservation shall provide a written report to the temporary president of the senate, speaker of the assem- bly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on [health] ENVIRON- S. 6406--C 146 A. 9006--C MENTAL CONSERVATION, chair of the assembly [health] ENVIRONMENTAL CONSERVATION committee, the state comptroller and the public. Such report shall include how the monies of the fund received pursuant to section six hundred twenty-five of the tax law were utilized during the preceding calendar year, and shall include: S 27-b. The opening paragraph of subdivision 2-a of section 84 of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the chairperson of the New York state Olympic regional development authority shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assem- bly ways and means committee, chair of the senate committee on [health] CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION, chair of the assembly [health] TOURISM, PARKS, ARTS AND SPORTS DEVELOPMENT committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-c. The opening paragraph of subdivision 2-a of section 97-mmmm of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the director of the New York state division of veterans' affairs shall provide a written report to the temporary president of the senate, speaker of the assem- bly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on [health] VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health] VETERANS' AFFAIRS committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-d. The opening paragraph of subdivision 2-a of section 99-v of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the director of the New York state division of veterans' affairs shall provide a written report to the temporary president of the senate, speaker of the assem- bly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on [health] VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS, chair of the assembly [health] VETERANS' AFFAIRS committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-e. The opening paragraph of subdivision 2-a of section 92-w of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the director of the division of criminal justice services shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on [health] CODES, chair of the assembly [health] CODES committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-f. The opening paragraph of subdivision 2-a of section 79 of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: S. 6406--C 147 A. 9006--C On or before the first day of February each year, the chairman of the board of directors of the World Trade Center memorial foundation shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, [chair of the senate committee on health, chair of the assembly health committee,] the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-g. The opening paragraph of subdivision 2-a of section 99-q of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: On or before the first day of February each year, the state fire administrator shall provide a written report to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the senate committee on [health] LOCAL GOVERNMENT, chair of the assembly [health] LOCAL GOVERNMENT committee, the state comptroller and the public. Such report shall include how the monies of the fund were utilized during the preceding calendar year, and shall include: S 27-h. Subdivision 2 of section 71-b of the state finance law, as added by chapter 453 of the laws of 2015, is amended to read as follows: 2. The head of the agency or entity administering the expenditure of tax check-off monies shall report annually on the use of such monies to the temporary president of the senate, speaker of the assembly, chair of the senate finance committee, chair of the assembly ways and means committee, chair of the [senate committee on health, chair of the assem- bly health committee,] APPROPRIATE COMMITTEE IN THE SENATE OR ASSEMBLY, the state comptroller and the public. Such report shall include the amount of money dispersed from the fund and the award process used for such disbursements, recipients of awards from the fund, the amount awarded to each, the purposes for which such awards were granted, and a summary financial plan for such monies which shall include estimates of all receipts and all disbursements for the current and succeeding fiscal years, along with the actual results from the prior fiscal year. S 27-i. Section 95-e of the state finance law, as added by chapter 301 of the laws of 2004, is amended by adding a new subdivision 2-a to read as follows: 2-A. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMMISSION- ER OF HEALTH SHALL PROVIDE A WRITTEN REPORT TO THE TEMPORARY PRESIDENT OF THE SENATE, SPEAKER OF THE ASSEMBLY, CHAIR OF THE SENATE FINANCE COMMITTEE, CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, CHAIR OF THE SENATE COMMITTEE ON HEALTH, CHAIR OF THE ASSEMBLY HEALTH COMMITTEE, THE STATE COMPTROLLER AND THE PUBLIC. SUCH REPORT SHALL INCLUDE HOW THE MONIES OF THE FUND WERE UTILIZED DURING THE PRECEDING CALENDAR YEAR, AND SHALL INCLUDE: (I) THE AMOUNT OF MONEY DISBURSED FROM THE FUND AND THE AWARD PROCESS USED FOR SUCH DISBURSEMENTS; (II) RECIPIENTS OF AWARDS FROM THE FUND; (III) THE AMOUNT AWARDED TO EACH; (IV) THE PURPOSES FOR WHICH SUCH AWARDS WERE GRANTED; AND (V) A SUMMARY FINANCIAL PLAN FOR SUCH MONIES WHICH SHALL INCLUDE ESTI- MATES OF ALL RECEIPTS AND ALL DISBURSEMENTS FOR THE CURRENT AND SUCCEED- ING FISCAL YEARS, ALONG WITH THE ACTUAL RESULTS FROM THE PRIOR FISCAL YEAR. S. 6406--C 148 A. 9006--C S 27-j. Section 14 of chapter 453 of the laws of 2015 amending the state finance law relating to tax check-off funds, is amended to read as follows: S 14. This act shall take effect immediately; provided, however, that the provisions of section thirteen of this act shall apply to funds established on and after such date AND FUNDS FOR WHICH A TAX CHECK-OFF IS A SOURCE OF MONIES IN SUCH FUNDS. S 28. Notwithstanding any other law, rule, or regulation to the contrary, the state comptroller is hereby authorized and directed to use any balance remaining in the mental health services fund debt service appropriation, after payment by the state comptroller of all obligations required pursuant to any lease, sublease, or other financing arrangement between the dormitory authority of the state of New York as successor to the New York state medical care facilities finance agency, and the facilities development corporation pursuant to chapter 83 of the laws of 1995 and the department of mental hygiene for the purpose of making payments to the dormitory authority of the state of New York for the amount of the earnings for the investment of monies deposited in the mental health services fund that such agency determines will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended, in order to enable such agency to maintain the exemption from federal income taxation on the interest paid to the holders of such agency's mental services facilities improvement revenue bonds. Annually on or before each June 30th, such agency shall certify to the state comptroller its determination of the amounts received in the mental health services fund as a result of the investment of monies deposited therein that will or may have to be rebated to the federal government pursuant to the provisions of the internal revenue code of 1986, as amended. S 29. Subdivision 1 of section 47 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 25 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the office of information technology services, depart- ment of law, and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [two] THREE hundred [sixty-nine] SIXTY-FOUR million [one] EIGHT hundred forty thousand dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 30. Subdivision 1 of section 16 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by S. 6406--C 149 A. 9006--C section 27 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed seven billion [one] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty- nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, and shall include all bonds, notes and other obligations issued pursuant to chapter 56 of the laws of 1983, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for deposit in the correctional facilities capital improvement fund to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the department of corrections and community supervision from the correctional facilities capital improvement fund for capital projects. The aggregate amount of bonds, notes or other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the department of corrections and community supervision; provided, however, that upon any such refunding or repay- ment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than seven billion [one] FOUR hundred [sixty-three] TWENTY-FOUR million [three] NINE hundred [sixty-nine] NINETY-NINE thousand dollars [$7,163,369,000] $7,424,999,000, only if the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid includ- ing estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 31. Paragraph (a) of subdivision 2 of section 47-e of the private housing finance law, as amended by section 28 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (a) Subject to the provisions of chapter fifty-nine of the laws of two thousand, in order to enhance and encourage the promotion of housing programs and thereby achieve the stated purposes and objectives of such housing programs, the agency shall have the power and is hereby author- ized from time to time to issue negotiable housing program bonds and notes in such principal amount as shall be necessary to provide suffi- cient funds for the repayment of amounts disbursed (and not previously reimbursed) pursuant to law or any prior year making capital appropri- ations or reappropriations for the purposes of the housing program; S. 6406--C 150 A. 9006--C provided, however, that the agency may issue such bonds and notes in an aggregate principal amount not exceeding [three] FOUR billion [one] SIX hundred [fifty-three] NINETY-SEVEN million [seven] FOUR hundred [nine- ty-nine] SEVENTY-FOUR thousand dollars, plus a principal amount of bonds issued to fund the debt service reserve fund in accordance with the debt service reserve fund requirement established by the agency and to fund any other reserves that the agency reasonably deems necessary for the security or marketability of such bonds and to provide for the payment of fees and other charges and expenses, including underwriters' discount, trustee and rating agency fees, bond insurance, credit enhancement and liquidity enhancement related to the issuance of such bonds and notes. No reserve fund securing the housing program bonds shall be entitled or eligible to receive state funds apportioned or appropriated to maintain or restore such reserve fund at or to a partic- ular level, except to the extent of any deficiency resulting directly or indirectly from a failure of the state to appropriate or pay the agreed amount under any of the contracts provided for in subdivision four of this section. S 32. Subdivision (b) of section 11 of chapter 329 of the laws of 1991, amending the state finance law and other laws relating to the establishment of the dedicated highway and bridge trust fund, as amended by section 29 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (b) Any service contract or contracts for projects authorized pursuant to sections 10-c, 10-f, 10-g and 80-b of the highway law and section 14-k of the transportation law, and entered into pursuant to subdivision (a) of this section, shall provide for state commitments to provide annually to the thruway authority a sum or sums, upon such terms and conditions as shall be deemed appropriate by the director of the budget, to fund, or fund the debt service requirements of any bonds or any obli- gations of the thruway authority issued to fund or to reimburse the state for funding such projects having a cost not in excess of [$8,658,881,000] $9,147,234,000 cumulatively by the end of fiscal year [2015-16] 2016-17. S 33. Subdivision 1 of section 1689-i of the public authorities law, as amended by section 30 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. The dormitory authority is authorized to issue bonds, at the request of the commissioner of education, to finance eligible library construction projects pursuant to section two hundred seventy-three-a of the education law, in amounts certified by such commissioner not to exceed a total principal amount of one hundred [forty] FIFTY-NINE million dollars. S 34. Subdivision (a) of section 27 of part Y of chapter 61 of the laws of 2005, providing for the administration of certain funds and accounts related to the 2005-2006 budget, as amended by section 31 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding any provisions of law to the contrary, the urban devel- opment corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$155,600,000] $167,600,000, excluding bonds issued to finance one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing capital projects including IT initiatives for the division of state police, debt service S. 6406--C 151 A. 9006--C and leases; and to reimburse the state general fund for disbursements made therefor. Such bonds and notes of such authorized issuer shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to such authorized issuer for debt service and related expenses pursuant to any service contract executed pursuant to subdivi- sion (b) of this section and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of comply- ing with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 35. Section 44 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corporation act, as amended by section 32 of part I of chapter 60 of the laws of 2015, is amended to read as follows: S 44. Issuance of certain bonds or notes. 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the regional economic development council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding envi- rons, the New York works economic development fund, projects for the retention of professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medi- cine, the olympic regional development authority, [a project] PROJECTS at nano Utica, onondaga county revitalization projects, Binghamton university school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, HIGH TECHNOLOGY MANUFAC- TURING PROJECTS IN CHAUTAUQUA AND ERIE COUNTY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZA- TION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, FAIRGROUND BUILDINGS OR FACILITIES USED TO HOUSE AND PROMOTE AGRICULTURE, and other state costs associated with such projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [two] FOUR billion [eight] SIX hundred [eighty-eight] SEVENTY-ONE million [two] SEVEN hundred fifty-seven thousand dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the dormitory authority and the corporation in undertak- ing the financing for project costs for the regional economic develop- ment council initiative, the economic transformation program, state university of New York college for nanoscale and science engineering, projects within the city of Buffalo or surrounding environs, the New York works economic development fund, projects for the retention of S. 6406--C 152 A. 9006--C professional football in western New York, the empire state economic development fund, the clarkson-trudeau partnership, the New York genome center, the cornell university college of veterinary medicine, the olym- pic regional development authority, [a project] PROJECTS at nano Utica, onondaga county revitalization projects, Binghamton university school of pharmacy, New York power electronics manufacturing consortium, regional infrastructure projects, HIGH TECHNOLOGY MANUFACTURING PROJECTS IN CHAU- TAUQUA AND ERIE COUNTY, AN INDUSTRIAL SCALE RESEARCH AND DEVELOPMENT FACILITY IN CLINTON COUNTY, UPSTATE REVITALIZATION INITIATIVE PROJECTS, MARKET NEW YORK PROJECTS, FAIRGROUND BUILDINGS OR FACILITIES USED TO HOUSE AND PROMOTE AGRICULTURE, and other state costs associated with such projects, the director of the budget is hereby authorized to enter into one or more service contracts with the dormitory authority and the corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the dormito- ry authority and the corporation agree, so as to annually provide to the dormitory authority and the corporation, in the aggregate, a sum not to exceed the principal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the dormitory authority and the corporation as security for its bonds and notes, as authorized by this section. S 36. Subdivision 3 of section 1285-p of the public authorities law, as amended by section 33 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 3. The maximum amount of bonds that may be issued for the purpose of financing environmental infrastructure projects authorized by this section shall be [one] TWO billion [seven hundred seventy-five] ONE HUNDRED EIGHT million [seven] TWO hundred sixty thousand dollars, exclu- sive of bonds issued to fund any debt service reserve funds, pay costs of issuance of such bonds, and bonds or notes issued to refund or other- wise repay bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision one of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 37. Subdivision 1 of section 45 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 34 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the urban development corporation of the state of New York is hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the implementation of a NY-SUNY and NY-CUNY 2020 challenge grant program subject to the approval of a NY-SUNY and NY-CUNY 2020 plan or plans by the governor and either the chancellor of the state university of New York or the chancellor of the city universi- ty of New York, as applicable. The aggregate principal amount of bonds S. 6406--C 153 A. 9006--C authorized to be issued pursuant to this section shall not exceed [$440,000,000] $550,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 38. Subdivision (a) of section 48 of part K of chapter 81 of the laws of 2002, providing for the administration of certain funds and accounts related to the 2002-2003 budget, as amended by section 35 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (a) Subject to the provisions of chapter 59 of the laws of 2000 but notwithstanding the provisions of section 18 of the urban development corporation act, the corporation is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed $197,000,000 excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previ- ously issued, for the purpose of financing capital costs related to homeland security and training facilities for the division of state police, the division of military and naval affairs, and any other state agency, including the reimbursement of any disbursements made from the state capital projects fund, and is hereby authorized to issue bonds or notes in one or more series in an aggregate principal amount not to exceed [$469,800,000] $509,600,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued, for the purpose of financing improvements to State office buildings and other facilities located statewide, including the reimbursement of any disbursements made from the state capital projects fund. Such bonds and notes of the corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the corporation for debt service and related expenses pursuant to any service contracts executed pursuant to subdivision (b) of this section, and such bonds and notes shall contain on the face thereof a statement to such effect. S 39. Subdivision 1 of section 386-b of the public authorities law, as amended by section 36 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Notwithstanding any other provision of law to the contrary, the authority, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of financing peace bridge projects and capital costs of state and local highways, parkways, bridges, the New York state thruway, Indian reservation roads, and facilities, and transportation infrastruc- ture projects including aviation projects, non-MTA mass transit projects, and rail service preservation projects, including work appur- tenant and ancillary thereto. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [one] S. 6406--C 154 A. 9006--C THREE billion [six hundred ninety] SIXTY-FIVE million dollars [$1,690,000,000] $3,065,000,000, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the authority, the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority, the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 40. Paragraph (c) of subdivision 19 of section 1680 of the public authorities law, as amended by section 37 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, the dormitory authority shall not issue any bonds for state university educational facilities purposes if the principal amount of bonds to be issued when added to the aggregate principal amount of bonds issued by the dormitory authority on and after July first, nineteen hundred eighty-eight for state university educational facilities will exceed eleven billion [two] SIX hundred [twenty-eight] SIXTY-THREE million dollars; provided, however, that bonds issued or to be issued shall be excluded from such limitation if: (1) such bonds are issued to refund state university construction bonds and state university construction notes previously issued by the housing finance agency; or (2) such bonds are issued to refund bonds of the authority or other obligations issued for state university educational facilities purposes and the present value of the aggregate debt service on the refunding bonds does not exceed the present value of the aggregate debt service on the bonds refunded thereby; provided, further that upon certification by the director of the budget that the issuance of refunding bonds or other obligations issued between April first, nineteen hundred ninety-two and March thirty-first, nineteen hundred ninety-three will generate long term economic benefits to the state, as assessed on a present value basis, such issuance will be deemed to have met the present value test noted above. For purposes of this subdivision, the present value of the aggregate debt service of the refunding bonds and the aggregate debt service of the bonds refunded, shall be calculated by utilizing the true interest cost of the refunding bonds, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding bonds from the payment dates thereof to the date of issue of the refunding bonds to the purchase price of the refunding bonds, including interest accrued thereon prior to the issuance thereof. The maturity of such bonds, other than bonds issued to refund outstanding bonds, shall not exceed the weighted average economic life, as certified by the state university construction fund, of the facilities in connection with which the bonds are issued, and in any case not later than the earlier of thirty years or the expiration of the term of any lease, sublease or other agreement relating thereto; provided that no note, including renewals thereof, shall mature later than five years after the date of issuance of such note. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, S. 6406--C 155 A. 9006--C the state university of New York, and the state university construction fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. S 41. Paragraph (c) of subdivision 14 of section 1680 of the public authorities law, as amended by section 38 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (c) Subject to the provisions of chapter fifty-nine of the laws of two thousand, (i) the dormitory authority shall not deliver a series of bonds for city university community college facilities, except to refund or to be substituted for or in lieu of other bonds in relation to city university community college facilities pursuant to a resolution of the dormitory authority adopted before July first, nineteen hundred eighty- five or any resolution supplemental thereto, if the principal amount of bonds so to be issued when added to all principal amounts of bonds previously issued by the dormitory authority for city university commu- nity college facilities, except to refund or to be substituted in lieu of other bonds in relation to city university community college facili- ties will exceed the sum of four hundred twenty-five million dollars and (ii) the dormitory authority shall not deliver a series of bonds issued for city university facilities, including community college facilities, pursuant to a resolution of the dormitory authority adopted on or after July first, nineteen hundred eighty-five, except to refund or to be substituted for or in lieu of other bonds in relation to city university facilities and except for bonds issued pursuant to a resolution supple- mental to a resolution of the dormitory authority adopted prior to July first, nineteen hundred eighty-five, if the principal amount of bonds so to be issued when added to the principal amount of bonds previously issued pursuant to any such resolution, except bonds issued to refund or to be substituted for or in lieu of other bonds in relation to city university facilities, will exceed seven billion [three] FIVE hundred [ninety-two] EIGHTY-EIGHT million [seven] FOUR hundred [fifty-three] ELEVEN thousand dollars. The legislature reserves the right to amend or repeal such limit, and the state of New York, the dormitory authority, the city university, and the fund are prohibited from covenanting or making any other agreements with or for the benefit of bondholders which might in any way affect such right. S 42. Subdivision 10-a of section 1680 of the public authorities law, as amended by section 39 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 10-a. Subject to the provisions of chapter fifty-nine of the laws of two thousand, but notwithstanding any other provision of the law to the contrary, the maximum amount of bonds and notes to be issued after March thirty-first, two thousand two, on behalf of the state, in relation to any locally sponsored community college, shall be eight hundred [thir- ty-eight] SIXTY-ONE million four hundred [fifty-eight] FIFTY-FOUR thou- sand dollars. Such amount shall be exclusive of bonds and notes issued to fund any reserve fund or funds, costs of issuance and to refund any outstanding bonds and notes, issued on behalf of the state, relating to a locally sponsored community college. S 43. Subdivision 1 of section 17 of part D of chapter 389 of the laws of 1997, relating to the financing of the correctional facilities improvement fund and the youth facility improvement fund, as amended by section 41 of part I of chapter 60 of the laws of 2015, is amended to read as follows: S. 6406--C 156 A. 9006--C 1. Subject to the provisions of chapter 59 of the laws of 2000, but notwithstanding the provisions of section 18 of section 1 of chapter 174 of the laws of 1968, the New York state urban development corporation is hereby authorized to issue bonds, notes and other obligations in an aggregate principal amount not to exceed six hundred [eleven] FORTY-SEV- EN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), which authorization increases the aggregate principal amount of bonds, notes and other obligations author- ized by section 40 of chapter 309 of the laws of 1996, and shall include all bonds, notes and other obligations issued pursuant to chapter 211 of the laws of 1990, as amended or supplemented. The proceeds of such bonds, notes or other obligations shall be paid to the state, for depos- it in the youth facilities improvement fund, to pay for all or any portion of the amount or amounts paid by the state from appropriations or reappropriations made to the office of children and family services from the youth facilities improvement fund for capital projects. The aggregate amount of bonds, notes and other obligations authorized to be issued pursuant to this section shall exclude bonds, notes or other obligations issued to refund or otherwise repay bonds, notes or other obligations theretofore issued, the proceeds of which were paid to the state for all or a portion of the amounts expended by the state from appropriations or reappropriations made to the office of children and family services; provided, however, that upon any such refunding or repayment the total aggregate principal amount of outstanding bonds, notes or other obligations may be greater than six hundred [eleven] FORTY-SEVEN million [two hundred fifteen] SIXTY-FIVE thousand dollars [($611,215,000)] ($647,065,000), only if the present value of the aggre- gate debt service of the refunding or repayment bonds, notes or other obligations to be issued shall not exceed the present value of the aggregate debt service of the bonds, notes or other obligations so to be refunded or repaid. For the purposes hereof, the present value of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obligations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates ther- eof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the corporation including estimated accrued interest from the sale thereof. S 44. Paragraph b of subdivision 2 of section 9-a of section 1 of chapter 392 of the laws of 1973, constituting the New York state medical care facilities finance agency act, as amended by section 42 of part I of chapter 60 of the laws of 2015, is amended to read as follows: b. The agency shall have power and is hereby authorized from time to time to issue negotiable bonds and notes in conformity with applicable provisions of the uniform commercial code in such principal amount as, in the opinion of the agency, shall be necessary, after taking into account other moneys which may be available for the purpose, to provide sufficient funds to the facilities development corporation, or any successor agency, for the financing or refinancing of or for the design, construction, acquisition, reconstruction, rehabilitation or improvement of mental health services facilities pursuant to paragraph a of this S. 6406--C 157 A. 9006--C subdivision, the payment of interest on mental health services improve- ment bonds and mental health services improvement notes issued for such purposes, the establishment of reserves to secure such bonds and notes, the cost or premium of bond insurance or the costs of any financial mechanisms which may be used to reduce the debt service that would be payable by the agency on its mental health services facilities improve- ment bonds and notes and all other expenditures of the agency incident to and necessary or convenient to providing the facilities development corporation, or any successor agency, with funds for the financing or refinancing of or for any such design, construction, acquisition, recon- struction, rehabilitation or improvement and for the refunding of mental hygiene improvement bonds issued pursuant to section 47-b of the private housing finance law; provided, however, that the agency shall not issue mental health services facilities improvement bonds and mental health services facilities improvement notes in an aggregate principal amount exceeding [seven] EIGHT billion [seven hundred twenty-two] TWENTY-ONE million eight hundred fifteen thousand dollars, excluding mental health services facilities improvement bonds and mental health services facili- ties improvement notes issued to refund outstanding mental health services facilities improvement bonds and mental health services facili- ties improvement notes; provided, however, that upon any such refunding or repayment of mental health services facilities improvement bonds and/or mental health services facilities improvement notes the total aggregate principal amount of outstanding mental health services facili- ties improvement bonds and mental health facilities improvement notes may be greater than [seven] EIGHT billion [seven hundred twenty-two] TWENTY-ONE million eight hundred fifteen thousand dollars only if, except as hereinafter provided with respect to mental health services facilities bonds and mental health services facilities notes issued to refund mental hygiene improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law, the present value of the aggregate debt service of the refunding or repayment bonds to be issued shall not exceed the present value of the aggregate debt service of the bonds to be refunded or repaid. For purposes hereof, the present values of the aggregate debt service of the refunding or repayment bonds, notes or other obligations and of the aggregate debt service of the bonds, notes or other obligations so refunded or repaid, shall be calculated by utilizing the effective interest rate of the refunding or repayment bonds, notes or other obli- gations, which shall be that rate arrived at by doubling the semi-annual interest rate (compounded semi-annually) necessary to discount the debt service payments on the refunding or repayment bonds, notes or other obligations from the payment dates thereof to the date of issue of the refunding or repayment bonds, notes or other obligations and to the price bid including estimated accrued interest or proceeds received by the authority including estimated accrued interest from the sale there- of. Such bonds, other than bonds issued to refund outstanding bonds, shall be scheduled to mature over a term not to exceed the average useful life, as certified by the facilities development corporation, of the projects for which the bonds are issued, and in any case shall not exceed thirty years and the maximum maturity of notes or any renewals thereof shall not exceed five years from the date of the original issue of such notes. Notwithstanding the provisions of this section, the agen- cy shall have the power and is hereby authorized to issue mental health services facilities improvement bonds and/or mental health services facilities improvement notes to refund outstanding mental hygiene S. 6406--C 158 A. 9006--C improvement bonds authorized to be issued pursuant to the provisions of section 47-b of the private housing finance law and the amount of bonds issued or outstanding for such purposes shall not be included for purposes of determining the amount of bonds issued pursuant to this section. The director of the budget shall allocate the aggregate princi- pal authorized to be issued by the agency among the office of mental health, office for people with developmental disabilities, and the office of alcoholism and substance abuse services, in consultation with their respective commissioners to finance bondable appropriations previ- ously approved by the legislature. S 45. Paragraph (b) of subdivision 3 of section 1 and clause (B) of subparagraph (iii) of paragraph (j) of subdivision 4 of section 1 of part D of chapter 63 of the laws of 2005 relating to the composition and responsibilities of the New York state higher education capital matching grant board, as amended by section 43 of part I of chapter 60 of the laws of 2015, is amended to read as follows: (b) Within amounts appropriated therefor, the board is hereby author- ized and directed to award matching capital grants totaling [210] 240 million dollars. Each college shall be eligible for a grant award amount as determined by the calculations pursuant to subdivision five of this section. In addition, such colleges shall be eligible to compete for additional funds pursuant to paragraph (h) of subdivision four of this section. (B) The dormitory authority shall not issue any bonds or notes in an amount in excess of [210] 240 million dollars for the purposes of this section; excluding bonds or notes issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previ- ously issued. Except for purposes of complying with the internal revenue code, any interest on bond proceeds shall only be used to pay debt service on such bonds. S 46. Notwithstanding any other provision of law to the contrary, from the taxes, interest and penalties collected or received by the commis- sioner of taxation and finance in respect of the tax imposed by the city of New York pursuant to the authority of section 1210, 1211, 1212 or 1212-A of the tax law,the comptroller shall pay, as directed in writing by the director of the budget, the sum of $16,666,667 on or before the twelfth day of each month from such taxes, penalties and interest collected or received by such commissioner during the previous month to (i) any issuers of state-related debt for the purposes of paying princi- pal, interest, and related expenses, or for retiring or defeasing bonds previously issued, including any accrued interest or other expenses related thereto, for any state-related bonding program or programs, or to (ii) a governmental fund or funds of the state treasury. The comp- troller shall make the first payment to issuers of state-related debt or the government funds on the twelfth day of May, 2016 from the taxes, penalties and interest collected or received during April 2016 and the last payment on or before the twelfth day of April, 2019 from the taxes, penalties and interest collected or received during March 2019. Provided, however, that in no event shall such payments exceed $200,000,000 in any state fiscal year; and provided further that such payments shall not reduce the reasonable costs of such commissioner under paragraph (b) of section 1261 of the tax law. S 47. Section 1680-m of the public authorities law, as added by section 39 of part T of chapter 57 of the laws of 2007, subdivision 1 as S. 6406--C 159 A. 9006--C amended by section 47 and subdivision 2 as amended by section 42 of part JJ of chapter 56 of the laws of 2010, is amended to read as follows: S 1680-m. Cultural education facilities. 1. Notwithstanding the provisions of any other law to the contrary, the authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for construction and rehabilitation associated with the cultural education facilities, INCLUDING BUT NOT LIMITED TO ACQUISITION COSTS AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, and the St. Regis Mohawk elementary school. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed seven- ty-nine million dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previ- ously issued. Such bonds and notes of the authority and the urban devel- opment corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the authority for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. 2. Notwithstanding any other provision of law to the contrary, in order to assist the authority and the urban development corporation in undertaking the financing for construction and rehabilitation associated with the cultural education facilities, INCLUDING BUT NOT LIMITED TO ACQUISITION COSTS AND OTHER STATE COSTS ASSOCIATED WITH SUCH CAPITAL PROJECTS, and the St. Regis Mohawk elementary school, the director of the budget is hereby authorized to enter into one or more service contracts with the authority and the urban development corporation, none of which shall exceed thirty years in duration, upon such terms and conditions as the director of the budget and the authority and the urban development corporation agree, so as to annually provide to the authori- ty and the urban development corporation, in the aggregate, a sum not to exceed the principal, interest, and related expenses required for such bonds and notes. Any service contract entered into pursuant to this section shall provide that the obligation of the state to pay the amount therein provided shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available and that no liability shall be incurred by the state beyond the monies available for such purpose, subject to annual appropriation by the legislature. Any such contract or any payments made or to be made thereunder may be assigned and pledged by the authority and the urban development corporation as security for its bonds and notes, as authorized by this section. S 48. Subdivision 1 of section 1680-r of the public authorities law, as amended by section 40 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the capital restructuring financing program for health care and related facilities licensed pursuant to the public health law or the mental hygiene law and other state costs associated with such capital projects and the health care facility transformation S. 6406--C 160 A. 9006--C program. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed two billion [two] FOUR hundred million dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 49. Subdivision 1 of section 49 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as amended by section 44 of part I of chapter 60 of the laws of 2105, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the state and municipal facilities program and other state costs associated with such capital projects. The aggregate princi- pal amount of bonds authorized to be issued pursuant to this section shall not exceed one billion [one] FIVE hundred [fifty-five] FORTY million dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the corpo- ration shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority and the corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 50. Subdivision 1 of section 51 of section 1 of chapter 174 of the laws of 1968, constituting the New York state urban development corpo- ration act, as added by section 26 of part I of chapter 60 of the laws of 2015, is amended to read as follows: 1. Notwithstanding the provisions of any other law to the contrary, the dormitory authority and the urban development corporation are hereby authorized to issue bonds or notes in one or more series for the purpose of funding project costs for the nonprofit infrastructure capital investment program and other state costs associated with such capital projects. The aggregate principal amount of bonds authorized to be issued pursuant to this section shall not exceed [fifty] ONE HUNDRED million dollars, excluding bonds issued to fund one or more debt service reserve funds, to pay costs of issuance of such bonds, and bonds or notes issued to refund or otherwise repay such bonds or notes previously issued. Such bonds and notes of the dormitory authority and the urban development corporation shall not be a debt of the state, and the state shall not be liable thereon, nor shall they be payable out of any funds other than those appropriated by the state to the dormitory authority S. 6406--C 161 A. 9006--C and the urban development corporation for principal, interest, and related expenses pursuant to a service contract and such bonds and notes shall contain on the face thereof a statement to such effect. Except for purposes of complying with the internal revenue code, any interest income earned on bond proceeds shall only be used to pay debt service on such bonds. S 51. Subdivision 11 of section 5-a of chapter 35 of the laws of 1979 relating to appropriating funds to the New York state urban develop- mental corporation, as added by chapter 3 of the laws of 2004, is amended to read as follows: (11) Financing agreements. The development corporation and the state, acting through the director of the budget, are hereby authorized to enter into one or more financing agreements with respect to bonds (other than hotel bonds) on the terms and conditions as the director of budget and the development corporation agree, so as to annually provide to the development corporation, in the aggregate, a sum not to exceed the annu- al debt service payments and related expenses (including without limita- tion financing costs and costs and expenses under ancillary bond facili- ties and development corporation credit support agreements) required for the bonds secured by a financing agreement and subject to the limita- tions of this section. Copies of any such agreements, including any amendments thereto shall be submitted to the state comptroller and the chairs of the assembly committee on ways and means and the senate finance committee. The obligation of the state to fund or to pay the amounts provided for in any financing agreement, as in this section provided and as shall be provided in the financing agreement, shall not constitute a debt of the state within the meaning of any constitutional or statutory provision and shall be deemed executory only to the extent of monies available; no liability shall be incurred by the state beyond the moneys available for such purpose; and such obligation is subject to annual appropriation by the legislature. The amounts paid to the devel- opment corporation pursuant to any such financing agreement shall be used by it solely to pay or provide for debt service payments and related expenses as more particularly set forth in the applicable financing agreement (including rebate to the federal government of certain earnings, if so required). The bonds for which each financing agreement is applicable (a) shall be issued with a final maturity of no more than thirty years, and (b) may be issued in one or more series in an aggregate principal amount not to exceed the sum of [$350,000,000] $1,350,000,000, excluding the amount determined by resolution of the development corporation to be required for refunding the outstanding Jacob K. Javits convention center bonds referred to in subdivision one of this section, and, excluding bonds issued to fund one or more debt service reserve funds and to pay costs of issuance of such bonds, and (c) shall be subject to the provisions of article 5-B of the state finance law. It is hereby determined and found that the development corporation, as a subsidiary of the urban development corporation, is an authorized issuer pursuant to [article] ARTICLES 5-C AND 5-F of the state finance law and that the bonds secured by a financing agreement, upon issuance in accordance with and subject to the provisions of this section, may be issued pursuant to such [article] ARTICLES. S 52. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2016; provided, however: (a) the provisions of sections one through eight, and sections twelve through twenty of this act shall expire March 31, 2017, when upon such date the provisions of such sections shall be deemed repealed; (b) S. 6406--C 162 A. 9006--C provided, however, that the provisions of section twenty-seven-j of this act shall be deemed to have been in full force and effect on the same date and in the same manner as chapter 453 of the laws of 2015, took effect; and (c) the provisions of section forty-six of this act shall expire upon the last payment made by the comptroller pursuant to section forty-six of this act when upon such date the provisions of such section shall be deemed repealed; provided that the state comptroller shall notify the legislative bill drafting commission upon the occurrence of the last payment provided for in section forty-six of this act 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 furth- erance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through UU of this act shall be as specifically set forth in the last section of such Parts.
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